The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-02-19

TEL nim- 20 Odck 10 your nome ano
rest in peace"
Mr.. Stabbs spoke an hour and made
a strong legal argument. as well as a
splendid speech. At its conclusion
crowded Hobbies and galleries broke out
in applause.
Mr.. Graham replied to Mr.. Stubs.
He said Chief Justice Pearson and
Judge Rodman had both written opin-
ions establishing the principle that the
supreme court had no power to issue
a mandamus to pay warrant forbidden
by the legislature.
On motion Of Mr.. Allen, the house at
2 o'clock adjourned to meet at 4 O'Clock
Discussion of the impeachment reso-
luton was resumed In the house at 4
o'clock.
Mr.. Sewell. of Moore county. favored
Impeachment, censure. or protest he
said. This is neither a question Of ex-
pediency nor a trial. Policy ceased
when the matter was introduced in the
house. The question of guilt is for the
senate. The old saying Thrice armed
is he who has his quarrel just" has
been changed by the judges into
Thrice armed is he who is of the
same political party as we are"
Mr.. Hood of Wayne. opposed i'm
parchment. He said 1t was a question
Of conscience. and unless we find these
judges acted corruptly We cannot I'M
der our oaths present them for high
crime or official turpltude. The SUI
Ur re court he's assumed extraordinary
power, but there are mitigating cir
tuMstances and we should give them
the benefit of every doubt. The inter-
ests of the state do not demand i'm
parchment. The people have not de-
manded it. They can pass IN it in the
elections next veal and elect other
men to succeed these Judges. NJ
Hood spoke feelingly of the high char
acter of Judge Faircloth.
Mr.. Baldwin, of Forsyth opposed i'm
parchment. He said these men have
been charged with a high crime. and
the evidence presented would not con-
vict the humblest citizen of a misde-
meanor. Not a single lawyer of tn
fOrty-ive here is qualified to pass upon
a decision of the supreme court, and
here you provide for 120 men, most of
them unskilled in the law. to overturn
the decision of the supreme court, pan
ish and disgrace it's officers. If they
mad a mistake they can hide behind
the cloak of the law and say we MAD
IN honest mistake. l will vote to i'm
peach these men if YOU will show me
hat a corrupt dollar ever entered
their pockets or motive their heads. If
these men are guilty. Judge Starbuck
is guilty. My people do not want t.
thing done / shall vote against it.
Mr.. Green, OF Wilkes. said he had con-
sidered the matter in all its bearings
and there were circumstances in the
case that ought to be explained. The
judges had best be given an opportuni-
t yto do so at the Sar Of the senate. ]
have known Judge Furches all my life
and honor him greatly. but his conduct
in this matter has so shaken my faith
in him that [ want him to have a
n moo tn a1nnr hirocn1f Tho onrcri+r,
ton of my state has been overridden
and the will of the legislature ruth
lessly subverted. Was it don corrupt
ly, from partisan or other motives? 1t
looks so.
Mr.. Connor said this was no place to
make appeals for mercy. He occupied
a different position from Others on the
foo AS a member of the sub-com-
mittee he went as far as he could go
and a to part with his friends. He
was not embarrassed at all al this po-
Sition and had no apology to make. No
one here questions the real honesty of
Judge Furches. 1t has been inferred
that the note sent Clerk Kenan by
Furches was-intended to place the
clerk in a false position and shield him
self. 1 am satisfied. in the light of re-
cent information that Judge Furches
honestly thought Kenan had prepared
the writ, since it was typewriter. I
believe the conclusion the committee
came to is correct. The in
which this order was issued was not
judicial and was unidentified. I have
no words of excus for it. 1 was as
t%onished, aggrieved when 1 became
satisfied Of it.. 1 do not desire to re-
cede from one word of the report of
the subcommittee: but because we
have embarked in these proceedings is
no reason we should not turn back.
We certainly can and should follow the
dictates Of judgment. or we cease to be
safe in business or other matters. We
do not sit as a grand jury. The court
Of impeachment is one to which "
should not resort except in extreme
cases. The question with us should
be: Is there an o~verruling necessity or
demand for Impeachment proceedings?
Is it wise, in the absence of this neces-
sity Or demand to continue the course
we have pursued? In 1870 when the
chief justice refused a writ of habeas
corpus the succeeding legislature Sc
riously discussed his Impeachment, but
wise men of hat day thought it wisest
not to impeach the chief justice, and
subsequent events SHOWED their wis
dom. Were I sitting in the senat
with this ase on trial before me L
as to my duty. In this house /
do listen to advice and counsel Of
wise men of my state. n many of
them have written me and impressed
me. May we not make a mistake to
follow his matter further? Is it neces-
sary to say that North Carolina is the
only state in the union that has i'm
peached it's chief justice and another
member of its highest court? When
Chief Justice Pearson died and his
whole judicial record was investigated
men pronounced eulogies on his life
who in 1870 were clamoring to drive
him from the judgment sea Let us
pause. Let not our fears for the integ-
rity of the immortal constitutional
amendment lead us into doing that
which otherwise we would not have
done. Those who differ with me have
pursued the course they have from a
high sense of duty and the same sense
Of duty has dictated my position.
Mr.. Connor spoke an hour and g half
and az his conclusion at 6:45 o'clock the
house adjourned until 10 o'clock to-
morrow.
a steamship clears from New Orleans
for Cape Town with 600 muleS