Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-07-02


by the protest to lie 10 the drums ana
and flags" Does not his Honor kno"
it was sunounced i'll the newspapers that
a public political partizan demonstration
or mass meeting would take place in fai'
eighth those same papers by means OF
which the Court declared they had legal
, cognizance of the protest. and that seVer"i
Judpes of the Supreme Court would take
, prominent parts therein, and lhat' too'
"under The excitement Of drums ana haSs'
and not one of these Judges thus dcslgna-
ted ever disavowed or denied the stare
ment 1t will not do to say they were not
loblieed to notice IL newspaper article, as
1.-The Court have declared Il newspaper pub
llication sufficient information for the Court
to act upon. Why did they not come to
that Raleigh Mass Meeting, us it was said
they would do. Were they sick, absent
from home, or did the trains break down.
The people know not, and like Mr.. Moore s
Intent in publishing the protest, their req
sons can be ascertained only upon oath OF
the parties themselves. Is there none OF
the adroitness of the skillful lawyer In ap-
pealing to the popular prejudice, that skill
full lawyers can and do make the worse ap-
pear the better reason, in denying by
linuendo the truth of a statement made I'M
der the sanction of an oath upon the Holy
Bible by a man to whom that very Court
profess to accord "high encomium for his
ability, legal learning, integrity, devotion
to the Constitution, unwavering love OF the
| Union, and hitherto a most consistent and
| influential supporter of the Judicial trl-
| bunals of his country"
Does it show nothing OF the a'iroitness OF
skillfnl lawyer to interpret the expression
to rush iuto .he mad contest of politics
under the excitement Of drums and flags )"
by the court to mean that the members of
the court had gone literally with drums
beating and flags flying, and by the vehe-
mence of the denial OF the incidental at
tempt to create in the public mind the i'm
preston that the principle had been denied
and that .'uo demonstrations of political
partizanship by the Judges of the Supreme
Court either with or without drums
and flags, had taken place. This kind OF
argument, if it may be SO called, shows be-
You'd cavil the adreitness of skiHfnl
lawyer in the learned Judge, when it is
remembered at what an opportune time
his letter advocating the election of Presi
dent Grant appeared during the last cam
paign, and to what an extent it was relied
upon by the Radical party in North Caro-
lima. Would it not have shown more of
the fairness of just judge and less of the
adroitness Of skillful lawyer if his Honor,
in stating "the only allegation of fact in
ing its truth, had stated it accurately and
truthfully, and had omitted no words ex-
planning and fixing the meaning Of that
"only allegation o. 1t requires not the
skill Of lawyer TO see that there is IL ma
terial variance iE the expression used 10y
the protesters and that put into their
mouths by the Court. The protcster5 say,
"bat. never before have We seen the
Judges of The Supreme Court, slngly or en-
nadSse, moved from that becoming pro
pect of the people, and, Mr0einy aside tie
crUailtc, rush into the mad contest Of poll
tics nnder the excitement of drums and
flags Why did his Honor omit tho words
"Mrowiag 0side The crnsine ~ Was it be-
cause the use of them showed so plainly /
the fguratiye character of the expression,
which his Honor chooses to call 1.-the only
allegation of fact" that there would have |
been palpably no ground to say $50 the
allegation of fact is false and the reference
drawn from it is also FALSE" and the Court
would have stood convicted OF the charge
laid to its door in the protest.
If it be, as the Court declares, that the
" only allegation Of fact y in the protest.
6 stripped of the gaudy dress by which it
is artfully disguised is not true, and that
it is not even pretended to be true, then is
Mr.. Moore guilty of contempt, and perjury
and libel, or is insane. TO say Mr.. Moore
is insane, OF that when lie signed and pub
lished the protest he did not know or in
tend the natural consequence of his act is,
in the language of the Court, ''simply ride
ulous." If, however, the allegation of
public demonstrations of political parti-
zanship by the Judges of the Supreme
Court" be true, as, indeed, it is, then the
protest is not libel, and it is the truth
and not MIR. Moore and his fellop-protest-
ers that has brought the Court into con-
tempt, and impaired the respect due the
authority thereof. Mr.. Moore must be in
dicted and convicted of libel before the
solemn protest of the Bar will be thought J.
devoid of truth, or members of the Court
free from blame.
Trucking,
WILMINGTON Il WELDON RAILROAD Co.,
OFFICE Grief ENGR & GENT SUP'T
WILMINGTON, June 25 1859.