Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-07-29
From tho Raleigh Standard.
The Governor and the Chief Justice.
EXECUTIVE DEPARTMENT,
RALEIGH, July &c, 1870.

To TIE HONORABLE E. N. PEARSON,
Chief Justice IF Tie Supreme C0ur3 81 Mort,
Carolina:
SIR Il have had the honor to receive. by the
hands of the Marshal of the Supreme Court, a
copy of your Opinion in the matter of y. c..
Moore; and the Marshal has informed OF
the writ in bis hands for tho body OF said Moore,
now in the cuetody ST my subordinate officer,
Col. George w. Kirk.
have declared tho counties OF A!amanco and
Caswel ia state of Instruction, Snd have taken
military possession OF them. This your Honor
admits had the power to do ''under the Con-
stitution and laws" And not only this, ''but to
do ali things necessary to suppress tho insurrec-
ton including tho power to "aTrost ell suspected
persons IN The above mentioned counties.
YOur Homer has thought proper also TO declare
that the citizens Of the Counties OF Alamancc
and Cas- well insurgents, the result Of the
Constitutional and lawful action Of the Executive
and that, therefore, You will not Issue the writ for
the production Of the body Of Moore to any of the
men or the eald counties; that "thC posse COnti-
tGtuS must come from the county where the writ
is TO be executed" and that any other means
wOuld be Illegal
have officia! and reliable information that in
the counties above named. daring the last twelve
months. not less than one hundred persons, g in
the peace Of God and the State have been taken
from their homes and scourged, mainly if not en-
urely on account Of their political opinions; that
ei ght murders have been committed, including
that of a State Senator, on the same account that
an Their State Senator las b3en compelled from
lie ar for his life, to make his escape 10 distar
state. have reason to believe that the govern
not entirely III tue hands of men who belong to
the u-KluX Khan, whose members have perne-
trated the atrocities referred to and that the
county governments have not merely omitted 20
ferret out and bring to justice those Of this Khan
who have thus violated the law, but that they
actually shieldcd them from arrest and punish
ment. The State Judicial power IN the said coun-
ties, though in the hands of energetic, learned
and upright mon, has not been abe to
bring criminals to justice indeed, it is my
opinion, based facts, that have come 10
my knowledge, that the life of the judge
whose duty it is to ride the circuit to which the
siId counties belong, has not been safe, ac-
count of the hatred entertained towards him by
the Khan referred 10, because of his wish and
purpose to bring said criminals to Justice For
be 1t known to your Honor that there is wide
spread and formidable secret organization in this
State, partly political and partly social in it's oh
j7ct5; that this org anization is known. FIRST as
"Ihe Constitutional Union G4GrG'- secondly, rs |
"Ihe WhMe brotherhood. . thirdly, as ''Ih8 IN.
UisibIe Empire; that the members OF this Or
ganization are united by oaths which ignore or
repudiate tho ordinary oaths or obligations that
rest upon ali other Citizens to respect the Law S
and to uphold the government; that these oaths |
Gculc alto hatred by tic whito against the coiOrcd
people OF the state; that the members OF this |
Khan are irrecOnci!ably hostile to tho great pvin-
cip!e Of political and civil equality, which the
government Ct this State has been reconstructed;
that these KaEs meet in secret, III disguise, |
with arms, in uniform Of certain kind intended !
TO cOnce9i their persons and their horses and to
terri!y those whom they assault or among whom
they move that they hold their camps III secret
places, ard docroe judgment against their peace
sc0uIglngs. mutliatIOnB and murder, and that |
certain persons Of the Klan arc doputed to exc |
cnto these judgments that when the mem Jers Of |
this Khan are arrested for violations of law, il is
most dlihcnlt to obtain bills of indictment az 5inat
them, and stiiI moro difficult to CONVICT them |
first because como Of the members or their sym
pathlZcrs are almost always On the grand and |
petit iuriea, and secondly, because Witnesses who |
are rbombers or sympathizers unblushingIy com |
NIT perjury to screen their cOnfederates and as
sOciateB In crime that This Khan, thus c0nstitU-
ted and having III view the objects referred to- il
very powerful III at least twenty-five counties OF
the State, aud has had absolute control for tho |
last twelve months OF tho counties OF Alamancc |
ard Caswoll.
Under these circumstances [ would havo boen
recreaut 30 duty and faithles5 to my oath il |
hsd not exercised the power i'll the several cour-
ties Which your Honor has been pleased To say
have exercised COslstiutiOnaIly and lawfully; og-
pecially as sinc0 October, 1868, ! hage repoated-
ly, by proclamations and by letters, invoked pub
lie opinion to repreas theso evils. and warned
criminals and offenders against the laws of the
fate that must IN the end OvertHke them, if IN
der tn. auspices OF tho Khan referred to, they
should persist in their course.
beg assure your Honor that no one sub
scribes more thoroughly than do to tho great
Of hdbeds cG1loatS and trial by jury. |
Question the safety OF the State is ihe supreme
law, the4e privileges OF hd6eaS corpus ana trial
by jury should be maintained.
have alre ady declared that, in my Judgment
y0nr Honor and all the other civil aud iudcia /
authorities are unable at Htjs time to deal with
tho insurgents. Tho civil and the military are
life and property whom it can, and the military
only when the former has fallod, AS the Chief
Executive sa"k to restore, not to subyert The
judicial power. Your Honor has dono your duty,
and IN perfect harmony with you : seek to do
mine.
1t is not nor the military power that has sup
planted the civil authority; that has been done
by tho insurrecti0n i'll the counties referred to-
do not acc how can restore the civil authori- |
~ until [ " suppress the Instruction" which
YOUR Honor declares have the power to do; and
do not SEQ how can surrender tho insurgents
to the civil authority until that authority is re-
stored. 1t would be mockery III me to declare
that the civil authority unable to protect the
citizens against the insurgents. and then turn
Tho insurgents over to the civil authority. My
bath to support the Constitution makes it imper-
ative on me to "suppress the instruction - and
,eetore the civil authority in the counties refer
red to, and this must do. In doing this renew
20 your Honor expreseions Of my profound re-
spect for the civil authority, and my earnest wish
hat this authority may soon be restored to every
county and neighborh0Od in the State.
L have the honor to be, with great roapoct,
Your ob't eorV't,
w. w. HOLDEN,