The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1866-10-30

| lh low. IheTe were III Senators Tor conTic-
| ton and "a Tor acquittal. Article III. charged
I that at the same trial the Judge had unjustly
excluded the evidence of material witness for
the defence. For conviction Is: for acouittal,
l6 Senators. Article w charged him at the
same time with 'manifest injustice, impartiality
| and intemperance," in refusing postponement;
in the use of "unusual, rude and contemptuous
expressions towards the prisoners counsel" "in
repeated aud vexatous Interruptions" and in
-"an>indecent solictude" for the conviction Of
the accused. For conviction Is; for acquittal
Is. Article V. charged him with illegally re-
fusing to admit Calender. to bail Acquitted
unanimously. Article VI charged the Judge
with illegally hurrying up Callehder's trial at
the term of court when he was indicted. For
conviction 4; for acquittal 20 Article VII
charged him with "descending from the dignity
of judge and STOPPING to the level of an in-
former" by~refusing to discharge grand jury
at New Castle, Delaware, because they did not
indict a sedirious printer For conviction TO-;
for acquittal 24. Article VIII. charged him
with making "highly indecent, incorporate
and infammatory political harangue" to grand
Congress, aud opposing certain reforms in the
State Constitution in Maryland, thus "prost-
tuting the high judicial character with which
he was invested, to the low purpose of an cleo
tioneerng partisan" For conviction 10; for
acquittal Is. A two-thirds vote of the Senators
present not being given in support of any article
OF impeachment Judge Chase was acquitted
throughout. lie held his seat on the Supreme
bench during the remaining six years Of his life.
This impeachment, though it fell through in
legal point Of view, yet had good result 10
checking that judicial arrogance, insolence and
spirit of browbeating which some magistrates
displayed, as though the majesty of the law
needed intellectual rufianism to support it, No
judge for the last sixty years-excepting two
three in fugitive slave-Iaw times-has ever dealt
out political slang from the bench, or attempted
to persecute opponents by his ruling
4. The last case Of impeachment was that of
James H Peck, Judge of the U. s District
Court of Missouri, 10 the winter of 1930-3l.-
He was charged with ''il1egal arbitrary, and op-
pressive conduct" in his Office as judge, towards
one Luke E Lawless, an attorney, by imprison-
iog bis person and depriving him for eighteen
months of the practice of his profession Law
less had published a sharp criticism on Judge
Peck's decision in an important land case in
which he (Lawless) was counsel. and the pug
naclous lawyer was dealt with as above for ''con-
tempt of court" The matter brought be
fore Congress, as an unconstitutional interference
with liberty of speech and of the press The
House impeached Judge Peek, l23 to 40
After a wearisone six weeks trial, the Senate
voted p for convicios, p for acquitta
A NORTH CAROLINA PRECEDENT
The Charlotte Democrat publishes letter
from gentleman in Texas to friend in Meek
lenburg, in which the writer says:
81 have often read, since the termination of
this war, in "Ramsay's Annals Of Tennessee"
the account there given of the separation of
East Tennessee from North Carolina I have
sometimes thought of writing President John 4
son, giving him an account of the magnauimity
of North Carolina, his native State, to John
Sewer and other leading spirits of his adopted
State. The struggle lasted about as long as
ours. The chief revolter, John Sewer, and
Governor of the insurrectioDary State, ostra
cIsed by special enactment, was magnanimousy
admitted to his seat in the Senate of the mother
State"
This is veritable history. In December
1874, Convention of delegates from what were
known as the counties of Washington, Sullivan
and Greene, embracing enough territory to
make several large States aud all belonging to
the then State Of North Carolina, met at Jones'
boro', seceded from North Carolina, and formed
Caswel then Chief Magistrate OF North Caro-,
lima, was not of "a temper to brook such high
handed measures, and issued a proclamation
against the .srebels," in which (as we learn
from Wheeler) be warned all persons concerned
in the revolt to return to their duty aud allegi
ance, and declared the spirit OF North Carolina
was not SO damped, or her resources SO exhaust
ed that means, even to blood, would not be re-
sorted to to reclaim her refractory citizens and
preserve her dignity and honor.
The State of Frankland disregarded the ad-
mooitiou and proceeded to elect officers of State,
levy taxes, appropriate money, erect new coun-
ties, and exercise all the powers and preroga-
tives OF sovereign State. La other words it be-
ca me dc Jacto government, to all intents and
purposes.
This state of things, with frequent minor col
lsions and border raids, continued until the lat
ter part of the year 1857, when the State of
FraDkland yielded to financial pressure. strong
er than that Of physical coercion, and was mum
bered among the things that were. Allegiance
was promptly renewed to the old government
and delegates chosen to the State Legislature,
which met tha; year in Iatboro.
Up to this point the parallel seems almost
comple'e between the history of the years
1913 and l66l-'5, except 10 the magnitude
and intensity OF events; but here, to the re-
proach OF modern political progress, and nine
teenth-century- -magnanimity, humanity and sa-
gaclty, the parallel terminates. The delegates
from the deiunct State of Frankland were cor
daily welcomed back to the fold, fguratively
the fatted calf killed, aud all era of good
feeling and harmony, the stronger for the tenn
porary alienation, ensued, and continued until
the formation of the State of Tennessee out of
the territory Of North Carolina by voluntary