OCR Interpretation


The weekly standard. volume (Raleigh, N.C.) 1869-18??, December 28, 1870, Image 3

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towns not 6peeiHy xccntd in this actual!
persons now in office liy virtue of any elec
tion, shall continue in office until the first
general election in May, 1871." Adopted. ...
Mr. Mabson, having given notice, moved
to amend by striking oaf. the ; provision al
lowing voters to.be challenged, on the day,
of election. Lost. ... t. . , . .' . j
Mr. Ashe, having given notice, offered ,aa
amendment excepting "Wilmington from the:
rt m v i qi n n a nfthnhill. Adontfid ''v
J,.,, " I
Mr. Ellison, having given notice, moved
to amend, tyystriking out 4May" ancj insert
ing "January. Lost'.
The bill then passed its final heading by
the following vote:' ' " ". .
Yeas Messrs. Anderson, Ashe, Atwater,
Broadfoot, Bryson,. Clinard, Crawford, Cur
rie, Dickey, Dunham, Fnrr, Gambrel, Gore,
Gullick, Graysbn,' Gregory, ; Hampton, Har
ris, of Franklin, Henderson, Houston, Hiilj
Ilinnant, Johnston, of Buncombe, Johns,'
Jones, of Caldwell, Jordan, Kelly, of Davie,
Kelly, of Moore, Kelscy, Kincade, Lassiter,
Lucas, Luckey, Marler,- Maxwell, McAfee,
McCau'ley, Mc Neill, Mills, Mitchell, Nich
olson, Powell, Rankin, Reid, Robinson,
Settle, Shull, Smith, of Anson, Smith, of
Wayne, Sparrow, Stanford, Stewart,, Tora-lineoBv-
Waring. York 54.
NiW. Messrs. Brooks, Bryant, of Halifax,
Bryan, of JooeSi Bnnn, Cawthorne, Dudley,
Ellison, Faulkner, Fisher, Fletcher, Garri
niMi. Gatlincr. Goodwvn, Hargrove, Hardy,
Johnston, of Edgecombe, Jones, of North
ampton, liyon, JUaDSOD, jaorris, juurgnn, ui
Montgomery, News-wie, Nisson, Pnge, Par
rott Phillips, Reavis, Robbins, Smith, of
Halifax, Sjkcs, Tucker, Willis, Young, of
Wake.: 33. - -.".'.: ' ' i
Mr. Robbins introduced a bill allowing
county commissioners to fill vacancies in
their own bodies. Calendar. " '
. Senate resolution providing for a recess
f-i'm tho 22dof December to the 11th of
J;;mu.rv, iSTiTwas taken np. - 7 r: f
Mr Currie moved .to. amend by striking
uuf '22d" nd,insertine "2Gth," and by
miking but jlth" and inserting "lGth."
TjXlf . J T V'ti 1 t
Mr Snarroa. moved to amend by striking
cut u 324'! wia inserting Vith," and strik
ing ontilfh" and inserting "10th.",
Tui renlniiiijd'. 'as amended, was then
Mflouted. .,: 3;. I !:( : ' ' '
. .Tho Senate hill to call a Convention was
taken on as special odcr. Thcbill provides
for an election for a Convention on the loth
day of February, 1871; and for the mcet"
;n.r ..f the finnvention. if called, on the 1st
TVfonrtav in Aoril. 1871: The restrictions of
v.rrmmrA hv' the bill are as follows
' Sec 10. That said Convention shall have
tn consider and uropose all necessary
imndmente and alterations to the Consti-
f ho stats fcxceDtinsr the restne-
4 a liaroina rW mpntioned.V not inconsis-
ti lit with the Constitution of the United
KtKvi But said Convention shall have no
ixwer or authority- whatever,- to offer or
nmimse anv amendment or alteration of. or
in anywise interfere with, repeal, or modify
the Homestead and personal property ex
emptions, as provided for in Article 10 of
the Constitution of the State, nor shall they
in any way interfere with, modify, repeal or
d any other act to restrict, or impair the
lights, privileges, or immunities, of any
person in the State, on account of race,
color, or previous condition, which are now
guaranteed to him, by the 13th, 14th and
loth amendments to the Constitution of the
L'uited States,;, nor shall they propose any
amendment to the Constitution of the
State, in any way impairing .or restricting
said tights, privileges or immunities ; noj
shall said Convention , pass any ord
nance or propose any amendment to the
Constitution of this State which shall
' in any wise, provide for payment to. the late
slave holders of the State, or any other par
J son, lor the loss sustained by them by reason
,-. , : f Mifl oIivm nnrshall
fii i lit: eiumitsiuaiAuu ui cuiuj" ,
- said Convention pass any ordinance, or offer
any amendment, which shall otherwise pro
vide for the Davment of any debt, c.r debts,
' rnnfi acted in aid of the late rebellion ; nor
shall said Convention pass any ordinance, or
'-. offer any amendment -which shall in anywise,
piOYlUc, lur luc juin.t' -"
ishment for criminal offences: nor said Con
vention have power, toabolish the present
evstem of public instruction, but to make
cnoh alterations to saidfivstpm m said Con-
oecessary ana .proper;
nor shalL-said Convention have power to
pass any ordinance, to abolish, or in any way
interfere vithhe meetings or adjournments
f tki General AssemH" norshall saict uon
-ntron nroDose anv amendment 'or altera
tion, reonirinff anv property or educational
Qualification for voters or officers ; nor shall
said Convention -change the present ratio
bet weti the poll and property tax, or pro
uiiln fnr raisin? the Doll tax, on one poll
above two dollars for all (ordinary State and
county,) purposes; nor shall said Conven
t;n iv allowed to nass anv ordinance or
lecrislative in their character, ex
rt noli as are necessarv to submit the
Constutiofl as amended, to the people of
the State for their ratification or rejection,
and provide for filling such vacancies as may
oTf.ur bv reason -ot any amendment or
amendments made by said Convention, to
the Constitution of the State; and except
ordinances in relation to the public debt ;
nor shall said Convention have any power
to modify or repeal, that clause in tlie pres
nnf rnnstitntion. which provides for a me
clonics' and laborers' lien law ; nor shall
said Convention have any power to modify
or reneal those clauses- in the present on
titution,: which provide that there is no
right to secede, and that every citizen owes
t,Z amount allesiance to the Constitution
al nnvpriunent of the United States.
YArtinla t etion 4 and 5.") '
. Thn hill also provides that the constitn
tion, s proposed to be amended, shall be
siihmitted to the people for ratification or
ifipt.inn ' : . : ' '
. Mr. Harrisi of Franklin," spoke eloquently
and logically in opposition to the passage
of the bill at the present time. If this mode
nf nrow-edincr was to be continued, constitn
tionB would soon cease to be reverenced,and
the law would become nothicg more than a
rrvnn'of sand." ' ' '" '
Jtfr.' flffl3iB,6f Wilford, was opposed to
fb hill at present.. He knew that the bill
'contained certain restrictions, but such re
strictions would not be regarded by the
mpmlters of that Convention, if there should
be 6ne called. It would be a Convention of
the people and they would act regardless
oi uictauou. . .
- Mr. Wilcox said that he came here pledg
..A ncrainst a convention, tbat is, a conven
tifin nrdered bv the General Assembly. As
this bill submitted the question to the peo
tile h was in favor of its immediate pasiagc.
Mr. McAffce wanted it understood that he
was in favor of a convention.no matter Dow
mithiirixed. and he would vote tor one.
Mr Martin moved to amend the first sec
tion of the bill by inserting a proviso that
m, Apvicr shall be used on the tickets in
vntinr for or asainst a convention, . Subse
n
nnpntlv withdrawn.
xrr Rpttln moved that iurther considera
tion of the bill be postponed till 7i o'clock,
P.M. Lost. , . - , ,
Mr. Harris, of Guilford, moved to amend
the election for a convention
on tlie 16th oi March instead of 16th of
February; ' - - ,
Mr. Johnston, of. Buncombe, was opposed
to tlie amendment, i He was glad to see that
T?i.nnhlip.Hns on this floor were not disposed
to oiler captious objections to the bill under
consideration The people want relief, and
,iomni it at our hands. : He took the
ground, before his constituents, that he
would.oppose the calling of a convention
by iho ljcgisiatnre. inn
ti pmII a convention, -
Mr. Lyon tliought that the people, espe
cially the representatives now and heretofore,
of Buncombe, were like the dimate and tern
perature of that county very peculiar. He
was, opposed to the amendment -;
MrJohnston courteooslyebuked the re-
markfr f Mr. Lyo- relioB to the tern
ntnrA An
, . . ; t . .
Mr. Nicholson opposed (the n hit lidment
offered. In the spring-time all the liti iuers
ol the county would be busi'y engied. Io
February they Woilld'gencrally 1e idle.
Mr. Harris, of Guillord, thought that the
people night to haye ample jtipio ; to corM
skIct' the question ot calhmr t'liveiitK
A vote on the 16th day oi February would
not .call, a convention sooner than a vote on.
I cji
thi COtli (iuy of March, i He thou 2l it ft
vention out'lit to be had, but he was nppos
ed to springing this question on the people
precipitately. '' '' 1 -:' ' ' !
Mr. ftlcAlee was opposcu to tne ameno
ment, and spoke at length.
Mr. Jams moved 1 to amend tnc amcmi
meut by requiring the election fora-Coa-;
ventiop ,on the first Thursday, pt March,
1871. Aiioptea.
Mr.' Jarvis moved to amend section ad by
instructing the Governor and counsel to com
pare votes, &c, on the 24th instead of the
10th of March. Adopted.
Mrt Dunham moved to amend by inserting
that the Convention-shall assemble on 'the
3d instead of the 1st Monday in April.
Adopted.
Mr. itarns, ot if ranKiin, moveu 10 amuuu
that portion of the bill which prevents any
one from voting on a ceitificate from the
registrar of his own tomnstiip. , josa , . 1
Mr. Warintr moved to amend the bill by
incorporating in the restrictions imposed the
words " the Convention shall, -incorporate a
clause in said Constitution recognizing'' and
declaring that the decision made in the Su-
rjreme Court is the case of Sarah Hill vs.
Tobias Kessler shall be taken to be the true
and final decision of the question." Decis
ion of Supreme Court alluded to is retro
spective covers old debts. Adopted.
Mr.. Ashe moved to amend the iltby
striking out the wojd "rebellion," referring
tothe late wafjand inserting the word ';war.
The amendment was aaoptea.
Mr. Anderson moved to amend by provi
ding that the convention shall have no power
to rescind, modifv or in any way interfere
with sec. 5, art. 5, of the present wnstito-1
tion, which relates to lending the credit of
the State in aid of corporations, &c.
Mr. Jarvis opposed the amendment, and
thought that the clause of the constitution
which it i- proposed to strike out has been
the cause of all our financial troubles.
Mr, Johnston, of Buncombe, favored the
amendment. Tlie perversion of the clause
of the constitution alluded to was the cause
of the financial evils mentioned.
On motion of Mr. Sparrow," the House
agreed to hold a night session, beginning at
? o'clock. i...- , ,; ,- , . :
The House then adjourned. . ,. ,
HOUSE!
RIGHT SESSION.
Wednetday, Dec. 21," 1870. '
The House metat 7J o'clock. -j
Air. HODinson in ine cuair.
The unfinished business of the morninr;
was ressumed ; viz : con3iaeraiion 01 me
convention bill. 1 j.i i;.fi 1
The question being on the'adoption of the
amendmenl offered by Mr. Anderson, the
same was was rejected. ; ; '. ;.;;..
Mr. Houstou moved to amend the lltu
section of the. bill, by adding the, following
words: "That said convention shall ordain as
the constitution of this State the constitution
of North Carolina as it was on tho 19th May,
1861. withsuch additions thereto ot the ex
isting constitution of N. C. as are forbidden
bill, on its si'cnn l reading, and tlie vote re
sulted as firtlows; ' ? ':! Hit. Vi s
Ykas-Messrs. Ashe, Atwatcr, Broadfoot
Bryson, Clinard, Crawford, Currie, PucTo
worth, Duuham, Gambrel, Grayson, Gregory,
Hill. Ilinnant, Johnston, of Buncombe, Jor-
!dan, Kelly, of Davie, Kelsey, Kincade, Luck
iey,awell..Mcyeill, MillsMitoelk ioh
tolson' Powell, Rankin ,'Reid, Rob:nson, Scott,
I... .,' r. ; 1 q.:.i. r w...
OllUil, Smilll, Ol AUSOll, i3UiO.ll, "I "JUi
;8parrow, Standford, Stewart, Waring, Wil
cox and York 89s--- -
Nays Messre. Brooks, Brown, Bryant, of
Halifax, Bryan, of Jones, Bunn; Cawthorne,
CopelandJDutfley.Ellison.Eajkiier,, Fisher,
Fletcher, Furr, .Gatfihg,' Gopdwyn, Harris,
of Franklin, llargrove, Hardy, iLy.tn, Jlab
son, Marler, Morris, Newsom. Nisson, Page,
Phillips Reavis, Smith, of Halifax, Sykes,
,Tucker, Tomlinson and Willis 32.
' Befpri the vote was annoanced, Mr, Har-;
igrove arose to a' point "6f ofder." Ue'rea'd
ifrom the Constitution, art. XHL, sec. 1, viz :
j"No Constitution of the people shall be call
ed bv the General Assembly unless by the
.concurrence of two-thirds :of 'each .House of
Ithe General Assembly.9' Mr. H. insisted that, 1
iaccording to the vote just taken, the bill
had not passed constitutionally, and if the
Speakcrielmlirtec!'-111 the bill i had
passed its 2nd reading, he desired to appeal
,from the decision of the chair.
The Speaker announced that the bill had
oasted, its 2nd readinSTinn . .. tt .i:.!- -.'
1 Mr. Hargtoef.C8irsaio-BBf 4 foW; this J
; i. Hill, William B. Bowe, Nathaniel M. Rirn,4
Frank A. Wiley, Jesse C.Urimtn, J. r. Hitcli
i'li," Thomas J, Womack. A. G. Yancey, John
McKec. A. A.'Mitc!ieli, lancey Jones, J. bl,
iNeal, BarzillHi Graves, Robert Roane, James
ri Fowler; MU Z. Hooper. Jsmes C. WilHam
json, and Peter H. Wil;iaiTi8", when,;irt fact
nd tTuthtliere Wiis.no such pr. any' insur
trectionin snid c'iity ''f Ciswod;, and, he,
the said Williata Wk JIokleoJoverttor as
afoeiaid, well . knew.:,tbat.,sach' and 'laid
proclaiiAtion -was utferry groundless' .arKf
Ifiilse, and thil't there was no insurrection '.in
said county ot Caswell, and that all the civil
authorities, both State and county, in said
county, were peacefully and regularly in thtf
full, free and unresirainedtTexercise, in all
inspects, of the: functions of their offices,
and tlie courts were all open,- and the duo
administration of the law was unimpeded by
any resistance whatsoever ; whereby the said
William W. Uolden, Governor as , 'aforesaid,
did then and there, and ia the way and man
ner, and by the means aforesaid, comrait and
was guilty of a high crime in office against
tb Constitution and laws pf said State, and,
;the peace, interest, an4 diKnjty l.hereof,
1 . That the said William. W. Holden,,;Gov-i
ernor of the State of North Carolina; on the
fifth day of August, in the year of our Lord,
oiie thousand igh t hund redj". and 'seyehty,
!in Ihe oiuinty of Orangenin. said btate, did
then and Uiero unlawfully And without any
iliiwfbt warrant and authority, ;'.'snd in defl-
I v.r-;i.;i,: j.---f, i
ceanu suoversioa v u yousiuuwon ana
1 . . 9 . ..' 'r,' , 1.3 jl. T Itfl
'?BN-;JlM IhiWaofsaid StatcauH in;yioration,of: his
Ww,w,;,,h Uthof office, and under color of his said.H-
Mr. French sDoke brictlv..The opponents
iof the bill would offer no amendment, etc.,
but they wanted to appear correctly before
the people by'upposmjrthia'manner of pro
ceeding as -illegal:'1 He hripert -"trie' cntire
matter would be truly recorded idt" the jour,
nal of the Hon . ' ,: .''
; Adjourned. I'wW "o i. '-. 1 . -.
fice, incite, procure order'a'nd crimmnnd' one
.Jbhi HrJrinjCVtt and other evil-di3poEeu pcrs
miii4e4ti -ii'd- Goote W.- -Kirk -to j
so sci'. dct!:in and imprison and de
prive : of his liherty the said ' Adolphus
G. Moore and that such seizure and detention
.was made by his order and command, where
Vipon the s-ijd Chief Justice, upon due con
sideration solemnly adjudged in substance
jaudeffect that aconling to the Constitniion
and laws of sn id State the privilege of the
rwrit 01 natmt corpus was nut suspended, and
jthat the said Gtorgfc'W. Kirk and the taid
William W.! IJofden, Goyvrnor as ' aforesaid,
weie in duty .b'iuHd, to' bring , aud produce
jthe body of tlie said Adolphus G. Mopre, be
fore ,111111 tuc sai.d Ubiel Justice accord:
ing'TO fhc; Exigency of the said -writ, jet the
jsaid William W: HVildcn, Governor iia aforesaid,-unmindful
of his' solemn oath of of
Iricc and his high duties as the Executive of
said,. State, and GQtrivinK..ao4 .thtBj and
jthere intending rtorclspriye the said -Adol-iphus
G. Moore otr bis liberty as a bee citi
zen of said State, aud to - duly and subvert
jthe Constitution and laws of said State de
'Clnred tht liQ had ..o orjered and didstil)
8 order; nud c6muiani)cd the said George
;W. Kirk, not to obey the siid writ so issued
iby the said Chief Justice,aud then and there
declared. toeaid Gbit-f Justice that he.the said
iWilliam W; HoltJenGoyerndrJas aforesaid,
would not Jfibey the'-said' writ or the com
mand Of the s,iiid CRtef Justice in that be
half, and that be would not allow the said
iGeorge W. Kirk to flbey the .same aud pro
dace tlie.,.liody ot tlie s iut. Adolphus U.
M.iofe,''ber re the aid Chief Justice, accor
ding to the exigency of said writ, Ontil smh
time'asrfn his discretion- he might -think
rr iper so to do., That while the said Ui bam
Vl Holdeh, Governor as aforesaid, so' seized,
'1 .' Articles 01 ImDeaehmenU 'li''-
Articles exhibited by the Houe'of Repreiert(t
i tites of the State of North Carolina 1 1 the
i name of themselves, mtii mil theftopUeftht
i State, of North Carolina mgaiMt William
W. Hulden. Governor of the UOeeflNorth
1 Carolina, t tMinUnant tupport -of ;
their impeackimnt .agaiiut, .htn, 'for: high
I crimes and misdemeanors iit his said office. ,
I ARTICLE I. ,n..)V;,(r
That by the Constitution of the' State of
North Carolioa,1the Governor of said State
has power to-ca)l,qut the militia thereof, .0
execute the' laws, suppress' Hots or insurrec
tion, and repel invasion wherever the execu
tion of the law shall be resisted, or there
1 shall exist any riot, insurrection or invasion,
but not otherwise; that William . noiuen,
Governor of said State, unmindful of the
high duties of his off5ce,"lhe obligation of
, his solemn oath of office, and the Constitu
tion and laws of said State, and intending
to stir tip civil war and subvert per onal and
public liberty and the Constitution and law
of said State, and the United States, and con
triving and intending to humiliate and dc
grade'the said State and the people tiereotv
1 and especially the people of .the ,county of
j AUmance, and to provoke , the people to.
I wrath and violence, did, under color pt said,
; office, on the seventh day of March.) ia the
I year of o'nr Lord, one thousand, eight hun-
area ann Beveniy,"in saiu emnc, ui ma uu
fa'sp. enrrHDt and wicked mind and purpose,
, proclaim and declare that the county of Al
. amance, in said State, was in insurrection ;
! anrl ilbl afrpr the davs end JirutS last alore-
to; be interfered with by th rofegomjj tej" ' send bodien oT armcd desperate;, and
atrictions ; that said convention shall make iswiess nxKa, orauized and set on foot, with-
? ioni - , An 1 . .. . , . : . t n ,1
TtenMrm inn II i '
said constitution of .1861, so revised, con
form to each, every and all the restrictions
in this bill, and shall make said .constW
tutioa of 1861, so further revised, conform
in all its ' parts to the constitution of tho
United States as no w amended, bnt no such
revised constitution Bball .bave any force or
validity until-the same -shall have been sat
isfied by a majority ol qualified voters ot tne
State, to whom the same shall be suomitteu
according to the mode to be prescribed by
ordinance of said convention. I Verbatim.
Mr. Houston thouuht that there were no
provisions in the bill, as proposed, protecfc-
ins the rights of white people. It waal-
tosether in favor oi the white men. We
have a guarantee that the present township
system shall be abolslied that the old
county courts will i-e restored mat me
number ot Judges ot the supreme court
will be lessened. That is all.
Mr, Fletcher spoke of Convention of 1835,
which deprived the so clalled ' freeman "
of his rights. - Thatconvention deprived the
colored man of the privilege to vote. He
would like to vote tor general amnesty to
day, beeause he had been a slave, and knew
the sweetness of freedom ; but he was very
much afraid that the spirit ot magnanamity,
&c., would be ill-spent if lavished on t''e
men who now propose to call a Convention.
Mr. Tucker thought that the bill to ca;l
Convention ought ti be read as pre
sented, but should be read " backwards."
For instance the hill declares that the Home
stead provision shall not be interfered with ;
and that the loss to slave-owners oy emanci
pation shall not be paid. Read the bill
" backwards." and you will see that these pro
visions mean lust exactly what they do not
say. -
The amendment oliered by JVlr. Houston
was then rejected.
The bill being on its second reading,
Mr. Phillips spoke at length. He had ta
ken no part in amending the bill, and d d
not propose to offer any amendment. He
wanted the friends of the bill to arrange it
to suit themselves; they could not make it
palatable to h;m, no matter how they fixed
it He objected to the form of the bill and
to the general scope of the objects in view.
The Legislature has clearly no right to call
a convention or 10 suomii Tlie question 10
the people unless by a two-thirds vote of all
the members of the General Assembly."" In
1834 atwo-thirds vote' was required ol and
observed by the Legislature in calling the
convention for 1835. At that time nineteen
old Whiga split from their party and voted
Ji the amendment" td the convention bill
then pending which required a two-thirds
vote. 1 The question of calling a convention
is no longer original it is a question of
weeedenee.
.. 1 TIT . i il.' -
Mr. Johnston, 01 liuncomDe n as noiiue
convention question, in lbM . a sectional
affair?
Mb, Phillips. At that time the Demo
crats all ,voted together, and he vv lugs
split. How could that be a sectional ques
tion ? Judge Mitchell, of the We3t, at that
time denounced Mr. Graham's couiscfas
revolutionary- Mr. .Mitchell, and-Mr. Ashe,
agreed in their views then. I tell you,i
gentlemen, the good people of North Caro
lina have reason to be apprehensive of
trouble when you propose to call a Conven-1
tion as you do .now. As to the " restric
tions" you speak of they will amount to
nothing. The Convention of 1835 went far,
beyond its charter, and that was a restricted
Convention. As to the " oath"' embodied in
the bill under consideration, which mem-!
bers ot the Convention would be required to
take, I would not give the snap ot my fin-!
gers for it it isn't worth that much. I wish
to be understood on this point. I have
reverence for an oath properly understood
and honestly taken.
Mr. Sparrow.:1 Couldn't the gentlemen
trust the honesty of the members of, the
Convention, when they shall have taken the
oath mentioned I 1 ; ' '" ' -
Mr. Phillips : Gentlemen, I tell" you I
cah'ttrust any body of men whose minds
are strongly biased. I will hot put confi
dence in any body of-mea whq leap into the
political arena heated by ,passion and ha -,
tied. The whole history of human liberty
iatnil of nroofsof the danger: of relying on
" oaths." Your reasons for wanting a Con
vention are not as plainly told the people as
thev misfit be.- If vour plans are carried out,
you will remove the Judges now on the Su
preme Court bench, and soon after that there
... . . .17 1 .. 1 1. C AT. a Mnnnln
Will be no nomesieaa taw ieii ior me ycwpic,
:: . ,,, ' ' 1 ' '
i out antlioritv of law. into said county, end
: occupy .the same by military force .tmd sus-
ii .....1 ",.; jti I nf ,rn '
pcuu civil iiuiuuiiij, win, uivi"
1 aud laws of the State ; and did, ' after the
days and times last aforesaid and before the
. time ot impeachment in this behalf, through
and by means 01 sucn arraeu, cpeiio.-uvi,
lan.-lpa men. arrest many peaceable and law-
! abiding citizens of eaid county of Alamance,
' then and there about their lawful business ;
I! and did detain, hold, imprison, hang, beat.
and otherwise maltreat and injure many 01
tliAn, tn W71T T.npin IT. Murray. Georee S.
Rogers. Wm. Bingham, Alexander Wilson,
Walter Thornton, W m. neaaing, iuuiubshi.
Holt, George Andrews, John Andrews, c reu..
Blanchard, Adolphns G.Moore, John Rober
son, James N, Holt, Wm Tate, Alex. Patton,
Jessee Grant, Lem Whitsett, Jo3iah Thomp
son, Sidney, Steel,. George, Johnson Wm.
Patton, Jo8ephJUght,Hen,McAams,Ruffan
Andrews, Thomas Ray, Joseph Pritchard,
Loften Tear, Joseph Thompson, Henry Cook,
Wm. Andrews, M.vN. . Shaw, JoKu Long,
James H. Auderson, Joseph, .Gibson, Henry
Prichard, Joseph Nelson, James R. Murphy,
Jr., Wm. Kirk patrick. Thomas Gray, Jeffer
son Younger, Frank Mebane, Clement Cur
tis. Johq W, McAdama, Wm, Moore, Wm.
Clendenio, D. W..Wheedeni i Daniel Moses,
P. Thompson, David Moore, Monroe Fowler,
Heury C. Hurdle, William Whitsett, Albert
Murray, J. G. Moore, Joseph Kirkpatrick,
W. V. Montgomery, John Trollinger, Jerry
Whitsett, Calvin Gibson, John G. Albright,
Robt. Hannah, Wm. Johnson, Henderson
Scott, William Stockard, James Dickson, K.
A. Albright. Thomas Lntherloh, John Grant,
James Foust, John Curtis, A. Thompson,
Robt. Stockaid, J. A. Moore, James T. Hun
ter, James S. Scott, John Smith; George An
drews, Millon Pickard, Henry Robertson,
John R. Stockard, John Curtis and ' Joseph
Stockard, when, in fact and truth, there was
no such or any insurrection in said county of
Alnmnnre. - '
And he, the said Willi-m W. Iloldcn,
Governor, as aforesaid, well knew that such
and said proclamation was utterly ground
less and false, and that there was no insur
rection in said county," and that all civil
authorities, both State and county, in said
county, were peacefully and regulnrly in full
free and unrestrained exercise, in all respects,
of the Junctions of their offices, and . the
Courts were all open, and the due adminis
tration of the law was unimpeded by any
resistance whatsoever, whereby the said Wil
liam W.Holden, Governor, as aforesaid, did,
then and thpre, and in the way and manner,
and by ' the means aforesaid,1 commit and
was guilty of a high crime in office against
the Constitution and laws of said State and
the peace, interest and dignity thereof.
ARTICLE IL'
TW bv the Constitution ot the State of
North Carolina, the Governor of said State
has power to call out the militia thereof to
execute the law, suppress.riots or insurrec-
whnnovfi- thu pYPf.nt.inn or tne law
biuu, niiLuviw ' 1 " . 1 1
DUall UC IWIOIVU, I'l mw oimii v.,u, ..j .
insurrection, or invasion, but not otherwise. !
That William W. Holdcn, Governor of said
State, unmindful of the high duties ot his ot
fice, the obligations ot his solemn oath of
office, and the Constitution and laws of aid j
Btate, ana intending 10 surup civyr,uu
subvert personal and public liberty, and the
Constitution and laws of said State and of
the United States,' and contriving and in
tending to humiliate and degrade the said
State and the people thereof, and especially
the people of the county of Caswell in said
State, and to provoke the people to wrath
and violence, did, und-;r the color ot his
said office,, on the eighth day of July, in the,
year of our Lord, one thousand eight hun
dred and seventy, in said State, of his own
false, corrupt and wicked inind and purpose,
proclaim and declare the county of Caswell,
in said State, in insurrection, and did,; after
the days and times last aforesaid, seud bodies:
of armed, desperate and lawless uied. organ-!
ized and set 'ori foot' withoutvauthority of
lnw. into the said county, and occupy, the;
same by military force, and suspend the ciyilt
authority and the Constitution and laws oil
the State, and did, after the days and times:
aforesaid and before the time of impeachment
in this behalf, through and by means of such!
armed.desperate and lawless men,arrest many
peaceable and law abiding citizens of said
county of Caswell, then and there about;
their lawful business, and did detain, bold,
imprison, and otherwise maltreat and injure
, many of them, to wit : John Kerr, Samuel
:i.i'i;ht.lii;-.T Ji j
.oiu, to assjin jeize detain and imprison and, J
deprive 01 niatiipony jjrjyiiegra mm
freeman and TitizcD Of said State, Josiah'
Turner. Jr.,' a1 citizen and resident iof Ihe1
xounty 01 yrange m iiieouitB. . aioresaiu j
.nrwl iftyursoDBCOxOt W ilDC4tam.enttrv-
jcurement, 4rdcr and 'command tne. said
John Hunnicutt,-; and"the evil-disposed per
isons aformidVdTifjsariltl seize! detain,' im-
Iprisoh and,4epriyfipf his libertj and priyi..,,
ilegc as a fteewaa and citizen of said county ;
land State for a long time,i to-wit: tor the
Itimt! often nhftL'and more, the said Josiah
iTurner', Jr JtheTeby' the 8aid1.William -W. ;
iJioiden, uoyernor as aioresaiu, tua men ana;
jthere cgmmit a high misdemeanor, in office
against the constitution -ana; jaws oj saut
State and the peace,, interests arid dignitjjr ,
reaereni., .... , ,, ,ViMr,.Ki,;!.
aill ! i ARTICLB IV,"1 '- ' ' -
r,. :,i,o , , .... .-. J. viM t- i- - - .
.That the. said. William Wj Holden Gov
ornor of the Btate of North' Carolina, on the
first day. of .August, "11 the year of pur Lord
one thousand eight; hundred and. seventy, in
jthe county of .Caswell in: said State,, did,
.then and there, unlawfully ftml without any
jlawlul warrant and authority,-.'and in- defl- ;
,ahce and subversion of the constitution and
,lawsof said Slate, and in violation pf bis
;oath of office and under color of his.said of
fice, incite, procure, order and command one
George W. Kirk, and one B, G'. Burgen and
iother evil disposed persons to assault, seize,
detain and imprison .and - deprive of their
liberty and privilege' aa freemen and citi- -
zens 01 saiu oiace, tiunn cerr, nsmuei r.
Hill, William B. Bowb apd Nathaniel Ml'
Roane, citizens acd -residents oftlie county
of Caswell, in tha. Stuto aforesaid; 'and in
pursuance of said incitement; procurement,
order and command,' the said George W:
Kirk and the. said B. G. Burgeq and the evil ,
.dispoeedi,, persons awresaifl,- did .assault,
seiio, detain, imprison and -deprive of their:
liberty and privileges jjs free men and citi-'
Jzens" of said cbunty and. State,, for a long '
time to:wit: for the time of one mentfe and.
more the aaid Joha. Kerr, Samaei P, ;Hillr:
William B. Bowe,- and Nathaniel M.' Roane, -;
whereby, the said William W. Holden, Gov
ernor as aforesaid, did, 'then and there com-.
mit and was guUty of a high, misdemeanor;
in office against the constitution and laws
of said State, -and, the, peace, intierest ahd
dignity thereof, ,.:.., .. -ms .;'
- : ., '. .- ' AUTIOtB V, '!-'! f- '.i
That the said William W. Holden, Gov "'
ernor of the State of Korth Carolina hereto-
fonr to-wit r -iathe-nwatliaw JnBeydvtyaBtr
August, in the year of our Lord, one thous
and eight hundred and seventy, under color
. of bis said office, unlawfully recruited, arm-,
ed and equipped as soldiers, a large number
of men, to wit : five hundred men and more,
and organized them as an ; army, and ap
pointed officers to command, and use such'
armed men as he the said William W Hol
den, Governor under color of his said office,
might from time to time direct ; that' dur
ing the said months of June, July and Au
gust, he, the said William WHoIden, Gov
ernor as aforesaid, under color, -of his said
office, placed nlarge number ot said armed
men under the; 'immediate command and
control of one' George W. Kirk, as Colonel,'
aided by one B. G. Burgen, as Lieuteoant-j
Colonel, one H. C. Yates, as Major, and sun
dry other persons as Captains and Lieuten
ants, and sent such last mentioned armed,
men, under' the' immediate command : of
George W. Kirk as Colonel, B. G. .B,urgen
as Lieutenant Colonel,- H. C. Yates as Major
and said sundry other persons' as Captains'
and Lieutenants into the county of Ala-f
ninnce and by the procurement, order and
command of him the said William W. Hol
. den, Governor as aforesaid, under color of
his said office, the same armed men last
aforesaid, seized, held, detained and im
prisoned, in said county of Alamance one
Adolphus l. Moore, a peaceable- and law
abiding citizen ot said county, then and
there engaged about his lawful business.
That the said Adolphus G. Moore, being so
seized, held, detained and imprisoned and
deprived of his liberty, was then and there,
in the custody ot the said ucorge. vv.: ivirK
acting as Colonel and commanding the
armed body of men, last aforesaid, by the
order, command and procurement of the said
William W. Holden; that the said Adol
phus G.. Moore being so seized, held and
imprisoned and deprived ol his liberty made
due application to the. Honorable Richard
M. Pearson, Chief Justice of; the Supreme
Court of said State, as by law lie might do,
for the writ of habeas corpus, to the end tbat
he the said Chief Justice might duly inquire
the cause of said seizure, detention and im
prisonment and deliver him from the same
according to law. That the said Chief Jus
tice issued the writ of habeys corpus at the
instance of the said Adolphus G. Moore, di
rectedtothe said George W. ' Kirk com'
manding him forthwith to produce the body
of, the said Adolphus G. Moore before him
the said Chief Justice, at the Chamber of
the Supreme Court in the City "of Raleigh in
sifjid State j that said George W. Kirk was
eft i he seventeenth day of July in tho year
of our Lord one thousand eight hundred and
seventy, in the county of Alamance, duly
served with the said writ of habeas corpus.
tlmf tic mnln no rel.nrn of or to the same, as
required by law, and refused to produce thel
UOuy 01 U1C 5UIU iiuui"Juo vr.iu.vuic ucmib
the Chief Justice according to the exigency
of said writ, avowing and declaring that he
bad made ' sucb seizure and detained and
imprisoned the said Adolphus G. Moore at
the instance of and by the procurement,
command and order of the said; William W.
Holdcn, Governor as aforesaid, and would
not produce the body of him the said Adol
phus Gi Moore, before the said Chief Jus
tice according to the exigency of said writ,
unless compelled so to do by superior armed
force, or by the express order and command
ofthe.said William IV. Hoi den,. Governor;
as aforesaid, r That, such', refusal of .the said
George W. Kirk to obey the said-"writ was
made duly to appear before the said Chief
Justice, whereupon' the said Chief Justice
made enquiry of the said William W.Hol-,
dch,' Governor as aforesaid, if he had so or
dered the said George W. Kirk, to seize,
detain and imprison the said Adolphus G.;
Moore, that the said William W, Holden,
Governor as aforesaid, made answer
in . substance and to the effect ' to said
enquiry of said Chief Justice, that
he had theretofore ordered and coin-
ihcld, dctainvd, imprisoned and deprived of
i r-i . ' 5 .1 k j n , - 1
ills uoeriy, rhiu a.uoipuus . jjiooie, aim su
refused to obey the said writ, and to com
mand the said George W. Kirk s to do.and
sevresisied the laws and the lawful authority
iof the terid'Chief Justice,' he was, by his own
procorcmcnts order and command, support
ed in that behalf by the meaniratfa use of
tsaa armed , men, so commanaco. ana con
trolled, as aforesaid, and so the said William
iW. Holden, Governor as aforesaid, did in
the way ; and-manner.' and,, by the means
aforesaid, procure,; order and eommand the
said George W. Kirk, so charged by said
writ of habeas corpus, to refuse to make due
return of or to the same, and produce the
body bf the said Adolphus G. Moore, before
theeaid Chief Justice, according to the ex
igency of the, said writ, and to resist the
same and the lawful authority of the said
jChief Justice, ' and .idid, himself, then and
there, in the way and manner and by the
means aforesaid, resist the due execution of
;the said writ, and the lawful authority of
the said Chief Justice, and did, then and
Ithere, in tbfe way'and manner and by the
'means and armed force aforesaid, suspend
the privilege iof the writ of habeas corpus
and did, unlawfully and violently, seize, de
tain, hold, imprison and deprive ot his lib
erty, the said Adolphus G. Moore, and for a
jlong time,' to-wit r for .the space of a calen
dar month, alter the said Cincl justice had
iadiQdged such detention illegal, did con
tinue to bold and 'detain and cause to be
;held and detained said Adolphus G. Moore,
iand did, in the way and manner and by the
means aforesaid, make .the military super?
isede and prevail over the lawful civil power
jot the State, all which acts, matters and
things, he, the -aaid William W.-Holden,
Governor as aforesaid, did as aforesaid, in
violation of his solemn oath of office, and
whereby he, 'the: said William W. Holden,
(Governor as 'aforesaid, did, then and there,
; commit high crimes and misdemeanors in ol-
fice against the Constitution 1 and laws of
jsaid State and the peace, dignity antl iuler
ests thereof: J;- ." .'. ' '
jr(-W-iV, JloWtwr Governor n
mandur-in Chief of Militia" and refused
to liinduce the bodies of the' said John
Kerr, Samr.cl P. . Hill. Jesse C. Griffith,
Frank A. Wiley, J. T. Mitchell, Thomas J.
Womack, A. G. Yancey, John McKee, A A.
Mitchell, Yancey Jones, J. IL Neal, William
15. Bowv, ISaizillM Uraves, .Nathaniel M.
Roane, Robert Roane,-James R: Fowler, M.
Hooper, James C-Williamson and Peter
H. Williamson, before the said Chief Justice
according to: the exigences of the said writ ;
und thereafter the said ucorge YY. lurK con
tinued to' hold' and 'detain and deprive of
their liberty the said John Kerr, Samuel P.
Hill, Jesse C. Griffith, Frank A. Wiley, J. T.
Milchell4.Thos. J Womack. A. G. Yancey,
John McKee. A:' Aw Mitchell, Yancey Jones,
M:Neal, Win. B Bowe, Barzillai Graves,
Nathaniel M. 'Roane, Rolrt Roane, James
iR.' Fowler, at Z. Hooper, Jniiies C. William-
sou, and Peter H. Williamson, for a long
jinid, td-'wit f for the space ol one calendar
month, the said, siezure and detention ot
the said Jolin Kerr, Samuel P. Hill, Jesse C.
'Griffith, Frank A. Wiley, J.. T. Mitchell,
Thos. J. Womack, A. G. Yancey, Jno. McKee,
!A, Mitchell, Yancey Jones, J. M. Neal,
W" m. B. B'.iwe, Barzillai Graves. Nathaniel M.
Roane, Robt.t Roane,. Jas.; R. Fowler, M. Z.
Hooper, Jas G. Williamson, and - Peter H.
(Williamson, by the said Geo. W. Kirk, and
the military force under bis command as
aforesaid, having beeu made and continued
jas aforesaid, by the orders of the said W.W.
(Holden, Governor of the State aforesaid, he,
the said W. W. Holden, Governor as afore-
Ssaid. well knowing that the privileges of the
jwrit of habeas corpus was not suspended, and
(that the Said John Kerr, Samuel P. Hill,
Vfesse C. Griffith, Frank A. Wilcv, J. T.
Mitchell, Thomas J: Womack, A. G. Yan
jcey, John McKee, A: A. Mitchell, Yancey
'Jones, J. M. Neal, William B. Bowe, Barzil
ilai Graves, Nathaniel : M. Roane, Robert
lioano,Jas. il.i Fowler, Hooper, Jas.
IC. .Williamson. ana . Peter- H. Williamson
'were o- dotained uiilhout authpritj ol law,
whereby he, the said William W. tloiden
(Governor as .aforesaid, did then and there
jcommit liigh. crimes- and misdemeanors in
'office against the Constitution and lows of
isaid' State, and peace, dignity and interests
khcreof.i;i . i .' :
:- !'-
, ARTICLE VIL
, il i I In v aETICLB VI. . , .,, .
That the said William W. Holdcn, Gov
ernor of the State of North; Carolina, hereto-,
j fore, 'to "wft 1' ' In the months of J une, July
land August, in "the- year of our Lord, 1870,
j under color'o't his said officej unlawfully re
'cruited, erped. afiil t quipped as soldiers, a
! large number ci.mea. t wit: five hundred
men, and mere. and organized ttieni as an.
army, and.. appTntttd-owcerf to jpoblmand
ftta aifl -wtft4 , aroaad. fltfo, jh4he aai -William
W Holdeii, Governor as aforesaid;
nnder color ot lus aaid omce, might from
time to time order: and direct; that during
' the said months ot June, and July and Au
gust, he the said William W. Holden, Gov
ernor us aforesaid, under color of his office,
i placed a large number of said armed men
under the immediate- control of one George
: W. Kirk, as Colonel, aided by one B. 5.
Burgen, as Lieutenant Colonel, one H. C.
Yates as Major and sundry other ersons as
. Captains '-and Lieutenants, . and scut such
: last mentioned armed .men under the immc
; diate command of George W. Kirk as Colo
' nel, B. Gj Burgen, as Lieutenant Colonel, H.
; C. Yates as Major and . said ' sundry other
persons as Captains and Lieutenants, in the
' county of Caswell, and by the procurement,
order and command ot l.im,tne said William
W. Holdcn, Governor as aforesaid, under
color ol his said office, the said armed men
last aforesaid ' seized,' held," detained and
t impr.soned, in said county of Caswell; John
Kerr, Samuel e mil, Jesse V Ur.tnth, i'rant
A Wiley, J T Mitchell, Tliomas J Womack,
A G Yancey,- John McKee, A A Mitchell,
Yancey Jones, J M Neal, William B Bowe,
Barzilla Graves, Nathaniel M Roane, Robt
Roane, James R Fowler, M Z Hooper, J C
Williamson arid Peter H Williamson, peace
able aud law-abiding citizens of said county,
then and there engaged about their lawful
business ; that the said John Kerr, Samuel
P Hill,. Jesse C Griffith, Frank A Wiley, JT
Mitchell, Thomas J Womack, A G Yancey,1,
John McKee, A A Mitchell, Yancey Jones, J
M Neal, Wm B Buwe.'TJarzilla Graves, N M
Roime, Robert Roane, James R Fowler, M Z
Hooper, James -C Williamson and Peter n
Williamson being; so seized, held, detained,
and imprisoned and deprived of their liberty
were then and . there in , the custody of , tho
said George W. Kirk, acting as Colonel and
commanding the armed body of men last
aforesaid by the order, command and pro
curement of the said William W. Holden,
Governor as aforesaid, that the said John
Kerr, Samuel P Hill,' Jesse C Griffith, Frank
A Wiley, J T Mitchell; Thomas J Womack,
AG Yancey, John McKee, A A Mitchell,
Yaucey Jones, J M Neal, Wm B Bowe, Bar
zilla Graves, Nathaniel M ' Roane, Robert
Roano. James R Fowler, M Z Hooper. Jas
C Williamson and" Peter vWilliamson being
so seized, held and imprisoned and depri ved
ot their liberty, made due application tothe
Hon. Richmond M. Pearson, Chief Justice of
the Supreme Coiirt of said' State, as by law
they might do,'. 'or the writ ol habeas carpus,
to the end that the said Chief Justice might
duly enquire the cause ol said seizure, deten
tion and imprisonment.. aud deliver them
from the same according to law,..' Tbat. the.
said Chief Justice issued tho , writ of habeas
corpus at the instance .of the said John
Kerr, Samuel P Hill, Jesse C Griffithj Frank
A Wiley, J T Mitchell, Thomas J Womack,
A G Yancy, John McKee, A A Mitchell,
Yancy Jones,1 J M Neal, Wm;B Bnwe,
Barzlllia Graves,' ' Nathaniel M Roane, Robt
Roane, James R Fowler, M Z Hooper, James
C Williamson, and Peter H Williamson on
the 26th day of July, in the year Of onr Lord,
1870, directed to the said George W. Kirk, i
commanding tiiui forthwith to produce the
bodies -of the said John- Kefr, Samuel.P
Hill, Jesse C. Griffith. Frank A. Wiley, J. T.
Mitchell, Thomas j. vomacKra..i. laucey,
John McKee, A.' A. Mitchell, Yancey Jones,
J. M. Neal, AYm. B. Bowe, Barzillai Graves,
Nathaniel M. Roane, Robert Roane, James
R. Fowler, M: Z. Hooper, James C, William-!
son, and Peter H: Williamson; before bim;
the aid Chief Justice, at the Ctianiber'rif -
. r. . y, Ai. :.' r ti .-1..: ..r. !
tne oupreme uouitiii iiiecuy oi iiiiein"i .
said Slate; that tlie, said "George iWwKirk, j
was on the' first ;day:f August: irf the
year of 'oar 'Lord, one thousand eighti
hundred and seventy in the County,, nf
Caswell, duly served with the said writ ot ;
habeas corpus. : But instead of - making,
due return to the said writ, stated, tbat
"I hold the said: prisoners under' orders
.:.:'! ij 'j ..:: i.'j ;. ..-j ,-. ai:a-.' I
That the said William W. Holden, Gov
ernor of North Carolina, unmindful 6f his
nigh duty to uphold and protect the Consti
tution and laws of . said State, and the good
name, dignity, and honor of, the. people
jthercof, and unmindful of the obligation of
Ins solemn oath of office, nnder color of said
bffice, did, in the months of June, July and
August, in the year of our Lord one thou
sand eight hundred , and seventy, in said
State without any authority of law, but in
contravention and subversion ol the Consti
Station-, and laws of said S.ate and the Uni
ted . States, and intending to. provoke and
istir up civil strife and war, recruit and call
together, from this State and the State of
(Tennessee, a large number of men, to-wit:
five hundred men or more, many of them of
jthe most reckless, . desperate, ruffianly and
lawless character, and did then and there
organize, arm and equip them as an army of
soldiers, and place the same under the chief
command of a . notorious, desperado, from
the State of Tennessee, by the name ot Geo.
W. Kirk,, having falsely proclaimed the
counties of Alamance and Caswell, in said
State, in a state of insurrection, and did
'send'large numbers of such armed. desperate
mert into said counties, under 'the immediate
command of sr id George W. Kirk, and two
iother desperadoes from the State of Tennes-
isec, to-wit : one a. if. isurgen and one a. v.
Yates, and did then and there, without any
warrant or authority, seize, hold, imprison,
jand deprive of their liberty, for a long time,
to-wit: for the time. of twenty :days and
mnriw F 4-riA nMflaolila o , ( inn, nl,,!.
iing citizens of said counties, to-wit : John
I.Kerr, Samuel P. Hill, - 1 .Scott, John R.
Ireland, and' many others, and seize,' hold,
limprison, and deprive of their liberty, and
Ihung by the neck William Patton, -Lucien
Smm"MttiAngi any-nuMy ftem isid Twasna
ury in obeilienre to any such warrant or or
dler, so ma-ler' y tho said Vv'iHi ,m AV.,; Hol
den.' Govi nior1 us iilortsiiid, und etj"?nin(-4
and foibiilding Hit- saitf A. D. Jenkins as
such pa.i uiastir or a i-nt i'roni 'ntinjif or dis
bursing the said nmni y 01 'any fiart itf.it so
in IA liand to pr Ui '. lie ii-e ! said armed
body ' men !"i'a 'ni the purj-o'ses afore
said.' '"'i .M i , .' ',tti-i' . (( n..i I kH&
That tle said ' David A ' Jenkins, Treas
orer, and the said A.1 D Jenk-.n-jWcfc each
duly served 'wit if said wi it 01 injitiiV'ffirrfJ, but
nevertheless, thu said Willinhi r.' Holden,
Governor as ''aforesaid, wicked! Tiitci'ling
t suspend and subvert tlieliiwRfls-ibtSiate.
and to , defy and disregiird the VaWlbl' an--"
thority 01 sniil Court, did ,ll ,t rwa"; ds to wit : '
after the month last ufoiesrt1d P'unde, in
cite, order, procure iinilji omniiiKl tho eaid
A. D Jenkins to dely and disregard1 the
said writ of injiiitcit...,aiiil to delivyr the
said mooejv. so 111 liir. custody to another
agent ol the sui'l. William W. 1U idea, Gov
t rnor as aforesaid, to be iim d lot I lie unlaw-
fur pprMsenlir-siiid. Ttint. tliesnid A. D
Jenkins, in oln-dieiiec lot-ucli last inontion
cd order, conrm nd and procurement of; n.ia
said Willi'im AV: Uo.dcii, G ivuriiorii afore
Slid, and in disregard of such writ of injunc
tion and the lawful authority of said' Judge,
did deliver the said money so in his bunds
to another ngciU of the said William W., .
Ilofden, Govei nor as aforesaid, tq wh : to "
bii'e 'Richard T." Berry.' to lie used fof the nr-
Jawlul purpose aforesaid, and tho Baitl'Wil
jiam.Wv Holden, Governor, s aforefaiddid
Lin n and there, in the way and manner, and
y tlie meaus and lor the purpose ufoiesnid,
ociire. 'oriltrand command the said A. t.' ''
I'liUinsso to disregard and disoliey the said
nt ot injunction, and the lawtol authonty
if said Judge, and did then and ther and
11 the way and manner, and . by the ' means
ind for the unlawful purpose aforesaid de
y, disregard, ignore," coutravene, suspend
and oeicat tne lawiui purposes ana encci 01 "
lie writ ot injunctijn,0 grameu and issued
r ine niiu juugb.. Ann . iiiereupon ana
ereafter the said' William W. Holdcn.
Governor lis aforesaid, the said' ;soin of-puV- S
(ic money; thus ' transferred ks1- aforesaid to
he hands o.f theaaid jlifehard T.f'Berlry. did
urcier nnu cause-iu.ue,pai uar.niiu.iriwu ru
led by him, tke!4.Ricntf4,T'':ito.Vf for
land about Hielllugal purposes aforewd, to
wit : the payment of the' expenses in keeping
On foot, sustaining and lrmintalning th said- '
1 1 am
3 tlK
illegal military forceas aforesaid.: - Whereby
the said1 William W. Holdetf, ' Gov
Gorernor as
jaforesaid"wa.s then" and'' there guilty of a
high misdemeanor in his said olljce, in viola
tion of his oath of office dpd in subversion of
he laws of said State, and) .the peace, inter-
and, dignity thereof. -,
: ;XHUS. J. JAUViS,
Speaker of Hoase of Repre ntativeSt At-
W. G AlTHEn, Clerk. -ir.J.
8,ilLl
the
ests
in I Spci
ti- test :
i- f W,i
Wednesday, Dec. r;?Ss'.1870.
TT If .1 n ( I . .1 1 .1 ,),.., inln
a loathsome dungeon Josiah Turner, Junior,
18 F,A;-Wiley.- 7
Xrid to' maintain7upport' 'and aid the
lawless armed men, so organized, armed and
equipped, did, under color of his said office,
from time to time, during the. said months
' of June, July, and August, without any law
ful authority, make his warrant upon David
A. Jenkins, Treasurer of the State, for large
sums of money, to-wit : for the sum of sev
enty thousand dollars and more, and cause
and procure the said David A. Jenkins, the
Treasurer of ,the .State,, to recognize, such
unlawful warrant, and pay out oi the Treas
ury such said large sums of money to the
ajjent or paymaster of the said William W,.
Holdcn, Governor as aforesaid, for tire un-v
, lawful uses and purposes aforesaid, whereby
the said William W. Holden, Governor as
aforesaid, vlid then and there, and bv the
me ins apd manner aloresaid, commit a high
misdemeanor, in office, in violation of the
Constitution and the laws of the State, and
the peace, and interests, and dignity thereof.
ARTICLE V1IL " .
That the said William W. nolden.Gov
ernor of tho said Siate, unmindful of the.
high duties of his said office, and the obli-'
gations of his solemn oath of office, and
j contriving and intending and with a view
and for the purpose ot supporting and mam
taining an armed military force in said State
which he had then and there recruited, or-
, ganized and formed for illegal purposes
without the sanction ot tne constitution ana
laws of the said State, but in contravention
of the same did from time to time in the
mom lis of June, July aud -August, iu the
year i f our Lord one thousand eight hun
dred mid seventy, under color' of his said
office, in said Stale without the sanction of
the constitution and laws of said State, and
in violation tif the same, make his wm runts
as such Governor npon the Trcasuier of the
said State for larger sum' of money, to wit :
for the sum of eighty thousand ($80,000)
dollars and more, to be used for the unlaw
ful purposes aforesaid.!' ' '
That the said William W. Holden, Gov
ernor as aforesaid,' under color of his said
office then and there, persuaded,. command
ed, incited and procured David A: Jenkins,
Treasurer of said Siate to recognize such
and said unlaw fuL warrants on the Treasury
ot said State, and to deliver such and said
sums of money to such agcnt8 of the said
William W. Holden; Governor as aforesaid,
as ho the said William W. Holden, Govern
or as aforesaid might from time to time de
signate. and appoint; that in pursuance of
such warrants and orders of the said Wil
liam W. Holden," Governor as aforesaid, the
said Divid A. Jenkins, Treasurer as aloie
said delivered to one A. D. Jenkins, called
the paymaster appointed by tho said Wil
liam W. Holden, Governor as aforesaid for
such purposes large sums of money from
said Treasury, to-wit : the siim of forty thou
sand dollars or more; that thereafter, to
wit: in the month of August in the year of
our Lord, one thousand eight hundred and
seventy, one Richard M. Allison, a citizen
of the ' county of Iredell, in said State
brought his suit in the Superior Court of
the lust 'named county, in bis own behalf
and id behalf of all the tax payers of said
State, praying that a writ of injunction
might then and there be granted, and issued
according to law, restraining the said David
A. Jenkins. Treasurer as aforesaid, from de
livering any sum or sums of money to the
wid.WiLiain W.Holden, Governor afore,
saidpr any other persons in obedience to
uch orders and for such purposes, and also
'restrainins tho 'aid A. D. Jenkins, as such
r,.vnmci,J or in anv other respect or ca
nae.it v from- ilisbn e'nir or disposing of
said sums of weney.r, 10 j his said! hands
or any part ttercot for the purposes thereof.
That. tho .Honorable Anderson Mitchell,
Judge of said Superior Court, then and
tliere-granted the writ of injunction so
prayed for enjoining and forbidding the said
David A. Jeukips, Treasurer as aforesaid
.m 1 v I vi: '."! 1 : vt'.uK
j ThelHomestend and the tlonveiltlon.
1 The ''Democrats 'are' lraming a 1l to hffv'o '
jthe people''-vote for a Conyeutiop. They
propose to restrict the Cinvention, and
iamong" other things,' to forbid the taterfer
ance with tlie Constittional!.ri6mesead.
I ,Feliow' citizens,, beware ijjSHow i it tlt.
thousands, are aow aaveUirom starving by
jhaving 1mmestel for thelr-' wives and
little ones' ? ;Tlie Supreme; Court gave it to
Jyou. All. the Democratic lawyers 11 tne
icanvass' bf 1868 proclaimed that tho home
Sstead did not protect from --past ; debts) 1
tnd 'yet' 'the eptt: im ';Buptem CiM, "' '-.-'
Mat it teas. Thus, and tlius"' alone, you , ;
jchridien.' If you call' a ""Conyention, es
pecially a Democratic Convention, they will ,
Vdepose Raul, Softie and Hir.k and the uthiT
'Justices of the Supreme Court and with
jThomas B'rngg, ' ' B. F. Mopre: ' pi. G. Fowle"
J, AVarren 'wV ( .iierinion,
pledged against the homestead, the judg
ments nowagninSt ' yofi will 'shimt--out in - .
-executions and you wil. bc'driyenjPff your
little homes Republican homes by; mer
xilcss credibrs. Think nf it! : Rcasin np
:on it and5 vote as you like.'1 '
. .; vi.wv-- , 11 11-4 n:.--i tftj-.
j . . .,'1. ..Conventipn.'B'iiir
Tills bill wa-i postp-ined to util after
the reces3. :'We are nnabletfeet in-tlii' pro-
ceediugs of the1 Senate and'' H)nc' to-day.
They will appear tt morro. ' the, .Legisla
ture will niH lose anjthing; by postponing
thcbill. A conference with the 'ji'.'ople will
be- beneficial' to botK'Tepfcsaittttlire ind"
people,,. I '!"' ' " ' '". ' ' J J ' j
Uu Wedtiestiay last the lower llopse of
the Congress postponed the'-iimrMy bill
'until alter jthe 'recess , by. $ .v'ot'pjfjljj.lo Hit.
: This action was bniu-jht .about by the ie,vj .
lutionary and unconstitutional; pr.'Ccdings'
: ot the promt LegislatuiviiWeartt 'directly
'and reliably ,in!inue( tbj!"'v1tf' Congjess is
ready to act and will not see his Slate revi-
tioiiized and ph.etd uhdrr tliVteomml'411 the
Ku Klux Kliin'.,". We tito 'whereof'ieiisptitk.
Rea, charged with'; killing hik wf;, was
tried and acquitted Lefure J-lge Loim at
Cabarrus Court this w;cek."-v- , ; "i;
Norih Carolina . Land Agency,
.t. '. ..... ...J ,1 : l.lwl.,
B. P. Williamson's New Store,
Corner of FoyettcvlIIend Mijrtiji .itfeeU.
" : 'lUUbjKN. Cr.:iJ9WiA',1870.
.(.: ' - - .. -.':ii ' i.'A ..
To Lid,(timiTs: , ,. t , , .. ..
' TheJobject: bf this eulernriio "ttqcc 'ft 4-bni-'
menuement, pow nearly two )uars, lias been and
will vontiuuu to be to induce ItnuitR ration 10 our
Btate, and t turn-the tidelrom the Rren'" W'tat
to our suuuy South ; also to call tacir altenlion
to tlie superior advantages tnd iuliici.tutu we
hold out over all oilier oiaies. ,. :
Now being threauiol the ji-nr wheu liTmcrs
and others have lulsure to trav.vl, ami tuany are
visiting our State, examining: inrins with a View of
purchasing, to come and make.llielr bomes with :
us, we Would particularly request all lad own
ers, who have land to sell or leai-c; and wish to;
find buyers lor the same to call at our. olBce or
addres ns as beiow. ,Threitcarccl) dy ocs
by bnt what we receive letters making inquiry,
and as it costs nothing ta try to sell through this
Agency,:' and so many are anxloys.to find cusio
men that alf can avuil' themseWes 1 of this op
portunity ot ottering lor sale laiid. 0$ every kind.
Our charge being oiily Uetmndotu half- per
oa gross amount of salet Jbr advertising, and all
other expense included, aud Uiii only when a sale i
perfected. Many, 1 know, have a delicacy in ot
tering their lands, as tliey do hot wish tin ir '
neighbors to know tliat their pTopertvIs rn
Market This is prevented 'h oar uflicr, na Inc.
formation given unlws we know, tln, parties to
be buyers, and we dp not sdvtrrlUe any larms or
lands within the State unless rrqaet, j to doso.
I have been trying and making every tffort since
I came here two years ago, to lDdacc oar land
owner to divide tbeir large -tracts, and" evil one
ball or more to energetic men, with money, at a
reasonable price, and on caty' tmrnia,"t4 eusble
tbcm to improve tbe part they booght, Sone
have taken my advice, and now tbe oee-bW i
worth more tban tbe wbole wag eighteen moutbs
ago. This is tlie trne coarse to be pursued, as
but very few buyers Irorai: the Northern' State
want more iuin irom one nunareu iu wiree uuu-
dred acres laa lai m, aud UI aire more in pro
portion lor such tracto tb'au.'iney. will, tor tho
large plantations 01 one thousand and two thou
sand seres. " If you want to encourage Immlgra'
tion, send ns a part ot your lands lor sale, tbat
wg ma offer such inducements as will brim;
tliOBMnds lo our State. : -
. B. KINGSLAND, 8ecreUry,
! . , ' .-. . F. o. Box aw,
dee 23 wSitt s ': Ealelgh, N. C. '
U-i
8 "2W?a!Sl f

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