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

cestfy for us thus lightly TO deal with the
subject The respondent had tho right
and it was bis duty under the act of the
Legislature, which has been relied on for
his defence, whenever he thought it was
necessary TO aid the ''civiI authorities in
any county to ':protect its citizens in the
enjoyment of life and property" to organ
| ize legal force, such as the law author
! lzed him to organize under the militia
laws OF the State, and send them in aid OF
the ''ciyil authorities" and in subordina-
ton to civil authority. For the Oath sec
ton of the LIST article of the Constitution
of our State emphaticaily says "A well
regulated militia being necessary to The
security of a free State. the right of the
| people to keep and bear arms shall
not be lnfripged ; and, as stand
ing armies IN time of peace,
are dangerous to liberty, they
ought not 20 be kept up, and the mil
t.ry should be kept under strict subordi-
! nation to, and governed by, the civil pow
er." Crimes were committed, it Is shown,
| III the counties of Alamance and Caswell
of a character calling for extraordinary
diligence on the part OF the ''civil authorl-
ties, aid it as the duty of the Governor
of tue State to use all proper power to aid
The civil authorities in bringing these caI-
prits to Justice; but.the language used in
the pr9clamatIons of the respondent ex-
| hibit par:izan feeling unworthy of the
high dignity of the office to which the
people of the State had called him, and
disclOses d motive utterly inconsistent
with honesty Of purpose.
But l have perhaps said enough on this
charge, and L therefore pass to the fifth
charge embraced under the head of the 7ih
article of the impeachment, and this and
the charge contained in the eighth article
1 shall notice very briefly, as I have taken
more time in considering the preceding
than l intended.
[ have already said that the Governor
would have been justified in raising, or
rather organizing the militia in aid of the
civil authorities IN Alamance and CasweD
He could do nothing more than to sen d
such force as be might. by law, be author
lied to organize in aid Of the civil an
thorities. George w. Kirk he knew to be
a desperate character, and offensive in
every respect, snd that the respondent
employed him for the purpose Of stirring
up strife, aud TO produce civil war
in our Stte. by provokiGg the coed
people Of he State boy ond enduraocs. I
do not believe any honest man can
doubt. That be had no power, as he
did, to call into his service citizens of
another State, organize them into an
army, and use them for the perpttrati IL
o. untold Outrages and crueltles on our
citizens as the evidence shows that he did,
and draw his warrants on the Treasurer Of
the State TO pay 70" their services out CT
the har-earned taxes of the people. every
man who understands the Constitution and
laws of the State I think must admit. [
will not therefore say more on tti> charge,
but will pass t. the last and sixth charge
contained in the eighth article.
Did the respondent, ''wickedty III end
ing to Suspend and subvert the laws OF the
State. and to DEFY and disregard the law
full authority" Of the Court ''persuace, in
cite, order, procure and command A. ID.
Jenkins 'to defy and disregard the writ
of in Ut ction." and 10 deliver tn money
in his hands to another agent Cf the re-
spondent to be used for the uulawfui pur-
poses alleged in the eighth articles.
[ shall enter into DO details OF the evil
/ dence to justify my vote on this charge.
1t is satisfactory to my mind, and be-
lieve to every unprejudictd mind; and [
can see no legal Justification for it. Hav-
ing discharged what I conceive to be sim
ply high and solemn duty, I offer no
apology to any one, and can only say if I
have erred in my opinion of the law. it is
an honest error. aud. being ia the interest
Of Individual liberty, may be pardonab!e
III q devoted friend 10 the personal liberty
Of TIE cit z-p.