The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1851-12-17
THE MoRGANTON TRADGEDY.

THE MORGANTON TRADGEDl
The following postscript to The Edisor' Of
the Fayetteville, ts from one Of the h'ss egs'
minds Of the State. though 10 private lie
al feel very much mortified. az . citizen
of North Carolina, that any one should hsve
ate mp,ed defence Of the Jury which SCOUT
ted MIR. Avery, or Of the Counsel Who de-
Tended him, as they are stated in the "Moon'
tain Banner" end repubished in the stan
dard."
These doctrines are at variance With every
/ admitted principle Of the law, as u mas ., a"
times been administered in this Stale. ine
very first sentence Of the defence IS 40 ad'
mission tina, the law Of tho land was against
the prisoner; and was q bold and uup"dona'
bic a,,emp, to Withdraw The lac IRON Inc
sphere ASST ned for i,s administration 10 az
times past-sn attempt ~h CHI viii never oe
made where juries are expected to DO 'nef
duty; and is employed only ~hsre there 10
hope tina, they may be found weak enous . 70
betIay the law, when the Judge 10 loo ln'e'l'
gent, firm aud homes, to do SO.
The law. abiding character OF the people OF
The State never had been acquired under such
administration of its rules; and lev hsgran!
cases. like tho homicide Of Flemm'ng, would
utterly destroy What it would take century
10 build ur.
The whole argument Of The counse! might
10 considered an apology Tor due''ns' II gu
ell there had been. Bu,, as duel thete ~s'
none, the argumen, is an apology Tor a''as
sinating on, who has inflicted on US q gflev
Gus injury, at any length Of time thereafter
The appeal to the jury, that 'ln criminal cas-
GO they we're the Judge Of both the Law ana
facts" has o recent parallel 10 case
great inieres, TO the Union, and especially le
the Southern portion Of 1.-THE trial oil 'h'
v,ola,ors Of the fugitive slave law-whe''
the counsel for the defence boldly assumed
that doctrine, With view that they might aP
eal from constitutional law to the known ant
unenl gh,ened and invotera,e. prelud'ces
tho people. The public have seen how pa
,riotcally and nob'y this attempt vas me
and ,e2sled, and how this great art'ics
viola ors Of the law was disposed Of, and the.
have thanked the eminen, Judge for the fear
less dlschsrse Of his public duty. III" wor
,hv cf imitation everywhee, and by ever!
conservative man, whether Judge or juror
Such doctrine is an appeal 10 higher la'
,hnn the law Of the lsud aud this appeal wa
made in words by The counsel oil Avery
~ hen God pa,dons, man dare moi punish.
lean aod do most sincerely sympathise WI
Mr.. Avery, and can imagine the intensity
his lsceia,sd feelings; but every msn !eel
that, in his case, the law has been grossly
ola,ed and tha, the example Of his impuni'.
through q jury and under the favor Of sue
doctrines a. were advanced for his defence,
q a terrible blow on our institutions, which "
n stimulate the fierce passion Of revenge to 81
its appetite uhenertr and uhersper
regard TO time or place-lhe first opportut
!, ty may occur.
= If such examples should be followed
grea, constitutional questions else~ here,
have our mouth, shut. The fact is, this u
vsrnmsn, canno, exist, il juries are saua
! that i, is RICH, 10 rebel agains, tho lay a. e
pounded by the judges, and sot up any ~
:. for themselves, whether Of reason, caprice
:. feeling. Safety Of life, Of property, aod
: homer, must and will have nothing but ns m
: No one, who il cut Of the atmosphere
> The Jury and counsel, and within the a'mt
phere Of the la,p, can read the account IN I
E" Banner" without feeling that heneeier
- North Carolina stands a step lower ss a Il
y abiding State than she did on the morning
the 5 Of November last.
a. Asa portion Of tie pres, have volunteen
a., in se'y lad TASTE, TO corrupt our law and
- administration, | think il time the residue
:. il should be reused TO give the public NOR
10 proper tone.