The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-03
SMITHS TELLING SPEECH
His Highest Duty is to His People
and to His State.
GROSS VIOLATION OF JUDICIAL PROPERTY
II unnoticed May Become Precedent For Fu'
ture Writs OF Like Nature. Defines the
0ffense Of Judges furchps
and DouaIac
and Douglas.

On FRIDAY, feDfuafy 10, Representa- Il
tive l.. l.. Smith, of Gates, speaking in
favor of the impeachment Of Judges Fur
strong argument:
Mr.. Speaker A serious and perpleX-
ing question confronts US: and we must
meet il in the exercise of our highest
sense of duty. 1t is a question, involving
a principle as broad as the State; as deep
and fundamental as the constitution and
as high as the loftiest peaks upon which
the sun light OF liberty ever shOne
But this matter must be settled by TIE
individual conscience of every member
OF this House. aud l do not believe that
the motive that prompts the vote of any
gentleman will be questioned.
The principle involved is the protection
Of the rights Of the sovereign people of
North Carolina; and in the con3idera ton
of a matter of such grave import, ! know
that il l should fail either TO appreciate
what is due. in right and justice, 10 the
distinguished gentlemen whose interests
are involved: or on the other hand IL I
shculd fail to measure mp 10 the high re-
sponsibiities of my position as a Repre-
sentative CT the people. then, in either
event. I would be unworthy TO occupy the
.1lace where / now stand.
| have therefore honestly endeavored
to find out my duty III this matter; and
while | do not beg any man to vote with
me, still ! desire TO give some reasons
that prompted me to take the position ]
iiow hold. | promised the committee that
a. soon as | was satisfied as TO my duty
would not hesitate TO declare it, and
TO take my share OF the responsible Of
any course that my convictions might de-
termne. While | then believed that the
judges concerned were liable to iInpeach
inent still | was disposed TO vote against
impeachment e | could do so without
doing violence TO my sense of duty. | then
stated thct if | could be satisfied in my
own Judgment as / knew the gentlemen
from Wilson Judge Connor) was salts
fed, ! would support his resolution which
he now offers rs n substi.1te, and the ef
feet of which is to publish to the world
and to inscribe unon the solemn reooris
of this General Assembly that these two
Judges have openly aud wilfully violated
the Constitution and laws of the State.
but which neither offers nor suggests any
redress for this fragrant violation OF the
rights of the people
| cannot defend such inconsistency.
cannot occupy such an illogical position.
For il that resolution is true, as Il seems
10 be. then follows upon It, with logical
certainty this conclusion: Therefore,
they ought to be impeached, for high
crimes and misdemeanors in office.
/ do not know why it is that ! differ
Just at this point with the gentleman
rom Wilson (Judee Connor) and with the
gentlemen from Wake (Mr. Simns.) For
We all honestly endeavorcd TO reach the
same conclusion. 1t NAV be that they
are hettar M heart than ] am, or it may
he that | am more sensitive in regard to
the inherent and constitutional rights of
The peoole. | have striyen 10 get all the
light | could bearing upon the subject i'll
lIder that / might find a way of eScaDe
rrem the stern necessity Of voting for the
original resolution; but che harder |
strove. the heavier seemed the weight OF
responsibility resting upon me; and l shall
therefore no longer shrink from this un-
pleasant duty.
The gentleman from Wake said that in
he history of North Carolina there never
has been an impeachment Of a Justice
Of the Supreme Court. But | am Inform
ed that awav back in Colonial days the
General Assembly were about TO impeach
a certain Supreme Court Judge and the
friendship of the Governor at that time.
was the cnly thing that saved him.
In that day the people were not indif-
ferent as to their rights. and most as
suredly would have impeached that Judge,
but for the circumstances ttat permitted
him 10 escape by retiring from the
bench. The people of North Carolina to-
lay are actuated by the same principles
Sh3.t DleVet the .4-opic III that 'ti'nt "
give us al least one precedent.
The gentleman from Wake also stated
that the Constitution provides hat al
though We may impeach, VIC arc no.
bound 20 DO 80. In other words We ha =
he -ower not 10 measure IN 10 our
luties and responsibilities as representa-.
ives CT The people. Reduced 10 its logica
analysis. that statement means that Will.
it IS our duty TO impeach them, we may
avoid that duty by failing to perform it
lApDlause)
A great deal has been said by gentle
men on the other side Of this question
to the effect that the Supreme Court had
The right 10 cOnstrue the laws according
TO their convictions. No one comedies thai
more readily than | do; and if the court
had stopped there and had simply decided
that the office belonged TO Mr. White
and recommended TO the Legislature tc