The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-20
NORTH CAROLINA.
Impeachment Of Governor
Holden.
The Articles OF impeachment Preferred by the
House Against the Governor Numerous
High Crimes and Misdemeanora Al
leged-The Governor to bs Su-
perseded During the Trial
RALEIGH, Dec. 10, 1870.

The articles of impeachment OF Governor Holden
eighteen IN number, were to-day submitted by the
Judiciary Committee OF the House ana passed by
that body. They are vouminous. covering some
sixty pages OF foolscap.
Article first charges that w. W. Holden did IN
defiance OF the constitution and his oath OF once
and intending TO stir up civil war aud TO degrade
and humatc the people OF the State: proclaim the
county OF Alamana to be In state Of msurrection
on the 7th March, 1869. That he sent bands OF dos
peratc. awless and armed men INTO said county,
occupying II by military force. That he arrested
certain citizens OF that county. numbering eighty,
when there was not. In TRUTH any instruction.
which the SAID Holden well knew. whereby he was
guilty OF high crimes IN Office.
Article second charges that Holden. intending TO
subvcrt personal and civil liberty, the constitution
and laws OF the state and people thereof did likewise
declare the county Of Caswe IN state OF insurrec-
ton on the sth Of july $780, did by desperate and
awless armed bodies, arrest and detain them by
military force when the SAID Holden knew the civil
authorities both OF the state and county were peace
fully ana regularly exercised in an respects The
courts being open anu the due administration OF the
| law uninterrupted.
Article third charges that Holden DID on the 5th
OF August. 1870 In The county OF orange, IN defiance
OF the constitution ana under color OF his Office. IN
cte one John hunnicutt aud Others to seize, dctan
anu deprive OF hls liberty Josiah Turner Jr cltl.
zen OF that county. Tor Ten days.
~ Artcie fourth charges that Holden did. on the
one George ". Kirk ana one b. g. George.
| aud other evil disposed and desperate persons 10
rs reemen John Kerr samuel II. Hill. William d.
Bowe and Nathaniel NJ. Roam citizens ana residents
| OF said county. IN said state, Tor one month ami
more, in which he committed 4 high crime against
me laws OF said State, and the peace interest and
| dignity thereof
june July ana August 1870. did, unaer color 0i nis
ONCE, recruit, organize arm and equip large
number or men as soldiers, with one George w.
king az colonel, one u. q. Bufgln "a Lieutenant
colonel. aud one H. Q. Yates "a major. and sundry
captains and heutenants aud sent such bands into
the county OF Alamance, where they arrested one
AdophusG. Moore, apeaceabe and law-ahidng citi-
zen OF the county ana State; that the said Moore, 40
sezei ana deprived OF his liberty, made due appli-
cation TO the Chief Justice OF the supreme Court
Of the state, a. by law he might do, Tor writ Of
| tlce might Inquire into such unlawful detention;
that the Chief Justice issued the writ directed 10
Kirk ordering nlm 70 produce the body OF
nth day Of July, 1870, and that Kirk refused 10
make return before the chief Justice, declaring
that he was was acting under the orders " w. ".
Holden, upon which the Justice made inquiry Of
Holden II he had ordered the arrest aud detention
sponded in the Affirmative; wnereupon The Cnef
Justice Wrote. 'in substance, TO the said iiol
den and Kirk that they were In duty bound
to which Holden again replied that he ala so order
| and still refused to obey The said writ, IN which he
resisted the laws and lawful authority the state.
and was guilty OF nigh crime against SAID state.
Article sixth Is substantially the same as the nlth.
except that IL rectes the case OF nineteen citizens OF
Caswell who obtained writs Of habeas corpus which
Kirk refused To make return TO, stating that he
held the said prisoners by the orders OF Governor W.
that he refused 10 produce their bodies IN which
Holden was guilty OF high crime against the honor
Article seven charges Holden with the incarceia-
ton OF Josiah Turner, OF Orange county, IN q
loathsomc dungeon IN Alamance. among felons,
one Of whom was condemned t. DEATH;
that Kirk, Burgin; Yates and olher des-
pcracoes from the state OF tennessee
acting under Holden's orders did hang by the neck
one Wm Patton ana Lucien II. Murray, and 10 main
tain said armed force did, without awlui authority
| make his warrant upon David W. jenkins, Treasurer
|
| seventy thousand dollars and did cause the said
| which he is guilty OF high crime ana mIsdemeanor
| Article eight charges that the said Holden din IN
The months Of June. July ana August under color OF
his Office as Governor. and without the sanction Oi
| the constitution an laws Of the State, make his
| warrants upon the Treasury Of said state FOR large
sums of money to wlt:-SS0 900 and more 10 be used
| for the unlawful purposes OF maintaining large
bodies OF armed desperadoes: that he ald ince'and
said unlawful warrants the Treasury OF
SAID State; that he did. further, on such
warrants, obtain in the said manner other large
sums OF money, TO w.t. 100000 that Richard N. Am
son. citizen Of irede county did bring suit IN hts
own behalf ana in behalf OF all the taxpayers Of
said state. to restrain the Treasurer from paying
any such and all sums 10 the SAID Holden: that
Judge Mitchell, Of the state Superior Court granted
writ restraining and enloinng the said Treasurer
from paying such funds; that the said Treasurer
was duly served with such writ OF injunction.
but the said Holden did per.uade, ince,
orler, procure ana command the Said Treasurer
to disregard the Injunction ana to deliver the funds
to other agents OF the said Holden, 10 be used for
the purposes aforesaid; that the said Treasurer ana
deliver such funds In total disregard OF said writ or
injunction. i'll which the said Holden Is guilty ~ a
high m:sdemeanor in violation OF his oatn OF once
anu i'm subversOn OF the laws OF said State, and the
peace, interest and dignity thereof.
The above articles OF impeachment will be pre-
scented to the Senate tomorrow, which body VIII
then take order and proceed to organize a high
court OF impeachment and arragn the Governor.
when his executive functions cease. The Senate
have resolved to do this before adjournment for the
holidays, In order to afford the Governor the time
intervening before the reassemoing OF the Legisa-
ture to propose his defense, which win dispense
with that loss OF time when they are again in ses
sion. The Chief Justice VIII be sent FOR tomorrow
TO preside.