Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-07-02
ghr Bench ard tiie Bar.

,:hr Bench ard ti:e Bar.
There is no palmer duty than that rest
ing npon us as citizens TO foster feelings OF
reverence and respect for the Judiciary OF
lie State. We should be slow to condemn,
slow to criticise the conduct of those to
whom has been referred the settlement OF
ali disputes. No greater evil can befall a
people than for them to have or to think
they have a weak, or partizan, OF corrupt
Judiciary. The quick result of such an
evil is q reluctance to appeal to the Courts,
Il greater Willingness to seek redress by
private and violent means, to which men
are already too prone. But no matter how
strongly VIC may be impressed with these
views it is apparent TO us, as it must be to
every one, there may be times when II may
he both proper and necessary to condemn
in the severest terms the action of lndl-
viduals holding judicial positions, when
by their action. for instance, themselves or
their office must fall into contempt and dis
.epute. In such case the individual is
manifcstIy the proper subject for animal
version. In our opinion the Judges Of the
Supreme Court during the last pre5lden-
tial campaign presented Just this case
Ono or more Of them had taken All active
part in political matters, thing plainly
wrong in itself and unheard Of III North
Carolina from the Revolution to that time.
Was this to be submitted to in silence, and
the people thereby allowed to think they
had partizan Court, and that parizan dis
plays were in keeping with the dignity and
purity OF the judicial crmiue Ifso, fare
we'll to all respect and Veneratlon tor the
Court or for the Judges as expounders of
the law, is they would at once become be-
loved or hated simply as party leaders. -
Such course was not TO be thought of.
Who, then, so proper to give the cry OF
alarm who 50 proper TO warn both Court
and people of the danger as tho members
of the Bar, those same maligned lawyers,
whom all abuse, in whom all implicitly
confide, TO whom all fly III time of trouble;
that same class of men who, standing per-
petual sentincls upon the watch-towers,
have III all ages and III all countries been
tho first to raise the alarm when the rights
and liberties of the people were about to
he attacked ? Who so tit to be heard by
both Court and people as they who were
1T once officers of the Court and part of
the people ?
We believe, therefore, the members of
the Bar were the right men in the right
place, in their character as protesters, and
we can see nothing in their protest, either
IN manner or matter, untrue or unworthy,
or improper on SO solemn an occasion, to
he said to either Court or people. 1t
was possible not to have been expected
that men whose party badges and party
colors, not even their ample Judicial robes
conld cover, would allow such a protest
from such n source TO pass unnoticed. At
any rate, if such expectation was INDUCED
IN, the event, as our readers know, has not
justified it, for they have had placed be-
fore them the rule of court served upon
Mr. Moore, the first of the protesters. his
answer put in nnder oath and the decision
Of the Conrt.
We have RETAINED from expressing any
opinion in tbs matter until the decision
of the Court was made known. We deem
It to he our duty now, however, to say that
the more we reflect upon the action of
the Court, and the reasons given therefor,
the less we are satisfied Herewith. The
gist of the decision is that the protest is
inelous pape1, but that, as Mr.. Moore
swears he intended no contempt of Court
in signing and publishing it, he is excused
therefor by the Court. The Court de-
clares in many words that Mr.. Moore is
not acquitted, bat is excused. The learned
Chief Justice, delivering the opinion of the
Court, complains that the protest twas
drafted with all the adroitness of a skillful
lawyer" II this be indeed true Greek
has met Greek, and well met him too. The
Chief Justice says:
The only allegation OF fact on which this
solemn protest rests Is that the Judges, singIy
or en- 4ItGSSe did rush into the mad contest of
pontIcs under the excitement of drums and flags
~ LIZ this allegation OF fact true or is it false
ihere Is no pretence that it is true It is said
ms Is hgure OF speech suggested by something
that was expected to occur, but never did occur
80 the allegation of fact is false and the inference
drawn from IL is also false,
" In our Jud gment the paper is HbeIous and
doth tend to impair the respect due to tho an.
thority of the Court"
Is there nothing of the adroitness or n
skillful lawyer in seeming to consider the