Year: 1869

fore the Supreme Court to show cause why
tbey should not be silenced for contempt of
court. The grounds upon which they will
base their defence have not been made pub
lie. We understand, however, that they
will plead that they have not been guilty of
contempt, as the court was not in session
when the protest ~as signed, and that the
Justices were consequently not members of
the court This point is very plausible
one, but merely serves to show to what an
extremity the lawyers have been driven.
They seem to forget that the protest was not
published until after the Courtshad been or
ganised, and that, consequently, their plea can
not hold good. 1t was not alone the act of
signing the protest that made them
guilty of contempt but also the pa6lica-
tion of the act. That was the real act of
contempt as it was that malice which
most tended to impair the power of the
Court, and to bring its authority in ques-
ton. That this was the intention of the



they had simply desired to acquaint the
Court with the alleged sentiments OF the
Bar they would not have published their
protest, but would have submitted it to the
Court itself That their intention was to
weaken the power of the Court in the ad-
ministration of the law, and to bring it into
contempt with certain portion ofthe people
is irrefutably proved by the pains they took
to have it published in every Democratic
naper in the State. Under these circum-
stances, we do not see upon what ground
the lawyers can base the plea of not guilty.
True, they may involve their act in many
sophlstries and Messrs. Vance, Haywood and
Bragg may bring all their acknowledged
talent to the work of hood-winking the
Court, but they have to deal with thorough
and able jurists, whose judgment will enable
them to untangIe the web of sophistries with
which the lawyers will seek to embarrass
the case. Nor can there be any doubt that
the lawyers who signed that protest were
guilty of Intentional contempt of Court. The
protest has been before the people for months.
The lawyers knew that it was regarded by
every person in the State as an attempt to
injure the standing of the Court. Yet no
effort was made to correct this impress
sion. If they had not intended to bring the
Court into contempt they would have with
drawn their names from the protest, or
would have withdrawn the protest itself.
They did not do this, but allowed their
document to be circulated and quoted to
the prejudice of the authority of the Court.
No stronger case than this was ever made
out against any man or body of men. II the
lawyers take the course they are repre-
sented as intending to take, it will be
confession of their guilt. By
adopting it they virtually admit their antcn-
tion to bring the court into contempt, and
only deny the tulltillnaent of their designs, and
that upon purely technical grounds. These
technical points we are confident the Court
will rule to be not we'll taken. We see no
other decision that the Court could make.
If, however, the lawyers can prove that they
have not been guilty of contempt, we be-
lieve that the Court will at once decide in
their favor. II, on the other hand, they
cannot prove this, we hope that they will
be required to make a full apology for
their crime, or failing this, be debarred
from further practice before the Court. This
is what the people of North Carolina
demand, and they will sustain the
Court in lany proper action. Should


the Court be unmindful of its honor, the
members thereof will have to account for
such neglect to the people who entrusted
them with the administration of justice.
The people are of right the lawmakers and
the executors of the law. 1t being impossi-


BILE for the people to convene, as people,
for the administration of Justice, they have


delegated their powers to certain men who
are responsible to the people for the faithful
performance of the duties they have under
taken. Thus the Judiciary, as well as every
other branch of the government, is response
BILE to the people for its actions. In this
case the people have been insulted through
their servants, and demand that proper re
paration shall be made Let the lawyers
and the PEOPLE now join issue, and let the
right prevail.