Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-08-28
COMMUNICATED
Judge Pearson's Letter.

Judge PeArSOn'S ASttSEs
As the Conservative papers Throughout
the State have failed to publish Judge
PEARsoS's letter, 1 did not receive a copy
of the same until yesterday, when friend
handed me the Standard containing it.
Icannot recall another instance in the
history of North Carolina, as State, when
her highest judicial dignitary SO far forgot
the propriety of his position as to descend
into the political ARENA partisan cham
pion, stripped and girded for the fight.
Judge PEARSON attempts to excuse him
self upon the plea that he is SO far removed
beyond the frailties of ordinary men, he
can view dispassionately the subjects OF
the day, and, therefore, in the present
crisis, his " silence would be criminal. -
Having, as he claims, the confidence of
both parties, what he says "will be con-
sidered calmly, as the advice of friend
having no motive but the public good.
In the worlds history, few indeed have
been the men who have occupied such a
position it was perhaps yielded to WASH
INGroN in his last days, but, in our own
time, there is no man in Europe or America
to whom the public would concede it.
The fact that Judge PEARSON claims it for
himself is the best evidence of the very
high estimate placed upon him by the Sage
of Mocksville, and cannot fail to evoke in
his behalf the prayer of BURNS for an over
conceited lady, unconscious of the insect
upon her bonnet,
Oh wad some power the giftie gle US,
To see Oursels as lthers sec US.
It is true that he was the nominee of
both parties for the position of Chief JUS
tice. He was nominated by the Conserva.
tiyes in the hope that he would confne
himself to his judicial duties, and give to
the State the benefit of his law learning
the result is what many predicted, the be-
trayal Of their confidence.
Those who had watched the course Of
Judge PEARSON, from the surrender until
his nomination, had lost confidence in his
public integrity. The cases, HUGHES &c
pa1te, SO ably reviewed at the time by your
corresponds nt VINDEx, wherein he holds
that the Convention of 1866 was legal and
rightfully called Cooke as. COOKE, where
in he decides that marriage solemnized
after SCHoFIELD's order, and before the
saving ordinance of the Convention, by
Justice of the peace appointed in Confede-
rate times. was cold, and, of course, that
the children sprung therefrom would be
bastards, but for said ordinance and
HAYLY Us. HAYLY, wherein he declares a
negro, formerly a slave, emancipated by
the will of party who died in 1864, en-
titled to take a legacy bequeathed to him
in said will, contrary to the express pro-
visions CT law of the State, passed be-
fore the war, in connection with the reason
ing whereby his conclusions in said cases
are sustained, satisfied the profession that
he was ready to construe the code of public
law, to meet the exigencies, and to sane
ton the usurpations, of the day, without
any regard to established authority or ex-
press enactment He is mistaken, then,
in supposing that he has the confidence of
both parties. The members of his own
profession, who know him best, concede
to him much legal learning, but deny to
him any political integrity.
The gist of the letter in question seems
to be That by conceding to tho freedmen
political equality there will be an eud of
strife, and that this concession will be evil
denced by the election of GRANT and Col.
FAX. By denying political equality to the
freedmen, we inaugurate civil war, war
of races, and that this denial will be evil
denced by the election of SEYMOUR and
BLAIR, and, in that event, civil war will be
inevitable.
The position of the Chief Justice proves
that he has entirely misconceived the char
acter of the issues joined in the present po-
litical contest. Whether the negro shall, or
shall not, be deprived of the franchise,
does not enter into it at all
The Conservative party seek to sustain
the fundamental principles of the Consti-
tuition of the United States, whereby tie
executive, legislative and judicial depart
ments of the government shall be at iber-
ty to exercise the powers conferred upon
them by the Constitution, and, as designed
by the trainers of that instrument, that
each shall be preserved from encroach.
ments by either of the others.
The Republican party on the other hand
are struggling to destroy the executive and
judicial departments of the government
and to place all power in the Legislative de
partment. The former seek to sustain
the Constitution as construed by tn,
fathers of the Republic-the latter seek tx
destroy that Constitution, and to give us
in it's place, consolidated despotism--th
worst despotism that can be conceived
the will of majority of Congress. As