The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-19

cisions were such as duty called upon
| them to make, and they were bound TO
render such judgments as conscientious
conviction of duty demanded And if
they have mistaken the law. which they
deny it is such an error as every other
| judge which has ever sat upon any bench
has committed.
THE record of the American judiciary,
Mr.. President, is history of which every
citizen of our country may we'll be proud.
1t is heritage priceless in value and
belonging to us all. Lapse of years but
adds to our reverence and affection for
Marshall and Story, ent and Miller,
fancy and Field Amidst the conflicts
of parties and principles which ragged SO
furiously around them. they were calm
and just, in wisdom and conservatism de-
claring the law as they believed it to
be with an independence which knew.no
fear. Around some OF them clouds and
darkness gathered, but they soon passed
away Some of them were caricatured and
bitterly abused; all of them were criti
cised. Even so enlightened man as
Jefferson himself wrote of Marshall as
"a crafty Chief Judge who sophisticated
the law to his mind by the turning of his
own reasoning.
JUDICIAL INDEPENDENCE.
But today every American citizen
who has any regard for his country,
every judge and every lawyer who has
respect for judicial independence and
integrity looks back with ,veneration
and respect to the name OF John Mar
shall Nor is North Carolina without
judicial heroes of her own. So long as
judicial independence shall be admired,
so long as judicial integrity shall be re-
spected, so long will The names of Tay-
lor and Henderson, Ruffin and CASTOR,
Pearson and Nash remain the pride not
only of the bench and bar, but of the
entire citizenship of this State. These
were great judges indeed, but they
were great not on account of their pa
tive genius and ability alone, but be-
cause as judges and rs men they were
independent unfettered and free. In
times of political strife and unbridled
party spirit the court over which they
presided or of which they were men,
bers, was ever the conservative force
that stood as a bulvark against the
invasion of personal liberty and private
property You are asked to
place upon their judicial acts a con-
struction which may be a precedent for
evil in the years to come In the lam,
guage of Mr.. Webster at the trial of
Judge Prescott: i may perhaps over
rate the Importance OF this occasion to
the public welfare; hut l confess it
does appear to me, that if this body
give it's sanction to some of the prin-
cipleS which have been advanced on
this occasion, then there is a power in
the State above the Constitution and
the law; power essentially arbitrary
and despotic, the exercise of which may
be most dangerous. Ii impeachment be
not under the rule of the Constitution
and the laws, then may we tremble not
only for those who may be impeached,
but for all others. If the full benefit
of every constitutional provision and
every rule of law be not extended to the
respondents, their case becomes the
case of all hespeople of the common
wealth. The Constitution lis the peo-
pies Constitution-they have made it
for their own protection and for these
respondents among the rest They are
not eager for their conviction. They
desire not their ruin. If they be i'm
condemned, then not only are
they condemned unjustly but the rights
of the whole people are disregarded."