The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1868-09-01
Judge PaarsOn's Letter.

| cannot recall anOtncf instance In tne history
of North Carolina, as State, when her highest
judicial dign1tary SO far forgot the propriety OF
his position as to descend into the political arena
"a partisan champion, stripped and girded for
the fight.
Judge Pearson attempts to excuse himself
upon the plea that he is so far removed beyond
the frailties of ordinary men, he can view dis
passionately the subjects of the day, and, there
fore. in the present crisis, his ''silence would be
criminal" Having. as he claims, the confidence
of both parties, what he says will be considered
calmly, as the advice of friend having no mo-
tives but the public good
In the worlds history, few indeed have been
the men who have occupied such position; it
was perhaps Welded to Washington in his last
DAYS, but. in our own time there is no man in
Europe or America to when the public would
concede it. The fact that Judge Pearson ella ms
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 be-
half the prayer of Burns for an over-conceited
lady, unconscious of the insect upon her bonnet,
Oh wad some power the gifte gle us,
To oursels as ithcrs see u.s.
1t is true that he was the nominee of both
parties for the position of Chief Justice. He
was nominated by the Conservatives 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,
tile JctraynI Of their confidence.
Those who had watched the course Of Judge
Pearson from the surrender until his nomina-
ton, had lost confidence in his public integrity.
The cases, Hughes &c parte, so ably reviewed at
the time by your correspondent Vindex, wherein
he holds that the Convention of 1865 was legal
and rightfully called; Cooke as Cooke wherein
he decides that a marriage solemnizcd after
Schofeld's order, and before the saving ordinance
of the Convention, by Justice of the Peace APP
pointed in Confederate times, was void, and, of
course, that the children sprung therefrom would
be bastards, but for said ordinance; and Hayly
IS. Hayly, wherein he declares negro, formerly
a slave, emancipated by the will of party who
died in 1864, entitled to take legacy bequeathed
to him in said will, contrary to the express pro-
visions of law of the State, passed before the
war, in connection with the reasoning whereby
his conclusions in said eases are sustained, salts
fed the profession that he was ready to construe
the code of public law to meet the exigencies,
and to sanction the usurpations of the day, with
out any regard to established authority or ex-
press enactment He is mistaken, then, in sup
posing that he has the confidence of both parties
The members of lis 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 the freedmen political
equality there will be an end of strife, and that
this concession will be evidenced by the election
of Grant and Colfax. BY denying political
equality to the freedmen, we inaugurate civil
war; war of races, and that this denial will be
evidenced 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 character of the
issues Joined in the present political contest.
Whether the negro shall, or shall not, be de-
prived of the franchise, does not enter into it
at ALL
The Conservative party seek to sustain the
fundamental principles of the Constitution OF the
United States, whereby the executive, legisa
tive and judicial departments of the government
shall be at liberty to exercise the powers con-
terred upon them by the Constitution, and, as
designed by the trainers of that instrument, that
each shall be preserved from Entertainments 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 department. The former
seek to sustain the Constitution as construed by
the fathers of the Republic latter seek to
destroy that Constitution and to give us, in its
place, consolidated despotism-the worst des-
potism that can be conceivcd-the will of a ma
jorty of Congress. AS to the negro, the point
is not whether he shall be allowed to vote, but
whether the States as States shall be allowed to
pass upon that question for themselves. 1t does
not follow that, by the election of Seymour and
Blair, the negro will be deprived of the fran
chisc. The election of those gentlemen would
be declaration merely by the people of the
United States that the States, and the States
alone, should have the right Of regulating the
question of franchise, and all other internal ques
tlons without being coerced to observe the will
ofthe Congress of the United States. These are
the great issues before us-issues upon the de-
cision of which the existence of civil liberty and
the destinies of this country depend. He who,
with Judge Pearson, ignores these great issues,
and narrows them down to the mere question of
negro suffrage SO far from being followed as
monitor, should be regarded as political neo-
phyte, wholly ignorant ofthe momentous CUES
tons of the day.
The Howard Amendment, so recently engraft-
cd on the Constitution of the United States
comedies to the States the power of regulating
the question of suffrage for themselves Under
that amendment North Carolina may qualify the
suffrage as to both classes of her citizens or she
may exclude the negroes altogether from the
right to vote. But the Radical party seek to
destroy this power conferred by the Constitution,
by "a mere act of Congress, which the ablest
members of that party declared would be inoper-
ative and void, but which, nevertheless, will be
enforced by the usurpation of the Legislative de-
pertinent ofthc government, should Grant and
Cclfax be elected. Against this Conservative
protest, they do not propose to effect any
thing by the s'eorof-they propose to act by,