New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-07-30
tiers at ArfoH Hall At this place last evening primary
meeting waAhed for the election of officers j. M Pat
terson, IT,, WAS chosen President.
TIE NORTH CAROLINA TROUBLES.


the prisoners moved TO attach the Governor but the
ton refused by the ChefJusce The counsel then
moved TO attach Kirk This motion was also refused
They then moved TO send the Marshal OF the supreme
refused by the Chief Justice saying would be idle
a. tS oTder MGud not ne 0sSe@ ~ tna S ,h9 bo
had been sent and the not suTrRderod IT, as
nconn f3r reIrf IL sbonId pe made Inv them To Tho
Chief-Justce of the United States.
THE HABEAs CORPUS AND THE DECISION OF
JUDGE PEARSON.
Reference has been made by telegraph and
otherwise TO the decision OF Judge Pearson Chief
Justice of North Carolina, in the habeas corpus Of
Adolphus G. Moore Of Alamance County, arrested by
Col G. W. Kirk, commanding State Militia, by authority
Of Gov Holden. 1t will be remembered that when the
writ of habeas corpus served upon Kirk he refused
obey it, giving reason that he was acting under
orders Of his superior officer The Raleigh papers give
the decision of Judge Pearson in full from which
make the following extracts and statement of the case
The counsel for the prisoner Moore, submitted two
notions l. For an attachment against g. W. Kirk for
failing to make return For writ TO be drected 10
the Sheriff OF county, commanding him, with the
power of the county If necessary TO take the prisoner
out of the hands OF said Kirk and have him before the
After reviewing the fact that the Governor had de-
clarcd the Counties Of Aamance and Caswel were IN
of instruction and the extent OF the powers con-
ferred upon him by the Constitution OF the state, he
grants the Governor the right TO ADOPT measures ior to
reSOred to in this were not proper and that the de
tpntiOn
the Declaration of Rights. The Constitution should be
construed TO allow military possession OF county
taken and the arrest of all suspected persons to be
made by military authority, but requiring the persons so
arrested TO be surrendered for trial TO the eva autO
ties habeas corpus should they not be delivered over
without the writ In accordance with this view he de-
clares his opinion on this point.
AS to Kinks refusal to obey the writ the Chief Justice
says:
SucieHt grouse? The affidavit sets out that Col Kirk
put his refusal on the ground that ne had orders RON
state obey the writ. His Excelency ayows that
Col Kirk acting under his orders SO we have this
case Col. Kirk is commanded by the Chief Justice TO
produce the body. He is ordered by his COMMANDMENTS
chief not to obey the writ What is the man to do He
elected to obey his orders In my opinion, there
sufficient excuse for refusing to return the writ Inc
The proceeding is by rule to Shog cause why an at
achment should not issue. And yet was urged, with
Kirk up contempt of the Chief Justice in this the
was served said Ten them such things are played out;
have my orders from Gov Holden, and shall not obey
the writ; will surrender them on Gov. HOldens order,
but not otherwise unless they send sufficient force to
language Of rude soldier and not as courteous as we
usually find in judicial proceeding The motonfor rule
to show cause for this contempt is not pertinent to the
matter now hand. The evidence on which it rests
into an affidavit service to excite prejudice and the
motion made at the instance Of who Is under arrest
for the horrd crime OF murder by midnight assdssi.a
The second branch of the motion that the power of
the county be called out II necessary to ana IN taxing
the petitioner by force out Of the hands OF Kirk is as dit
OF solution the fSt. The OF the county,
or posse comttdtuS means the men OF tne county III
which the writ is to be executed-in this instance Gas
WELL and that county Is declared 10 be IN state OF IN
surrecon Shall insurgents be called out by the person
who is to execute the writ, TO JOIN in conflict WIN inc
military force OF the state III Is sau suulceLt loI
will volunteer from other counties; they may belong TO
the association, or be persons who synpathze WITH ~
But the posse eOmNdtuS must come from the county
where the writ is TO be eXecuted IL would be illegal 10
take men from other counties; ths rs settled law, Shh
Again. every ablebOdied man IN the stare DoI0hgs 70
the militia me S9Veror u pS ~ M nc sfstn Art See
M
so the power OF the county h nXiGc Shall g cc
are uhder te m ioato with force tbc orders Of their
men be required 10 lodie WIN S ~ ~ 49,
ColnnanderlhC anu UV ~ s6,t tia ,VbnIo ,bVs
that already in the neldf IN snort tne "hOle p 81
car power ~ t1e r 10 indicioTv has only moral
@ Nv The theory of the constitution there can be
10 conflict between these branches of the Govern
M writ Will ne directed 10 the Marshal of the Supreme
C% Nb insfr1ctions 10 exhibit il and copy OF this
Court WIN M TiIenc the Goyrrnor If he orders
9pnotn ~ az 20 ~. Delivered 70 the MARSHAL well if
not following the eAap1S oL ot t me ar sfi
merry man u.s. bornod INV dufV the mower of the
Pao 200, bsnsted and the responsibility must rest
JudlcliIS Is eAlauS'ou' IN" 'o F
Oh tue Executive
REPLY OF GOVERNOR HOLDEN
pxrcrrrvr DEPARTMENT. RALEIGH July &c. 1870.
~ =, ~, - =, D,.,so< l,6;ef I,,,bce of The S,oreUoe
court OF Norm Cdroi"d'
SIR: have had the honor to receive by the handS Oi
in the matter of A. G. Moore; and the Marshal has IN
formed me of the writ his hands for the body of said
Moore now in the custody Of my subordinate officer
Col George " Kirk.
l Counties
g. t 80 ~ inenrrection and have taken military pos
session of them This your Honor admits had the
~ oIl This "hn ~ do all things necessary suppress
the insurrectinn" including the power TO arrest all
snsnected persons" in the aforementioned counties
Your Honor has thought proper also to declare that
the czsns of the counties Of Aamance and Caswc are
fus,0cnfs as the result Of the Constitutional and lawful
action of the Executive and that therefore, You VIII not
se inc writ for the production of the body OF Moore To
80 of tho men of the said countless that the posse
coJgfus must come the county where the VIII Is
10 Inc executed" and that any other means would be
| ~,
have official and reliable information that IN the
counties above named, during the last twelve nOnhs
/ hr,I