The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1910-09-20

dppodtS I1OII llC 1OpOA
that twenty-seven other cases IL
volving the same question were pehu-
ing, all of which cases turned upon
the decision in this case.
To say the least, the situation con-
fronting this court to do justice III
North Carolina over one hundreu
years ago, was from any point OF view
intensely interesting. One can Win
certainty know that public sentiment
clamOred Tor quick and speedy ter
mination of this question:, upon
which in reality hung the very life ana
strength of our present constitutional
system Of government We can haru-
ly imagine that any one could nave
had the hardihood to express sym
pathy with the unfortunate pla1nl1lt.
Mr.. Hill, in his excellent history OF
North Carolina, speaking OF TINS Pc
Rod, says: The feeling against the
Tories was still very bitter. Those
who had suffered at their hands urg-
ed that their property be taken. &C
cordingly in 1892 an act to seize ana
sell the lands of nan leadlng tories
was passed by the legislature. Among
those who lost their lands under TINS
act were Governors TryOn and JOSIAH
Martin, Henry E. McCullah and many
others. Much Tory land was also
sold by the county officers" The
naughty defiance Of Tryon and the
more recent outrages of Major James
II. Craig and David Tanning were
still burning deeply in the memory
Of the rank and file Of the people. 1t
was no time to hesitate. Ihese
Revolutionary heroes could not be
cajoled. Let it be remembered also
that at the time as now, in England
such a thing as the court declaring
a statute unconstitutiona and thus
imperative was unheard OF. Why
should these rugged judges make a
new precedent for the benefit Of trail
tors? Was it not the height Of pre-
sumption for one branch Of the new
government to intrude into another
equal and coordinate branch? Should
the claims Of the plaintiff really re-
ceive serious consideration and dld
they deserve a hearinS2 None knows
better than the faithful and just
lace urge this line Of argument to
sway from it's object and aim the
unerring compass of a judicial mind.
After all was the principle that this
land should be taken and q hearing
Of the merits OF the case denied upon
a mere ex parte affidavit sound? Was
it q good rule of procedure for all
times? Was it therefore good law?
To the glory of North Carolina, there
were in these forests such judges,
such real opponents Of the law as
Ashe, Spencer and Williams. NO
wonder their successors have at all
times been an to our
bench. GnQueStionably the court
realized its critical position. In ain
did 1t to the parties 'tO
consent to a fair decision of the prop
erty in question by a jury according
to the common law of the land
Again the record proceeds, The
court then, after every reasonable en-
deavor had been used in vain for
avoiding a disagreeable difference be-
tween the legislature and the judicial
power Of the State, at length with
much reluctance, but with great de-
liberation and firmness, gave their
opinion separately. but unanimously
overruling the aforementioned motion
for the dismissing of the suits. In
the course of which the Judges OBJ
served that the obligation of their
oaths and the duty Of their office re-
CURED them in that situation to give
their opinion on that important and
momentous subject and n~Otwithstand-
ing the great reluctance they might
feel against involving themselves in
a dispute with the legislature Of the
State, yet no object Of concern or re-
spect could come in competition or
authorize them to dispense with the
duty they owed the public IN conse-
quence Of the trust they were in
vested under the solemnity Of their
oaths.'
We hear much of the progress Of
this age and the writer would not de-
cry it. But let us listen a to
the wisdom of these sages of the past.
whose shelves were not filled with
law books containing precedent and
authority on every conceivable queS-
ton or phase of the law. these
judges, who could depend only on the
great fundamental principle of com
mon sense and right to sustain their
judgments, who, in the face Of criti-
clsm and censure could only declare
the law and depend upon the fnal
triumph of truth in another dav
(when men could be calm). to JUST v
them.
One or two brief quotations will
suffice. "Ashe, j., observed that at
the tune Of u separation from Great
Britain We were thrown into q S;r;1or