Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1871-02-24


RALEIGH, n. c., Feb. Ia. 1871.
Dear Journal: have not been in the
regular receipt of your paper for sometime
back, and may have been anticipated In
the matter of this letter by other and bet
ter informed CORE spondents. Neverthe-
less, I will venture few paragraphs which
may possibly be of some interest to your
readers.
am somewhat pc'ined to the opinion
! that the impeachment trial of Gov. Holden
/ does not excite great public interest. 1t
! is true that the galleries and Hobbies are
generally crowded during the sessions of
the impeachment court, and, WREN the
weather permits, about a dozen ladies,
some of them not only fair, but beautiful,
elace The scene. But there seems TO be
M impression that the result of the trial
is a folegone conclusion, aud hence that
interest does not attach to it that would be
excited by doubtful contest. The Sen
ale, however, has acted with evident fair
ness, and has given to the counsel of Gov.
Holden patient and respectful hearing
on all points that have as Jet been de
| bated.
A very animated discussion on the ad-
instability of evidence occupied the three
irst days of last week. It arose on
| question as to the existence of ku Kiux
organizations in Alamanoe county. This
was objected to by the managers, on the
ground that no secret organization, be its
purpose what it will, constituted an in
| no mo Of
the Constitution, and that Governor
Holden could justify only by proving
an open, armed, resistance to the law. -
| This was the sole point in dispute If the
evidence had BEEN ruled out, the respon-
dents case must have closed. The point
was debated by Graham, Boy den, Merri-
mon, ConIgland Bragg. Smith, Graham
and Boyden, in the order named-the two
last spoke twice on the question. The Sen
| HneI represented the second speech of Gov.
Graham as the great speech Of his life 1t
| has, I presume. been carefully revised, and
| is, undoubtedly. an able argument, but more
appropriate as summing up, than as elu-
cidating the point in question. 1t has just
appeared in print, although it was due on
| Friday last
At the close Of the debate a scene of
great interest occurred. Gov. Bragg arose
| and expressed the opinion that the Chief
Justice should decide the point without
| giving any reasons therefor Some Of the
Senate insisted on decision of the ques-
ton by the Court at once. and in the first
instance while others declared that the
Presiding officer should not only decide,
but file his opinion also. Had the vote
been taken then, it is doubtful what the
result would have been, but the Senate
| adjourned. I'D on the next morning, when
| the Chief Justice decided the evidence TO
be admissible, as If by d common under
standing, not a dissenting Voice was
| heard.
| In the course OF the debate the Counsel
| of Gov. Holden insisted that it no
part OF his duty to enquire into the con-
siitutionality of the Act commonly known
/ as tLe E'ShotTner Act" on the other hand
the manggers insisted that the 1 ct WIS IN
constitutional, AMI even if the respondent
| had acted in accordance Herewith, which
they did not admit he would be guilty..
| TAeroupon the Counsel of respondent
asked the managers if Gov. Caldwell should
| thInk proper to disoboy the Convention
| Act, alleging its uuoonstitutionality, would
| they impeach him--lf they would i'm
peach Holden for obeying all act, and
| caldwell for not oheylng an act. No re-
| ply, that am aware CT, was made on
| this point. But it is remarkable that the
very case has occurred, and that Gov.
Caldwell has refused to obey the Act. -
| What the House Of Representatives will
| do remains to be seen, but presumed that
| the duty of making proclamation under
the Act, will deyolye on the President of
the Senate.
| The only other point Of intert st arose on
the question put to Senator Giimer, wheth-
er he knew of any ku-kInx organizations.
| This was objected to on the ground, that
| the question must be coEtint Il to Alamance
and Cagwell counties. fhe Chief Justice
| decided that the evidence should be adj
| mittGd, bnt the Senate owe rruled him.
Senator Gilmer was, however, allowed to
| answer that he did not know OF any suoh
| organizations anywhere save from hear
! gay, Senator Graham, of Orange, an
! swered 20 the same effect.
! The trial is somewhat tedious, inter
spersed, however, wiFh spicy debates upon
! admigsibility of testimony. Tho evidence
! on the part OF the managers is to the ettecp
that, at the time when Gov. Holden de-
clared Alamance and Caswell in insurrec-
ton. peace and good order prevailed
| throughout that whole section ; that the
. Courts were open, and that there was no
| obstruction to the execution of proces,
civil or criminal. But as TO the guilt or
| innocence of Gov Holden We must reserve
| an opinion until the testimony in his be-
! half Is in, then an intelligent judgment
| can re rendered. Altogether the whole
situation here is becoming interesting
the impeachment trial, the Convention
Act and the action of Gov. Caldwell apon
| it, have produced state of public affairs
| which demands the exercise Of discretion
| and wisdom OF the part Of the legislative
body.
1t is supposed that the impeachment
| trial will yet occupy four weeks, If not
| longer. The managers have not yet closed
, their evidence, and Gov. Holden. it is
| Gaid, will examine seventy five witnesses.
Ion.
For the journal,