Wilmington journal., 1872-01-19
~~- j rom the Raleigh Sentinel
ME'EA<EEIEESE OF JEDGE LOGAN.
EseHn:srl&S Of VIZ. Robinson. of Macon.
iu the House ef Representatives.
January St1a. IS74.r s--

81
cal district, \. g., Mr. Robinson said
htR. SPEAKEE: After 50 much has been
said, and Imight say, 50 well sail on the
Important question now pending before the
House, i feel like asking pardon Of my
friends for the brief ucSpaSS | propose To
make onthcir time.
1T is my purpose i'll the first place, to no
tice briefly the history of the petition intro
duccd by the distinguished member from
Mecklcnburg, (Mr. WarinS)sits reference
to.tho select committee, and the action of
that committee. In the second place, to
notice the character of the charge contained
in the petition and contrast it with the
charges against AID crimes committed by
other judicial officers Of the State. In the
conclusion Of my remarks, | will notice the
reasons that will influence MY action out
side Of the seeming dictates of duty or rath-
Ell the weight or Importance which l think
Should be given To the questions Of consis-
tcncy and policy.
A petition is presented signed by (3S)
tbrty-cisht membcIs OF the bar, of both
political parties, Of the 9th judicial district
and | take it for granted they arc gentle
man of high standing, ornaments to their
protession-a profession, sir, which think
neXtto the clergy, shoHlI be adorned by
men Of the purest and most spotless char
acter-0l Imbcndipg and unblemjshed in
tcgrity. This petition is referred with the
resolution under consideration to IA fairly
constitution committee, who after taking
the testimony Of more than a half dozen
gentlemen Of the legal profession, Of both
parties-do what ? Report back the reso-
luton with unanimous recommendation
that it pass Net at all, sir. They SIM
ply report the whole matter back to the
House, testimony and all, and make no re-
rommcndation whatever. a.
= This action Oil The part OF ii nIIOrity Of
tina committee is, to my mind, tanta-
mount to tskinG usto take no further no
ticc Of the matter at all. But it seems this
Is not satisfactory TO my friend from Meek
ienburG, and the people Of thc gallant
county he 50 Wen CnrescntS-(and where,
Mr.. Speaker, is the North CarOlinian who
does not share in his pride and affection for
that county which is cilalHined i'll history
With its gallant men and glorious deeds y
and We are asked to impcach, not for
high crimes ana misdemeanors in office"
but for incOmpctency alone, the Judge of
the 9th judicial district.
Now, 5ir, take it foT granted Ihat tic
reading public OF North Carolina, and Ger
tainly the members Of this House. are fa-
milan with most OF the important events
that occurred during Gov. IIoldenS crusade
against the liberties OF the people Of this
State during the summer Of 1870. Let It's
briefly rccrr to some Of them. While We
have several Instances OF judicial apostacy
and tracking To despotisln, during that
short reign Cf terror ia Almnance ami
CaSWclL it will lie sufficient for my ptlr-
pose in this connection to take the case OF
Hon. II. NJ. Pearson. Chief Justice of the
Supreme Court, lie beng the highest judi
clad officer ana at th3 same time the great
cot judicial criminal. perhaps since the days
of Jeti1rys. lie was applied to by \. O..
Moore and others, for Il writ OF h0bCH8 cor
j',ts directed TO Geo. W. Kirk, which was
granted; the process was served. and Kirk
makes for answer 10 the Chief Justices
great writ of right HAT Ibis papers have
played otits Docs he attach 1or contempt
ana bring the man before hilA ? NO. He
has Coy. Graham, Gov. Dfag2., Judge Bat
tie. Judge McrimOn. and Hon. l.. +. Moore
and ether distinguished lawyers to argue
the question 1T lIn9ih before Linn as to
whether he, Kirk, " as guilty OF any con-
tempt. and then diSregarding all precedent
goes outside Of the question, aud by eOl~ca
po3dtnvc makes Gov. Holden a party to
the suit, and concludes by declaring ''hc
cannot attach co-Mdinatr branch OF the
government" Here, sir, i, the highest
judicial officer Of the State iDeulicd and spit
upon iii his official capacity in time Of
profound peace IL Il petty satFap. who
styled himself ''C"l. Of \. G.. State Troops"
The man above al others who was expected
to protect, ia Tie last resort the lives and
liberties Of the hjlmn!@St rs well rs the most
exalted Of orr citizens. the sentnels on the
watch tower Of liberty. cowarGly suriendcrs
at the first assault and gives up tic citadel
t. the cncHy.
From that moment the acts ct' the Mill
tary GcSpOtS, arc the acts Of Judge Pearson;
Wiley, Of CasWcll, hv knocking him on the
head with Il fence rail, f;.ttcTcd lis limbs
! and carried him twelve miles t. the Court
! hoUse, where military court martial was
= to shoot him. 1t WAS the Chief Justice
hands. (though not bodily presently that tied
the halter about the nccks Of Rogers, Pat
ton, and Murray. 'Twas'thc voice Of Chic
Justice Pearson That spoke TO Kirk (whcT
he said lie could HOT attach for Contempt,
and toll him 10 pvt the irons on Whecdon
to incarcrIatn Josiah Turner in a ttlon':
cell: to draG john Kerr, Samuel i. Hill. Mr.
BoWc aHd scores Of others from their home;
and place them III prison, uotWitilst amdihg
the constitution which he lad sworn tC
support, said, N" ltr;H,l ought 10 be IA
ken, imprisoned or GiSScizcd OF his fIeciOId
lbcitirs= OF privileges. oT-nulllwed or ex
lied, or III any manner deprived Of his life
liberty or property, but by thc law Of tht
land" see II, J}ll of Rights. And nov
the question arises. did the legal profession
! Of \. {. rise in their indignation and de
nand the iMrea3mnent Ofthis officer? No
at all. Did tliS House have the nciS2 t
put him on trial? ? Let the history Of tht
resolution, introduced hy my friend from
Person, Air. Jordan, answer the question
But still they cla!n0r for Logan impeach
merit, because, after four ycalo' Trial, the,
have just now discovered he is s'nientail,
incompetent" Th"r: i, nothing develope,
by the testimony taken, to show that Judg
Logan is less qualified to discLarg
the duties OF his office now, than Whel
IS 'cfectedtJur years ago. On the contrary
the testimony proves that his mental facul
ties are net impaired. Tie point has bee
made, and with force, that the ''meu;a
incomrctency," which, by the statute c
1SGS-,69, Is ground tor Impeachment, car
not apply to the acquisition Of legal know
ledge. Here is a man chosen by the peopl
of the State to fill the position of Judge, II
was then, as he is now in.the enjoyment {
all the faculties that his Creator endowe
him with. He has now the same force {
character and intellect that secured hi
license from oar Supreme Court in til
better days OF North Carolina, and tllf
pointed him out TO his pcOplcas the prope
man to represent them before and since tb
war in the General Assembly, and dlniu
The warm the Confederate Congress.
: is not pretended tItat since MS election h
intellectual powers have been llieli1ed {
, mental incoInpetcncy produced by The IA
/ Of God. The whole question is a matte
I for speculation, and suggests-to lis stron:
: " the Importance of taking no lHIrrie
! steps, for when the matter is before IL
: court of impea : Tnent we must prove
t The court v'-'..,r. arge. Now there is
l point Of 90 f.; .-, ish to make iu!