Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-07-17

u.
by authority of Congress, will go to work
the work of mischief only, fear.
For the Journal.
Chief Justice Pearson or Public Law
Character of the present Supreme Court
DC. &c.
PINETUM, July 18th, 1868
NesSrs. Editors Did it ever occur to you
that such thing can be possible in a State
as the civil death of all the officers charged
with the administration of the laws Not
precisely an original vacancy" as Candy,
that Scion Of law givers. has it, buta uacuun,
the case, and what has been may be again.
Chief Justice Pearson, in one of his recent
famous opinions, with which he has cleo
tritied the little world wherein he moves,
declares,
CATER the order of General Schotield,
announcing the subiugation OF the State,
all OF the officers of the State were t2eud,
and could no longer exercise the functions
of their respective offices"
Of course not after they severe dead.
The Chief Justice, to be emphatic, puts
dead - in italics by which, I suppose, he
means to say, in bis classical style, " dead
as door nail" You will observe that the
c.. J. uses the words ' were dead" not that
they instantly died." upon the promul-
cation CT the order, but that latter the
order" they "were dead" This is GER
tainly luminous, perhaps metaphorica], as
it turns out that those officers who 'weGe
dead" nevertheless did many acts after
they had ceased to exist. [ infer from
this that they were not dead in the flesh,
but simply that they ''were dead " meta
phorically. But the G. j., in order to
make sure thing of it, further declares
that all official acts which the said officers
had the impudence to do after they were
dead" were illegal, invalid, void, dead,
until resuscitated, made legal, by Conven-
ton ordinance CHI. II. But the Radical
friends of the c. J. now declare that Con
vention itself to have been an illegal body,
and seek to peach the President for hav
inc called the same. The President, how
ever, need only go to "Hughes &c parte,
which the G. J. is SO fond Of quoting, for
a triumphant answer } Ihad. Stevens: sit
was neither constitutional nor unconstitu-
tional, but ectra constitutional" This pro-
found utterance of the @. j. will certainly
floor cold Thad."
All marriages, according to the Chief
Justice of North Carolina, which were SOL
emnized by Justices Of the Peace after
they ':were deaG," viz after the promul
cation of Schofe DIS order, and from that
time until the passage Of the Convention
ordinance, chap. II, were but adulterOus
connexions, and the children sprung there |
from would now be bastards, but for the
saving ordinance aforesaid. " faclAs de-
scensus urey7ai," and when the Chief JUS
tice became demoralized by "the situa
tion," he went headlong. What immortal
fame must be his in thus discovering and
enunciating legal principle never before
enunciated by any writer on public law.
Verify, when he wrote the famous SEN
fences which have quoted, he might have
exclaimed "E.regi naOnUnoe1atuna perennanS
Ere"
It is essential to the proper administra-
ton of Justice, that the eNpounders of the
law should secure the respect, and even
the reverence OF the people. But these can
only be preserved on the part Of the judi
ciary by keeping themselves aloof from all
corrupting Influences, and by a blameless
course of conduct in both private and pub
lie life When they forget their solemn
obligations and become the supple tools OF
party, they cease to be worthy OF pubic
confidence and their exposure becomes
public duty. What is the character OF the
present Supreme Court of North Carolina?
Three OF the body, protested politicians. who
stumped - the State IN behalf of IS their
party, - and one OF whom, at least, descend
ded to the lowest rlbaldry Of the hnstlngs.
Another, after preserving 'prudent re-
serve" has fallen all at once, from his high
estate, to the position OF fngienan for Gov.
Holden, IN the hope, it is animated, that
IN the scramble, he may slip into the Uni
ted States Senate, whist the Opinions OF
tue Chief Justice whose legal learning Is
universally corceded on ali questions OF
pubic law, are fonted by the Whole pre-
lesslon. Common rumor had it, that be-
fore the removal of the Old Judges by the
Convention OF 1865, he declared his right
to hold his office under his old commission.
But "a change came over the spirit OF his
dream" and he became Chief Justice under
"new commission" The "new commits
SION was taken away, and he IS IN again
swearing with the best grace imaginable
eternal fealty to each NEW dynasty, and
prepared now. as he has done heretofore,
to construe the Code of public law Ito
meet the case. y
A Young limb of the law, called my at
tenllOn 10 tue case lrou WHICH, liz .
uuoted-Cooke as Cook / Phillips l..
$50. He, it must be confessed, was enthu
siastic over it. In order to crafty him,
expressed my purpose to illustrate 1t, when
he informed me that several other opln-
ions of the Chief Justice in the same book,
deserve the like attention. But L have no
time for the task, as | am busy, at this sea
son, on my farm. Besides, l get the mail
but once week, and I take only the Jour-
NAL which tells me as much about the world
as want TO know. [ look anxiously for
YOUR next weekly in the hope that it will
contain the names of the nominees OF the
New York Convention W. h. l..
The Fourteenth observation-disclosures
ton of the PI esident.
The following proclamation has been Is
sued by the President: -,