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

was not the only Judge in North Carolina,
Oh the 9th August, 1870, GEORGE w.
BROOKS, Judge of the Federal Court for the
Dlstr of North Carolina, upon petition of
JOSIAH TURNER, Jr., issued a writ nf bn-
0eds corpus, directed to Kirk. and it was
Wen understood that neither he nor his
Court were exhausted.
Oh TN August, 1870, Governor Holden
telegraphed to President Grant. stating the
facts and saying The officer will be d.
=" rected to reply to the writ. that he holds
the prisoners under nv order, and that
" he refuses to obey the writ. If the Mar
snail then call on the posse conaitatus,
" there may be conflict, but if he should
. hrst call on the Federal troops, it will be
" Tor you to say whether the troops shall
" be used to take the prisoners out of my
hands. 1t is my purpose to detain the
" prisoners unless the army of the United
$ States, under your orders, shall demand
6 them"
This communication was referred to
Attorney General Alderman, who reported
upon it as follows, on 9th August, 1870
81 do not see how the United States Dis
trict Judge can refuse to issue the writ if
the petitioner makes out a case for it under
the hd6eGs corpus act of 1867. advise that
the State authorities yield to the United
States Judiciary" This opinion cf the
Attorney General was telegraphed to Gov
ernor Holden by the Secretary of War.
The triumph of civil law over military
power was now complete, thanks to the
interference of Judge BROOKS, whom North
| Carolina can never honor too highly. But
! for this interference of Judge BROOKS many
of the best men of the State, men vener-
able for age and piety, distinguished for
learning and patriotism, purity and long
| public service, innocent Of even the sem
| blance of crime, would have been tried by
| a Military Court, sentenced to death, tied
! to stakes and shot like dogs or desert
| erS. But Judge BROOKS came to the res
! cue, and Governor Holden became as pow
erless for evil as he would have been had
not Pearson so substantially sustained him
| by refusing to interfere We have been
accustomed to say that the result Of the
election changed Holden's purpose and put
! an end to his military usurpatiOn. Not so.
! The great victory at the baliot-box would
have been barren of results bat for the
interference of Judge BROOKS Governor
Holden would never have allowed the cleo
ton to stand. He knew full we'll the
stake he was playing for. On the
Esd July, 1870, Hon. O. II. Dockery,
while on tie train, en- route for Lumberton,
stated to a distinguished gentleman of
North Carolina that while in Washington
City Governor Holden told him g TIE
| MOVEMENT HAD ORIGINATED WITH
| SENATOR JOIN Pool, AND THAT HE
(HoLDEN) WAS WILLIEG TO FOLLOW
wHFEE Pool LED" Dockery responded
that he was neither willing to follow nor to
endorse the movement; whereupon Holden
stated that GIVE MUST CARRY THE ELEC-
TON ANYHOW His purpose was I'M
changed until he got orders from Washing
ton to yield to the Federal Judiciary.
! On the 1tn of August. 1870. Governor
| Holden ordered Col. Kirk to parol his
prisoners. On the 10Th Of August, 1870,
John Neathery made a forced march, with
dispatch from the Governor, to Rich
mond Hill, the home of the Chief Justice,
revived that PROSTATE public tunctionary,
restored the exhausted powers Of the State
Judiciary, and returned to Raleigh on the
18th, and had everything ready for the
! Chief Justice to receive the return of Col
Kirk and TO discharge prisoners in the
Supreme Court room at ten o'clock on the
| morning of the 18th. But Pearson can
take credit for pronnptness in this, fO
tho reason that Judge BROOKS was already
discharging prisoners at Salisbury as faS
as they could be brought before him.
+ On the 18th Of Dee, 'nbcr, 1870, com
mittee of the House Of Representatives APP
peared at the bar Of the Senate of Nortl
Carolina and impeached Governor Holder
for high crimes and misdemeapOrS III office
On the 22d of March, 1871, the Senate 0
North Carolina, sitting as a Court of I'm
parchment, found William W. Holder
1 guilty Of high crimes and misdemeanors
, removed HIM from the effice of Governor
and declared him to be forever Gisqualifie:
| from holding any Office of honor, trust O
profit under the State of North Carolina
Richmond Pearson is still Cl,ief Justic
> of North Carolina
John Pool is still United States Senator !.
: Ulysses Grant is still President Of tn
/ United States -!