Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1863-11-11
Nurtl)- Carulina Stallaur1
For the Standard.
THE JUDICIARY OF NORTH-CAROLINA.

THE JUDICIARY OF NORTH.CAROLINA.
rnauencss operntiug upon human nature OF Ike ehar
acter generally produce similar inoss hsx. ever
daaired to destroy the judiciary of their country
attempted the accomplishment of their OBJECT IA t's
revolution when the people become o M" ns.
takes it's flight to more peaceful. there
riods ara more favorable to their success, because 'e
are influences that are potent the mna wncu yea q
to exist when the warcloud has disappeared ana rs
guilty regns sach being the case spedtons if our
judiciary had escaped the recent unjust ana
criticisms But the questo may be asked VIVA! can %
unmerited censure accomplishr The result wouo b
feared if majority of our citizens familiar WIN ne
rights powers and duties of our Judiciary @ VI
ect of certain journals and writers would be
desesed; but unfortunately they 90 MOI ta Iss char
pes Il cannot b. unnecessary to state tnat Tue pI
sentimsn of North Carolina has long since decoeo
the judiciary ought to powers eS the con-
stitutionaty of laws doubted and case
brought within the cognzsnce Of our state courts, ne
decisions if not subject to appeal must DC g.,
for If they are not, the other departments o III:
ao3ernmeat will enjoy secure and irresistible triumph.
he existing relations between these depart o"o
their origin to the sagacty Of ancestors VINO
ted the censure to which the judiciary wouia Do saI
tad If the State ever became involved in war and beng
aware what had been the result OF sucn ATTACKS ~ S,t
countries it necessary to ssert clause IN .h .
Constitution declaring that the JUDGES sns from ocs
for mental or physical inability and that their
not be diminished during their continuance IN once
This clause was requisite to make Inc eaI influences
This was especially necessary have written Ooh
stitution where the powers and rights are h
defined aud limited Laws however Of
fetal frequently become unpopular through tne 49,
those who are ever willing under various Pretences W Pr
duce combinations against the regular exercise OF
Such are hostile to an defeat their
selfish purposes, and destroy forever thes iono e.
hopes They know the judiciary does not pssess WIN .n
Legislative and Executive Department equal aasans
.,oIfJ of,n y
saults against this department. being aware that rampn
here would be victory over the Consultation. ,ho
Thus. have endsavored to show their oojecs no oe '
destruction OF the judiciary of NorhC Carolina They pro-
pose do this BY destroying the confidence OF lne
through accusations calling in question the motives auu
Integrity Of our Judges and more especially ,ne
bound to and define the law as 1t =. noe rs
sAosd BE- fCongress the Legislature enact laws Una.
will njurs the Coneieracy or State. is just 10 cens"e
Courts for the ignorance of the other
the government Ii Congress the Legislature enact
laws contrary to the Constitution of the State ana Con-
fderacy and Court declares should 1t be
"The wayfarng man, though fool can see the great
injustice these persons doing our Judges But can
be doubted that the tendency Of their efforts ~
change that public sentiment which has ever sustained I
decisions of Courts and if successful the result WIN
be destruction of that confidence which heretofore mas
been we'll meri:ed by the justice Judicial decision ana
the assduity fidelity and independence OF our
If they successful in their endaSors to direct TINS rno
lie opinion, the protecting shield of the humble ana the
innocent the administration Of justice will be Dependent
the favOrS and will of the influence o popu
isrity The laws fthe State will become dead letter.
because their true intent and meaning will cease to De
expounded Defined and under such circumstances
M0ntesquie, "there cannot be any liberty Inc result
Of their triumph must open the way for the supremacy o!
the military the civil auhority-fOr to be otherwise
would be at variance with the accumulated experience vi
ages and history of nations Recent disregard Of the
authority in sister States and the of Judges should
cause every freeman to denounce such usurpaons oy
tary tyrant and disregard the assaults against our judi
CARY for when it ceases to interpret pronsunce
the laws" and to enforce rights the government musi
perish either by its mbecity the other depart
ments OF ent must for the purpose
of commanding obedience to the destruction. OF liberty
may be said that these journals do not desire to abolish
this department. but only to destroy that respect which
we have ever entertained for judicial cisions u
successful the result would be the existence ola udic'a
department only in name and our life liberty andproper
There cannot be in free government security for tn
minority except through the judicial department. and GU
judges should be encouraged and sustained in the dis
charge Of their @poEs9t dHtes ks e6hned with
in its proper limits will change our government BY de
sroyng all those limitations and restrictions of the sew
erai departments which ancestors thought pecessar
10 insert IN our Constitution, and which experience ha
confirmed to be very essential The people of the Stat
should be 70 Judges for the fearless dscbsrg
OF their official duties They value only that popularit
winch follows. no, that which is run after" The lustr
future urst will never be furnished like the name of Cox
whenever memory recalls his brutal ferocity in the trial
me innocent, gifted and noble Raleigh but poserity wi
oeRnt 10 honor the memory of those who endeavored
project and secure the rights of every citizen though
% an humble inmate Of cottage by the way. side.
+=s
Harrellsvil'e, N. c., Oct. 80, 1858.