Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-07-22

E,rpd1Tc E0y{ and Others.
The Court opened at o'clock Il. H.,
Chief Justice PEARSON On tlio bench.
Mr.. H. &. Badger, counsel for tho EX-
ccutive, appeared and read tho following
reply to the Chief Justices letter of yes.
torday.
EXECUTIVE OFFICE, Raleigh, July 10, 1870.
To te6 Hon. Il. N. Pearson,
Laif Justice Of NOrth Carolina
ETE-lour communication Of yesterday con-
corning the arrcats made by Col. Goo w. XIX.
together with tho enclosed, IL Re coivad.
! respectfully reply That Col. Geo. W. Kirk
m&do the arrests aud. now detGns tho prisoners
named by order. lie vas instructed firmly but
respectfully TO decline to deliver the prisoners
No one goes before me in respect for the civil
law, or for those whose duty it liz to enforce it,
but tho condition Of Alamance county, and some
other parts OF the State, has been ana is such
that, though reluctant to uso the strong powers
vested III me by law, have been forced to de-
clare them III a state Of insurrectOn,
For months past thero has been maturing in
these localities, under the guidance Of bad and
disloyal mon, dangerous secret lnsurrectlon.
have invoked public opinion to aid mo in sup.
pressing this treason! have Issued prOclarla-
ii iii alter Proclamation to the people Ct the
State 10 break up these unlawful combinations
| have brought to bear every civil power to res
| tore poaco and order, bnt all in vain! The Con-
| siituti3n and laws OF tho United States and OF
this State are set at nauGht the civil courts are
| 80 longer projection to life, liberty and proper
| =; demonstration ana outrage go unpublished
and tho civil I&gjstratc8 intilnidatod and arc
! afraid 10 perform ihoir funGtion5
70 tl.o majority Of tho ucopIo of thceo eoctions
/ the approach of night is like the crtrance into
! the valley OF tie sladaW Of death: the msn dare
not alCcp hCnCsth tliCT roots at night, but aban-
d@niul, ilter :,jqoJ rd little tno1, wander in tho
woods untll day.
| Thus civil government WAS crumhling around
| bud
| J;Y virtue of tho power vested in me by the
! Constitution aa,i laws a'It by that inner ut right
OF s;IT pres ryaI3n, which belongs 10 FL govern
/ ntas have proclaimed tho county Of AlRmance
; 4 w..
! i o2r0mG26i1g tho military forces ii that conn
! ~ made the arrests referred 50 in tho wit OF
AEbat!S C03}}E9. and now obtains tho prisoners by
! - ;ii- limo ! am astisiasi that the pnblo in.
tsTcsta ugc that t!csg military prisoners 5h&l
: not l. hoIlYcled up 10 the civil powers.
F.. aoTGutlJ ENTo that the tjmo may lie short
| when = restoration Of peace and order may re
| lease AlaTaGnco county from the presence OF
| military force and The enforcement Of military
| law. Whom that timo shall arrive shall prompt
iy 1o'toio the civil p9wo r, rz.,,.,- oo--ou
| On the conclusion Of the reading of the
! communication from The Executive, Mr.
! Badger read various PrOclamations issued
! from the Executive Office ut various times
! within tie last two years in reference to
| various pretended Ku klnx outrages and
| disorders in the counties Of Jones, Lenoir,
| Alamance, &c.
| Chief Justice said, before tho argument
opens [ will observe to the counsel the
object of argument is to aid me in forming
an opinion on four questions Of law.
| l. DO the facts sot ont by lis EXcelloncy show
| that Col. Kirk had reasonable excuse for not
making return to tho writs of hdbe0S corpus, as
| 80 to release him from the powers and penalties
| Of 81 attachments
| 2. Do the facts set ont chow an 'insurrec;ion'
| AID condition Of things putting the lives and
| property Of orr citizens in such Imminent peril
| as to suspend the writ of Ia6sdS corpus in the
! cO1ntios subject TO military occupation?
/ 8, Suppose the writ not to be suspended as in
the present condition of the country, it is highly
probable Lay, in my opinion certain, that or
der to the Sheriff of county to call out IS the
power of tho county, and with force take the
petitioners out of the hands OF the military au-
| thorites will plunge the whole State into civil
| War-ehonld not tho set OF 1868-'GJ. be so con-
strred to mako it subservont to that clause OF
| the Constitution, which confere power on the
Governor to call out the militia to suppress riots
/ and sinsHrrectiOn in counties where theGoVernor
has exercised this power and taken military pos
session
I. If so. should tho writ be directed to the Gov
ernor?
l shall be pleased to hear argument on these
subjects questions of law, and will leave it 70
the good sense of the counsel to decide, whether
an excited discussion such as yesterday, will be
calculated either to aid mo in forming an opin-
ion, or to ansTer any other useful purpose.
i PEARSON.
i Judge Battle, Gov. Graham, Gov. Bragg
and Judge Merrimon, counsel for the pc
/ titioners, then addressed the Court upon
the questions Of law and constitution in
volved in the matter before it.
At the close of these addresses, the Chief
justice postponed further consideration
until tomorrow, when Mr.. Badger will be
heard against the writ.
| The Tennessee State debt is now nearly
81, 100000.