Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-09-09
Governor Holden.

Il
! dying man, it is hard for him to realize
that his last moment is so near at hand.
Although his condition has been SO long
perfectly desperate; even though he feels
the clammy clutch of the grim monster, he
is astonished. and hopes still to prolong
his wretched existence. In spite of the
/ overwhelming rebuke administered to him
in the late election; in spite of the check
given him by Judge Brooks, Governor
Holden persists in his purpose to over
throw The Law and 10 usurp oil power in
North Carolina -r- tr e.il t..f
But Governor Holden was net alone IN
his viIlainy Chief Justice Pearson, anvil
ling tool and wilEAg accomplish, played
his part until, as has been stated, he was
overcome by drunkenness upon the bench.
when he retired to his home at Richmond
Hill. Next came those precocious, juve
nile judicial neophytes, Messrs Settle
and Dick, who, to bolster up a per-
iured Estates Witness" gravely assert
that their experience as Judge had
never known a witness, under similar cir
cumstances, to sustain himself better.
The value of this experience, and OF the
assertion based upon It, will be duly ap-
preciated when it is remembered that
these men were put upon the bench only
two years ago by a single leap from the
bar, and, further, that, before the Supreme
Court, witnesses are never orally examln-
ed. In view of these facts, if the occa-
sion were not so serious, the assurance Of
their Honors would be refreshing.
But the Chief Justice retires from the
stage and Messrs. Settle and Dick are left
alone in their glory. Straightway the
Governor makes another forward move
mcnt of such a character, that no man
with reputation for respectable know
ledge of law, could openly sanction it.
This step was neither more nor less than
to obtain from the Justices of the Supreme
Court an official declaration of the free
dom of the Governor from all control or
restraint, until the assembling of the next
Legislature. These two wise men came to
time at once, and consulting their expert
ence CT two years ''as Judges" gravely de-
clare that ga aUar9'ant cannot issue against
a court Of impeachment being the proper
poaUer for the abuse Of Executive authority. :"
This would be doubtless very convent
emit construction of the law for His Excel
Iency, 10 case by ''any abuse Of Executive
authority" an innocent citizen should be
killed, as the Constitution provides that.
s'the Judgment in =, case, Of conviction on
impeachment shall not extend beyond re-
moval from, and disqualification to hold,
Office in. the .State.Y This would be COM
yenient, We say, because fh shch case Gov
ernor Holden would escape hanging
the law at least. f0u2g 3EL
Fortunately, however, for the people of
North Carolina, such is not the law. The
Court of Impeachment does not possess
sole, exclusive jurisdiction, over excess
and abuse of authority by the Governor.
He is amenable toHthe common law ofJthe
land just as much as the humblest citizen
of the State. The Constitution expressly
declares that even after impeachment ''the
party shall be liable to indictment and
punishment according to law" If it were
not for the yastS'expefience as judges"
of Messrs Settle and Dick we would re
specially commend to their attentive Pc
rusal document commonly known as the
Constitution of North Carolina.
Having performed their part SO much to
the Governors satisfaction, We presume
these two young men will now be relievs d
from duty, with, doubtless, unfeigned re-
gret on the part of all interested, that there
are no more places on the Code Commits
sion to fill. There is indeed already s. an
other Richmond in the field" Tho tele-
graph of yesterday informed US that Judge
Bond. of Maryland, who, in response to
the request of Governor Holden, had come
to Raleigh, had issued writ of HabeQS
Corpus for the brute Bergen, so-called
Lieutenant Colonel of ,Holden's State
troops, then in confnement in Wake coun-
ty jail by order of Judge Brooks. Our
readers will remember this same Judge
Bond as the man who figured so extensive
~ in the contest for the Maroyalty Of Bal
timore few years ago-the contest assum-
ing such proportions and violence that
Andrew Johnson, then President, sent
Gen. Grant to Baltimore as sort of Com
missioner to bring about amicable rela-
tions between the parties
When it is remembered that the course
of Judge Bond on that occasion was vio-
lently radical, it viii not be uncharitable
to suppose that his recent elevation to the
Bench of the Supreme Court of the United
States was his reward for the services then
rendered, and that his selection by Gov
ernor Holden for the work now to be done
in North Carolina, is owing TO his known
experience in perverting the law and judi
ciaI position TO partisan purposes. - j.;
But il is said to be the habit OF good