Glass 
 
 ss. f_25^ 
 
 BookJiX^ 
 
PROCLAMATIONS 
 
 1 
 
 1 
 
 By tHe mmmi of NORTH CAROLINA : 
 
 TOfiKTllKfl WTIII 
 
 THE flPI^TIIN nF rHIEF-JUSTICE PEARSON. 
 
 i 
 THE REPLY OF THE (JflVERNOR. 
 
 RALEIGH: 
 
 STANDARD STEAM BOOK AND .lOH I'lUNT. 
 
 1S7<>. 
 
H 
 
 itLt 
 
 PROCLAMATIONS 
 
 u 
 
 e>- 
 
 y tie dOMNOR of NORTH CAROLINA 
 
 TOCKTHEK "WITH 
 
 
 THE OPINION OF CHIEF-JUSTICE PEARSON. 
 
 THE REPLY OF THE GOVERNOR. 
 
 RALEIGH: 
 
 STANDARD STEAM BOOK AND JOB PRINT. 
 1870. 
 

PEOCLAMATIONS, &c. 
 
 A PEOCLAMATION, 
 
 BY HIS EXCELLENCY, THE GOVERNOR OF NORTH CAROLINA. 
 
 EXECUTIVE DEPATMENT, 
 
 PtALEiGH, October 12th, 1868. 
 
 Information has been received at this department that mili- 
 ■tary M-eapons, snch as repeating riiles ot various kinds, have 
 been imported into this State, and have been distributed with 
 <nmmnnitior and equipments to citizens in several localities. 
 It is believed that boxes containing arms, ammunition and 
 equipments are concealed in divers places, ready to be distribu- 
 ted as opportunity may offer. 
 
 Tlie object of the persons thus engaged must be either to 
 subvert the government, to resist the constituted authorities, 
 or to prevent a free election in this State on the third day of 
 next month. 
 
 The government of Nortli Carolina has been lawfully and 
 ■constitutionally established. This government has been freely 
 and voluntarily formed by a majority of the citizens in pursu- 
 :ance of acts constitutionally passed by the Congress, under 
 which my innnediate predecessor held office from the 2d day 
 of March, 1SG7, to the 1st day of July, 1868. The constitu- 
 
tionality of these acts, if qnestioiied during this period, were 
 nevertheless subscribed to and maintained by him, and by every 
 department of the government, from the said 2d day of March, 
 1867, to the said 1st day of Jul}', 1868 ; and now, that they 
 have been executed by the common consent of the whole people 
 voting under them at the polls for members of a Convention,, 
 for the new Constitution, and for niembers of Congress and 
 State oflScers, the result which has been eiiected closes the dis- 
 cussion in relation to them, and renders the present Constitu- 
 tion of government as valid and binding as were the Constitu- 
 tions of 1770 and 1835. 
 
 This government will 1)C maintained for the following, among- 
 other reasons : 
 
 1st. It has been lawfully and constitutionally established by 
 the whole people of the State. It is operating smoothly and 
 harmoniously. Under it the })eople are quiet and peaceable,, 
 and are just entering anew on a career of prosperity. It must 
 not bo upset or even assailed, because the colored people have 
 been allowed to vote ; or because they will vote vritli a certain 
 party ; or because a few public men are out of office and a few 
 are in. 
 
 2d. Senators and Representatives have been admitted by the 
 Congress to scats in that body. The State is, therefore, of as 
 well as in the Union. It is as much of the Union as Xew 
 York or any other State. AV) State can secede, nor can Con- 
 gress push a State out, or sever its relations with the common 
 government. If Congress should, therefore, do what is exceed- 
 ingly improbable, repeal the reconstruction acts, such rei)eaL 
 would have no more effect than a repeal of the act admitting 
 Texas or Kansas to I'epresentation. The reconstruction acts 
 have been executed, and are, therefore, beyond the reach of 
 Congress. 
 
 3d, The Supreme Court has no jurisdiction of the subject. 
 Its ])owers are expressly deiined by the Constitution to bo 
 "judicial,"' and not political. It lias already decided that the- 
 question of admission to I'cpresentation is a ]X)litical (piestion^ 
 
and that when determined by Congress, as it has been in rela- 
 tion to North Carolina, the court will not interfere. 
 
 4th. The President would have no more power 1o declare 
 the reconstruction acts null and void, with a view to the extin- 
 iTuishnient ot the o-overnment of this State, than I would have 
 to declare that a certain Cciunty wr ('ounties in this State should 
 •oeasc to exist. 
 
 The government of North Carolina is, therefore, as iirmly 
 ■established as that of any other State. It has the same control 
 •of the right of suffrage, and of its own internal aflairs, as the 
 •other States have ; and it possesses equal power M'ith the other 
 "States to protect and perpetuate itself. 
 
 The right ot the people to have arms in their houses, and to 
 "bear" them under the authority of law, is not questioned. 
 On the contrary, it is claimed as a constitutional right sacred 
 to freemen. The use of arms by the male pojrulation, for 
 peaceable and lawful purposes, should rather be encouraged 
 than otherwise ; but when, in time of peace, weapons of an 
 extraordinary character are imported into the State by political 
 organizations, and deposited and distributed in a secret manner 
 .among person. s whoso spokesmen deny the authority of the 
 existing government, and who publicly declare that all govern- 
 ment, to be authoritative and binding, must proceed alone 
 from one race of our people, a state of affairs is at once consti- 
 tuted which renders it the duty of every oflicer and eveiy 
 citizen to be more than usually vigilant. It can not be pre- 
 tended that these arms are intended for hunting or sporting 
 purposes. It can not be justly assumed that they are necessary 
 for the protection of those who have them, since the whole 
 ;pGwcr of the State and general governments is ])ledged to 
 protect the peaceable and the law-abiding, whoever and where- 
 over they may be. 
 
 If it be the purpose of any })ortlon of the people in any event 
 to resist the laws or to subvert the government, they should 
 bear in mind that tiieason is the highest crime that can be 
 •committed ; that they are liable to arrest and ]>unishraent 
 
6 
 
 under the " Act to punish conspiracy, sedition and rebellion," 
 which will be enforced, if necessary, witli a firm hand ; and 
 they should reflect that the magnaniniit}- of the government, 
 which spared the Jives and the estates of those who engaged 
 in the late i-ebellion, may not be extended a second time to 
 save them from the consequences of their crimes. 
 
 If it be the purpose of any portion of the people, by the use 
 of arms, or by threats or intimidation, to prevent the people 
 from going to the polls and voting as they may choose to vote 
 on the third day of next month, it is my duty to inform them 
 that force will be met with force, and that every person who 
 may thus violate the law will be punished. Every race of 
 men in this State is free. The colored citizen is equally enti- 
 tled with the white citizen to the right of suffrage. The poor 
 and the humble must be protected in this right equally with 
 the affluent and the exalted. The election must be absolutely 
 free. 
 
 In view, therefore, of this condition of affairs, I have deemed 
 it my duty to issue this Proclamation, admonishing the people 
 to avoid undue excitement, to be peaceable and orderl}', and 
 to exercise the right of suffrage firmly and calmly, without 
 violence or force of any kind. Every good citizen is gratified 
 that North Carolina is at present as quiet and peaceable as 
 any State of the Union. Let us maintain this good name for 
 our State. Let us frown indignantly on the use of brute force, 
 or bribes, or threats, to control the election ; and let ever}"^ 
 officer of the State, civil and military, be prepared to check 
 instantly any incipient step to sedition, rebellion or treason. 
 
 Tlie flag of the United States waves for the protection of 
 all. Every star upon it shines down with vital fire into every 
 spot, liowsoever remote or solitary, to consume those who may 
 resist the authority of the government, or who oppress the 
 defenceless and the innocent. The State government will be 
 maintained ; the laws will be enforced ; every citizen, what- 
 e\er his political sentiments, will be protected in his rights; 
 the unlawful use of arms will be prevented, if possible, and il* 
 
not prevented, will be punished ; and conspiracy, sedition and 
 treason will raise their heads only to be immediately subdued 
 by the strong hand of military power. The General com- 
 manding this department has instructed the district and post 
 commanders to " act in aid and co-operation, and in subordi- 
 nation to the civil authorities," in maintaining the peace and 
 in securing a free election. The power of both governments 
 is thus pledged to peace, order and tranquility. 
 
 It is specially enjoined on all officers of the Detailed Militia 
 to observe the " act to organize a militia of JSTorth Carolina," 
 and to act in strict subordination to the civil power. And all 
 Magistrates, Sheriffs and other peace officers are also specially 
 enjoined to be vigilant, impartial, faithful and firm in the dis- 
 charge of their duties, magnifying and enforcing the law, 
 ferreting out offenders, protecting the weak against the strong 
 who may attempt to deprive them of their rights; to the end 
 that the wicked may be restrained, the peace of society 
 preserved, the good name of the State maintained, and the 
 government perpetuated on the basis of Freedom and Justice 
 to all. 
 
 _._ Done at uur city of Raleigh, on the 12tli day of 
 
 ■j L. s. ^ October, in the year of our Lord one thousand eight 
 
 ^"""^^ hundred and sixty-eight, and in the ninety-third 
 
 year of our Independence. 
 
 W. W. HOLDEN, Governor. 
 By the Governor : 
 
 Egbert M. Douglas, Private Secretary. 
 
A PROCLAMATION, 
 
 i;v Ills EXCELLENCY, THE GOVEKNOR OF NORTH CAROLINA. 
 
 EXECUTIVE DEPARTMENT, 
 
 Raleigh, April 16, 18G9. 
 
 It is my duty to ]>iibiisli the following act, passed by the 
 ■ General Asseniblj" of North Carolina at its recent session : 
 
 AX ACT .AIAKIXG THE ACT OF GOING MASKED, DISGUISED Oil 
 PAINTED A FELONY. 
 
 Section 1. The General Asxcmbbj of North Carolina do enact, Any person wlio 
 siiall disguise liiniself by paintinc: his face, or bj' ■wearing any mask or any 
 other device for the concealment of tho face or person witli intent to terrify or 
 frighten any citizen or the community, or part thereof, sliall be deciiied guilty 
 of a misdemeanor, and be punished by tine or imprisonment in the County jail, 
 at the discretion of tlie Court. 
 
 Skc. 2. Any person or persons, either singly or in association with each other, 
 who, being disguised or masked, or otherwise concealed in the manner described 
 in tiie preceding section, shall commit any trespass or act by force or violence, 
 whidiisnowa misdemeanor by any statute of tliis State, or at common law, 
 .•■■hall be deemed guilty of felony, and sliall be imprisoned at hard labor in the 
 Penitentiary for a term of not less tiiat one j'ear, or more than ten years. 
 
 Sec. 3. This act shall go into effect on its ratification, and the Governor shall 
 cause the same to be published immediately. 
 
 Ratified tlie Pith day of April, A. I). 1809. 
 
 No person in this State can be " in any manner deprived 
 of bis life, liberty or property, but by the law of the land." 
 Every man's house is liis castle, into which no man can enter 
 to molest or disturb him unless by authority of law. Tlie 
 humblest and the })oorest are entitled to this protection equally 
 with the Avealthiest and most e.xalted. The (courts will extend 
 this protection, and the Executive is prepared to sustain the 
 Courts, and to do everythino; witliin tho s]>here of his powers 
 and duties to preserve peace and good order in society. Bands 
 of men who go masked and armed at night, causing alarm and 
 terror in iieigbboriioods, and (tommitting act.^ of violence on 
 the inoffensive and defenceless, will be followed and brought 
 to justice ; and de])redators and ri»l)bors, who live v)n the honest 
 
9 
 
 •earnings of others, will be made to feel the penalty due to 
 their crimes. 
 
 It is hoped the evils complaiiied of, and which are confined 
 to a few localities, will speedily cease. The great body ot the 
 people of the State are submitting quietly and peaceably to 
 established authority, and laboring assiduously to retrieve 
 their fortunes and improve their condition. I appeal to this 
 .great body of the people to unite with me in discountenancing 
 and repressing the evils referred to. Public opinion properly 
 ■embodied and expressed will be more efl'ectual in repressing 
 tliese evils, and in promoting the general good that will result 
 from the complete establishment of peace and order in every 
 neighborhood in tlie State, than the execution of thehiMit self 
 against offenders in a few individual cases. I respectfully and 
 •earnestly invoke this public opinion. By the regard which 
 we all iiave for the peace of society and the good name of the 
 State, I call upon every citizen to unite with me in discoun- 
 tenancing disorders and violence of all kinds, and in fostering 
 and ])romoting confidence, peace and good-will among the 
 whole people of the State. 
 . ,__ Done at our City of Raleigh, this the 16th day of 
 
 -| L. s. - April, one thousand eight hundred and sixty-nine, 
 "^ ■ and in the year of the independence of the United 
 States the 93d. 
 
 ^y. W. ILOLUEN, Gover?wr. 
 .13y the Governor : 
 
 W. E. E.icHAiiDsoN', Ad'nuj Private oecreiary. 
 
 A PROCLAMATION, 
 
 i;Y ins EXCELLENCV, THE (JOVRRNOIi OF NORTH CAROLINA.. 
 
 EXECUTIVE DEPARTMENT, 
 
 Raleigh, October 20th, 18G9. 
 
 .Nt)tv;it!istanding the existence of ])eace and good order in 
 
10 
 
 other portions of the State I regard it as my duty to announce 
 that in four Counties, to-wit : Lenoir, Jones, Orange and 
 Chatham, there is, and has been for some months past, a feel- 
 ing of insubordination and insurrection, insomuch that many 
 good citizens are put in terror for their lives and i)roperty, 
 and it is difficult, if not impossil)le, to secure a full and fair 
 enforcement of the law. Information has reached, and con- 
 tinues to reach tlie Executive, that in the above Counties a 
 state of feeling exists whicli is totally incompatible with the 
 free exercise, by the friends uf the Government, of that inde 
 pendent expression of opinion, and that freedom of action 
 which is tlie birthright of every American. In Lenoir and 
 Jones various theits and murders luive been committed ; jails 
 have been forcibly ojieiied an<l tlie prisduer.-- taken tliencc 
 have i)een miirdered : an olHcer of the law has l)een waylaid 
 and slain on the public highwa}', and another officer of the 
 law has been slain in the open day while engaged in his ordi- 
 nary avocations. Private dwellings have been entered and 
 the occupants terrified, and some of them whipped or mur- 
 dered ; others have been shot or hanged or cruelly beaten ; and 
 the result is that thus far the civil law, though firmly asserted 
 and maintained, has not been adequate to bring the insubor- 
 dinate and the wicked to condign punishment. In Chatham 
 the jail has been forcibly opened and a prisoner, confined un- 
 der sentence of a Court of the United States, has been liberated 
 and is now at large. In Orange tlie jail has been forcibly 
 opened and two prisoners (colored men) taken out and shot, 
 one of whom has died of his wounds. Three other colored 
 men have been hanged until they were dead, one has been 
 cruelly mutilated, and others have been whipped. Wliitc citi- 
 zens have been injured, insulted and terrified. The Univei'sity 
 of the State, sacred to the cause of learning, lu\s been re- 
 peatedly invaded by bands of armed men in disguise on horse- 
 back, and acts of violence have been there perpetrated on un- 
 offending citizens and officers of the law. Many of the col- 
 
11 
 
 ored pe()]>]c in tiiese Counties, :ind no inconsiderable portion 
 of the \viiito peo])le, thouii^h obedient to the law and good 
 citizens, are livinu" uuder constant apprehensions that tliey may 
 fall victims at any moment to the malice of their enemies. 
 
 It is made 1113' duty under the Constitution " to call out the 
 militia to execute the law, suppress riots or insurrection and 
 to repel invasion." I deeply regret that it seems necessary to 
 resort to the military power to enforce the lav/ and to protect 
 the citizen. But the law must be maintained. I have waited 
 in vain, hoping that a returning sense of reason and justice 
 would arrest these violatious of the hiw. But these evils, in- 
 stead of diminishing have increased, and no course is left to 
 me but to issu^ this proclamation of admonition and warning 
 to all the people of the Counties mentioned, whether engaged 
 in these flagrant violations of law, or whether indifferent or 
 insensible to what is occurring in their midst. I now call upon 
 every citizen in the Counties aforesaid to aid the civil power 
 in a fearless enforcement of the laws. No set of men can take 
 the law into their own hands. Every citizen, however hum- 
 ble, or whatever his color, has aright to be at peace in his own 
 house, and cannot be taken thence except by due process, and 
 cannot be punished save by the law. If there be those who 
 counsel resistance to established authority, such persons are 
 traitors and should be punished accordingly ; if there be those 
 who, disguised or masked, enter the dwellings of others "^by 
 force and commit acts of violence, such persons are guilty of 
 felony, and should be punished by hard labor in the peniten- 
 tiary ; if there be those who, without precept or order, hang, 
 or shoot, or otherwise deprive any one of life, such persons'arc 
 murderers, and should be punished accordingly. 
 
 I now give notice in the most solemn manner, that these^vio - 
 lations of law and these outrages in the aforesaid Counties 
 7ny^t cease : otherwise, I will proclaim those Counties in a 
 state of insurrection, and will exert the whole power of the 
 State to enforce the law, to protect those who are assailed ^or 
 injured, and to bring criminals to justice. In a matter like 
 
12 
 
 this there should 1">g no p:ii'ty focHug. It is my fixed purpose 
 to protect every citizen witliont re;j:ard to his antecedents, hi* 
 •color or liis political opinions ; but to do tliis the law must be 
 sacred, must be spread over all alike, and must l^e inflexibly 
 maintained. 
 
 ^_._, Done at our City of Raleigh, this the 20th day of 
 
 -| L. s. ,- October, in the year of our Lord, one thousand eight 
 ^^' Iiundred and sixty-nine, and in the ninety-fourth 
 
 year of our Independence. 
 
 yV. W. IIOLDEN, Governor. 
 r>y the Gosx'i'iior : 
 
 W. Iv,. Ri'j!r.s.iiusi»x, Pr'ioate Secretary. 
 
 A PROCLAMATION 
 
 r.V HIS KXCT'.LLFNCV, THE fiOVERNOK OF KORTU CAROLINA. 
 
 EXECrTIYE DEPARTMENT, 
 
 Ralkioii, Marcli Tth, 1S70. 
 
 By virtue of authority vested in me by the Constitution of 
 the State, and by virtue of an act passed ;it the present session 
 of the General Assembly, entitled " An ac' 'o secure the better 
 protection of life and projierty." ratified the 29th day ot Jan- 
 nary, 1870, and for the reason that the civil authorities of the 
 ■County of Alamance are not able to protect the citizens of 
 said County in the enjoyment of life and property, I hereby 
 jM'oclaim and declare that the County of Alamance is in a state 
 of insurrection. 
 
 On the 2Cth of November, 1S61>, a citizen ot the United 
 Glali'h, v\ lit' was engagCu in teaciiiiji^ u. juimjui lU said County, 
 was taken from his house by a band of men armed and dis- 
 .guised, and was l>y them cruelly beaten and scourged. 
 
13 
 
 On the night of the 20th ot February, 1S70, a citizen ()f?.aic? 
 County was taken from his house by a band of men armed 
 and disguised, and was by them hanged by the nejk until he 
 was dead on the pubhc; stjuare in the town of Grahau::, near 
 the Court House. 
 
 And more recently the Postmaster at Com|niny Shops, m 
 said county, an otticer of the Government of tlic United States, 
 was compelled to tlee the County, and while absent a band of 
 men armed and disguised visited his house, with tlie purpose^ 
 doubtless, of taking his life; aud this within a short distance 
 of Federal troops stationed in said County, not to overawe or 
 intimidate good citizens, but to preserve the peace and to })r()- 
 tect the innocent and the law-abiding. 
 
 In addition to these cases information has been received at 
 this department that peaceable and law-abiding citizens uf the 
 County aforesaid have been molested in their houses, have 
 been whipped, shot, scourged, and threatened with farther 
 visitations of violence and outrage unless they would confornt 
 to some arbitrai'y standard oi' condiicr ;-et uj) b_v these disguised 
 assassins and murderers. 
 
 I have issued proclamation after p;'()i'lamati'»n to the j)e(Jijle 
 ot the State, warning: ollenders and v^-icked ur miscrnided 
 violators of the law to cer.se iheir e\-il deeds, and, by leading- 
 better lives, propitiate thof-e whose duty it is to enforce the 
 law. I have invoked public opinion to aid me in repressing 
 these outrages, and in preserving peace and order. [ have 
 waited to see if the people of Alamance would assea:;ble in 
 public meeting and ex]")ress their condemnation <>f such con- 
 duct by a portion of the citizens of the County, but I liavo 
 waited in vain. No meeting of the kind lias been lield. No 
 expression of disapproval even of such conduct by the great 
 bod}" of the citizens has yet reached this department : but, on 
 the contrar}', it is believed that the lives of citizens who have 
 reported tliese crimes to the Executive have been thereby 
 endangered, and it is further believed that many of the citizens- 
 of the County are so terriiied that they dare not complain, or 
 
14 
 
 attempt the arrest of criminals in their midst. Tlie civil 
 oftico'ri of the County are silent and ]wwer]ess. 
 
 Tlie laws n)r.st be maintained. Tlicse laws are over all. 
 Every citizen, of whatever party or color, must be absolutely 
 free to express his political oj^inions, and must be safe in his 
 own house. These outrages and these violations of law must 
 and SHALL cease. Criminals must and shall be brouy-lit to 
 justice. The whole ])0wer of both governments, State aiid 
 Federal, is pledged to tliis^ and this power will be exerted. 
 Criminals who may escape to counties adjoining Alamance 
 will be jnirsued, and if not delivered up l)y the civil authorities 
 of said counties, or if sheltered <>!• I'mtected in said counties 
 with the knowledge of the civil authoi'ities, the said counties 
 will also be declared to be in a state of insurrection. 
 
 I earnestly appeal to all good citizens to aid the civil uuthor- 
 ities in niaintaing peace and good order, and to support me in 
 my purpose to protect life and pro])erty without regard to 
 pai ty or color. 
 
 Done at the city of Ealeigh, this 7tli day ^A' March, ISTO, 
 iind in the D-ith year of our Independence. 
 
 W AV. ILOLDEX, Governor. 
 T*y the Governor : 
 
 W. E. Richardson, Private Secretary. 
 
 A rnOCLAMATIOX 
 
 i:V Ills EXCKI LEXCV, TUK GOVEKNOli OF NORTH CAROLINA. 
 
 EXECUTIVE DEPATMEXT, 
 
 Raleigh, June Gth, 1S70. 
 
 "Whekeas, In January or February, 1SG9, the house ot Dan- 
 iel Elue, colored, in the county of Moore, was entered at night 
 
15 
 
 by a band of disguised men, kjiown as the Ku Klux Klan, <and 
 the wife of the said Bhie, who was pregnant, and five of the 
 children were murdered, and the house with the bodies of the 
 murdered persons aforesaid was burned ; and 
 
 "Whereas, on the 26th of February, 1870, Wyatt Outlaw, 
 colored, a citizen of Alamance, was taken from his house in 
 the town of Graliam by disguised persons known as the Ku 
 Klux, and hanged by the neck until he was dead, on a tree 
 near the Court House; and 
 
 Whereas, on the 21st day of May, 1870, John W. Stephens, 
 white. State Senator from the county of Caswell, was murdered 
 in open day-light in the Court House in the village of Yancey- 
 ville, by persons unknown, supposed to belong to the Ku Klux 
 Klan aforesaid ; and 
 
 W^hereas, on the loth of May, 1870, Robin Jacobs, colored, 
 living near Leasburg, Caswell county, was murdered at night 
 by a band of the Ku Klux Klan aforesaid ; and 
 
 Whereas, from the 2d of April, 1870, to the 15th of May, 
 1870, not less than twenty-one persons, white and colored, in 
 the aforesaid county of Caswell, were cruelly whipped and 
 scourged by a band or bands of the aforesaid Ku Klux Klan ; 
 and 
 
 Whereas, during the week ending the 14th of May, 1870, a 
 colored man in the county of Lincoln was taken from his bed 
 at night and tied to a tree by a band of disgused persons known 
 as the Ku Klux Klan, and cruelly whipped ; and 
 
 Whereas, about the same time, in said county, a band of 
 men disguised, known as the Ku Klux Khin, in said county, 
 shot a colored man on the public highway, and then told him 
 they had shot him through mistake for another colored man, 
 but laid him on a pile of fence rails and told him to cry for 
 help ; and 
 
 Whereas, a colored man named Puryear, of the county of 
 Alamance, supposed to be half-witted, having followed two of 
 the disguised murderers of Wyatt Outlaw to their homes, and 
 having spoken of the tact publicly, suddenly disappeared, and 
 
16 
 
 was found drowned in a mill pond v/itli a twenty-pound rock 
 to his feet ; and 
 
 Whereas, T. M. Shoffner, one of the Senators in tlie General 
 Assembly of this State from the counties of Alamarice and 
 Guilford, has been compelled to sacritice his property, and, to 
 save his lite, to make his escape from said county on account 
 of his opposition to the Ku Klux IClan aforesaid, and his devo- 
 tion to the government of the United States ; and 
 
 Whereas, on the 2Gth of May, 1S70, a most atrocious mur- 
 per was committed by three disguised men on Keill ]\rcLeod 
 and Daniel McLeod, white, of the county of Cumberland, and 
 three others of the family were wounded by these assassins ; and 
 Whereas, in divers other localities peaceable citizens have 
 been insulted in their houses, put in fear for their lives, whipped, 
 scourged, maltreated, mutilated and murdered by persons dis- 
 guised, and known as the Ku Klux Klan ; and whereas, retal- 
 iation has commenced by the burning of barns, stables and' 
 mills; and whereas, all these evils are to bo traced to the Ku- 
 Klux Klan aforesaid, though no apology can be oflered for the 
 retaliation referred to, for it is equally to bo deplored and rep- 
 robated as a wicked violation of the law; and n])on due infor- 
 mation laid before me, (which information has not been fur- 
 nished,) that barns, or stables, or mills, or dwelling houses,, 
 have been burned by incendiaries, mentioning localities and 
 the persons to whom the said barns, or stables, or mills, or 
 dwelling houses belonged, rewards will also be offered for the 
 arrest and conviction of the incendiaries aforesaid : 
 
 Now, THEREFORE, I, WiM.iAM W. lIoLPEN, Govcmor of the 
 State of North Carolina, do issue this my ])roclamation, olfer- 
 ing a reward of FIVE IlLWDRED DOLLARS for the arrest 
 of each of the murderers of the wife and children of Daniel 
 Blue, of each of the murderers of Wyatt Outlaw, of each ot 
 the murderers of John W. Stephens, of each of the murderers 
 of Ilobiii Jacobs, of each of the persons who murdered Puryear, 
 and of each of the person^ who murdered Xeill McLeod and 
 Daniel McLeod, and robbed t]ic family of the said Neill 
 
r 
 
 McL'eod, together with such evidence as will lead to the con- 
 viction of the persons thus uiTcsted ; t'luse who planned, 
 advised or counselled the coujUiission ot t!io uci: ; tli^.., .Jio 
 participated in the act or acts; or those who conspired to 
 conceal tfce bodies of the murdered, or aided in the concealment 
 and escape of the felons : 
 
 And I enjoin upon all ofiicers, civil hikI military, to aid in 
 'ringing these and all other offenders to justice ; and especially 
 to discountenance, discourage, and rciM'ess all organizations of 
 men who ride or walk at nigiit in disguise, with arms in their 
 hands. It is a misdemeanor thus to go disguised, and it is 
 felou}^ if these disguised persons molest or injui-e peaceable 
 citizens in their life and property. 
 
 . - , Done at our citv of Raloio-h, this sixth day of 
 
 < L. s. ,- June, in the year of our Lord one thousand eight 
 
 ' '~^ hundred and seventy, nnd in the ninety-fourth year 
 -of our Independence. 
 
 W. W. IIOLDEN, Governor. 
 By the Governor : 
 
 "\Y. R. TlicHAKDSON, Private Secrefar?/. 
 
18 
 
 EXPAllTE BOYD AND OTHERS. 
 
 Mr. R. C. Badger, counsel lor the Executive, appeared and 
 read the following reply to the Chief Justice's letter of yes- 
 terday. 
 
 EXECUTIVE OFFICE, 
 
 Raleigh, July 19, .1870. 
 
 To the Hon. RicinroND M. Pearson, 
 
 Chief Justice of North Carolina : 
 
 Sir: — Your communication of yesterday concerning the 
 arrests made by Col. (4eo. AV. Kirk, together with the enclosed, 
 is received. 
 
 I respectlully reply : — That Col. Geo. W. Kirk made the 
 arrests and now detains the prisoners named by my order. He 
 was instructed lirmly but respectfully to decline to deliver the 
 prisoners. No one goes before mo in respect for the civil law, 
 or for those whose duty it is to enforce it, but the condition of 
 Alamance county, and some other parts ot the State, has been 
 and is such that, though rehictant to use the strong powers 
 vested in me bj' law, I have been forced to declare them in a 
 state of insurrection. 
 
 For months past there has been nuituring in these localities, 
 under the guidance of bad and disloyal men, a dangerous 
 secret insurrection. I have invoked public oi)inion to aid mo 
 in suppressing this treason I I have issued proclamation after 
 proclamation to the i)eo])le of the State to break up these un- 
 lawful combinations I 1 have brought to bear every civil 
 power to restore peace and order, but all in vain ! The Con- 
 stitution and laws of the United States and of this State are 
 set at naught ; the civil courts are no longer a protection to 
 life, liberty and property ; assassination and outrage go un- 
 punished, and the civil magistrates arc intin:iidated and are 
 afraid to perform their functions. 
 
19 
 
 To the luajority of the people of these sections the approach 
 of night is like the entrance into the valley of the shadow of 
 death ; the men dare not sleep boneatli their roofs at night, 
 but abandoning their wives and little ones, wander in the woods 
 until day. 
 
 Thus civil government was ci-umbling around me. I deter- 
 mined to nip this new treason in the bud. 
 
 By virtue of tlie power vested in me by the Constitution and 
 laws, and by that inherent right of self-preservation which 
 belongs to idl governments, I have prochiinied the county of 
 Alamance in a state of insurrection. Col. Geo. W. Kirk is 
 connnanding the military forces in that county, made the 
 arrests referred to in the writ of habeas corpus, and now detains 
 the prisoners by my order. 
 
 At this time I am satisiied that tlie public interests i-equirc 
 that these military prisoners sliall not be delivered up to tlie 
 civil power. 
 
 I devoutly hope that the time may be short when a restora- 
 tion of peace and order may release Alamance county from the 
 presence of military force and the enforcement of military law. 
 Wlien that time shall arrive I shall promptly restore the civil 
 power. 
 
 V/. W. IIOLDEN. 
 
 Governor. 
 
 On the conclusion?of the reading of the communication from 
 the Executive, Mr. Badger read various Proclamations issued 
 from the Executive oIKce at'various times within the last two 
 years in reference to various Ku Ivlux outrages and disorders 
 in the counties of Jones, Lenoir, Alamance, ifec. 
 
 Chief Justice said, before the argument opens I will observe 
 to the counsel|the object of argument is to aid me in forming 
 an opinion on four questions of law : 
 
 1. Do the tacts set out] by his Excellency show that Col. 
 Kirk had a " reasonable excuse '' for not making return to the 
 
20 
 
 ^\■rita of Jiaheas corjms, as so to release him from the j>o\vcrs 
 find penalties of an attac^niiont ? 
 
 2. Do the facts set out show an '• insurrection " and a con- 
 <lition of things, putting tlie lives and property of our citizens 
 in sucli imminent peril as to suspend the writ o^ habeas corj^us 
 in the counties subject to military- occupation ? 
 
 3. Suppose the writ not to to be suspended as in the ]>rescnt 
 condition of the country, it is highly probable, nay, in my 
 opinion certain, that an order to the Slicriff of a county to call 
 out " tlie power of the count}"," and vrith force take tlie peti- 
 tioners out of the h:'.'."ls ot the military authorities will plunge 
 the Vv-hole State into civil war,— should not the act of 18GS-'69, 
 be so construed as to make it subservient to that clause of the 
 constitution, which confers power on the Governor to call out 
 the militia to suppress riots and insurrection, in counties where 
 the Governor has exercised this power and taken military ]k>s- 
 session ? 
 
 4. If so, should the writ I'C dii-ected to the Governor? 
 
 I shall be pleased to hear argument on these subjects as 
 questions of law, and will leave it to the good souse of the 
 counsel to decide, whether an excited discussion such as on 
 yesterday, will be calculated ^either to aid me in forming an 
 opinion, or to answer any other useful purpose. 
 
 PEAKSON. 
 
21 
 
 OPINION OF CHIEF JUSTICE PEARSON IN THE 
 HABEAS CORPUS CASE OF A. G. MOORE. 
 
 EXPARTE, ADOLPilUS G. 3.[OORE. 
 
 Upon proof of service and tlio tailure of Col. Kirk to retan> 
 the vrrit, the counsel of tlie prisoner submitted two motions:- 
 
 1. For an attachment against (i. ^V". Kirk for failing to make 
 return ; 
 
 2. For a writ, to be directed to the Sheritf of some county, 
 commanding liim, with the power of the county, if necessary, 
 to take the prisoner out of the hands of said Ivirk and have 
 liini before the Chief Justice. 
 
 The fact of service and tlie failure to inake return was a suf- 
 ficient foundation for these motions. But tl)e affidavit sets out 
 furtlier that G. W. Kirk said "he was acting under the orders 
 of Gov. Ilolden, and should make no return.'' 
 
 Tliis extraneous matter, if true, liad in my judgment an im- 
 piortant bearing on the pending inotions, and i";ot V)eing at lib- 
 erty to assume it to be true on the verbal .statement of Col. 
 Kirk, I addressed a co:iiiuunicatii)n to his Excellency, asking- 
 to be informed if Col. Kii'k iiad his orders. Tiie purpose was 
 to have the orders to Col. Kirk avowed or disavowed, and make 
 it a fixed fact one way or ihe other, and to afford an opportu- 
 nity to his Excellency, if avowed, of setting out the ground of 
 his action, and of being heard by counsel. The cause of truth 
 is always served by argument on both sides. 
 
 1. The main question, and one on which butli motions de- 
 pend, is this: Does the fact that tlie Governor had declared 
 the county of Alamance to be in a'state of insurrection, and 
 had taken military possession, have the legal effect to suspend 
 the writ of haheas corpus in that county? If so, the p)risoiier 
 takes nothing by either motion ; if otherwise, it will becotne 
 necessary to give them further consideration. 
 
 It v.-as insisted by the cijunscl of the prisoner that the Gov- 
 
22 
 
 ■ernor's reply is no part of this proceed i !!<«:, and cannot be 
 noticed. In my opinion it forms a part ol the proceeding to 
 the extent of the avowal of the orders given to Col. Kirk, (tliat 
 is in direct response to my inquiry,) and of the fact that in the 
 ■exercise of the power coni'erred on liim, lie had declared the 
 ■county of Alamance to bo in a state of insnn-cction— taken 
 military possession and ordered the arrest and detention of the 
 petitioner, as a inilitai'ij prisoner ; the action of his Excellenc}' 
 is relevant, for, if the ju-ivilege of the writ o^ hahecu^ airjms be 
 •enspendcd, the writ now sued for ought not to \)C awarded — 
 {ex parte Ti.hias Watkins, 3, Peters 103.) 'The (Jiiief Justice 
 says : " The writ onght not to he awarded, if tb.c Court is 
 satisfied that the ])risoi!er would he remanded." This case is 
 cited and ,M]>j)rovt>d. {E.c j)cute Milligan 4, Wallace 111.) 
 
 His Excellency w;>s aloo pleased to set out some of the special 
 facts that satisiied him that the civil authorities of the county 
 were umil>!i.' to protect its citizens in the enjoyment of life and 
 pro]>crty ; it is not mine to ])ass upon these facts or judge ot 
 their sutticiency. 
 
 Mr. liadgei', of counsel lor His Excellency, relied on the 
 ■Coristitution. " The Governor shall be commander-in-chief, 
 and liave ]iower to call out the militia to execute the law, sup- 
 press riots ov insun-ections and to re})el invasion.'" — Art. Xll, 
 Sec. 3, ami on the statute act l8C9-'70, chap. XXYII, sec. 1 — 
 ■*' The Governor is hereb}' authorized and empowered, when- 
 ever in his jiulgment the civil authorities in any county are 
 unable to pi-utect its citizens in the enjoyment of life and prop- 
 erty, to declare such county to be in a state of insurrection, 
 and to call into active service the militia of the State, to sucli 
 an extent as may l)ccome necessary to su})press the insurrec- 
 tion ;"' and he insisted : 
 
 1. This clause of the Constitution and the statute em})owers 
 the Governor to declare a county to be in a state of insurrec- 
 tion whenever, in his Jnclt^ment, the civil authorities arc unable 
 to jirotect its citizens in the enjoyment of life and proi")erty. 
 The Governor has so declared in regard to the county of Ala- 
 
23 
 
 maiice, and the judiciary cannot call his action in question or 
 review it, as the matter is confided solely to the judoment of 
 the Governor. 
 
 2. The Constitution and this statute confers on the Governor 
 all the powers " necessary " to suppress the insurrection, and 
 the Governor has taken military possession of the county and 
 ordered the arrest and detention of the petitioner as ^military 
 prisoner.- This was necessary, for unlike other insurrections 
 it is not open resistance, but a novel kind of insurrection, seek- 
 ing to etfect its purpose by a secret association spread over the 
 country, seeking to effect its purpose by secret association, 
 scourging and otlier crimes committed in the dark, and evading 
 the civil authorities, by masks and fraud, perjury and intimi- 
 dation. 
 
 It follows, that the privilege of the writ oi habeas corpus^ is 
 suspended in that county, until the insurrection be suppressed. 
 
 I accede to the first proposition ; full faith and credit are 
 due to the action of the Governor in this matter, because he is 
 the competent authority, acting in pursuance ot the constitu- 
 tion and the law. The power, from its nature, must be exer- 
 cised in the executive, as in case of invasion or open insurrec- 
 tion. The extent of the power is alone the subject of judicial 
 determination. 
 
 As to the second, it may be that the arrest and also the de- 
 tention of the prisoner is necessary, as a means to suppress the 
 insurrection. But I cannot yield my assent to the conclusion : 
 the means must ho, proper as M'ell as necessary, and the deten- 
 tion of the petitioner as a military prisoner, is not a proper 
 means. For it violates the declaration of rights. " The privi- 
 lege of the writ of habeas corpus^ shall not be suspended," — 
 'Constitution, A7't. 1, Sec. 21. 
 
 This is an express provision, and there is no rule ot construc- 
 tion or principle of constitutional law, by which an express 
 provision can be abrogated and made of no force by an impli- 
 cation from any other provision of the instrument. The clauses 
 should be construed, so as to give effect to each and prevent 
 
24 
 
 conflict. This in done, by i;iving to Art. XII, Sec. 3, the- 
 effect of allowing military possession of a cosnty to be taken 
 and the arrest of all suspected persons, to be made by military 
 authority, but requiring by force of Art. 1, sec. 21, the 
 persons arrested, to be surrendered for trial, to the civil au- 
 thorities on haheas corpus,, should they not be delivered over 
 without the v\'rit. 
 
 This prevents conflict with the haheas corpus clause and 
 harmonises witli the other articles ot the " declaration of 
 rights " trial by jury, &c., all of which have been handed down 
 to us 1)5' our fatliers, and by our English ancestors, as great 
 fundariicntal principles, essential to the protection of civil 
 liberty. 
 
 I declare niy opinion to be, that the privilege of the writ of 
 I'Kibeas corpus has not been suspended by the action of his Ex- 
 cellency ; that tlie Governoi- has power under the constitution 
 and laws to declare a county to be in a state of insurrection, 
 to take military possession, to order the arrest of all suspected 
 persons, and to do all things necessary to suppress the insur- 
 rection, but he has no povvei' to disobey the writ of Juiheas 
 corpus,, or to order the trial of any citizen, otherwise than by 
 jury. According to the law of the land, such action would be 
 iii excess of his ixjwer. 
 
 The judiciary has ■» power to declare the action of the 
 executive as well as the acts of the General Assembly, when 
 in violation of the constitution, void and of no effect. Having 
 conceded full faith and credit to the action of his Excellency, 
 within the scope of the jiowcr conferred on him, I feel assured 
 he will in like manner give due observance to the law as 
 announced by the judiciary. Indeed he cannot refuse to do 
 so, without taking upon himself the responsibilit}- of acting on 
 the extreme principle, " The safety of the State is the supreme 
 law."* I will vc^ntun; to hope, as evil as the times may be, our 
 country has nor yet reachctl the point, when a resort to ex- 
 treme measures has become a ])ublic necessity. 
 
 2. The motion for an attachment against Col. Kirk is based 
 
25 
 
 on tlie haheas corpus act, acts lSG8-'69, chapter 1, sec. 15, 
 " If any person on wlioin a writ of haheas co?\pus is served, 
 shall refuse or neglect to obey the same by producing the body, 
 etc., within the time re(|uired, and no sujjicient excuse heshoion, 
 it shall be the duty of tlie Judge or Court forthwith to issue an 
 attachment against such person to the Sheriff of any county in 
 the State, commanding him immediately to arrest such person 
 and bring him before the Judge or Court, and such person 
 shall be committed to jail, until he shall make return to the 
 writ and comply with any order that may be made in relation 
 to the party for whose relief the writ shall have been issued." 
 
 Col, Kirk has refused to make return. The question is, do 
 the facts before me " show a sufficient excuse ?" The affida- 
 vit sets out that Col. Kirk put his refusal on the ground that 
 he liad orders from his commander-in-cliief, M'ho is the Gov- 
 ernor of the State, not to obey the writ. 11 is Excellency avows 
 that Col. Kirk was acting under his orders. So, we have this 
 case : Col. Kirk is commanded by the Chief Justice to produce 
 the body. He is ordered by his Commander-in-Chief not to 
 obey the writ. What was the man to do ? He elected to 
 obey his ordors. In my opinion there w^^iS sufficient excuse for 
 refusing to return the Mrit. The motion is not allowed. 
 
 The act in question does not rest on the idea ot punishing 
 for a contempt of the Judge or Court, but of compelling a re- 
 turn to the writ, and the production of the body. It is a sub- 
 stitute for the provision in " the old habeas corpus act," which 
 punished the officer or person refusing or neglecting to make 
 due return, " upon conviction by indictment,'' with a line of 
 §500 for the first offence, of $1000 and incapacity to hold office 
 for the second. The late act is an improvement upon the 
 former, b}' substituting the speedy remedy ot attachment in 
 place of indictment, and the severe punishment of imprison- 
 naent in place of line. Both ajts are evidently intended to 
 punish for not making return, and the last is also intended for 
 the immediate relief of the party in M'liose behalf the writ is 
 issued. The motion of punishing for a contempt of the Judge 
 
2G 
 
 or Court is not involved in either act, certcainlv not in that of 
 1868-'60 ; that is provided for bj " the contempt act," (same 
 session.) The proceeding is, by a rule to ahoiv cause, why an 
 attachment should not issue. And yet I was urged, with much 
 vehemence, by learned and aged counsel, to rule Col. Kirk up 
 for a contempt of the Chief Justice in this : The affidavit of 
 service sets out that Col. Kirk, when the writ was served, said, 
 " tell them sucli things are played out ; I have my orders from 
 Governor Ilolden and shall nut obey tlie writ." " I will sur- 
 render thciii on Gov. Ilolden's order, l)nt not otherwise, unless 
 tliey send a sufficient force to whip me." This, as was well 
 said by Mr. Badger, is the language of a rude soldier, and not 
 as courteous as m'c usualh'' iind in judicial proceedings. The 
 motion for a rule to sho.v cause for this contempt is not perti- 
 nent to tlie matter now on hand. The evidence on whicli it 
 rests comes in a questionable shape — extraneous matter put 
 into an affidavit of service to excite prejudice, and the motion 
 made at the instance of one who is under arrest tor the horrid 
 <;rime of murder by midnight assassination I At a time when, 
 as Mr. Bragg feelingly remarked, '' we are in the last ditch, 
 we look to the judiciary as our only hope. If that fails us, the 
 country is gone ! gone ! gone I" I do not feel it to be my duty 
 to leave grave matters, and then turn aside, to put a rule on a 
 rude soldier to show cause, for making a flippant speech. I 
 ^vill be borne out by every member of the protession in saying, 
 during the thirty-five years I have had the liouor of a seat on 
 the bench, I have never been slow to punish for contempt and 
 preserve the dignity of the Court, when I believe there was 
 an intent to assail it. I know my duty and trust 1 have firm- 
 ness enough to discliarge it. These remarks seem called for 
 because of the earnestness with which the motion was pressed 
 in language more courtly but fully as strong as that used by 
 the rude soldier, and the excited manner in which I was re- 
 minded of my duty, a!id exhorted to perform it ; nay, the oath 
 of office was read to me and I liad the benefit of hearing read 
 much of the lofty hxnguage of Lord Mansfield. 
 
27 
 
 3. The motion tor a precept directed to the sheriff of «orne 
 <Mnnt}' to bring the petitioner fortliwitli before me, and if 
 necessary, to take with liim the power of the county, is based 
 •on tlie ITth and IStli sections of the haheas corjnis act. "The 
 Court or Judge may direct a precept to any slieriff, coroner or 
 -other person to be designated tlierein, commanding him to 
 bring forthwith before such Court or Judge the party, (where- 
 •cver to be found,) for whose benefit the writ of haheas corpus 
 shall have been granted/' '' In tlie execution of this writ the 
 sheriff or person designated may call out the power of tlie 
 -county."" 
 
 The petitioner is entitled to this writ ; tlie only question is, 
 to whom should it be directed. The motion is that it should 
 be directed to the Sheriff" of some count}'. 
 
 I have considered the matter fully, and have come to the 
 ■conclusion not to direct it to a sheriff'. The act o-ives a dis- 
 ■cretion. In the present condition of things, the counties of 
 Alamance and Caswell declared to be in a state of insurrection 
 •and occupied Ijy military forces, and the public mind fever- 
 ishly excited ; it is highly probable, nay, in m}' opinion, certain, 
 that a writ in the hands of a Sheriff", (with authority to call 
 out the power of the county,) by which he is commanded wdth 
 force, if necessary, to take the petitioner out of the hands of 
 the military authorities, will plunge the whole State into civil 
 war. 
 
 It' the Sheriff" demands the petitioner of Col. Kirk, with his 
 present orders, he will refuse, aiul tlien comes war. The coun- 
 try has had war enough. But it was said by the counsel of 
 the petitioner, " if in the assertion of civil liberty, war comes, 
 let it come ! The blood will not be on your hands or on ours ; 
 it will be on all who disregard the sacred writ of haheas corpus. 
 Let justice be done if the heavens fall." 
 
 It would be to act with the impetuosity of youth and not 
 ■s\'ith the calmness of age, to li&ten to such counsels. " Let 
 justice be done if the heaven falls," is a beautiful figure of 
 speech, fpioted by every uneof the five learned counsel. Justice 
 
28 
 
 must be done, or the power of the Judiciary be exhausted, but 
 I would forfeit all claim to prudence tempered with firmness,, 
 should I, without absolute necessity, add fuel to the flame, and 
 plunge the country into civil war, provided my duty can be 
 fully discharged \vithout that awful consequence. Wisdom 
 dictates, if justice can be done, " let heaven stand." Unless- 
 the Governor revokes his orders. Col. Kirk will resist ; that 
 appears from the affidavit of service. 
 
 The second branch of the motion, that tlie power of the 
 county be called out if necessary to aid in taking the petitioner 
 by force out of the hands of Kirk, is as difficult of solution as 
 the first. 
 
 The power of th(; county, or ^'^ posse coniitatus,''' means i/ic 
 men of the county in lohich the writ is to he executed : in this 
 instance Caswell, and that county is declared to be in a state 
 of insurrection. ShuW insiirge7its he called out b}^ the person 
 who is to execut the writ, to join in conflict with the military 
 forces of the State 'i 
 
 It is said a sufficient force will volunteer froni other counties ;. 
 they may belong to the association, or be persons wlio sympa- 
 thize with it. But the ^^ 2>osse comitatus^'' must come from 
 the county wliere the writ is to be executed ; it would be illegal 
 to take men from other counties. This is settled law ; shall 
 illesal means be resorted to in order to execute a writ? 
 
 Again ; every able-bodied man in the State belongs to the 
 militia. The Governor is by the Constitution '' commander- 
 in-chief of the militia of the State," Art. Ill, sec. 8, So the 
 power of the county is composed of men who are under the 
 command of the Governor ; shall these men be recpiired to 
 violate, with force, the ordeis of their Commander-in-Chief, 
 and do battle with his other forces that are already in the field f 
 In short, the whole pliysical power of the State is by the Con- 
 stitution under the control of the Governor ; the Judiciary has 
 onlv a moral power; b}^ the theory of the Constitution there 
 can be no contlict between these two branches of the govern- 
 jjicnt. 
 
29 
 
 The writ M'ill be directed to tlie Marshal of the Supremo 
 •Court, Avith instructions to exhibit it, and a copy of this 
 opinion to His Excellency the Governor. If he orders the pe- 
 titioner to be delivered to the Marshal, vv^ell ; if not, following 
 the example of Chief Justice Tany, in Merritiian's case Annual 
 Cyclopai^dia, for the year ISGl, page 555, I have discharged 
 my duty ; the power of the Judiciary is exhausted, and the 
 responsibility must rest on the Executive. 
 
 TEAESOX. 
 
 The following is the order of the Chief Justice, to the Mar- 
 shal : 
 To David A. WicJcer, Marshal of ike Su^n'eme Court : 
 
 You are lierebj^ commanded, in the name of the State of 
 North Carolina, forthwitli to bring James S. Scott, wherever 
 to be found, before me, Richmond M. Pearson, Chief Justice 
 of the Supreme Court, at the room of the Supreme Court in 
 the city of Ealeigh. 
 
 Herein fail not, have there this writ and make due return. 
 
 R. M. PEARSON, 
 Chief Justice Supreme Court. 
 
 Instkuction : — You will wait upon his Excellency, the Gov- 
 ernor, exhibit to him this writ, and a copy of tlie opinion in 
 Moore's case, and make due return to me. 
 
 R. M. PEARSON, 
 Chief Justice Supreme Court. 
 
30 
 
 EXECUTIVE DEPARTMENT, 
 
 Raleigh, July 26, 1870. 
 
 To the Hon. R. M. Peakson, 
 
 Chief Justice of the Suj[jrc'iae Court of N . C. : 
 
 Sir : — I have had the honor to receive, by the hands of the 
 Marshal of the Supreme Court, a copy of your opinion in the 
 matter of A. G. Moori-: ; and the Marshal has informed me ot 
 the writ in his hands for the body ot said Moore, now in the 
 custody of my subordinate officer. Col. George W. Kirk. 
 
 I have declared the counties of Alamance and Caswell in a 
 state of insurrection, and have taken military possession of 
 them. This your Honor admits I had the power to do 
 " under the Constitution and laws." And not only this, " but 
 to do all things necessary to suppress the insurrection,"" 
 including the power to " arrest all susjyected persons " in the 
 above-mentioned Counties. 
 
 Your Honor has thought proper also to declare that the 
 citizens of the Counties of Alamance and Caswell are insur- 
 gents, as the result of the Constitutional and lawful action of 
 the Executive, and that therefore, you will not issue the writ 
 for the production of the body of Moore to any of the men 
 of the said Counties ; that " the j^osse coraitatxis must come 
 from the County where the writ is to be executed," and that 
 any other means would be illegal. 
 
 I have official and reliable information that in the Counties- 
 above named, during the last twelve months, not less than one 
 hundred persons, " in the peace of God and the State," have 
 been taken from their homes and scourged, mainly if not en- 
 tirely on account of their ])olitical opinions ; that eight mur- 
 ders have been committed, including that of a State Senator, 
 on the same account ; that another State Senator lias been 
 compelled from fear for his life to make his escape to a distant 
 State. 1 have reason to believe that the governments of the 
 
31 
 
 said Counties have been mainly if not entirely in the hands of 
 men who belong to the Ivuklux Klan, M'hose members have 
 perpetrated the atrocities referred to; and that the County 
 crovernments have not merely omitted to ferret out and bring to 
 justice those of this Klan who have thus violated the law. but 
 that they have actually shielded them from arrest and punish- 
 ment. The State judicial power in the said Counties, though 
 in the hands of energetic, learned and upright men, has not 
 been able to bring criminals to justice : indeed, it is my 
 opinion, based on facts that have come to my knowledge, that 
 the life of the Judge whose duty it is to ride the circuit to 
 which the said Counties belong, has not been safe, on account 
 of the hatred entertained towards him by the Klan referred to, 
 because of his wish and purpose to bring said criminals to 
 justice. For be it known to your Honor that there is a wide- 
 spread and formidable secret organization in this State, partly 
 political and partly social iu its objects ; that this organization 
 is known, first, as " The Constitutional Union Guard,'''' — 
 secondly, as " The White Brotherhood,'^ — thirdly, as " The 
 Invisible Empire ;" — that the members of this organization 
 are united by oaths which ignore or repudiate the ordinary 
 oaths or obligations that rest upon all other citizens to respect 
 the laws and to uphold the government; that these oaths 
 inculcate hatred by the white against the colored people of 
 the State; that the members of this Klan are irreconcilably 
 hostile to the great )>rinciple of political and civil equality, 
 on which the government of this State has been reconstructed ; 
 that these Klans meet in secret, in disguise, with arms, in uni- 
 form of a certain kind intended to conceal their persons and 
 their horses, and to terrify those whom they assault or among 
 whom they move ; that they hold their camps in secret places, 
 and decree judgment against their peaceable fellow-citizens, 
 from mere intimidation to scourgings, mutilations and mur- 
 der, and that certain persons of the Klan are deputed to exe- 
 cute these judgments; that when the members of this Klan 
 are arrested for violations of law, it is most difficult to obtain 
 bills of indictment against them, and still more difficult to 
 convict them, first, because some of the members or their sym- 
 pathizers are almost always on the grand and petit juries, and 
 secondly, because witnesses who are members or sympathizers 
 unblushingly commit pejury to screen their confederates and 
 associates in crime ; that this Klan, thus constituted and 
 having in view the objects referred to, is very powerful in at 
 least twenty-five Counties of the State, and has had absolute 
 
?.9 
 
 control for tlic last twelve months of the Counties of Alamance 
 and Caswell. 
 
 TTndnr these circumstances I would linve been recreant to 
 duty and faithless to my oath, if I had not exercised the power 
 in the several Counties which your Honor has been pleas- 
 ed to say 1 have exercised Constitutionally and lawfully ; 
 especially as, since October, 18GS, T have repeatedly, by 
 praelamations and by letters, invoked public opinion to re- 
 ])ress these evils, and warned criminals and offenders against 
 the laws of the fate that must in the end overtake them, 
 if, under tlie auspices of the Khm ]-oferi'ed io, they should 
 persist in their course. 
 
 I beg to assure your Honor that no one subscribes more 
 tlioronghly than I do to the great principles of habeas corpus 
 and trial by jury. Except in extreme cases, in which beyond 
 all question '' the safety of the State is tlie supreme law," 
 these privileges of habeas corpus and trial by jury sliould 'he 
 maintained. 
 
 I have already declared that, in my judgment, your lIon(jr 
 and all the other civil and judicial authorities are unable at 
 this time to deal with the insurgents. The civil and the 
 military are alike Constitutionl powers — the civil to protect 
 life and pro])erty when it can, and the military only when the 
 former has failed. As the Chief Executive I seek to restore, 
 not to subvert, the judicial ])ower. Yourllonor has done your 
 duty, and in perfect harmony- with you I seek to do mine. 
 
 It is not I nor the military power that has supplanted the 
 civil authority; that lias been done by the insurrection in the 
 Counties referred to. 1 do not see how I can restore the 
 civil authority until I "suppress the insurrection,'' which your 
 Honor declares 1 have the ])ower to do ; and I do not see how 
 I can surrender the insurgents to the civil autliority until 
 that authority is restored. It would be a mockery in me 
 to declare that the civil authority was unable to ])rotect the 
 <;iti/jens against the insurgents, and then turn the insurgents , 
 over to the civil authority. My oath to support the Consti- 
 tution makes it imperative on me to " su])press the insurrec- 
 tion'' and restore the civil autliority in the Counties referred 
 to, and this I must do. In doing this I renew to >;c>iir Honor 
 expressions of my ])rofound resjjcct for the civil authority, and 
 my earnest wish that this authority may soon be restored to 
 every County and neigliborhood in the State. 
 
 I have tlie honor to be, with great respect, 
 Your obedient servant, 
 
 W. W. HOLDEN, 
 
 Gove7"iior. 
 
33 
 
 EXTRACTS FROM THE INAUGURAL ADDRESS OF 
 GOY. W. W. HOLDEN, DELIVERED IN CAPITOL 
 SQUARE, RALEIGH, JULY 4, 1868. 
 
 "The Constitution provides for org-anizing and arminii; the 
 militia to *' execute the law, suppress riots or insurrections and 
 to repel invasion." The opinion of Waahin^rton, \itrt^red in 
 1790, that a " free people ought not only to be armed, hut dis- 
 ciplined," and that a well organized militia "is eertaijdj an 
 object of primary importance, whether viewed in reference to 
 the national security, to the satisfaction of th<^ community, or 
 to the preservation of order,""' is not less weighty or im[)ortant 
 Muw than it was then. The tnilitia should be organized at 
 once. It is the duty of the Executive to see that the laws are 
 faithfully executed and to preserve peace among the people. 
 This duty will be performed promptly, fearlessly and firmly. 
 Every citizen must submit to lawful authority, or refusing to 
 do so, must expect the penalties of the violated law. In the 
 language of our great General, second only to him who was 
 "first in wai-, first in peace, and first in the hearts of his coun- 
 trymen," — "Let us have Peace I" The sword, which would 
 not have been drawn but for the criminal folly of the recently 
 insurgent States, should never again be wielded by Americans 
 against Americans. Every interest that is dear to us, and 
 every hope that we may indulge for the future, is indissolubly 
 bound UY> with peace and tranquility among ourselves. But 
 there can be no peace without law, and there can be no etii- 
 cacy in law without ohediei'ce. The law is over all. The 
 poor and the humble sliould be protected to as full an extent 
 as others. They need more than others this protection. Every 
 one must be free to use what is his own, not trespassing on the 
 j'ights of others; to follow his particular calling or employ- 
 ment ; to labor, and to enjoy the fruits of his labor ; to speak 
 freely his sentiments and to vote as he pleases, and not to be 
 injured or questioned by any for doing any of tliese things. 
 Tlie peo])le of North Carolina are proverbial for their law- 
 abiding disposition. It is not a})prehended that disturbances 
 will arise, or that combinations will be formed to resist the 
 laws ; yet it is known that many hold the opinion that the 
 reconstruction laws of the United States are unconstitutional, 
 and therefore null and void ; and it may be that this may lead, 
 if not to open resistance, to a forcible denial in some localities 
 of the rights guaranteed by the Constitution of the State, 
 formed and adopted in pursuance of said laws. It is also 
 known that a disposition exists, among no inconsiderable por- 
 3 
 
34 
 
 tion of our population, to oppress tlie poor whites and the 
 CMl(»red race <»n a(;u()unt of th'nr political opinions. The magis- 
 trar.cs and the courts will be sustained by the whole power of 
 the State, in such action as may be deemed necessay to protect 
 those who may be thus wronged or oppressed ; and the magis- 
 trates and the courts will be sustained by the whole power of 
 the State in jiiving eifect to the Constitution itself, as having 
 been fairly, justly and j)roperly adopted, and as binding in all 
 respects vn every citizen until changed or modified in the mode 
 prescribed in the instrument itself. Differences in political 
 sentiment are to be expected, and are not calculated in them- 
 selves to endanger the State; but a purpose to subvert the 
 Government, on the assumption that it is not properly derived, 
 has not been constitutionally adopted, and is illegitimate and 
 not bindiiio-, ^liould be narrowly watched and promptly checked 
 on the first, manifestation of any overt act on the part of those 
 ciieri>hiug such purpose. The Constitution of this State is, 
 under the Constitution of the United States, the supreme 
 organic law. The Grovernmeut which it establishes, and the 
 laws passed in pursuance of il, will be maintained and enforced. 
 To render resistance, therefore, impracticable, if not impossible, 
 and to maintain the peace by executing the laws in a spirit ot 
 justice to all, it is deemed essential that a portion of the militia 
 should be well disciplined and armed, and should be thus 
 ready at any moment, under the orders of the commander-in- 
 chief, foV active duty." 
 
 ■;{• -X- * * -;•> * -:^ 
 
 " Fellow-citizens, let us come out of the caverns of the past, 
 and forgetting whatever is not worthy to be remembered, let 
 us resolve to do our duty in our day and time, as North Caro- 
 linians, as Americans. In a climate and with a soil for which 
 Providence has done so much, let us resolve to do something 
 for ourselves and our children. Let us devote ourselves to the 
 arts of peace. Let us improve this great inheritance. Let our 
 children and our children's children, when they shall come to 
 take our places, say of us, " Our ancestors remembered and 
 did what was wise, and what was good for us. Behold, the 
 beautiful country they have left to us ! the just and equal laws 
 that are over us, and the hope that their work has made strong 
 in us that we can do even more for our children than they have 
 dotie for us.' Let us at least unite upon the one great object 
 of improving and building up the State. Let us welcome 
 cai)ital and immigration, furnishing as they will the indispen- 
 sable means to our progress and prosperity. Prejudices grow- 
 ing out of nativity, or out of the rebellion, are not worthy to be 
 cherished. Let us discard such prejudices. We are once more 
 
35 
 
 Atnericaiis — all. Let us I'eceive with courtesy trad kindness 
 every citizen of tlie Nortliern or Eastern States who may cast 
 liis lot anions; ns, and measure him as wo measure others, 
 accordinp; to his personal and moral worth. We cannot hope 
 to itiiprove our condition it' we repel capital and immiijcration, 
 either by so acting as to produce the belief that it is not safe 
 to settle among us on account of the want of law and order, or 
 unpleasant, because of rude or uncivil treatment to the immi- 
 grant. It sliould be remembered that our ancestors were, 
 originally, as much "adventurers'" as others. Ol "he three 
 siijners of the Declaration of Independence for this State, 
 neither was a native. Kiciiard Caswell, one of our greatest 
 Governors, and sometimes called the Washington of North 
 Carnliua, was not a native ; nor was Jose])h Caldwell, who 
 built up our University and led the vcay with Murphy, Yancey, 
 Stanly, Saunders and others in internal improvements and 
 public instruction. 
 
 We M'Hnt the t)est ]>eople tVom Europe, and from all parts of 
 the United States to settle among us. It is men that make a 
 State Let them come, with their enterprise and money, 
 their muscle and intelligence ; and when they get here let the 
 rivalry be as to who shall du most for the good and the glory 
 of our beloved State. 
 
 The government of the United States, in the prosecution of 
 the war to suppress tiie rebellion, and in the measures it has 
 adopted to reconstruct the Union, has exhibited extraordinary 
 clemency and magnanimity. It has taken no vengeance for 
 the past, but has required only security for the future. It has 
 deprived no man of his property save for war purposes during 
 the progress of the war ; it has exiled no man ; it has ])unished 
 no man for the crime of rebellion. It has simply required that 
 those who have been in rebellion should renew their allegiance, 
 and that such guards should be placed in the organic laws of 
 the States and the nation as to prevent future rebellion. In- 
 stead of defining or restricting sufirage permanently, it has left 
 it with the respective States to be determined and settled as 
 they may choose ; and this State, following in full measure 
 the example of the national government, has made suffrage 
 free to all. 
 
 But the war to suppress the rebellion has, in its results, 
 necessarily changed as it has settled the theory of construction 
 previously held by a large portion of the people. Our liberties 
 have been consolidated, and the Union can, in no event, be dis- 
 solved. It is to endure always. It must increase, but never 
 decrease. For all great national purposes the Government of 
 the United States is over the States, and paramount to the 
 
36 
 
 States, and the allegiance of the citizen is first due to it. 
 There is no appeal tVoin the will of the nation, expressed by a 
 majority. Armed resistance to the national authority, whether 
 by individuals of their own accord, or by individuals acting 
 under supposed State authority or command, is treason^ and 
 must be so held and treated. The doctrine of State's rights, as 
 held by Mr. Calhoun and his followers, has ceased to have 
 validity or vitality ; and the teachings and doctrines of Wash- 
 ington. Hamilton, Webster, Jackson, Clay and Lincoln now 
 constitute the true, and the only sate theory of construction. 
 This has been settled, under Providence, by the result of a 
 solemn appeal to arms among brethren ; and he who would un- 
 settle this theory, thereby rendering it possible that secession 
 should ever'again be attempted, is no friend to his species, to 
 his State, or to the general government of his country. The 
 government of the Ignited States is no longer afeeble luminary, 
 receiving and dispensing light to surrounding planets; but 
 it is a full sun, burning with superior splendor, pervading and 
 liolding up to itself the entire system, and kindling new planets 
 into life and motion. How beneficent, how glorious, how far- 
 reaching will be the light it will dispense when it reaches its 
 meridian, we shall not live to see, but the generations to come 
 after us will walk in that light, and be contented, prosperous 
 and happy. In the fullness of their gratitude they will thank 
 God, as we do, that the government of the United States, de- 
 livered from the perils of rebellion, and reconstructed on the 
 basis of the equal rights of all, is as indestructible as the earth 
 itself, and as secure in its position and in the exercise of all its 
 great powers, as 
 
 " Tlio Northern star, 
 
 Of whose true, fixed and restino; quality, 
 
 There is no fellow in the lirin:uiient." 
 
 I have thus, fellow citizens, stated briefly and plainly the great principles con- 
 tained in our State Constitution, and 1 have frankly announced the j)olicy which 
 will characterize my administration. Cherishing; neither malice nor resentment 
 for anything;- which has occurred in the past, I shall endeavor to do my duty. 
 1 sliall keep constantly in view the welfare of Xorth C^arolina. 1 love the I'nion 
 because it is the first, the last, the only hope of my State; and 1 love my State, 
 because her i)eople have been good and kind to me, and because her sky is above 
 my home, as it will be above my grave. If I have enemies, that does not make 
 me ai^jenemv to my State, nor move me to a course of action based on resent- 
 ment or revenge. I follow the ))rinclples of Wasuington, who founded, and of 
 LiNcoL.N, who saved tlie Republic ; and when tliese jtrinciplcs cease to lead, I 
 shall cease to follow. May the (iod of our fathers liave us in His holy keeping; 
 may He govern, and not we ; and may thi; future of our beloved State be as 
 bright and glorious as the last seven years have been disastrous and unhappy."