Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1871-04-07
RESOLUTIONS Concerning Richmond nj
Chief Justice.

j~n NAAdtEAst Ahe CCn6tItutICn OF North
Carolina provides in the Declaration Of
: "Section Q. All power CT aaspendne
laws or the execution Of laws by any au,.
tholity without the consent Of the repre-
sentatives Of the people is injurious to
their rights and ought not " lie exercised
Section 10. General warrants, whereby
, any officer or messenger may be com
manded to search suspected places without
evidence Of the act committed, or 10 seize
any person or per ons not named. whose
otense is not particularly described and
supported by evidence, are dangerous II
liberty and ought not to be granted
Section II. No person ought to he
taken, Imprisoned, or dis3eiZed of his freq
holH liberties: or Priyile& 3. or oullawed,
or '%iled, or in any manner deprived of
his lie, liberty, OF property bnt by The law
of the land" sw.rf en- Fea-.a
! Section Is. Every person restrained al
| his liberty is entitled to "a remedy to lrunirc
| into the lawfulnCss hereof and TO rem0ya
the same if unlawful and such remedy
ought not to lie denied or delayed"
Section q. The privilege Of the wit cf
h05eaS corpus shall not be suspended
/ Section 30. All courts shall be open,
and every person for an injgry Done him
| iu bis hands, good, person, or reputation
| shall have remedy by due cours. of t....
ana right and justice uim'ui .crc,. without
| safe, denial, 90. as y
! And rhere,s, 4; D..a,.l. e th,s General
/ Assembly, tor or about ire s.xtcnath
Ga OF JAY. - tbs Ee-r 81 "ar Lcr. one
thousand iSLt LU- 'yad ai ii 81 Ne. t., Iicl-
mon1 III. PsArsur, CAiei jus.4ce # this
state, gtaute3 ana leauel lll5 wait o: ha-
| 6eas corpus IN htLalI and at the instance OF
Adolphus g. Moore, ,Leu hl,I and detain
ed and deprived Of Lis liberty without any
warrant or lawful authority by one Georcc
| Kiptr uJI,f oh col yryyit i 4,1
said George w. Kirk, commanding him
forthwith TO produce the body Of the said
Adolphus G.. Moore before the said Chief
Justice at the chamber Of tue Supreme
Court at Raleigh, together with lie day
and caUtc of his caption and detention
that the eaid George ". Kirk WAS duly
served with the said wit Of haGcas cOrl,tE.
buu he refused to make any return Of tho
same, and declared ia terms most insustiDc
to the said Chief Justice and the process Of
the law, that Lo would Lot make return Of
the same and produce The body OF the sAi6
Adolphus @. Moore before iLe said Chief
Justice according 10 tho ,Xjgaucy Of tho
said writ, aud that these facts were made
duly to appear to the said Chief Justice
And achereaS, 1t further appears that the
said George w. Kirk nanIfestly made ~
reasonable or lawful, or any excuse to the
said Chief Justice for such refusal TO make
return of said writ according 10 the ext
gency Of the same :
|. Ind acbereaS, The said Richmond NJ
Pearson, Chief Justice a!ort said, on rp-
ElioatiOn daily made to him in that belali,
refused to order TO issue According to law
the writ Of attachment HEaiass tie sad
G-Orge w. Kirk for such refusal to maxi
I turn Of SAID writ, and 10 compel n due
return Of the same, but iustead of grant
/, iDg such writ of attachment or any remedy
ag ,Iust the said George w. Kirk. did, III
violation Of principle anip Uniform preca
dent, abd contrary To the conran of law.
address letter I, William w. holden,
Governor OF this H'ae, asking him if Il"
would Hv ~ MS act tho act Of tee iii
/, George w. Hlrk, III 30 refusing To leturn
Il and obey said wcie, and d 4 le va the said
Adolphus q. Moore remedIep4 in fho mat
ter of such imprsoumert If lin by the
said George w. Kirk hecansr as the said
Richmond NJ. Pearson, Chief jus .ic8 rs
a'rresaid, declare, of the nuaawfni inter
position of the SAID Wilton W. Hoiden
which unlawful interrOsi'iUn III the sail
William w. Holden was mud. man fest by
a correspondence betweeu himself aud the
s I'D Chief justice, lnvitet aph n. ought
about by the Chiol Justice.
And arhereas, 1t further :. ppacra tina the
said Ric mond NJ. Pearson, Chief Juetic,
as aforesaid, dill, on or abont tLa twenty
third day OF July, in tho yelr Of Cnr IOr1
one thousand eight hundred and seventy
- at the instance and in behalf of the sad
) AdoIphus q, Moore. in pursuance of tho
, letter and imperative Injunction Of the
statute III that behalf, issae n prccept al
rected to David a. Wicker, Marshal of tho
r Supreme C"urt of this Sta o, connmandin.
| him to bring forthwith before him, the
said Chief Jnstico, the said Adolphus y.
Moore, wherever to be found, and did de
} liver the said last mentioned precept t.
| the said David A. Wicker, Marshal az
aforesaid, but with instructions on th.
said precept in these words, to-wii: on
g structions. You will wait upon his Excel
. lency the Governor, exhibit 10 him TIN
> writ. and copy Of the opinion in Moore
case and make due return 10 me.
II. M. PEARSON.
Chief Justice Supreme Court"
And further instructed that the aid mas
shall should not execute said precept uu.
less the said Governor would allow him 10
do SO, and the said precept, in pursuance
OF said instructions from said Chief Justice
was returned uneXecuted
Anu soAeredS ltfurther appears that Jo hh
, Kerr and moro than twenty-five other per
sons held, detained and deprived of Their
liberty by the same Geo. w. Kirk, withor.
any warrant or lawful authority and in
violation and 6uDversion of the cnstitu
}, ton and laws Of the State, made like appli-
: cation to the said Richmond III. Pearson
g On1eI JusCce as aforesaid, and were in like
r manner denied relief according to the con
q stltutlon and laws of this State
Z and UheredS such action of tile said
s Chief Justice was most extraordinary ana
v without any action of law or pfecedcn,
and manifestly tended to deprive the Sal /
G Adolphu5 CT. Moore, john Kerr and sail
!. other persons Of the benefit of the writ OF
r hd0eds corpus and the means provided ~
O law for tue enforcement of the sane
whether so intended by the said Chief Jus
tice or not
And ochereaS, Such course of action
On the part of the said Chief Justice Wa
O most extraordinary and subversive OF
I those provisions of our Declaration OF
Rights guaranteeing the liberty of every
t citizen under the law and is nanifestly
dangerous to the liberty of the people
Il And achereaS, 1t is the high and solemn
{ duty of the Representatives of the people
to watch and guard, with jealous care,