Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1876-10-06

Ha6eus7 Corpus were issued by Chief
Pearson, directed to Kirk.
Kirk refused to obey them, and or
deSed Che papers to be tax n back with
tbs message, that ''such things had
played out p"
On the 17&h of July, 1870, Gov
eruor Holden wrote to Kirk as fol-
lows: "There are many more arrests
to DE made, but the next list viii be
furnished TO the Judge Advocate. The
Co1rt mn It assemble on Monday, the
9th of July. Some, of the Caswell
Grimm aIs-a escaping 1 want you to
exercise a sound discretion as to such
arrests in Caswell not on the list you
have, as may be necessary"
= t"The company in Dallas, CASTOR,
will be under your command, W. s.
Mckee Captain. He will be mustered
in tomorrow. It will be well to let
them. emain in CASTOR, as their votes
will be needed and they can have
control over CASTOR, Lincoln and
Catawba. Twenty or thirty of your
men should be sent to Shelby. Cleave-
land county, to keep an eye on Plato
Durhan's friends and prevent intimi-
datiOD of voters.
The lawyers are exhaustiug every ex-
pedient, but they will fail. This is
their last movement. It is important
that the Chief Justice, who is sub
stantially sustaining me, should be
very courteously tre;lted IN the per
s.n of his messenger. You can con-
fide fully in Mr.. Neathery, and l want
YOU to send me a list of prisoners and
witnesses, together with the proofs IN
the each case want to know the
evidence in advance of the Court. i"
On July 18th, 1870, the Chief JUS
tice inquired of the Governor, il the
arrests and Imprisonment of the prls-
oners of Col. Kirk, were in pursuance
of his orders. On the 10Th Of July,
1870, the Governor informed the
Chief Justice that Col. Kirk was his
subordinate officer, and was acting
under his orders. Therenpon Chief
Justice Pearson officially and judi
cially declared that Kinks insoient,
defiant conduct was NJ arely ga hippaI'
speech of.s,a rude soldier" that he bad
sufficient excuse for refusing to return
the writ, that the prisoners were really
in the custody of the Governor, and
that II the Governor refused to sur
render them, there was no remely
for "the power OF the Judiciary was
exhausted"
On the Goth of July, 1870. Governor
Holden wrote to the President, stating
the condition of affairs, and predlctee
| that the Chief Justice would substan
TALLY sustain him. On the 23rd OF
| July, 1870, the Governor, as ChairmaI
| of the State Radical Executive Com
mittee, autographed to John W. For
nay, at Washington City, as follows
"Habeas corpus case just decided
| Chief Justice Pearson substantial,
sustains the State government and re
fuses TO interfere"
| And it was not only the Chief Justic
but Mr. Justice Settle aud also the othe
Justices of the Supreme Court as ap
pears from the declaration of tn
| Chief Justice made on the I'd O
| August in which be said: est is gr att
| lying 20 DC ssOIe uU say ttruS e41o---ott,v
l Justices have been in unreserved con
| fidence with me and that all concur il
these H0beas Corpus proceedings.
The truth of this declaration was af
firmed by Mr.. Settle himself and tn
other Justices who formally entered
the following on record in the Su'
preme Court at January Term, 1871
'tThe Court was in session at the tim
the Habeas Corpus cases were befor'
the Chief Justice at Chambers. Th.
Chief Justice was in constant commu
nication with the Associate Justice:
and while the opinions delivered wer'
| in the language his own, his conclu
sions had the sanction of the Associ
ates."
On the Goth of July, 1870, Governo
| Holden, having been notified by tn
Chief Justice, that thu Court consider
ed the prisoners in his custody, am
would take no steps to compel him t.
obey the writ of Habeas Corpus, re
fused to surrender them. In pub
fishing this, the Standard, the officia
organ of Governor Holden, said: ''W
hope all the citizens will read it ana
be satisfied that peace will now be sus
tanned by the joint harmonious actor
of the co ordinate branches of tn,
State Government, sustained by tn,
| national power. "....
On 28th July, 1870, Governor Hol-
den wrote to Kirk as follows: ST hav,
thought it best. mainly on account O.
the pending election, to postpone the
Court Martial until the 9Th August
It will Ger tainly be held at that time
I will notify you in time as to thu
arrangements. I SEE AND HEAR OF
| NOTHING IN YOUR ACTION THAT IS MOI
DESERVING OF CONTEMPLATION.
During this month, when there
seemed no relief from any Other
| quarter, Hon. Bedford Brown, O.
Caswell, man full years and honors,
made pilgrimage to the Capitol O
the country, to appeal to President
Grant in behalf of civil liberty and the
the lives and liberties of bis
fellow citizens. He found the Presi
dent not in Washington, but at Long
Branch, who refused to have his
pleasure int, rrupted to give q resnect-