The New York herald., 1871-02-09

RALEIGH, N. c., Feb. 4, 1871.
During the past two days the proceedings in tho
impeachment lria nave been OF more than ordinary
interest. Eacn dty, rs new ana heretofore unheard-
Of developments were made, the crowd In the SEN
ate Chamber increased, until lebbtes ana galleries
Rero packed On Thursday, after the usual impos.
bng ceremony on the part OF the door
keeper Mr. j. j. Robertson, OF opening
The court, Mr. Sparrow. chairman OF the
Board OF Manages, opened the case for
the prosecution bs a very elaborate speech. which
j. spoken OF here as effort lar superior to that OF
Manager Ben Butler on the occasion of the trial of
Andrew Johnson. it was certainly delivered IN
tone OF voice thaI did not CRATE upon the like
c0mblnatiOn OF all the saws In Chrisen6om Tor Mr..
bparrow's voice has quite musical ntonation. IL
summarized The articles Of impeachment, quoted
the constitution and laws of the State, together
with many high legal Authorities to show
that the Governor by the commission
OF the offences charged made himself amenable to
law and violated the fundamental law which he mad
sworn TO support and II asserted that the managers
were ready TO make these charges good by proofs
ny which the Govsrlor's ofilcc would be brought
into public contempt The refusal OF the Governor
10 obey the wris or habeas corpus, through Klrk is
treated by the manager at great length, ana he
quotes the following decision Of Mr. Pearson. the
Chief Justice, delivered at the nme:-
declare my opinion TO be, that the privilege OF
the writ OF habeas corpus has not been suspended
Oy the action Of Il EXceileucy; that the uOvernor
Aas power under the Constitution ald laws to de-
clare u county TO be in state OF insurrectiol. 10
fake military possess on to order the arrest OF all
Suspected pei sous ana 10 do a things necessary 10
suppress the insurrecllon, DuI he has power to
disobey the writ OF habeas corpus or TO order the
trial OF any citizen Otherwise tuan by jury. Accord
bng to the law OF the land such action would be In
excess OF his power.
The Tennessee desperadoes employed by the Cover.
nor not only arrested and imprisoned innocent ana
hnofIending citizens like Hon. Jonn Kerr, Hon.
Samuel P. Hill and others whom the people had
h0nored with high offices, but they defed and
tnwarted the action of the judiciary in aordng re-
Supreme Court Of the State ordering the production
OF the prisoners was dlsoDeyed the Court declined
pdoptlng the usual course to enforce obedience to
Its DEGREES. And whyY The following extract from
Q decision OF the Cnief Justice Will tell:-
1t Is h9hiy probable. nay, IN my opinion certain,
that the writ In the hands OF the sheriff with
Ipority TO Cali ou the power Of the county, by which
ne s commanded il necessary, to take the petitioner
out OF the hands OF the military authorities, VIII
plunge the whole State INTO cvil war.
Thus the Governor, by his military not only ex-
ercised a terrorism over the people, but he also
slenced the Judiciary The frequent appeals OF the
Governor to the President OF the United states and
to the Senators IN Congress from this State pro-
cure suspension OF the writ of habeas corpus are
then quoted with telling effect against the accused,
and the manager winds up by q brief recital OF The
history Of the hapeas corpus cases. both before the
State and finally the United States Court, by which
latter the prisoners were released.
Following this the Introduction of
DOCUMENTARY EVIDENCE
was commenced by the counsel for the prosecution
and 1t was declded, interesting and quite voumi-
First all fha 4, thr,pI
nations OF the Governor, burcened with Ku Klux
Outrages and the suherngs or tree American citi-
gems OF African descent, who, 1t was alleged, were
not allowed free expressions OF their political opln.
ions, guaranteed them by an amendment TO the con-
stitutlon known the fifteenth. Then follow the
proclamations declaring the counties OF Alamance
and Caswell In Il state of nsulrection with an ex-
ecutve flourish ot trumpes, asserting that ''these
outrages shal cease. The whole power Of DO h
snail BE- eSerted." Nest MIR. Menlmon aS intro miro
duced sundry military orders anu circulars ema-
mating from W. W. Holden, Governor ana Comman-
der-in.Chlef through one A. w. Fisher. adju-
tant general, authorizing one George w. Kirk
10 be designated the Second regiment to consist Of
not less tnan five nor more than eight companies OF
seventy-nve men each. special order No. details
one Colonel A. d. jenkins, ade-de-camp to the Com
mandern-Chief, as pay master and discussing Of
ncer. telegram orders Kirk to rendezvous his
Special order No. IL nstructs him to take
command or the counties Of Alamance aud
and to arrest PERSONS charged WIN RaDe eones sps
cial order No. - directs Colonel Stephen A. Doug
las aidede-camp tOniy nineteen years old) to pro-
Need to the comrany's shops and muster into the
service OF the state Colonel Kinks Second regiment
OF State troors Tie ney.t order makes Colonel S.
A. Douglas alJutant general during the absence Of
General A. W. Fisher. Then comes an order Tor the
Information and guiuance OF the Army OF North Ca
rOlina, when makes A. ID. jenkins brigade paymas.
ter, X. I. Berry brigade quartermaster, with the
rank and pay OF MAJOR IN the United States army;
John X. Harrison depot qua. termaster, with the
n.V !.
commissary. with the rank and pay of second heu-
tenant. Colonel s. A. Douglas Is then sent TO Yam
ceyvlle as bearer OF dispatches from the Command
er-in.Chef. Colonel Kirk is ordered TO muster his
men for pay. All officers VINO have been on recruit
expenditures, with vouchers. Colonel A. j. jenkins
4 resved as rs. paymaster and J. 3; Neathery ap-
Second regiment OF N. G. S. r., and thus continues
troops after Judge Brooks Of the United ST ates Dis
trict Court had released The prisoners and the war
Mir. Manager Dunnam then produced the muster
rolls OF KIrks re =ment to show that most Of the
men came from the
STATE OF TENNESSEE,
the reading OF which was objected TO by the de-
fence One OF the rolls Was ,hen read alter discus
sion, on the understanding That they were all to be
printed and lald on the tables Of the counsel and
members Papers IN relation TO the habeas corpus
duced, the defence, as usual, obccung aud
lengthy argument followed between the OPP
posing counsel. The Cnei Justice decided that
the papers were admissible, as showing the
motive and animus OF The accused. Senator Moore
srep.) appealed from The declson OF the Ch!ef Jus
tice. The yeus and nays were called, ana the Chief
Justice was sustained by vote OF forty 10 four
Witnesses were tnen examined to identity and
establish the genuineneSs or the records OF the
United States District Court and the Governors
letter book. alter which Mr.. Manager Dunham + cad
the following
REMARKABLE DOCUMENTS
from the Governors letter book
STATE or Norm CAROLINA,
EXECUTIVE DEPARTMENT. RALEIGH, March IA, 1870,
To THE SENATOR'S AND REpREsr NATIVES in riE Con-
Garss or TIE UNITED STATES FROM NORTH CAno.
GESrLEMEN--I have been compelled 10 declare the
county Of Alamance In state of insurrectiop. !
have called the President for nid but he x
restricted by the right Of the writ OF habeas cor
pus. We want military tribunals, by which assns-
sins and rnurd"rers can be sun,mary tried shot,
cannot have these tribunals unless the President nuhor
lied to suspend the haheas certain localities
aid IN cOnferring this power the President ony
= PlsIty .. AlSulAnSe