The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1911-02-07

LOiilSIOuS- tItiLtIlS Ol the counties ID
Alamance and Caswe1l, under charges
of being members of the Ku klux
klan and guilty Of the murder or
J. w. Stephens and Wyatt OUTLAW.
On July 10, 1870, Adolphus g.
Moore. OF Alamance, was arrested by
Kirk, and the next day he sued out a
writ OF habeas corpus before Chief
Justice Pearson. Capt. r. s. Parker
and Judge A. s. Merrimon, his coun-
sci. The writ was delivered to \. c..
McAliSter, now Of Graham, North
Carolina, who on the following day,
which was Sunday, July II. 1870.
served the same on Colonel Kirk, as
his command rested about nine miles
from Company Shops Burlington,
OF the road to Yanceyville. Kinks re-
ply was Tell them such things are
played out. ! have my orders from
Governor Holden, and shall not obey
the writ. l will surrender my prison
ers as Governor Holden orders, but lot
otherwise, unless they send 4 sufficient
force to whip me"
h answer was reported to Judge
Pearson on the 18th. The Judge mott
fled Governor Holden hat Colonel!
Kirk refused to make return to the
writ, and asked if Kirk was acting
under the Governors orders. On the
next day Governor Holden replied
that Colonel Kirk made the arrests
ohO ~" uGldlIS TIC pIlSOISIS ny my
ord ers.' The Judge thereupon an
nounced as his decision that h Gov
ernor had no power to disobey the
writ or habeas corpus, and issued an
order hat Mr.. Moore be brought
forthwith before him, and directed the
same to the Marshal Of his court, with
instructions to exhibit it and a copy Of
his opinion to the Governor, with this
famous statement: TT he, the Gov
ernOr. orders the petitioner to be de-
livered to the Marshal, we'll If not,
following the example OF Chief JUS
tice Taney III the Mercimon case. !
have discharged my duty. The power
Of the judiciary is exhausted. and the
responsibility must rest upon the Exec
utiye.' Governor Holden, III reply. un-
der date of July 26, 1870. gives his
reasons at length for refusing to obey
the writ. and Judge Pearson declines
to take any further action.
The condition OF those in confine-
ment, the best and most Influential
citizens in their respective commune
ties, with no hope of release by the
process Of the law, a c~ourt-martial or
ganized to try them. ordered to con-
vene in 2 few days. was SO deplOrable
that q few determined and able men
came to the city OF Raleigh to consult
as a committee OF safety on the liber-
ties Of the people. Governors Graham
and Bragg. Hon. 3. +. Moore, Judge
w. II. Battle and his two sons and
others met at Judge Battles office the
last Of July. General Ransom was
telegraphed to, at his home, to attend,
and he came at once.
The situation was 1aboriously and
carefully gone over. II was thought
useless to apply to the United States
civil authorities, as Governor Holder
had called upon President Grant for
his aid and the States representatives
in the United States Congress We're
urging upon hat body to pass a Fed
eral statute suspending the writ Of
''habeas corpus in North Carolina.
General Ransom asked for a copy OF
the Fourteenth Amendment to the
United States Constitution, lately pro-
claimed, and. relying upon its words,
"All persons born or natufalized in
the United States are citizens OF the
United states, and no state shall de-
prive any person OF life, liberty or
property without due process Of law,
nor deny to any person within its
jurisdiction the equal protection Of
the law he advised that application
be made to the United States District
Judge, George w. Brooks at Elizabeth
City, for a writ Of "1labeas c0rpus.'
His suggestion prevailed, and General
Ransom was requested TO see Judge
BTOOkS IN person ana Ildke LHN dppii-
cation, and Josiah Turner. Jr.. was 10
be the petitioner. Riding on q loco-
motive from Raleigh. to ave time,
General Ransom reached f~ll21Detn
City Saturday afternoon about supper
time, July 80. 1870.
At once seeking the Judge at his
homo, he opened the subject OF his
visit. From then till late at night the
matter was discussed, but without
avail. After breakfast the next morn
ING General Ransom again called upon
his honor and remained TO dinner,
and III the afternoon they took q walk
along The shore Of nat beautiful sheet
Of water on which Elizabeth City IS
located. We ear we'll imagine General
RANSOM never ceased 10 plead his
cause.
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