The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-02-16

! from her as She sees them today she
would not in 1871 have become one of
the original thirteen States They did
not fight ut Kings Mountain and Gull
ford Court House for that. They were
not made OF that sort of stuff"
The method of trial in impeachment
! eases was explained-hoW the case orig
mates in one branch Of the General AS
sembly and is tried in the other. Com
| menting on this method of procedure.
| Mr. Winston said
The people are just. They are honest.
| While providing for the trial of unfaith-
full officers, they have fixed a just and
a fair method of trial. And when we go
back to our people they will demand of
us why we have not brought these men.
whom all acknowledge to have done
wrong ana violated the constitution
why we have not brought these men to
trial at the place the people have Sc
| lected.'
Most eloquently, even thrilling did Mr.,
| Winston. recall the past few momentous
| Political campaign in North Carolina.
| lie added:
IN this last campaign the people set
| lied great question and they have de-
! creed that II shall remain settled.
but we are reaching Il point at which
| even the people cannot act for themselves.
In every hamlet, by every mountain
| stream in mansion and in howell the ques-
ton today is being asked shall this funda-
| mental principle decided III this great
| contest be handed down as a heritage to
| posrerity.
when the last Legislature adjourned
| when the campaign waxed warm, when
| the result OF it was known ali along
there was a tacit understanding that
the people wOald brook no infringement
upon their constitutional rights yet that
very thing and during that very time,
these judges have dared to do.
Few gentlemen stand upon this floor
ana say that these judges have not VIC
lated the constitution, much less the
statute law. If they have done this, who
will stand upon this floor and say that
they viii not destroy every other de-
partment Of government that stands in
their way Shall we cast into the chasm
this act Of the past and have no care
for the future. tell you every man in
this House, every man in North Carolina.
While not responsible for the past, is
responsible for the future as it dates from
this hour. IN the presence of our consti-
tuition which has been torn to shreds the
people demand that the yioators o. it be
called to account in tho way they have
selected.
Il know that upon 4 free and untram
melCd judiciary depends the peoples
rights. Yet an unbridled judiciary means
the destruction of those rights. 1t was
against such doctrine that the Mecklen-
burg declaration was passed; it was
against it that the intelligent, the de-
cent people of the State have only re-
Gently declared ia thunder tones at the
ballot box
The gentleman from Forsyth asked yes
terday If We were impeaching these judges
because they did not decide case as
We wanted it decided
Il say this proceeding is begun because
these judges have Written an opinion
against law and violated the constitution,
which opinions We're based on law and
bounded by The constitution.
This is a serious question, a momen
tous question: question that will rise
again, but it is a question that we may
not be able to deal with when it does
rise.
Have The rights of The reopic been VIC
lated? No man has risen on this floor
aud denied it. Has the fundamental! law
been set at naught. All admit it? Have
these men cver-riden ana dehed the law?
a committee composed CT five Of the best
men in this house and among The ablest
lawy"rs4n this State have said so. 1t is
always the first encroachment on the peo-
pies right that grows until it de
stroys popular government. Like the
crevice in the bank it deepens and widens
until the flood with death and destruc-
ton sweeps the valley.
els th.5 not the last stand that we are
TO make for the people? Is this not the
hour that we are TO fight for all that we
hold dearest? Is this not the time TO
rebuke an infraction Of law that may have
consequences that we know not of. In
many home, in many q heart through
out North Carolina there today beats
the hope ana goes up the prayer that
this General Assembly will not leave un-
rebuked the action of these judges who
have started the entering wedge that
may take from them somc OF their dear
est bought liberties.
and for this violation of law and tram
bling upon the constitution admitted
by all aud condemned by everyone, in the
name Of the masses who can not speak in
his matter save through US and in the
name OF the sovereign people of BERTHE
county, whose commission / bear, l shall
vote aye on the original resolution and
let these judges answer at the bar set
up by the people and made such dcfences
IS the law allows"
MR. ZACHARY FOR THE RESOLUTION.
Mr.. Zachary of Pennsylvania, followed
Mr.. winston He spoke in part as fol-
lows:
Il must confess that l have not the
degree of sympathy that great many
sem to have. | say the matter is a
serious che only SO far as it would be
serious in The case OF any citizen of North
Carolina l feel i my duty to stand here
anu ask that the penalty for violation Of
The law be meted out TO all, high or low.
1t is argued here very forcibly that this
Legislature should proceed to offer only
its protest against the action Of these
Judges | ask if the Legislature has come
down to nothing but meeting OF pro-
test. If that is the case, why did we
net simply meet here on January eth to
draw up protest against all crimes
that might be committed, and then go