The New York herald., 1870-07-23
NORTH CAROLINA.
Additional Details Of the Civil
Conflict.
Operations Of Colonel Kirk and His Banditti-
The Habeas Corpus Cases in Court-Return
to the writs by Kirk and Holdsn-Ar.
rest Of Eight Prominent Citizens-A
(. Man Whipped Five Miles,
RALBraH, July 10, 1870

RALRIaH, July 10, 1870
Colonel George W. Kirk, commanding the 8, ate
troops, raised by order OF Governor Holden, Still
continues TO wage upon the derenceess citlzens
Df Alamanee and Caswell counties with unaoated
tyranny. The intelligence received here rom the
latter county Is Of a most alarming character' ana
5ustlaes the belief. now so widely prevalent that
Holden will be successful In driving the people 10
desperation and precipitatiug civil conflict. This
Is the whole aim OF the Governor in view OF the ap
preaching elections In August and he is strength.
ened in his designs and cooperated with by all the
leading radical oiceholders in the State and by the
two Senators who represent the State in the national
Legislature at Washington. II the citizens should
any OF the counties arm themselves TO resist the
Oppression OF the bandit Kirk and his band OF
heebooters, and serious, bloody conflict should
RESULT Holden would then declare the entire State
In insurrectiOn; martial law would follow and The
August elections for the Congressional delegation
and State Legislature would take place under the
Supervision OF Kirk and other military despots and
would be carried for the radical candidates at the
point OF the militia bayonets. Such is the pro-
Yramme of Holden and his abettors. Under any
pther circumstances the fate OF the radical party in
this State is sealed An election IN the ordinary
manner, as the laws OF the State prescribe, would
chronicle an overwhelming defeat OF the radical
party and 1t is to subvert this foregone decision OF
The popular voice In the State that Governor Holden
bas first plotted outrages in the name OF the Ku
Kux, afterwards declared certain counties In
state Of insurrectlon, and lastly sends horde OF
East Tennessee banditti to inaugurate civil war,
lisa forlorn hope to accomplish his Infamous ends
THE HABEAs CORPUS CASES
came up to-day before Chief Justice Pearson. Kirk,
It Will be remembered, arrested In Ala nance James
10. a
ture; q Mr. Moore, Mr.. Hunt, Scott and Ireland,
without any warrant or legal precept or without
even q charge against them. The Chief Justice
granted on application Of counsel writs of habeas
corpus for the persons named, commanding George
w. Kirk produce the bodies Of each Of them before
The Chief Justice. in Chambers at Raleigh. lmme.
Is an extract from the affidavit Of the officer who
served the writs on Kirk, and which Is regarded
Kinks
RETURN TO THE wRITs.
A. =. McAlnster makes out that ne delivered to
George W. klrk, who was ct the time apparently m
command OF large body OF armed men, ihe writ Of
ihabeas corpus, OF which the paper w.ltlug hereto
attached Is true and perfect copy-"That the said
George W. Kirk said, on receiving the SAID writ and
hearing part OF the same read TO him. and learning
what the same was and inspecting the signature 10
The writ that he could take no notice OF such
papers; that they had played ont.' That he Was
acting under orders from Governor Holden, with in
said take the back al peS tell them hat ae
court has been appointed to Try them Qmeaning the
men III Custody: tnat he would surrender them Oh
Governor Holdens order, but not otherwise. unless
they sent sufficient force to whip him ami take
them meaning the persons mentioned in the several
writs) away from Dim.' He said to person appear
ing to be subordinate Of his, Il told you il any
such papers came not to allow them to be brought to
me-
After hearing this remarkable return to the writs
the Chief Justice remarked TO counsel that he had
postpone the further consideration Of the case until
his reply was received.
HoLDEN's RETURN TO THE wrITs
sol for the Executive appeared and read The lol-
lowing letter In reply 10 that Of the CnefJustIce:-
EXECUTIVE OFFICE, RALEIGH, July 10, 1870.
70 me Hon RICHMOND NJ PEARSON Chief Justice Of North
sE~Your communication of yesterday concerning the ar
rests made by Colonel George w. kirk together with the
respecully reply that Colonel George W. Kirk made
M was aa dehs y s 5 NAMED I'd S
liver the prisoners No before me in the
soaa;lon :. alsmsSss e,as! parts r.
strong powers vested IN me BY law 5avs been forced to de-
caro them In state Of instruction.
IN supprsssng this tresson have issued proc!amscn M @
n,er to he people Of the Stale 70 break
civil to restore peace and order o al v1n Ts
set at nausht the civil courts Longer
ana ars 70
afraid to perform their functions
Of night like the he valley OF
death @ the dare not esp s roofs At night
woods until day ' - '
Thus civil government crunbng around me- deter.
mined to nip this new treason in the bud.
By virtue Of the power vested ~ the constitution and
belongs to all governments proclaimed The county Of
KIRK commendlng the military IN that county made
1SS n BY S my y or aGes 1 %
satisfied that the pqolic Interest requires That these military
de;y0.; hope ta. the time may ee short when restora
the presence Of military force and the enf mill
ss1y law % cv When that mo shall Srrxs shs promptly re-
The Chief Justice then requested tna Councl to oo-
serve in their argument the following points, in Or
the facts set forth by MS Exce lency show that
Colonel Kirk had a reasouabis excase for not maxi
Ing return to the writsY Second-Do the fcts
show state OF tnings OF such imminent peril as 10
require the su pension OF the writ or habcas corp 81
Third-Shouid not the act .! !s5s-9 oe construed as
subservient to that clause of the constitution author
1zug the Governor to call out the mlta t0 suppress
riots and insurrecion III counties Where the Cover
SESSION. Fourtn-If so, should the writ be directed
to the Governor?
Arguments were then made by the counsel for the
petitioners upon the questions involved, after whicn
the court adjourned Tomorrow the counsel for the
Executive will be heard in this remarkable case.
THE AFFAIR AT YANCEYvILLE,
in Caswell county, Is oae OF the most unparalleled
ourages ever perpetracd Within the limits Of a
country pretending TO have q civil government. On
Monday morning large crowd OF both races had
assembled IN the Court House 20 hear addresses by
the candidates for C0Egr S. and others OF both poll
tical parties. The ralieal Candidate had spoken,
md ex-Con edcrate General leach was about TO re-
ply, Wneu Lue COurJ iOuSS Wds sWlouuoesi Dy Il
large body or armed men, Numbering sv TWO nun
dred and commanded ~ tie Jt0rOus Colonel
Kirk. Unable 10 comprehend tue maaning OF such
proceeding, and as II some panic maj seiz ID them,
the crowd rushed i0r the doors and endeavored to
pass the Gordon of soldiers or reebooters by which
they were hemnicd In, but they we forced ba k at
the point OF the bayonet Several men at
tempted to escape, anu were Knocked down. KICK Il
and dubbed in a fearful manner, and Two
had to be carried Off on litt.rs. After order
was restored Colonel Kirk himself entered the
Court House and permit ID all those who were mot
wanted to pass out. Some eight o, the most pro.