Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1872-03-29
gOOr EcarSOn.

Poor Pearson.
Poor Pearson has come TO grief again.
Bad luck still attends him. Not a week
ago it became Our duty as truthful chroni-
CicrS OF passing events, to put upon record
the result of the conflict between him and
Judge Watts. As our readers know
. Greasy sam" with some assistance from
the legal luminarics of the Count at Wash
ingtOn City, pushed our little Chief Justice
to the wall. That was bad enough, i'll all
conscience, though the defeat was relieved
of some Of its sting by the fact that it was
brought about 10y Federal Intervention.
We are satisfied that our Chief Justice is
too intensely loyal not to submit in silence
to any act ofFedcral interference III State af-
fairs. But our Chief Justice has had more
bad luck. lie has again been Over-ruled,
and this time without the cOnsolinS reflec-
ton that it took the Federal Government
to do it. 1t came about in this wise
Governor Caldw ell, relying upon the
opinion of the Court, as declared in the
case Of Clark rs. Stanley, appointed Com
mosioners to take charge of the Asylums
and the Penitentiary. The parties i'll
charge Of these institutions, by authority Of
the Legislature, refused to surrender the
trusts cOnfided to them. The Governor, in
stead Of reSouing to the ordinary process
of law i'll the Courts, attempted to force
them to surrender by starving the inmates.
This proceeding, rather Il novel one,
whether considered as punishment Of the
Trustees and Directors for holding over, as
discipline for conVicts, as new cure for
insanity, or as an advanced method Of inn
parting instruction to the Deaf and Dumb
and the Blind, raised perfect storm Of in
dignatiOn through ont the State, before
which the Governor and his party found it
impossible to stand. Accordingly, after al
lowing the convicts to remain on half Ia
ti0ns for some days, and Il public meeting
Of the citizens of Raleigh having been call
ed to take precautions against the dangers
to be apprehended in case three hundred
fanished Wretches, after OYer-pOwering
their guard, should escape from their con-
finement, we find that the Governors
= Commissioners " sent four days rations
to the Penitentiary, with information that
they will continue to furnish supplies until
the pending differences are adjusted.
BY tine same mail came to hand the Raj
eigh Era, with near column and half of
editorial, excusing the Governors conduct.
Clark VS.. Stanley, of course, furnishes the
staple of the defence, and yet, strange to
say, in order to make that defence effective,
it becomes necessary to set aside the plain
declaration of the Court i'll that very case.
Caldwelrs defence requiring it, the Ew
"goes for" Pearson boldly, as follows;
" The same section Of the Constitution
which prohibits the General Assembly
from creating an office and then filing it
authorizes and requires the Governor, by
and With the advice and consent Of the
Senate, to nominate all officers whose ap-
poiutmcntS are not otherwise provided for.
BY subsequent statute the Governor is
authorized to till all vacancies that may
happen in the Boards aforesaid without the
advice and consent OF the Senate. This
statute brings the appointments by the Gov
ernor within the exception, "Iirless other
wise provided for and they may be made
without the consent of the Senate. 1t is
true that the Court, in the opinion in the
case Of Clark and Stanley, say, that the eX-
preston, = unless otherwise provided for :"
means unless otherwise provided tor in
this Constitution This, however, is Cb-
tier dicittR, not necessary to the decision
in that case, not decided i'll the case, and
altogether untenable. To abide by decis-
ions has become a maxim in our jurispru-
dence, but no ono has ever claimed that
OJicr diciu are binding as law"
- fnr I,0
author of the ''Davidson Letters " thus to
sour on poor Pearson. ObUcr dictG
tie on you, IIanes, for calling so well
considered an opinion Of the Supreme
Court Of North Carolina by such hard
names.
O5Iej' dicta, indeed Is ii possible you
have forgotten how long the Court was in
labor before It was delivered Of that opin-
ion that il was only after weeks and
months OF incubation that it could be in
duced to "mal1c an effort, y and that it was
ONLY after al the Legislative doctors had
given it up in disgust and had gone home,
that the new law was brought to light
Obfcr d;cia indeed you ought to be
ashamed of yourself, Mr.. llancs. We eX-
pect next TO hear you say I0rt"fiant
}aOHfes ct ruscit,iY ridiclllts mas And
this is done without the least semi
blance of being supported by even a
threat of Federal interference Neither
Carrow nor Hester, not even Star
buck appears as voucher for Hanes. I'm
aided and alone he attacks and demOlishes
the five Judges of the Supreme Court OF
I North Carolina. Poor Pearson! We grieve
! for thee, and offer the only consolation in
our power-a few words from Shakespeare.
If anybody can console you Shakespeare is
the m-tn
! Farewell, d long farewell to ali my greatness !;
4 This is the state OF man To-day he puts forth
! The tender leaves of hope; tomorrow blossoms,
! And bears his blushing honOrs thick upon him !;
The third day comes frost, killing frost;
| And when he thinks, good easy man, full surely
. His greatness is ripening,-nips his root,
/ And then he falls as | do. ] have ventGr'd
, Like little wanton boys that swim on bladderS,
| This many summers in sea of glory;
! But far beyond my depth-my high blown pride
/ At length broke under me; and now has left me,
Weary, and old with service, to the mercy
/ of q rude stream, that must forever hide me. "
SINCE Pearson has been employed in
garnishing the dry crudities Of Judicial