Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1871-02-10

surrection which is not insurrection In
the exercise of the discretionary power
vested IN the Governor 10y the Act of As
sembly, had he the authority to declare a
county 10 be in state of instruction,
when there was no Instruction. For the
, abuse OF such authority, even if it we're
properly bestowed. would he not be
ameanable TO the Court of impeachment i?
These questions carry with them their
own answers. It is not within the pro-
! vince of the Legislature TO construe and
declare the meaning of Acts of Assembly
which had become law, except in certain
} except1onary cases. See Houston rS.
Boyle, fredel 496, and cases cited This
10 the peculiar province of the courts
Much less is it within the power of the Lee
gislature by any acts of theirs to declare
the meaning of an article in tue Oonstitu-
ton and If it cannot define, how can it
altar, modify or abridge its meaning IF
such was It's purpose, which is not be-
heved, III passing the Acts of 1S69-'70, its
action was unconstitutional, and the Act
itself is nullity.
The Legislature cannot give to the Con-
stltutlon a meaning not intended by the
tramcra OF that 1nstrument-put upon an
article thereof a construction which it will
not bear pronounce that to be insurrec-
ton which Is not insurreotion, and SO en-
courage violation Of law of the land and
| the liberty Of the citizen. We shall Insist,
therefore, that in this investigation it will
not be competent to give III evidence, any
state of facts, which do not go to make up
resurrection as already defined.
We are prepared to show, on the con
trary, that there was nothing in the condi-
tIon OF the counties of Alamance and
Caswell Which goes to fulfill the conditions
OF an instruction. There were no upris-
! 1ngS of the people to resist the enforcement
OF the laws or the officers of the law. The
people OF those counties were in complete
5ubordination to lawful authority The
| DuSlneSSOf the country was not interrupted.
The farmer was in his fields-thc mechanic
was in his workshop-the merchant behind
| his countor-the minister of the Gospel in
the pulpit. The officers of the law were
! III the undl6turbed exercise of all the func-
I tions of their Offices The Justices courts
were opcn-the courts Of the Probate
| Judges were Open-the Offices for the reg
lstratlon of deeds and conveyances were
open the sheril1s and constables executed
! the process of the courts undisturbed, -
regular terms of the Superior Courts were
held, and at no time and no place SO far us
| IS known, was there resistance by any body
Of men to the officers of the law.
Is 1t n sufficient answer to all this to say,
that III Caswell county State Senator was
secretly murdered i'll the day time, and
that III Alamancc county ono man was Sc
|
end others secretly whipped ? How do
these cases vary from similar ones occur
ring IN all parts of the country every year. |
and Ia every month in the year? Why |
should the secret murder of Stephens in |
| Caswell, or Of Outlaw in Alamance, con-
stltute instruction in those counties, |
more than the secret murder Of Nathan in
the city of New York should put that city
IN q state of instruction And why |
should the military be called on to ferret |
out secret crimes ? Have the men who |
usually belong to military organizations
any peculiar aptitude or fitness for such |
duty more than the sworn officers of the
law The men sent to these counties were
peculiarly qualified for the preparation of
outrages upon the persons Of unoftendiDg
citizens, and of suspe cted persons, and by
threats, intimidations, hanging by the
neck, and other like means to extort con- +
LESSONS from unwilling or innocent wit
nesses.
The civil authorities are more compe-
tent and better qualified to detect and
bring to justice secret violators of the law
than the military. Especially must this
be true if the military must do as the law
requires, turn over offenders when arrest
ed to the civil authorities for trial Even
If military aid had been wanting, there
were, We expect to show by the evidence,
companies of the United States troops sta, {
toned IN both these cOuLties sent there
by the Governor Of the State before and
after the organization of these forces.
Mr.. Chief Justice and Senators, it is {
charged IN the fifth, sixth and seventh ar {
tIcles OF impeachment, that the n Hilary {
force organized. armed and equipped by !
and sent under the command I
Of one George W. Kirk into the counties 8
of Alamance and Caswell, were unlawful l
troops al armed force not recognized by t
the Constitution of the United States. nor
by the Constitution and laws of North /
Carolina. q
MIR. Sparrow then cited numerous au- I
thorities to show what constitutes lawful .
troops or militia, as meant by the Consti- L
tuition and laws Of this State and United {
States. /
Was this the character of the force or |
ganlzed by Governor Holden, and sent {
into the counties of Alamancc and Caswell? t
We are prepared to prove that these men b
were not organized as militia under the i
militia laws, but were raised rs an indie s.
pendent volunteer force, recruited mainly Il
from one locality in this State and an ad- {
Joining locality IN the State of Tennessee. "
and that the Colonel, Lieutenant Colonel | T.
md Major of one Of the regiments were g
all men Of desperate character from the g
State of Tennessee. And very many Of {
the men recruited were under and over the q
stitution. Neither III the Constitution of "
The State, nor in the acts of 1868, nor in h
5he Shottner ACT of 1869 10, is there any al
provision for the character of troops raised p
~ the respondent AMI commanded by tt
ieorge W. Kirk, called state troops p
such military force was not only author to
zed by the Constitution of the State, but Of
vas organized i'll express violation of the e.
st article Of the Constitution of the United al
States, which declares that 'no State shall, n
without the consent of Congress, keep hi
rOops or ships of war i'll times of peace" b.
The third and fourth articles of i'm W
,eachment charge unlawful arrest, de. W
ention and imprisonment, by order OF the to
espondent, as Governor, of Josiah Turner, d.
r., In the county of Orange. and of John &C
Kerr and three others in the county of tn
}agwell, without any lawful warrant or au- b'
hority. A
Was the arrest of these men unlawful ~
Vas IL ponSo hx, or5or of Abo ~oc,11nI~~k al