The Caucasian. (Clinton, N.C.) 188?-1913, 1901-03-28
TRIAL OF THE JUDGES.
Continued from Second Page. !

IL on the ground that Holden Was
politically opposed to him--then 60
and tear down his picture in the
House Of Representatives, for II has
no business there.
would sooner think Ii were. this
way If If any application were made
TO Vance, that he replied: 81 can
not take the employment because /
am Senst or-elect from North Caro-
lima, and il would not accord with
my idea Of propriety that l should
engage as an attorney in this State
trial" The remark by the gentle
man from Buncombe was intended
TO discredit Democratic lawyers who
would represent the impcachsd
judges OH this trial, or 1t didn't
mean anything. Vance certainly
didn't have that view for a few
years atterward when Governor of
the State he appointed the leading
attorney for the defence Of Holden,
w. y. II. Smith Chief Justice OF
North Carolina.
My friend, Major Guthrie, talked
about the fusion crowd swarming
here and lobbying and hollering and
crying for Office. There may be
many tragic and spectacular things
in this trial, but this Ii the comedy
feature. My friend voted to bring
that crowd here and he accepted Of
flee from them. He was their nomi-
nee for Governor. He helped bring
that horde Of office-seekers here.
Now he comes here and asks you to
impeach these judges because they
did not allow them to go in office.
1t is so, and everlastingly so, and
you know it.
Mr.. Watson said that HOke VS..
Henderson is the law, but that the
judges have extended it too far.
Major Guthrie says it was the law,
but the Constitution as amended has
nullified 1t. l will show that this
argument is the most absurd that
was ever advanced by a man who
had license to practice law. The
only difference between the power
Of the General Assembly under the
Constitution of North Carolina be-
fore 1858 and the Constitution since
1858 was that before that time the
General Assembly could do any
thing except that which was pro-
hibited by the Constitution. And
since that time it has only such
powers as are delegated by the Con-
stitution, and those not delegated
are reserved by the people. Not
reserved by the people to be exer-
cised by the next General Assembly,
as Major Guthrie commended, is its
true intent and meaning. But the
only efficient expression of power
reserved to the people is by consti-
tutional convention, or the other
method for amending the Constitu-
ton. And it had no effect upon the
principle involved in Hoke VS.. Hen
dersOn.
wish that some one were au-
thorized to assure you that the con
sentative, thoughtful people of the
State have determined that we have
gone as far in revolutionary meas
ures as we shall 60, and that no plea
of political necessity shall lead us
one step further.
Capt. Cook cited the opinion of
Clark VS.. Stanley in which the
d ctrine of Hoke vs.. Henderson was
relied on. This was an Office hold
ing case. 1t was written since the
constitution was anulled in 1868,
and neither Judge Clark nor Judge
Montgomery wrote the opinion. It
was written in 1878. Capt. Cook
called it specially to the attention
of Maj. Guthrie. Continuing, he
said:
1t is strange how the gentleman
who preceded me should be so igno-
rant of the Jurisprudence of his own
State. He says there is no claim
against the Auditor and Treasurer
that is not claim against the State.
A subject cannot sue his sovereign.
So that North Carolina, following
INnnfirvnI