Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1872-05-17

NJ Richardson was at once dismissed 1rotA
.osco os Private Secretary and published
a card declaring he bad sent the telegram
without the authority, consent VI eoSN''
zance OF the Governor
On the 18th of July, 1871, the "holessAle
arrest and imprisonment OF cltlzehs III Ala
nance and Caswell, by military power
without any pretence even Of authority, IN
I.,r VOC bepuu.- On the 10th of July, 1870,
writs of Habeds Corpus were issued Dy
Chief Justice Pearson directed To klrk.
Kirk refused to obey them and ordered the
,aners 10 be taken back with the message
that " such things had played OUT .
On the 18th of July, 1870, Governor
Holden wrote to Kirk as follows: There
8. are MANY more arrests to be made, but
&C the next list will be furnished to the
g -Jrdce Advocate. The Court must as
@ semble OH Monday, 25th of July. Some
{. of the Caswell criminals are escaping
al want you to exercise sound discre-
g ton as to such arrests in Caswell not on
the list you have, as may be necessary"
q The Company in Dallas, CASTOR, will
{. be under your command, W. S. Mckee,
:. Captain. He will be mustered in to-
:. morrow. 1t will be we'll to let them re-
main in CASTOR, as their votes will be
{: needed, andthey can have control over
:. CASTOR, Lincoln and Catawba. Twenty
. or thirty ofJyour nen should be sent to
Shelby, Gfeaveland County, to keep an
eye on Plato Durhan's friends and pre-
- vent intimidation of voters.
1" The lawyers are exhausting every expe-
" dient, but they will fail. This is their
''last movement. 1t is important that the
g Chief Justice, who is substantially sus-
. tanning me, should be very courteously
g treated in the person Of his messenger.
g You can confitle fully in Mr.. Neathery,
g and l wish you to send me list of pris-
proofs in each case. L want to know the
d" evidence in advance of the Court
On July 18th, 1870, the Chief Justice in
quired of the Governor if the arrests and
imprisonment of the prisoners by Colonel
Kirk were in pursuance of his orders. On
the 10Th of July, 1870, the Governor in
formed the Chief Justice that Col. Kirk
was his subordinate officer and was acting
under his orders. Tbcleupon Chief JUS
tice Pearson officially and judicially de-
clared that Kinks insolent, defiant conduct
was merely" "a fippant speech Of rude
soldier" that lie had sufficient excuse for
| refusing to return the writ, that the prise
ners were really in the custody OF the Gov
| error and that if the Governor refused to
surrender them there was no remedy, for
THE POWER OF THE JUDICIARY WAS
| EXHAUSTED"
On goth July, 1870, Governor Holden
wrote to the President, stating the condi-
ton of affairs and predicting that the Chief
Justice would substantially sustain him
! On the 23d of July, 1870, the Governor, as
Chairman of the State Radio al Executive
Committee, telegraphed to Jcln W. For
ney at Washington ity, as follows; :" Hd-
g LedS Corpus case just decided. Chie1
"Justice Peason substantially sustains the
" State Government and refuses to inter
fere."
On both July, 1870, Governor Holden
having been notified by the Chief Justice
that the Court considered the prisoners il
compel him to obey the writ of hdbeGs cor
pus, refused to surrender them. In rub
fishing this, the STANDARD, the official Or
gan of Governor Holden, said " We hope
all citizens will read it and be satisfied tina
peace will now be sustained by the join
harmonious action of the coordinate
branches Of the State Government. sustain
ed by the no+ional power
On 18th July, 1870, Governor Holder
wrote to Kirk as follows: 81 have though
'' it best, mainly on account Of the pend
eng election, to postpone the Court Mar
" tial until the Sth August. 1t will Ger
Sc tainly be held at that time. will motif.
you in time as to the necessary arrange
d" ments.
81 SEE AND HEAR OF NOTHING IN YOU
:. ACTION THAT IS NOT DESERVING OF
g CoMMENDATIoN."
During this month, when there seeme
. no relief fIoTn any other quarter, Hon
BEDFORD BROWN, Of Caswell, a man flu
. Of years and honors, made prilgrimage t
the Capital of the country, to appeal t
President Grant in behalf Of civil i5ert
and the life and liberty of his fellow-citi
zens. He found the President not in Wash
ington, but at Long Branch, who refuse
> to have his pleasure interrupted to give
resnertti1l consideration 70 tha aDDeal {
this venerable statesman. Mr.. BROWN re
turned homo only to find others of his pee
= pie confined, and preparations for their tris
by Court Martial.
The coast now seemed clear. The Court
: of Justice had been closed. in all the Ian
there seemed no help for the poor prison
ers swelterins during the dog days in filth
+, dungeons. The privileges Of the great WI
: of habeds corpus had, by the cowardict
conniyance or corruption of Chief Justic
Pearson, been practically suspended will
e - ia assistance Of the President, whic
s oniy 1o" -nn the Governor la
declared to be necessary. ---.,,;o "
Holden now ruled as a military u.s. rr,,,
ii with the power Of life and death in h
. hands, and not as constitutional Cove
nor in North Carolina.
Il On the Sd August, 1870, Governor He
Il den wrote to Colonel Kirk as follows: g
i q should like to have the names of Office
1 :: in your regiment, who will be suitab
10 q to compose part Of the Military Coul
The pending election, and the necessi
II / II - tboa 0fficops IN % absent Z