Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-06-25

"Not only did we not anticipate it, bnt
I'VE thought it was impossible to be done in
our day. Manyof us have passed through
political times almost as excited as those
of to day; and most of US recently through
one more excited; but never before have
we seen the Judges OF the Supreme Court,
singly or en- naaSse moved from that be-
coming propriety so indispensable to Sc.
, cure the respect of the people, and, throw
I ling aside the ermine. rush into the mad
, lcontest of politics under the excitement of
drums and flags From the unerring les
sons Of the past We are assured, that a
Judge who openly and publicly displays
his party zeal, renders himself unfit to hold
1.-THE :: balance of JUSTICE and whenever an,
occasion may offer to serve his felIow-par-
titan, he will yield to the temptation and
the g wavering balance will shake
" 1t is a natural weakness in man, that
he who warmly and publicly identifies him
self with political party, will be tempted
to uphold The, party which upholds him,
and all experience teaches us that parti-
san Judge cannot BE safely trusted TO set
tie the great principles of q political con
stltntiOn, while he reads and studies the
book OF its laws under the banners of a
party. rr
! "UnnwilliDg that our silence should be
construed into az Indifference to the hu-
initiating spectacle now passing around us;
Influenced solely by a spirit of love and
veneratlon for the past purity, which has
distinguished the administration of the law
in our State, and animated by the hope
that the voice of the bar of North Carolina
will not be powerless to avert the PERM
cions example, which We have denounced,
and to repress its contag lous influence we
have under a sense of solemn duty sub
scribed and published this paper. III
"CSigned) 3. T. MOORE and Others
This paper is drafted with all the adroit-
ness Of a skillful lawyer; and, under cover
] IS of love and veneration for the past purity
which has distinguished the administration
of law in our State" aims deadly blow
at the Court to which that sacred trust is
no,c contided
Stripped of the gaudy dress by which it
is artfully disguised, it amounts to this \
Judge who openly and publicly displays
his political party zeal renders himself un-
fit to hold the ''balance Of justice - and
whenever an occasion may offer TO serve
his fellow-partisan he will yield to the
temptation and the wavering balance will
shake' r
Never before have We seen the Judges
of the Supreme Court, singly or en- nasse,
rush into the mad contest of politics under
the excitement Of drums and flags" there
fore the Supreme Court, which Is composed
of these Judges. is ''untit to hold the bal
ance of JUSTICE" and will, on occasion,
yield to temptation in favor of fellow
partiZan.
| If you hunt the head, or arm. or leg, or
limE, or member, or any part of the body,
you hurt the man. And the idea of an in
tention to injure the character of the JUS
tees, who compose the Supreme Court,
singly or en- nadSSe, without an intention to
injure the Court, is simply ridiculous.
The only allegation of fact on which this
solemn protest" rests is that 1.-THE Judges,
singly or en- naasse, did rush into the mad
contest of politics under the excitement of
drums and flags"
Is this allegation of fact true or is it
false ? There is no pretence that it is
true. It is said this is figure of speech,
suggested by something that was expected
to occur, but never did occur SO the allie
cation of fact is false, and the inference
drawn from it is also false.
In our judgment the paper is hbelloue,
and ''doth tend to impair the respect due
to the authority of the Court
Indeed, the learned counsel did not
press this point, and were content to take
the ground that there was no criminal in
tent.
Every man is presumed to intend the
natural consequence OF his act. If one
wilfully sets fire to his own house, which
is so near his neighbours house that if one
burns the other must burn also, and both
houses are burnt down, the man is guilty
of arson-the criminal intent is presumed.
So, in an Indictment for libel, this ground
would be untenabie, except on proof of in
sanity.
Iii. And for further answer this Re
spondent says that said paper was con-
ceived and prepared during the recent po-
litical canvass for the Presidency, and its
publication deferred until after the close
of the canvass to avoid its having the ap-
pearance of partisan document. He ad-
mits that his purpose was to express his
disapprobation of the conduct of ipdi-
viduals occupying high judicial stations,
yet as an act of justice to himself against
the charge made in the rule, he not only
disavows, in signing and publishing said
paper, any intention of committing a con-
tempt of the Supreme Court or of impair
ing the respect due to it's authority, but on
the contrary, he avows his motive to have
been to preserve the purity which had
ever distinguished the administration of
Justice by the Courts of this State
The learned Counsel then fell back on
the ground of distinction between an IN
(2ictnaent for libel and rule nisi to show
cause, and assumed, as a matter of law,
that in this case, the Respondent having,
OF oath, disavowed any intention Of corr
hitting Il contempt Of the Court, or of i'm
pairing the respect due to its authority, so
as to meet the words of the Rule, it must
be discharged. The authorities cited by
the learned counsel are conclusive. ?he
law is we'll settled in this class of cases,
achere the intention 10 in;nJ'e constitutes The
grdcdnaen.
| The Rule rests on sound reason. In this
proceeding as the Court is Judge in its own
case, iii the first instance, where a case is
made ont i'll the Judgment OF the Court,
the party in the last instance is allowed to
try himself. His Intention is locked within
his own breast, is known to himself alone,
and he is permitted TO purge himself by
his own avowal He cannot be convicted,
If he is innocent, as he may be dy false cpi-
dence before a jury. For ''the Court does
not try him, he tries himself" G. J.
Wilmot's Opinion, 257-S, referred to on
the trial of Judge Peck, 5o7. IF the party
after the Court decides against him, de-
clines to try himself, it must be because he
Anoocs himself to be gritty.
It affords every member of the Court