Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1871-04-14


North Carolina, and that the failure on
the part of Kirk to make return to said
writ, &C., WAS done by order of this re
ispoudent as Governor of North Carolina.
No greater crime against the State exists
| in my Judgment than this, save alone
treason This writ is tho palladium
of our libertlee without it our lives would
be at the mercy Of our officers. With it,
our boosted freedom -. indeed. u reality.
| Destroy it's power and our cherished instI-
tutions are emasculated of their virtue.
The benefcent operations OF thi1 legacy
gives to the hnmblest citizen an equality
before his fellows with the most powerful
| officer. No people are worthy OF, or can
maintain their independence, who do not
guard with a jealous care every avenue to
this tower Of their strength. The respond
ent, failing to remember IFS saDotlty, I'd
mits that he undertook to render it inop-
erative. In this be is guilty, in my iudg
meat, Ct high crime. The Governor IS
sworn to execute the law, not to make it
nor to expound it. The troops which he
had IN the field, being illegally organized,
the Treasurer was cpioined from using
public moneys in paying them off. Tho
duty Of the Governor, as If every citizen,
is to obey TIE law ard respect the order of
the Court. If he eVadc8 tho law and defes
the order Of tho Cnur', who in all the
land will give to the law willing
obcdlcDco Yet, in tbis instance,
the respondent cvaded the law
and by Illegal means caused to be with
drawn from the Treasury the subjoined
funds which be wished appropriated to the
payment Of his unlawful soldiery /; calls
into existence an illegally organized body
of troops, uses them for an unlawful pur-
pose, and violates the law to pay them for
their services. Under this charge there
can be no doubt Of luis guilt. The re-
naming charges relate to the arrest of
citizens Of Alamance and Caswell counties.
OF Tie large number arrested there were
mono taken under variants properly made
out, but they wcro seized at tho instance
0nd by dlrtc ion Of respondent with utter
disregard Of the provisions OF the Consti-
tuition. II there had been inaurrcction
and these men had engaged therein, his
acts might have been lawful, but there
was no instruction, and tho capture
aud detention Of ihC9o parties were
without the sanction Of law Among
them were Numbered como Of the
tfuest and most descrving citizens
Of North Carolina; these, with their
nCighbor8 were arrested on the nero mo-
ton 81 his LxcelIency, without warrant,
and 4 far us this Court can discover, with
out d 6Cinti l@ Of evidence duplicating
them ill ATTY violation of tho law. Had
they engaged ia any criminal undertaking
their apprehension might be excused but
there IS not even an insinuation that most
of them had committed any offence known
20 tho law. As for the members Of the Sc
crtt organizations shown to have ex-
listed i'll these counties, they 30 de
serve harsh punishment from tho hands
Ct inexorablo justice. Rot even can the
re spondent entertain for them
greater aversion than myself. But these
societies were the fungus growth Of the
times, aud III checking them, it was crim-
lnal in tho respondent to deprive innocent
citizens Of their dearest rights. The Con
stitutiou and the Etws are worth nothing,
if they can be violated with impunity at
he, arbitrary Will of.cpe man. They arc
Intended not merely to limit power III
quiet times, but FATHER to prevent encroach-
mcnts npon the libart!ts 81 the people
when Reason forslkes her throne, and
passion rules the hour"