Argument in the impeachment trial of W.W. Holden, governor of North Carolina, 1871
Title
Argument in the impeachment trial of W.W. Holden, governor of North Carolina, 1871
Description
In this section of, "Argument in the impeachment trial of W.W. Holden, governor of North Carolina," the impeachment charges brought against Governor Holden are clearly stated. These charges were brought against Governor Holden after he declared Alamance and Caswell counties under a state of insurrection. During that time, he also suspended the writ of habeas corpus, although he did not have the power to do. Most of these impeachment charges dealt with the unlawful imprisonment of citizens in both Alamance and Caswell Counties based on the suspension of the writ of habeas corpus. Governor Holden was convicted of six of the eight impeachment charges brought against him.
The entire document can be found at this website: https://archive.org/details/argumentinimpeac00hold
The entire document can be found at this website: https://archive.org/details/argumentinimpeac00hold
Creator
North Carolina Government
Source
"Argument in the impeachment trial of W.W. Holden, governor of North Carolina," State Library of North Carolina, accessed November 4, 2014, https://archive.org/details/argumentinimpeac00hold
Date
1871-XX-XX
Contributor
Jessie Byrd
Type
Document
Coverage
North Carolina
Original Format
Government Document
Text
And this brings us to a brief statement of the nature and character of the offences preferred in the articles of impeachment against the accused.
Article I, charges, substantially, that the accused corruptly and wickedly declared the county of Alamance to be in " insurrection," whereas there was no insurrection; that he took military possession of the county by armed bands of lawless and desperate men, organized without lawful authority; and
pg 111
that he made unlawful arrests of peaceable citizens, whom he imprisoned, beat, hung by the neck, and otherwise maltreated.
Article II, charges that he did the same in the county of Caswell.
Article III, charges the unlawful arrest and imprisonment of Josiah Tiirner, Jr., in the county of Orange, by the procurement and order of the accused.
Article lV, charges the unlawful arrest and imprisonment of
John Kerr, and three other citizens, in the county of Caswell, by the procurement and order of the accused.
Article V, charges the unlawful arrest and imprisonment in the county of Alamance, by order of the accused, of Adolphus G. Moore, and the refusal of George TV. Kirk, acting under and by the authority of the accused, to surrender the said Moore, in obedience to the writ of habeas corpus, to the civil authorities.
Article VI, charges the arrest of John Kerr and eighteen other peaceable citizens of Caswell county, and their detention and imprisonment, under the orders of the accused, by a large band of armed men, unlawfully organized into an army and commanded by George W. Kirk and others as officers, and the refusal of said Kirk by the order and command of the accused, to surrender the said citizens unlawfully held by him as prisoners, to the civil authorities in obedience to the writ of habeas
corpus.
Article VII, charges,
1. The unlawful organization of an army of desperate men commanded by Kirk, Burgen and Yates, all desperadoes from the State of Tennessee.
2. The hanging by the neck in Alamance county of William Patten and Lucien H. Murray, and thrusting into a loathsome dungeon Josiah Turner, Jr., and F. A. Wiley.
3. Unlawful warrants made by the accused upon the treasurer of the state, for large sums of money, for the unlawful purpose of supporting and maintaining the lawless bands of armed men organized as aforesaid.
pg 112
Article VIII charges, that the accused as govornor [sic.], made his warrants for large sums of money on the public treasurer fur the unlawful purpose of paying the armed men before mentioned —caused and procured said treasurer to deliver to one A. D. Jenkins, appointed by the accused to be paymaster, the sum of forty thousand dollars; that the Hon. Anderson Mitchell, one of the superior court judges, on application to him made, issued writs of injunction which were served upon the said treasurer and paymaster, restraining them from paying said money to the said troops ; that thereupon the accused incited and procured the said A. D. Jenkins, paymaster, to disobey the injunction of the court and to deliver the money to another agent of the accused, to-wit: one John B. Neathery; and thereupon the accused ordered and caused the said John B. Neathery to disburse and pay out the money so delivered to him, for the illegal purpose of paying the expenses of, and keeping on foot the illegal military force aforesaid.
Article I, charges, substantially, that the accused corruptly and wickedly declared the county of Alamance to be in " insurrection," whereas there was no insurrection; that he took military possession of the county by armed bands of lawless and desperate men, organized without lawful authority; and
pg 111
that he made unlawful arrests of peaceable citizens, whom he imprisoned, beat, hung by the neck, and otherwise maltreated.
Article II, charges that he did the same in the county of Caswell.
Article III, charges the unlawful arrest and imprisonment of Josiah Tiirner, Jr., in the county of Orange, by the procurement and order of the accused.
Article lV, charges the unlawful arrest and imprisonment of
John Kerr, and three other citizens, in the county of Caswell, by the procurement and order of the accused.
Article V, charges the unlawful arrest and imprisonment in the county of Alamance, by order of the accused, of Adolphus G. Moore, and the refusal of George TV. Kirk, acting under and by the authority of the accused, to surrender the said Moore, in obedience to the writ of habeas corpus, to the civil authorities.
Article VI, charges the arrest of John Kerr and eighteen other peaceable citizens of Caswell county, and their detention and imprisonment, under the orders of the accused, by a large band of armed men, unlawfully organized into an army and commanded by George W. Kirk and others as officers, and the refusal of said Kirk by the order and command of the accused, to surrender the said citizens unlawfully held by him as prisoners, to the civil authorities in obedience to the writ of habeas
corpus.
Article VII, charges,
1. The unlawful organization of an army of desperate men commanded by Kirk, Burgen and Yates, all desperadoes from the State of Tennessee.
2. The hanging by the neck in Alamance county of William Patten and Lucien H. Murray, and thrusting into a loathsome dungeon Josiah Turner, Jr., and F. A. Wiley.
3. Unlawful warrants made by the accused upon the treasurer of the state, for large sums of money, for the unlawful purpose of supporting and maintaining the lawless bands of armed men organized as aforesaid.
pg 112
Article VIII charges, that the accused as govornor [sic.], made his warrants for large sums of money on the public treasurer fur the unlawful purpose of paying the armed men before mentioned —caused and procured said treasurer to deliver to one A. D. Jenkins, appointed by the accused to be paymaster, the sum of forty thousand dollars; that the Hon. Anderson Mitchell, one of the superior court judges, on application to him made, issued writs of injunction which were served upon the said treasurer and paymaster, restraining them from paying said money to the said troops ; that thereupon the accused incited and procured the said A. D. Jenkins, paymaster, to disobey the injunction of the court and to deliver the money to another agent of the accused, to-wit: one John B. Neathery; and thereupon the accused ordered and caused the said John B. Neathery to disburse and pay out the money so delivered to him, for the illegal purpose of paying the expenses of, and keeping on foot the illegal military force aforesaid.
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North Carolina Government, Argument in the impeachment trial of W.W. Holden, governor of North Carolina, 1871, Civil War Era NC, accessed December 18, 2024, https://cwnc.omeka.chass.ncsu.edu/items/show/2713.