The news & observer., 1901-02-24
WINSTONS FINE SPEECH
Stirri lg JrtttL;atitn # fltJlt's
Side Of the Question,
NO ORDINARY MfRAcuON OF The LAW
III is Always the First EEcrOac h ~
Peoples Right That Grows Until it
Has Destroyed Popular
Goyernmf
6oVernn1f nj,

The first speaker at Friday afternoons
session was Mr.. Winston, of BERTHE.
He began by expressing regret at the
position he was compelled by duty to
take on this question. and spoke of his
opposition to the Norwood impeachment
two years ago. Touching that proceed
ing, he said;
The current of history will let you
know that two years ago when there
was brought to the bar of this House an
offending judge, ! found circumstances
that called for mercy. When we had
from his own hand and his own lips the
promise that the offending should cease.
the appeal for mercy found a responsive
beat in my breast; and today, If l could
catch the faintest echo of a penitent and
contrite heart, I should be among the first
to let mercy speak There is no promise
of reformation, no evidence OF regret for
the act.
Are we met here today with any cry
that excites sympathy or pity save that
of old age, which comes TO all men? On
the other hand We are met with facts
which declare that the constitution end
laws OF the State have been openly and
boldly violated. In defiance of the writ
ten law. this court has gone beyond the
limits of the Constitution and has taken
from the treasury funds around which the
most inviolable safeguards had been
thrown.
"The facts justify the conclusion that
from the decision of the White case in
May down to the mandamus in September,
there was a deliberate. a studied and a
carefully executed purpose to override
the law of the land Has that purpose
eliminated in fulfllment?'
He declared that this purpose had been
consummated and referred to the opposi-
tion offered to it by one member or the
court Judge Clark, and to the hitherto
uuheard Of action of his associates in
finally suppressing one of his opinions:
"A Judge whose clarion notes have
rung out on more than one occasion
strong and clear for the liberties of the
people. was denied the right of protest.
We are appealed to op the ground OF
high character. Their high character
shows the danger of longer allowing these
men to sit on the bench, If they are vio-
lating the law and the Constitution.
High character did not save the first
gave 6nightly grace to North Carolinians.
nor did it save many of the greatest and
best who have stood in violation Of the
law. reverence high character | never
attack it,
''If there is one thing that l do despisc
it's the miserable creature who does not
drink enough Of the pure air of heaven.
but has to take draughts of the fetid
=
stroy their characters.
THE fact that these men are men Of
exalted character makes it dangerous for
them &c sit longer on Tie bench wheu
the future has so much in store for us
and ours.
FIRST INSTANC Elm HISTORY.
Never before has the writ of manda-
mus been used to destroy the law but al
ways to uphold it.
~ repeat that this is the first time in
the history Of North Carolina that tho
strong arm Of her judges has been used
III destroying hef laws. If. forsocth, that
arm had been used in upholding the law
the presumption would have been in their
favor.
AS I understand it, impeachment is
the court of the people. 1t is the one
court the people have reserved to thcm-
selves. To nthe- courts ,hey have com
mitted the right to deal with property
and character, life and limb, but to them
selves The people nase reserved the l'ght
TO leal with unfaitatul officials.
I'VE are not trying these judges for any
ordinary infraction OF law We are try
ing them tor an offense on which rests
the very foundation of our government.
There is but one bar at which they can
be called to answer. If they are inno-
cent, give them a chance to answer: are
they guilty let them reap the harvest Of
1heir sowing.
My friend from Wake. (Mr. Sinms).
refers TO North Caroliua's conservatism
and proud history and to the fact that
she was last 10 enter the union lie
might have added that North Carolina has
alwavs been the last to surrender the
rights OF the people. And I want to say
right here, ii North Caroliuiaps had seen
her rights in the Union passing from her
as she sees them today, she would not III
1871 have become one OF the original
thirteen States. They did not hght AT
Kings Mountain and at Guilford Court
Continued On Page Three)