The weekly standard. [volume] (Raleigh, N.C.) 1869-18??, 1870-12-28

iDdi1t(ctt .1ltut Sa'u+- (tcOf9e w - Alrk TO
so sciz', dctsin and imprison and de-
pfive of his liberty the said Adolphus
G. Moore and that such seizure and detention
was madel,y his order ard command, where
upon the said Chief Justice upon due con-
s!deration splemnly adjudged in substance
and.effect that according to the Constitution
and laws of said State the privilege of the
writ of hd6eqs corpus was not suspended, and
that the said George W. Kirk and the said
William w. Holden, Governor us aforesaid,
were in duty bauad to bring and produce
the body ofthe said Adolphus G. Moore, be-
fore him the said Chief Justice accord
ing TO the exigency of the said writ, yet the
said William w. Holden, Governor as afore-
said, unmindful of his solemn oath of Of
flee and his high duties as the Executive of
said, State. and contriYing and then and
there intending TO deprive the Said Adol-
Plus G. Moore of his liberty as a fiee citi-
zen of said State, and to- defy and subvert
the Constitution and laws of said State de-
clared that he lad so ordered and did still
so order, and commanded the said George
w. Kirk, not to obey the said writ so issued
by the said Chief Justice, and then and there
,declare,to said Chief Justice that he, the said
William W. Holden, lGoyefn0rsas aforesaid,
would not obey theesaid writ or the COM
mand OF the said Chef Justice in that be-
half, and that he would not allow the said
George w. Kirk to obey the same and pro
duce the, body of, the sud Adolphus G.
Moore, def re the said ChiefiJustice. accor
ding to the exigency of said writ, until su, b
time as in his discretion he might think
Tr per so TO do. That while the said " liam
w. Holden, Governor as aforesaid so seized,
held, detained, imprisoned and deprived of
ibis liberty, SAID Adolphus G. Moore, and so
refused to, obey the said writ, and to com
mand the said George w. Kirk 50 to do,and
SO resisted the laws and the lawful authority
lof the said Chief Justice, hewas, by his own
,procnrements order and command, support
ed in that behalf by the means and use of
said armed men, SO commanded and con-
| trolled as aforesaid, and so the said William
| w. Holden, Governor as aforesaid, did in
| the way and manner and by the means
aforesaid, procure, order and command the
said George w. Kirk, so charged by said
1 writ of ha5eds corpus, to refuse to make due
return of or to the same, and produce the
body of the said Atlolphus G.. Moore, before
the said Chief Justice, according to the ex-
u ISS11IJ OiFtuSA odRt VIII, duo W lCciot viz
i same and the lawful authority of the said
/ Chief Justice, and did, himself, then and
| there, in the way and manner and by the
means aforesaid, resist the due execution of
! the said writ, and the lawful authority OF
the said Chief Justice, and did, then and
there, in the way and manner and by the
/ means and armed force aforesaid, suspend
j the privilege of the writ of haJeas corpus
and did, unlawfully and violently, seize, de-
tain, hold, imprison and deprive of his lib
erty, the said Adolphus G. Moore, and for a
long time, to-wit: for.the space of caen-
! 'dar month, after the said Chief Justice had
adjudged such detention illegal. did con.
tinue to hold and dctain and cause to be
held and detained said Adolphus G. Moore
! and did, in the way and manner and by the
1 means aforesaid, make the military super
sede and prevail over the lawful civil powe
of the State, all which acts, matters ant
I things, he, the said William w.. Holden
4 Governor as aforesaid, did as aforesaid, II
\ violation of his solemn oath of office, ant
4 whereby he, the said William w. Holden
i, Governor as aforesaid, did, then and there
i commit mghcrimes and misdemeanors in Of
> flee against the Constitution and laws G
said State and the peace, dignity and intel
tests thereof. d" aet
II a1qI IN - ARTICLE vi. EsI
II That the said William W. Holden, Go,
Il ernor of the State of North Carolina, heret,
? fore, to wit: In the months of June, Jul
and August, in the year of our Lord, 1877
under color;ot his. said office, unlawfully r
cruited, armed anil equipped as soldiers,
Il large number c. men. tl wit: five hundre
men and more and organized then, as 3
i army, and appointed officers to .coh1nian
Eaad use -sucik ! aEs,aad man "a he the sai
! William w. Holden, Governor as aforesaid
: under color of his said Office, might fro
time to time order and direct; that duri1
: the said months of June, and July and Al
gust, he the said William w. Holden, Go
= ernor as aforesaid, under color of his offic
!, placed a large number of said armed Int
under the immediate control of one Geors
w. Kirk, as Colonel, aided by one B.
). Burger, as Lieutenant Colonel, one H.
Yates as Major anil sundry other ersons
;. Captains and Lieutenants, and sent SUE
I last mentioned armed men under the INN
4 date command of George w. Kirk as Col
4 mel, B. G.. Burger, as Lieutenant Colonel,
/ {. Yates as Major and said sundry 9th
| pCISOUS Us SdpldLlIo anu llCulCuullo, Ill l.
i comfy OF Gaswell, and by the procureme1
!. order and command of lin, the said Villa
Il W. Holden, Governor rs aforesaid, und
# color OF his said office, the said armed m
n last aforesaid seized, held, detained al
" impr soned, in said county Of Caswei; Jol
IS Kerr, Samuel Hill, Jesse c Griffith, Fra
. A Wiley, J I Mitchell, Thomas J Womac
d AG Yancey, John Mckee, A A Mitcht
! Yancey Jones, M Neal, William Bow
If Barzilla Graves, Nathaniel NJ Roane, RI
81 Roanc, James K Fowler, M 2 Hooper, j
: Williamson and Peter Ii Williamson, pea,
,e able and lawabiding citizens of said coun
W then and there engaged about their law
ID business that the said John Kerr, Sam,
$. Hill. jesse c Griffith, Frank A Wiley, ,
20 Mitchell, Thomas ] Womack, A G YANG,
Ill John Mckee, A A Mitchell, Yancey Jones
e. M Neal, VIM Bowe, Barzilla Graves, N
X Roane, Robert Roane, James r Fowler, n
ne Hooper, James G Williamson and Peter
he Williamson being SO seized, held, detain
id and imprisoned and deprived Of their libe
l. were then and there in the custody of
I'd said George w. Kirk, acting as Colonel q
lie commanding the armed body of men
I'd aforesaid by the order, command and p
ne curement of the said William w. Hold
To- Governor as aforesaid, that the said Jt
at Kerr, Samuel P Hill, Jesse G Griffith, FRI
ire A Wiley, j T Mitchell. Thomas ] Woma
M AG Yancey, John Mckee, A A Mitch
ne Yancey Jones, ] M Neal, VIM B Bowe, B
is zilla Graves, Nathaniel M Roane, RoI
he Roane. James R Fowler, NJ Hooper.
HI C Williamson and Peter Williamson he
m SO seized, held and imprisoned and depri
DIV of their liberty, made due application to
i'm Hon. Richmond NJ Pearson, Chief Justic
of the Supreme Court Of said State, as by
in they might do, or the writ Of ha5eas corr
yas to the end that the said Chief Justice mi
ear duly enquire the cause oil said seizure, de
nd ton and imprisonment and deliver Il
liv from the same according to law. That
us. said Chief Justice issued the writ OF ha
as corpus at the instance of the said
thef Kerr, Samuel P Hill, Jesse G Griffith, Fir
ore A Wiley, ] 7 Mitchell, Thomas Wom