Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-08-12
from the Newbern Times (Radical.

easy. At an earlier stage they sueeeste1
q conte5tbetween the local Executive and
tho enemies OF law il limited portions of
the State. They now exhibit the Cover
nor Ns she enemy of law, and as the arbi
| srary unrestreined military ruler of a State
preme.
we arc not unmindfui OF crimes fI,at
nave thus far gone unpunishcd in certail1s
localities In the State. There have bean
| murders. robberles, and outraoes in yar;-
ons forms. whose perpetrators have not
been arrested, or, if arrested, have been
dealt with too leniently by the local ad-
mlhlstTatoTs OF Justice. Hero and there
sIe 'hG-Alux" have made their sppear-
ance, have committed some unlawful act
and have then easily escaped. IF. how,
ever, on one hand there has been miscbief
on she other there certainly has been ex,
aggersslon. The population of North
Carolina are not wholly unknown. and
shey arc known not to be either thieves
Oh aSsa5slns or the aiders and abettors OF
robbery and murder. Among them 90
among ourselves, crime NAV he oroon;va5
ana defiant; but after all the criminals oro
an insignificant minority, and for their
presence or their acts the eutiro oomr,up;
" ougnt not TO be held 1csponsibIe Tho
distinction which here ia recocn;1ad occ
Matior OF course has there been ignored
f4htlre communities have been arraioned
toI ou1E6ges committed by q few. The
oadsgeS themselves, have, in many in
S.Ss, oeen mAgnldod; In others, a DO
N1oal sIGnllcance has boen attached TO in
cloents OF the most ordinary nature. In
JuStlce has thus been done TO q neonIo
Whoso general respect for law 10 &c xrcu
established rs that OF the people of Kan
sas, and whose depressed and embarrassed
| circumstances constitute O claim upon onr
generosity which should be felt even in no
lltical controversy.
Apart from ali qualifying considerations,
however, we have insisted that as against
t4ese criminals the law shall be enforced.
II II the every day machinery Of Justice is
insufficient for their detection. let it's on
PacIIy Do increased for tho emereency,-
DuV let the increase be regulated by the
law and be III oil cases subject to it's an
thorlTy. There is 10 reason whatever to
suppose tnat the State, or any part of it.
- IA conoition o. anarchy, or that any
necessity existed for the employment of
extra Judicial measures. Governor Holdon
was passive quito long enough to prove
s tnas even ID his judgment no extraordinary
allhcu!ty required his attention. If. then.
sno authors OF ontrages gradually acouired
o certain daring the result of Temporary
lmpunity, It Is fair to assume that the Gov
ernoF 10 III some degree Responsible II
vas competent for the Governor TO
strengthen the arm of justice, and to Sc
cure the arrest and punishment of known
otlenders. while retaining the moral sup.
pors OF the State and the country.
toV' Holden has chosen another. course.
ana ono 90 fagrantly wrong that It is i'm
possible TO respect his motives, and of tho
same time credit him with Judgment be-
hitting his position. We must conclude
sasnef taEL tnas he Is playing the part of reck-
IeS- k1"1l1een, ahd without regard to de
oency or right Is preparing to control tho
state election on Thursday-or that. weld
ing 10 bad advisers, he forgets his duty TO
Ehe people whose servant he is. to the State
whose interests and honor he has sworn TO
protect, and to the law whose majesty is
superior TO even his pretensions One or
tho other OF these conclusions eeems iney-
liable. How else shall We comprehend tho
nasty proclamation Of martial law. the or
ganlzatlon of motley troops-not the law
ful mliltla-under the command Of q Ten
nessee Colonel, the refusal to obey orders
OF regular Courts, the arrest of citizens
without warrant and their detention with
out trial and, finally, the declared pur-
pose to try these prisoners by military
Court, with man not far removed from
an outlaw at its head +?
:. 1t Is not possible to watch without in
d1gnatIon the progress of the record which
Gov. Holden is making for his own con-
demnation. The method he has adopted
Tor organizing troops-the neglect of the
constitutional provisions in this respect,
and the departure from the non partisan
attitude becoming q matter at once 30
delcate and go momentous-may account
for the aversion with which these troops
are viewed by the people generally. They
are partisan force, under the direction of
Col. hIrk, whose antecedents are odious
and whose character and temper display
the license, rccklessnosg. and cruelty OF an
unbridled partisanship. This man Kirk
Gov. Holden has invested with many of
the powers OF military dictator in the
counties thas are unhappily eubiect to his
sway, his Will Ii warrant enough for the
arrest OF respectable citizens; he keeps
them prisoners Witout informing them OF
the cause OF their arrest: he threatens tn
shoot officers Of the law who NAV enter a
camp with writs Of hd6eds COrpus: aad on
at least one we'll llattested occasion, he in
hloted torture upon prisoner. For these
lnf2mle9 Gov. Holden is responsible. He
asserts practically that the habeas c0rDus
act IL enspendod, though tho Chief ustice
decides TINT II Is not; and he has SO over
aWed another Of the Judges that his Court
shrlnks from contest In which the mate
rial power OF the government is arrayed
against the otlicers.of justice and the mora!
power OF the law. The Wholc spectacIe ia
disgraceful to the Governor and huroiIiat
ing TO the country. For it shows that the
Executive OF reconstructed State NAV
usurp functlons not contemplated by the
Colntitution under which he was elected.
aEd may become the despotic master of q
people whom he is supposed TO serve.
Il is unfortunate that the Governor, who
has placed himself above the law, is neryer-
! theless able TO boast of the suppor. of the
Government OF the United States. For
what purpose aro national troops sent into
| North Carolina Infamous as Holden q
| orders ere. infamous as the conduct of his
mlnioH, Kirk has been, we have vet to
! hear Of the first attempt at armed resis-
! tanc9 to eishor. There is martial law with
out an lnsuTrectIon-a great display of mil
| Itery force TO crush insurgents have no
visible existence. There is no conceiva-
bic usc for the United States troops now
IN the Statc-unless il be to keep guard at
the pools on Thursday in the interest of
Holden But are bayonets proper adjuncts