, 1870-08-02
THE NORTH CAROLINA TROU-
BLES,
The lanhenh Corpus and tho Dec1&.
i"n OF Judge FcnrAon-RepIy OF
<sovernoF Holden.

The 1anben" Corpus and tho Decl4-
tnu OF Judge FcnFxon-RepIy OF
Governor Holden.
Governor Holden refused to deliver np the
prisoners arrested by Kirk in Alarnance on the
tnaulAte Of the Chief Justice The counsel
for tue prisoners moved to attach the GoFarn-
or, but the motion was refused by the Chief
Justice. The counsel then moved to attach
kirk THIS motion was also refused. They
then moved to send tho Marshal Of the Su-
rreme Court to Ki1ks camp to bring tho
prisoners. Tha motion was refused BY the
CHEF Justice, saymg it would he idle, as the
! order would not be obeyed; that the counsel
for the prisoners might take it as fact that
tho Marshal had been SAINT and tine pris-
oners not surrendered. II, as WAS said BY the
prisoners counsel, they intended the applica-
tion for relief, it should bc made by them to
The Chief Justice OF tie United States.
THE uApkAs CORES AND THR DECISION or JUDGE
l. rEAEsoS.
Reference has been made by telegraph and
| otherwise 70 tho recent decision OF Judge
Pearson, Chief Jnsticc OF North Carolina, ia
o. Alamance County, arrested by Colonel G, ".
Kirk, commanding State militia, by authority
Of Governor Holden. It will be remembered
that when the writ Of habe1s corpus was
served upon Kirk. be refused to obey it, Civ
ing az reason that he was acting under Or
| ue4o y! ILLS hupcHo& oWcer. Inc Raleigh pA-
ners give tue deciaion OF Judge Pearson in
full, IRON which We make the following e1-
tracts and statement Of the case:
| inc counsel for the prisoner, Moore, submit
ted ~" inuuons: !. For an attachment auainst
| g. ". kiIk for falling 10 mike return. g For q
writ 10 be directed 10 The Sheriff Of some county,
commanding him, With the power OF the counts,
RS ana a hsss haast TN ee;es at q s s ca
Justice.
"Af1er reviewing the fact that the Governor ba.t
declared ihe countles Of Aiamance and Csswrll
the roEeEs conferred upou him by the Constitution
Of tae state, he grants the Governor the right to
ADOPT measures @ ~ The suppression Of tnsurree-
uou, but holds that the me1tls resofIet to Id this
The petitioner Is i military prisoner Violates the
be construed SO 3 to allow military possession
OF a county to be taken and the arrest OF ali
suspected rersons to be made by military
arrested to be su1rendeTed for ts,al to iae dvi1 M
authorizes On hdbeds rortt4a, should theY NOT be
sg;,vcTsa @ IT, oTer Without sas wt!t - accordance
point"
Az to Kinks refusa: to obey the wit, the
Chief Just1ce says:
the question f., do thc facts before me .aor
sufficient rzeusef The af1darit set4 out that Coi.
ontl klE rnt h!s refusal on the ground Thai he
had orders from the Governor Of the Stase nos Ia
obey the writ. His E1celency avows that Coionc'
Elk was acting under his ozlery. So We have
Chief Justice to 1friucc the body. ur ID ofdeseti
hy his Ctnnaatierin-chtefn not 10 obey the wfit
What tfe man @ = DO: H. elected q OBEY his
faSe ~ 1T N, tusns to return the writ The motion
The psoessttng +. BY a ,ult TO sso. eau4s why
IN attachment Ahouki hot Issue. And vet VIA
urged, with much yehemence, By learned anu are11
| counsel. 10 rule Kirk up for u coplempt az fbe
Chiet Justice in thi., the andavit Of service sets
| said: "fcll them such things are plsyed OUT.
! have M orders fr0n Governor Holden, and shsii
not o1Gy she Hrtt; will surrender them on Gov.
crnbr Holtlcn's ors!cfs but not otherwise ulless
they send sufficient force to whip me Tbs. as
was well satd ty Mr. 1sasgeE. Is the language Of a
ra' mlde sodeE 70 and not ss courteous as W rsnaly
| ma In judicial pTpcee aluRs- The mut1op for 4
1u!e TO seuw cause for this contempt Is not peril
ncnt to the matter now on hand. Inc evidence On
tEaueous matter put into a afiidavt Of seiyice to
excite prejudice. nnt! the ,no1!on made at the IN
stance Of one who Is under arrest for the notr1d
crime of nufster by mtlnight assassination.
] "Ihe second branch Of The motion, that the
power Of the county be called out II Necessary to
a.a ia latlng tae petitioner bs force out OF the
0rst. Tie power Of The county, OF posse eonitatus
means the men Of the county iii which the Wit i
to be executed-in this Instance Caswell; and thst
county IS declz.ed TO be In state OF iuaurfectlo
shall insurgents be haied out ly the person who
Is 70 execute tic wslt to Join In connict with the
i41s 4 1oFse Se1an o. ts sta:e t. sa!a suc!ent
may also belong to the association, or he persons
J Who tyMp2thlzt With Il But The poass eop.tat1ts
AUST cone from the county where the Wit Is to
l'e executed: It would be illegal to tAks men from
other counties. Ibis Is settled law, Shall illegal
| means be teso1ted 70 II order to execute Willy
| "Agnn. every .bie-bodied man In the State be-
| longs TO the militia The Governor Is by the con-
atNution .Comman1er-ln-chlef OF the militia OF
the state Art 3, Sec s. So the power OF the
county rs composed OF men who are un,ter the
! command Of the Governor: shall these men be re-
Qurtd TO rlolate, with force, the vr,iers Of their
G"nm1ndcf-ln-Chie!. ami do battle with his other
FRAt tY In, 1nt,Y
xhu!t physical power 0f the State is by the con-
afltutinu under the contgUl OF the Gorsrnor; the
lqacsa5y has sn moral power: By the 'hes, Of
| these two branches Of the government
| THE Wit win be directed to lhe Marshal OF
the Supreme Court with instructions 70 exhibit It
and copy Of this opinion to His E1cclltncy, The
Governor II be oraieEs the petitioner TO be de-
70 ,hs xe 4 pot floEng 1as
case, Annual Cyc!opw1tla for the year 1881, page
-, hare discharged uly duty, the power of the
judiciary .s exhausted, aud the responsibility must
| rest On the Executive"
RErLT or GOVERNOR HOLDEN.
ELECTIVE DHpARTAgxr,
| RALEIGH. July ~ ls,af
3Tf1n& LpnrT ef tSaFth C1rotfnd,
sIH: / have mad tbs houot 10 receive, BY the
cory Of your opinion tn Tue matter OF 4 t. Moore;
ald the NaskhAl has informed rus OF tbs writ In
his hands for the body Of said Aoore now IN the
CUSTODY Of my subordinate otnceF, Colonel George
/ hare declared the counties Of Alamance and
Casxsll a stale Of insa, reet,Sn. aud haye taken
military possession Of theH- THIS Your Honor A.
mits had the power to DO "undef the constitu-
tim and Laws" And not only this, s.hut to do all
th,nfs nsse*sa5J y suppress the tasaec'ion. ia-
| Sons, IN the slpor e-tneotoued counties
| Your Honor has thought proper also to declare
Tat The ctuEeus Of the counties OF AlamaDca md
As"ell ere f'stscssfs, IS the result Ut The constt
tu,lonA and lawful action Of the Executive. aud
0at thertfo!e, you wtN not i.sue tue wris for the
81 the said Counties; thar the posae <u@satas.s
| must come fom the county where the writ Is 70
.S executed" N that any other ,aeana would be
Ihate ocacial and reliable Information that In
the COUNTIES aboye named, during the last twelve
IL .pesee :oI God md he Ssste. hsye been
| taken from their homes and sc1ufRef, mainly II
not entirely on account OF their political opinions
Ing that Of STATE seu.ter, On the s2me account;
thA1 another St3te Senator hla been compelled,
fruln fear for MS life, - MAKE hts escape 70 dis
efn1nents Of the saId co1nnts have been mainly Il
not enlIelJ In The hands Ct men whs belong 70
The ku-hinx klan, wnosr membe1a hare peIpe-
clun.J governments hare not merely omitted 10
| itIItt out and bring % Justice those Of mis-
sao 1,,t se, ,as a. b s
| nh1oent- The STATE Judicial power IN tue faid
conntear though tn tho hands Of epergeuc Learned,
and upright men, hxs not been able 70 bring GRIM
inae to tosce: indeed. It Is my opinion, based on
Tho facts thai have come TO my kno l.dg .tuat The
Lie ~ the Judge whose duty II Il to fife the ctr
| eu1t 10 which sid counties belong. has not been
safe. On account Of the hatred entertained toward
him BY The klao referred to, becau1e Of his wish
md purpose 70 bring said criminals to Justice For
/ be It knowD TO tour Honor that there Is \ Wide
spread and formidable secret organization In this
state, partly polneal and parity eocia1 in is o.
jse0: taat thss Organization Is known. arsI H TX
7s ~ Ess. Easss,aoos'@sslriiy ns ssS0oG = ~ ~
IaEiEAx EHpsrr;-thas the member. Of this Of
Esoitation az united by oatns which ignore o. y.
upon all o'her citizens to respec the laws and TO
uphold the government: that these oaths incu}-
cate hatred by the white against the eoloFed peo-
rle Of the s1ate; thai the members Of tal. Elan
political 1nA civil equalIty On which tae govern
naent Of this St2ie has teen reconstructed; thas
these klans meet tn secret In disguise, with aIns,
| 10 uniform Of a certain Kind intended 70 conceal
those whom they assault OF among whom they
move: thar they hold thctr cxmrs IN secret
places. and dectee Judgment a3a{ns1 their
reaeeaole fel,o*-eluzens, from mere tntimi-
murder. and that certain persons OF the Khan are
ceputct. to execute these judgments: that when
The members Of this klan are aFTestes, for stoa-
tionz Of Ian, It II nost ttcnlt 70 ohtatn bills OF
Indictment AGAINST shem. and still more dif1cur
to convict them, nrs9 because some Of the mccl-
bers at their tynp4thizetS 8fr almost al~AyB On
the Gta,d and Petit iurIes; and secondly, because
Witnesses who are members or srmpathiIeE1 IN.
b'nsstngly commit perjury to screen iher confed.
.raus ind associates tn crime: that this Elan.
thus constituted and hzsin9 In view the ob},cts
r~Ier1ed TO- u se7y powerful In Ut least Is clu1tes
In the State. and has had absolute control for the
I4swell
Tadcr the circumstances, would have been
r. tseAus tn Grty and f9thles< to ny oa3h Ii had
Lot exercised the power IA the several counties