The farmer and mechanic., 1915-09-14

was Cnen QeleIl1lIlleu 10 dppis ~ LIN |
Geo W. Brooks. United States Judge, |
for the writ. The presentation of the
petition to him was entrusted 70 |
Matthew Whitaker Ransom, orator |
soldier. statesman, diplomat. He
went to the home of Judge Brooks
in Elizabeth City for that purpose.
My father had participated in the
consultation and had parted with
Ransom at Weldon. l recall his state
ment to my mother the day of his re-
turn home. well, madam. our friend
Turner will soon be out of Jail. Ran
som is huTrying TO see George Brooks
who will grant a writ that will re
lease all of our people Those who
know Judge Brooks best, most init
mately, were most positive in their
| assertion that he would issue the writ
of habeas corpus and give the pris-
Oners a trial.
The former Quaker Governor Jona-
than Worth had given expression to
a firm confidence in Judge Brooks,
when in writing June 13, 1867 con-
| cerning the order of General SiCkleS
sending persons to a military prison
| without preliminary hearing, he said:
Il have good reason to believe that
| Judges Chase and Brooks regard such
orders of the General assume juris-
diction over matters purely civil as
| transcending his powers" And Gov
ernor Worth himself had in mind to
| apply to Judge Brooks for q writ of
| habeaS corpus in the event he had
| decided to refuse to yield up his Of
flee as Governor to the provisional
Governor, w. w. Holden, and was
arrested by the military.
The confidence in Judge Brooks
was not misplaced. On August 6,
1870, Judge Brooks issued the writ
| for all Of the prisoners held by Kirk
and for Josiah Turner
The news that the writ had been is
sued by a Federal Judge filled the
Governor with rage. He at once ad-
dressed a letter to the President Of
the United States. Feeling secure III
that quarter Holden wrote to Presl-
dent Grant: The officer will be di-
) rected to reply to the writ that he
holds the prisoners under my orders
and that he refuses to obey the writ
1T is my purpose to detain the prs-
oners unless the army OF the United
States under your order shall demand
: them"
) The following day an opinion Of
r the Attorney General of the United
States advising Holden to yield was
5 mailed to the Governor. Before its
, receipt the Standard said editorially
. "Is Judge Brooks ready to involve
f the people Of North Carolina in civil
r war? Does he suppose Governor HOl-
= den will recede before him? The Gov
= ernOr will not recede until the Fed
n eral army is used against him, anC
i the Federal army will not be uSeC
e | against him.
e The next day the news came tha
? the President would lend no aid t!
1 Holden. He then attempted to fore
e stall Judge Brooks by directing Kirl
e to obey the despised writ Of the Su
v preme Court. The counsel for tn
4 prisoners withdrew their application
70 hn xrr-f tn ho Stoto 11rfC ~.
t stated that they did SO because tn
= writ before Judge Brooks was to b
q heard that day in Salisbury TIL
It hearing at Salisbury was had. Tn
If prisoners were discharged. Peace ha
d come again to our distracted State
J. The Tarborough Southerner, edite
4 by the son of Judge Brooks prede
e cessor. declared:
= ''The writ of habeas corpus instea
" Of being played out has becoming
l. living, health giving principle whic
a still survives amidst the usurpation
|e Of an executive despot and the tam
n subserviency Of a partisan Chief Jus
~ tice."
a It is always worth while to kno'
~ and tell the truth. And what a gle
40 20 rious truth is told in this story c
A George w. Brooks, a modest, quie
q plain, unambitious native Mort
q Carolinian, not a member Of tn
- - dominant political party in the Stat
-, but one that rejoiced in the ju:
ln triumphs of that party, but above a
y else a loyal North Carolinian, a loyt
d. Anglo-SaXon, a loyal man.
For what avail the plough, or sail,
nc Or land or life if freedom fall
I' SO there stood forth in this cris
~ a man, and in his presence TAX,
u. flight exhausted judiciaries, and ex
eS cutive usurpations and politic
n blunders wrose than crime. and ont
~ more the fundamental right Of En-,
q lish liberty is asserted in a gre;
r. English state.
eo What the English barons at Rum
ms Mede on that memora BILE June 15t
e- 1215 had forced tho t,-ro,+ ~.
nd declare. GEORGE w. Brooks nov
no the face of political partisan pre-