Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1871-05-05
Judge Russell.

Judge Russell
Wepublish this morning, at considerable
! length, extracts from the testimony OF
this public funotionary, before the Outrage
Committee at Washington City, that onl
r9aders may 500 the representations he
makes Us to Me condition of affairs in oul
own State.
We have had occasion moro than once
end specially III reference to the late trou-
bIes in North Ca~olina, to speak not IN
kindly CT Judge Russell. Feeling assured
that those troubles, at least in the central
portion OF the State, arose from the want
of confidence Justly created by the conduct,
judicial aud otherwise, of Judge Tourgee,
We went so far as TO suggest an exchange
OF circuits between Judge Toucgee and
Judge Russell, as a remedy that would re-
store to healthy condition The disordered
state of affairs then and there prevailing.
We did this because we thought Judge
Russell, though too young and inexpe
rienced, too little learned in the law to
make an able Judge. had shown by his
withdrawal from active participation in
partisan strife, that he had a correct ap-
probation of judicial propriety, and be-
cause We thought that having been born
and reared in the State, and that being
identified in blood and affection, as we'll as
in interest, with the people upon whom all
hope of future prefermept and reputation
depend, be- would at least be a faithful
and unbiased Judge.
We knew that it was not to be expected
that the legal opinions and judicial utter
ance of mere youth, even if he possessed
strong natural abilities, whose whole span
of life had barely exceeded twenty brief
summers, should be equal to those of a
Rufin Or Badger, but we did have hope
that youth and inexperience would be 10
bar to a faithful, bold and Jealous dis
charge of the duties OF bis high office
We hoped ha was so Well satisfied, thai
to d" act woll his part IA judge was the
surest road to honor and preferment, that
for this, if for no other reason, he would
refuse utterly to drag the judicial ermine
in the political mire in which his party
friends were foundering.
of John Pool.
The spectacle Of native son of Caro-
lima unblushingly maligning, traducing and
glandering our good old State, had not
then made US realize fully the fact that
continued utilization with the radical party
was utterly inconsistent with proper feel
ing and proper conduct.
We have been disappointed liz Judge
Russell. After reading the sworn state
ments made before the Outrage Committee,
we feel sure our readers will agree with
us that he has not come up to the
full measure of his duty as sworn Consar-
vator of the Peace.
II is not our purpose to enquire into
the cause of this failure to perform his
manifest duty. further than to recall to
the recollection of our readers that on yes
terday we published a letter from the
Judge disclaiming IS any special fear " in
the premises. Our only purpose now is to
inquire whether or not the Judge has, up
on his own showing, been vigilant in TAX
ing proper precautionary measures to pre-
serve tho peace, or has been active Ia t *
ing proper eteps to cecure the detection
and punishment Of the violators thereof,
and in this enquiry it is material to bear in
mind that the Judge does not entertain
" any special fear This fact would seem
to have fitted him peculiarly for tao posi-
ton he occupied and ought to have ren-
dered his duty al easy one. There might |
be some palliation for failure to perform
duty Oh the part of oflicerc who lived |
under the reign Of terror that his
Honor swears existed, and who were
oognizant of the want of securi-
~ for life aad liberty and property that
attached to an avowal of union proclivities
Or partially for the Federal Govern
nent. Even now it seems to US His Honor
will be derelict in leaving the Bench,
possibility to which he alIudes, for tie rea-
ION that ne is SO we'll fitted to calm the
rOubleQ sea of discomfort, OF rather to
destroy that reign Of terror that, accord
ng to His Honor, still existed at the time
le made his sworn statement.
IF His Honor be correct in his sworn
opinion that the state of things he
estifed to still e<isted. was "iust as
'ad now as it ever was" il is high
ime to put an end to this carnival of crime, )
nd We are indeed fortunate in having in .
he person of the highest judicial function
ry in the District an officer who is n OF /, s
nder ''any special fear" In this view {
f the case it wopld seem to be his plain |
uty to remain upon the bench, for the
eason that his SUCCESSOR may not be So