H71R * RY ^ -stfOTRARYQc ^ is isM i*-^ ^ *T* rr*. ^EUNIVERJ/A ^3 "5, ).jo^ ^OJITYD-JO^ A/7/ *, DOCUMENT No. 22.] [Ssss. 1870-'7L < Ordered to lie Printed. - JAMES IT. MOORE, State Printer and Binder. RULES FOE THE GOVERNMENT OF TIIE IMPEACH- MENT TRIAL. RULE I. Before proceeding to the consideration of the Articles of Impeachment, the presiding officer shall administer to the members of the Senate then present and to the other members as they shall appear, the following oath : "I , swear truly and impartially to try and determine the charges in the Articles of Impeachment exhibited against William W. Holdcn, Governor of the State of North Carolina, under the Constitution and laws thereof accordino; to the evi- o dence : So help me God." RULE II. The Principal Clerk of the Senate shall act as Clerk of the Court of Impeachment, and shall record the pro- ceedings of the court in the same manner as the legislative pro- ceedings of the Senate. RULE III. The Doorkeeper of the Senate shall execute all orders of the presiding officer and of the Senate, and he may employ such assistance as may be necessary for that purpose. RULE IV. Counsel for the parties shall be admitted to appear and be heard upon an impeachment. RULE V. Before proceeding to the trial on each day the following proclamation shall be made by the Doorkeeper of the Senate : O yes, O yes, O yes all persons are commanded to keep silence on pain of imprisonment, while the Senate of North 550543 2 DOCUMENT No. 22. [Session ( ':ir< )iiiia is sitting for the trial of Articles of Impeacliment against William AY. Holden, Governor of North Carolina. RULE VI. That the folio wing, form of summons be adopted, to wit : THE STATE or NORTH CAROLINA. The Senate of Norfli Care to William W. Holden, Greeting: AViiREAS, The House of Representatives of tTie State of North Carolina, did, on the 20th day of December, 1870, exhibit to the Senate articles of impeachment against you, the said William AY. Holden, which said articles, appended to this summons, demand that you, the said AVilliam AY. Holden, should be put to answer the accusations as set forth in said articles. And that such proceedings, examinations, trials and judgments might be thereupon had as are agreeable to law and justice, you, the said AYilliam-AY. Holden,. are therefore hereby summoned to appear forthwith before the Senate of North Carolina, at their chamber in the city of Raleigh, then and there to answer to the said articles of impeachment, and there to abide by, abey, and perform such order?, directions and judg- ments as the Senate of North Carolina shall make in the premises, according to the Constitution and laws of North C irolina. Hereof you are not to fail. AYitiiesr, R. M. Pearson, Chief Justice and presiding officer of the said Senate, at the city of Raleigh, this 23rd day of December, 1870. (Signed,) R. M. PEARSON, Chief Justice S. C~ 1870-71.] DOCUMENT No. 22. (PRECEPT.) THE STATE OF NOKTII CAKOLINA. The Senate of North Carolina, To Joseph J. Roberson, 'Greeting : You are hereby commanded to deliver and leave with Wil- liam W. Holden, a true and attested copy of the within writ of summons and the articles of impeachment thereto appended, together with a like copy of this precept, and let it be done forthwith. Fail not, and make return of this writ of summons and pre- cept, with your proceedings thereon endorsed, on the appear- ance day mentioned in said writ of summons. Witness, R. H. Pearson, Chief Justice'and Presiding Officer of the Senate, at the city of Raleigh, this 23d day of December, L870. Signed : R. M. PEARSON, Chief Justice 8. C. (RETURN.) The foregoing writ of summons has been duly served upon \riHiam W. Holden, Governor of the State of North Carolina, by delivering to him a copy of the summons and articles of im- peachment thereto appended and of this precept, the 23d day of December, 1870. Signed : J. J. ROBERSON, Doorkeeper and Sergeant-at-Arms. RULE VII. The hour of the day at which the Senate shall sit upon the trial of an impeachment shall be 12 o'clock, 31., and when the hour for such sitting shall arrive, the presiding officer of the Senate shall so announce ; and thereupon the pre- 4 DOCUMENT No. 22. [Session giding officer upon sucli trial shall cause proclamation to be made, and the business of the trial shall proceed until 2 o'clock and thirty minutes, P. M., unless upon a motion, seconded by one-fifth of the members present, the Court shall determine to adjourn earlier or sit longer. The adjournment of the Senate sitting in said trial shall not operate as an adjournment of the Senate ; but on such adjournment the Senate shall resume the consideration of its legislative business. RULE VIII. All motions made by the parties or their counsel shall be addressed to the presiding officer, and if he or any Senator shall require it, they shall be committed to writing and read at the Clerk's desk. RULE IX. The Reading Clerk of the Senate shall read all papers which may be sent to the clerk's desk, and act as the deputy of the Principal Clerk, and assist in the performance of the duties prescribed for that officer. RULE X. "Witnesses shall be examined by one person on behalf of the party introducing them, and then cross-examined by one person on the other side. RULE XI. If a Senator is called as a witness he shall be sworn, and give his testimony standing in his place. RULE XII. If a Senator wishes a question to be put to a witness, or to offer a motion or order, (except a motion to adjourn) it shall be reduced to writing, and put by the pre- siding officer. RULE XIII. All preliminary or interlocutory questions, and all motions shall be argued for not exceeding one-half hour on each side, unless the Senate shall, by order, extend the time. RULE XIV. The case on each side shall be opened by one person. The final argument on the merits may be made by two persons on each side, (unless otherwise ordered by the Senate upon application for that purpose,) and the argument shall be opened and closed upon the part of the House ot Rep- resentatives. RULE XV. If the Senate shall at any time fail to sit for the consideration of the articles of impeachment on the day or 1870-71.] DOCUMENT No. 22. 5 hour fixed therefor, the Senate may, by an order to be adopted without debate, fix a day and hour for resuming such consid- eration. RULE XVI. Witnesses shall be sworn in the following form : " You solemnly swear that the evidence you shall give in the case now depending between the State of North Carolina and William W. Holden, shall be the truth, the whole truth, and nothing but the truth : So help you God ;" which oath shall be administered by the Clerk of the Senate or other authorized person. RULE XVII. The following shall be the form of subpoena which shall be issued upon the application of either of the parties or their counsel : The Senate of North Carolina, To Joseph J. Itoberson, greeting : You are hereby commanded to summon to appear before the Senate of North Carolina on the day of , 1871, at the Senate Chamber in the city of Raleigh, then and there to testify his knowledge in the cause which is before the Senate, and in which the House of Representatives have im- peached William W. Holden. Fail not, and make due return of the service of this sub- poena. WITNESS, William L. Saunders, Clerk of the Senate, at Raleigh, this - - day of - , 1871. , Clerk of the Senate, RULE XVIII. All the orders and decisions shall be made and had by yeas and nays upon the demand of one fifth of the members present and without debate, except upon a vote of a majority of the members present allowing discussion, and in that case no member shall speak more than once on one ques- tion, and not more than five minutes upon an interlocutory question, and not more than ten minutes on the final question, 6 DOCTMEXT No. 22. [Sess. 1870-71. unless by consent of the Senate to be had without debate ; but each Senator shall be permitted to file, within two days after the vote shall have been taken upon the articles of impeachment. hi> written opinion, to be printed with the proceedings. RULE XIX. In taking the votes of the Senate upon the ai tides t' impeachment, the clerk will read the several articles succes- sively, and after the reading of each article the clerk will call the name of each Senator, who shall rise in his place and thereupon the presiding officer put the following question : "Mr how say you, is the respondent, William W. Ilolden, guilty or not guilty as charged in article of impeachment ; whereupon each Senator shall answer "guilty" or "not guilty." Hi LE XX. If the impeachment shall not, upon any of the articles presented, be sustained by the votes of two thirds of the members present, a judgment of acquittal shall be entered ; but if the person accused in such articles of impeachment shall be convicted upon any of said articles by the votes of two third? "i 1 the members present, the Senate shall proceed to pronounce judgment, and a certified copy of such judgment shall be de- l> i.-ited in the office of the Secretary of State. DOCUMENT No. 23.] [&ESS. 1870-'71. Ordered to le Printed. JAMES H. MOORE, State Printer and Binder. PROCEEDINGS OF IMPEACHMENT, Tfw General Assembly of North Carolina do enact, as' follows : CHAPTER - SECTION 1. Trial Court of ImpeacJiment : . Tlie court for the trial of impeachment shall be the Senate. SEC. 2. Quorum A majority of the members shall be necessary to a quorum. SEC. 3. Exhibition of Artidss : All impeachments must be delivered by the House of Rep- resentatives to the presiding officer of the Senate, who, shall thereupon cause proclamation to be made in the following words, viz : " All persons are commanded to keep silence, on pain of imprisonment, while the House of Representatives is exhibiting to the Senate of North Carolina articles of impeach- ment against " after which the articles shall be exhib^ ited, and then the presiding officer of the Senate shall inform the House of Representatives that the Senate will take proper order on the subject of impeachment, of which due notice shall be given to the House of Representatives* DOCUMENT No. 23. [Session k Powers of tfre Court. The Senate as a court shall have power to compel the at- tendance of parties and witnesses to enforce obedience to its orders, mandates, writs, precepts and judgments, to preserve order, to punish in a summary way contempts of its authority, orders, mandates, writs, precepts or judgments, to adjourn from time to time, and to make all lawful rules and regulations which it may deem essential or conducive to the ends of justice. - . .">. P"H-ci's of iJie Presiding Officer : The presiding officer of the Senate shall have power : 1. To direct all necessary preparations in the Senate Chamber. 2. To make and issue by himself, or by the Clerk of the ,,te, all orders, mandates, writs and precepts authorized by law. or by the Senate. 3. To .direct all the forms of procedure during the trial not otherwise specially provided for. i. To decidje, in' the first instance, without a division, all questions of evidence and. incidental questions, but the same shall, on demand of one fifth of the members present, be decided by the yeas and nays. .6. When Chief Justice to Beside : When the Governor of the State, or the Lieutenant Gov- ernor, upon whom the powers and duties of the office of ernor have devolved, is impeached, the Chief Justice of the >urt shall preside ; and in a case requiring the Chief to preside, notice, shall be given him, by order of the 3 -ate, of the time and place fixed for the consideration of the articles of impeachment, with a request to attend ; and the ( 'hief Justice shall preside over the Senate during the consid- ion of the said articles, and upon the trial of the person im- hed therein. But the Chief Justice shall not vote on any question during the trial, and shall pronounce decision only the organ of the Senate, with its assent. 1870-71.] DOCUMENT No. 23. :\ BEG. 7. Process against the accused to appear and answer. The Senate, upon the presentation of articles of impeach- ment find its organization as a court j shall forthwith cause the person impeached to appear and answer the articles exhibited against him, and upon his appearance, either in person or attorney, he shall be entitled to a copy of the impeachment, and a reasonable time to answer the same. SEC. 8. Accused entitled to Counsel. The person accused is entitled, on the trial of the impeach- ment, to the aid of counsel. SEC. 9. What done when issue is joined. When issue is joined in the trial of an impeachment the court shall fix a time and place for the trial thereof. SEC. 10. Oath of members. At the time and place appointed, and before the commence- ment of the trial, the presiding officer of the Senate shall ad- minister to each member of the court then present, and to other members as they may appear, an oath or affirmation truly and impartially to try and determine the charge in ques- tion, under the Constitution and laws, according to the evi- dence. No member of the court shall sit or give his vote upon the trial until he shall have taken such oath or aifirmation. Si.c. 11. Two-thirds required to convict. No person shall be convicted on an impeachment, without the concurrence of two-thirds of the Senators present. SEC. 12. Judgment upon conviction. Upon a conviction of the person impeached, judgment may be given that he be removed from office, or that he be disquali- fied to hold any office of honor, trust or profit under this State. or both, but no other judgment can be pronounced. 4- DOCUMENT No. 23. [Se?.-i'>n , />/Av/ 1>i i impeachment : Every officer impeached shall be suspended from the exercise of his office, until his acqu'ttal. 3l .14. 1 1, >i><-< "'/nn< t of the President of the Sen<- If the President ot the Senate he impeached, notice tl;> .-hall immediately he given to the Senate by the IFouse of :itatives in order that another President maybe chosen. . 15. Iml'i'-tnK ii f after conviction: Kvcry person convicted on impeachment shall nevertheless In* liable to indictment and punishment according to law. . lf>. For what <$'< -axes liable to 1)6 impeached: y officer in the State shall be liable to impeachment for, 1. Corruption or other misconduct in his official capacity. i'. Habitual drunkenness. :'.. Intoxication while engaged in the exercise of his office. I. I >runkenness in any public place. .". Mental or physical incompetence to discharge the duties i' his office. i>. Any criminal matter the conviction thereof would tend to bring his office into public contempt. . 17. When act to have effect: This act shall have effect from the date of its ratification. In General Assembly read three times, and ratified this loth day of April, A. D. 1869. :ied) .TO. AV. HOLDKX, Sjinfki-,' lion,:, of Repi*csentati'V(x. K.I , TOD. R. CALDWELL, President of the SemH> . 1S70-71.] DOCUMENT No. 23. STATE OF NORTH. CAROLINA, - OFFICE SECRETARY OF STATE, Raleigh, January 20, 1871. I, HENRY J. MENXINGER, Secretary of State, hereby certify that the foregoing is a true copy of the original act on tile in ihi> office, H. J. MEXXINGER, Secretary of Steen taken from their homes and scourged, mainly, if not en- tirely, on account of their political opinions ; that eight mur- 35 ders have been committed, including that of a State Senator, on the same account ; that another State Senator has been, compelled from fear for his life to make his escape to a distant State. I have reason to believe that the 'governments of the said counties have been mainly if not entirely in the hands of men who belong to the Ku Klux Klan, whose members have perpetrated the atrocities referred to ; and that the county governments 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 in its objects ; that this organization is known, first, as ' The Constitutional Union Guards? 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 citizes 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 principal 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 murder, and that certain persons of the Klan are deputed to execute 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 sympathizers are almost always on the grand and petit juries, and secondly, because witnesses who are members or sympathizers unblush- ingly commit perjury to screen their confederates and associates in crime ; that this Klan, thus constituted and haviug in view the objects referred to, is very powerful in at least twenty-five counties of the State, and has had absolute control for the last twelve months of the counties of Alamance and Caswell. " Under these circumstances I would have been recreant to duty and faithless to my oath, it I had not exercised the power in the several counties which your Honor has been pleased to say I have exercised Constitutionally and lawfully ; especially as, since October, 1868, I have repeatedly, by proclamations and by letters, invoked public opinion to repress these evils, and warned criminals and offenders against the laws of the fate that must in the end overtake them, if, under the auspices of the Klan referred to, they should persist in their course. " I beg to assure your Honor that no one subscribes more thoroughly 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 the supreme law,' these privileges of habeas corpus and trial by jury should be main- tained. " I have already declared that, in my judgment, your Honor and all the other civil and judicial authorities are unable at this time to deal with the insurgents. The civil and the mili- tary are alike Constitutional powers the civil to protect life and property 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 power. Your Honor has done your duty, and in perfect harmony with you I seek to do mine. 37 " It is not I nor the military power that has supplanted the civil authority ; that has been done by the insurrection in the counties referred to. I do not see how I can restore the civil authority until I "suppress the insurrection," which your Honor declares I have the power to do ; and I do not see how I can surrender the insurgents to the civil authority until that authority is restored. It would be mockery in me to declare that the civil authority was unable to protect the citizens against the insurgents, and then turn the insurgents over to the civil authority. My oath to support the Constitution makes it imperative on me to " suppress the insurrection " and restore the civil authority in the counties referred to, and this I must do. In doing this I renew to your Honor expressions of my profound respect for the civil authority, and my earnest wish that this authority may soon be restored to every county and neighborhood in the State. I have the honor to be, with great respect, Your obedient servant, W. W. HOLDER, Gwern&r." Further answering, this respondent declares that it was his purpose to detain the said Adolphus G. Moore, and the other persons so arrested in the said counties of Alamance and Cas- well, only until such time as he might with safety to the State surrender them to the civil authorities, and as soon as in his judgment the said time had arrived, he so surrendered them, and this respondent submits, as a part of this his answer, his letter of August loth, 1870, addressed to the Honorable the Chief Justice aforesaid, of which the following is a copy: 38 " STATE OF NOKTH CAROLINA, EXECUTIYE DEPARTMENT, Raleigh, Aug. 15th, 1870. " To the HON. R. M. PEARSON, Chief Justice Supreme Court of N. C. : " DEAR SIR : In my answer to the notices served upon me by the Marshall of the Supreme Court, in the matter of Adolphus G. Moore and others, ex parte, I stated to your Honor that at that time the public interests forbade me to permit Col. George W. Kirk to bring before your Honor the said parties ; at the same time I assured your Honor that as soon as the safety of the State should justify it, I would cheerfully restore the civil power, and cause the said parties to be brought before you, to- gether with the cause of their caption and detention. " That time has arrived, and I have ordered Col. George "W. Kirk to obey the writs of habeas corpus issued by your Honor. As the number of prisoners and witnesses is considerable, I would suggest to your Honor that it would be more convenient to make return to the writs at the capitol in Raleigh. Col. Kirk is prepared to make such return as soon as your Honor shall arrive in Raleigh. With great respect, Your obedient servant, W. W. HOLDEN, Governor." And so this respondent denies that by reason of any new matter alleged in the said fifth article, he did commit high crimes and misdemeanors in office against the constitution and laws of said State, and the peace, dignity and interests thereof. 39 ANSWER TO ARTICLE VI. And for answer to said sixth article tins respondent says that he abides by his answer to said first, second, fourth and fifth articles in so far as the same are responsive to the allega- tions contained in said sixth article, and without here again repeating the same answer, prays the same to be taken as an answer to this sixth article as fully as if here again set out at length ; and as to the new allegation contained in said sixth article this respondent answering, says : That this respondent admits the arrest and detention of the persons named in said sixth article in manner and form as he hath heretofore admit- ted the same, and not otherwise. This respondent further admits that the said named persons, and each of them, sued out writs of habeas corpus before the Honorable Richmond M. Pearson, Chief Justice of the Supreme Court of North Carolina, returnable at the time and place stated and set forth in the said sixth article ; that the said writs were duly served upon George W. Kirk, as in said sixth article stated ; that the said George W. Kirk refused to produce the said named per- sons in obedience to the said writs, but continued to detain the said persons, and this under the orders and with the approval of this respondent, as Governor of North Carolina, as in said sixth article stated and set forth. Further answering, this respondent says that he abides by his answer to the fifth article, and without here again repeating the same answer, prays that the same may be taken as an answer to this sixth article, and that each and every part thereof may be taken as applied to the persons in said sixth article named, and to each of them as fully, and in like manner, as the same is applied to Adolphus G. Moore in said fifth article named and specified. And so this respondent denies, that by reason of any new allegations in this sixth article contained, he did commit high crimes and misdemeanors in office, against the Constitution of said State, and the peace, dignity and interests thereof. ANSWER TO ARTICLE VII. And for answer to said seventh article, this respondent says lie abides by his answer to said first, second, third and fourth articles in so far as the same are responsive to the allegations contained in said seventh article, and without here again repeat- ing the same, prays the same be taken as an answer to this seventh article as fully as if here again set out at length ; and as to the new allegation contained in said seventh article, that this respondent did " recruit and call together from this State and the State of Tennessee a large number of men, to wit : Five hundred men and more, many of them of the most reck- less, desperate, ruffianly and lawless characters, 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 of George 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 men into said counties, under the immediate command of the said George "W. Kirk and two other desperadors from the State of Tennessee, to wit : One B. G. Burgen and one H. C. Yates, and did there and then without any warrant or authority, seize, hold, imprison and deprive of their liberty for a long time, to wit : For the time of twenty days and more, many of the peaceable and law- abiding citizens of said counties, to wit : John Kerr, Samuel I'. Hill, - - Scott, John R. Ireland and many others, and seize, hold, imprison and deprive of their liberty, and hung by the neck William Patton, Lucien II. Murray and others, and did thrust into a loathsome dungeon Josiah Turner, Junior, and F. A. Wiley," this respondent denies the same'and declares the facts to be as hereinbefore stated and set forth in his answer to the first, second, third and fourth articles, and especially that thu body of militia sent by him into the counties of Alamance and Caswell, as hereinbefore set forth, were organized according 41 to the provisions ot the act of the General Assembly of the State of North Carolina, entitled " An act to organize a militia of North Carolina," ratified the 17th day of August, A. D. 1868. .This respondent denies that the men composing said volunteer militia were many of them of the most reckless, desperate, ruffianly and lawless characters from the State of Tennessee ; on the contrary this respondent de- clares that the said men were citizens of North Carolina at and immediately before the organization of said militia, and were of good deportment and behavior, and were received and organized strictly according to the provisions of said act, and not otherwise ; and if any of them at the time of said organiza- tion were citizens of the State of Tennessee the same was unknown to this respondent. Further answering, this respond- ent says that the said George "W. Kirk, B. G. Burgen and H. C. Yates, officers in command of said volunteer militia, were at the time of the organization of the said militia, and immedi- ately before, citizens of North Carolina, and were duly com- missioned and sworn. But this respondent submits, and insists, that, in and by the provisions of the aforesaid act, he was at liberty to receive and enroll, in the said volunteer militia, any citizen of the United States. And as to the seizing, holding, imprisoning and depriving of their liberty, and mal- treating the persons named in said seventh article, this respondent denies the same, and has nothing further to answer than he has already answered. And as to the allegation in said seventh article contained, that this respondent, " to maintain, support 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 lawful authority, make his warrant upon David A. Jenkins, Treasurer of the State, for large sums of money, to wit : For the sum of seventy 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 of the Treasury such said large sums of money to the agent or paymaster of the said William "W. Ilolden, Governor as aforesaid, for the unlawful uses and purposes aforesaid," this respondent denies the same in manner and form as therein set forth. . Further answering, this respondent denies that he did, then and there, as alleged in said seventh article, commit a high misdemeanor in office, in violation of the Constitution and laws of this State, and of the peace, interests and dignity thereof. ANSWER TO ARTICLE VIII. And for answer to the said eight article, this respondent abides by his answer to said first, second, fourth, fifth, sixth and seventh articles, in so far as the same are responsive to the allegations contained iu the said eight article, and without here again repeating the same answers, prays the same to be taken as an answer to this eighth article as fully as if here again set out at length. And as to the new allegation contained in the said eighth article, " that the said William W. Holden, Governor of the said State, unmindful of the high duties of his said office^ and the obligations of his solemn oath of office, and contriving and intending, and with a view and for the purpose of supporting and maintaining an armed military force in said State, which he had then and there recruited, organized and formed for illegal purposes, without the sanction of the Constitution and laws of the said State, but in contravention of the same, did from time to tune, in the months of June, July and August, in the year of our Lord, one thousand eight hundred and seventy, under color of his said office, in said State, without the sanction of the Con- stitution and laws of said State, and in violation of the same^ make his warrants as such Governor upon the Treasury of the said State, for large sums of money, to-wit : For the sum of eighty thousand ($80,000) dollars and more, to be used for the unlawful purpose aforesaid ; that the said William W. Holden, Governor as aforesaid, under color of his said office, then and there persuaded, commanded, incited and procured David A. Jenkins, Treasurer of said State, to recognize such and said un- lawful warrants on the Treasury of said State, and to deliver such and said sums of money to such agents of the said William W. Holden, Governor as aforesaid, as he the said William W. Holden, Governor as aforesaid, might from time to time desig- nate and appoint ; that in pursuance of such warrants and orders of the said William W. Holden, Governor as aforesaid, the said David A. Jenkins, Treasurer as aforesaid, delivered to one A. D. Jenkins, called the paymaster, appointed by the said WUliam W. Holden, Governor as aforesaid, for such purpose, large sums of money from said Treasury, to wit : The sum of forty thousand dollars or more," this respondent denies the same, in manner and form as therein set forth ; and as to the further allegation in said eighth article, that " 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 last named county, in his own behalf, and in the 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 delivering any sum or sums of money to the said William W. Holden, Governor as aforesaid, or any other persons, in obedience to such orders and for snch purposes, and also restraining the said A. D. Jenkins, as such paymaster, or in any other respect or capacity from dis- bursing or disposing of said sum of money so in his said hands, or any part thereof, for the purposes* thereof ; that the Honor- able Anderson Mitchell, Judge of said Superior Court, then and there granted the Writ of Injunction so prayed for, enjoin- ing and forbidding the said David A. Jenkins, Treasurer as aforesaid, from delivering any money from said Treasury, in obedience to any such warrant or order, so made by the said William W. Holden, Governor as aforesaid, and enjoining and forbidding the said A. D. Jenkins, as such paymaster or agent, 44 from using or disbursing the said money or any part of it, so in his hands, to or for the use of said armed "body of men for any of the purposes aforesaid; that the said David a Jenkins, Treasurer, and the said A. D. Jenkins, were each duly served with said "Writ of Injunction," this responden says that he has not sufficient information to answer whether the same be true or false, in manner and form as therein set forth, and insists upon the proof thereof. And as to the additional allegation in said eighth article that " the said William "W. Holden, Governor as aforesaid, wickedly intending to suspend and subvert the laws of said State, and to defy and disregard the lawful authority ot said Court, did af- terwards, to wit : After the month last aforesaid, persuade, in- cite, order, procure and command the said A. D. Jenkins to defy and disregard the said "Writ of Injunction, and to deliver the said money so in his custody to another agent of the said William W. Holden, Governor as aforesaid, to be used for the unlawful purposes aforesaid ; that the said A. D. Jenkins, in obedience to such last mentioned order, command and procure- ment of the said William W. Holden, Governor as aforesaid, and in disregard of such writ of injunction and the lawful au- thority of said Judge, did deliver the said money so in his hands to another agent of the said William W. Holden, Gov- ernor as aforesaid, to wit : To one Kichard T. Berry, to be used for the unlawful purpose aforesaid, and the said William W. Holden, Governor as aforesaid, did then and there, in the way and manner, and by the means and for the purpose afore- said, procure, order and command the said A. D. Jenkins so to disregard and disobey the said writ of injunction, and the lawful authority of said Judge, and did then and there, and in the way and manner and by the means and for the unlawful purpose aforesaid, defy, disregard, ignore, contravene, sus- pend and defeat the lawful purpose and effect, of the Writ of Injunction so granted and issued byjthe said Judge ; and there- upon and thereafter the said William W. Holden, Governor as aforesaid, the said sum of public money thus transferred as aforesaid to the hands of the said Richard T. Berry, did order and cause to be paid out and disbursed by him, the said Rich- ard T. Berry, to, for and about the illegal purposes aforesaid, to wit : The payment of the expenses in keeping on foot, sustain- ing and maintaining the said illegal military force as aforesaid," this respondent denies the same. And this respondent denies that he was guilty of a high mis- demeanor in his said office of Governor, in violation of his oath of office, and in subversion of the laws in said State, and the peace, interests and dignity thereof, as alleged in said eigth article. And this respondent, in submitting to this honorable court this his answer to the Articles of Impeachment exhibited against him, respectfully reserves leave to amend and add to the same from time to time, as may become necessary or proper, and when and as such necessity and propriety shall appear. W. W. HOLDEN. R. C. BADGER, J. M. McCoKKLE, NATHANIEL BOYDEN, EDW. CONIGLAND, "W. N. H. SMITH, Of Counsel. IPROCEEDINOS IX THE TRIAL OF IlPliOIIIIT OF WILLIAM V. HOLDEN. OOVBRSOU'OF NORTH CAHOLIXX FIRST DAY. SENATE CHAMBER, December 23, The hour of 12, M., having arrived, the Chief Justice, accompanied by Messrs. Jones and Lehman, entered the Senate Chamber and took his seat as presiding officer. Upon assuming the chair, the Chief Justice said : SENATORS : Having been notified by the Senator from Yadkin and Surry, I am present to take part in forming a court for the trial of the Governor of the State. There is one ques- tion which has been called to my attention. I noticed that in the trial of the President of the United States, the Chief Jus- tice of the United States thought he must take an oath, because 1 the Constitution of the United States does not make that a part of his official duty. The view that I take of it is that, inas- much as by the Constitution it is made a part of my official duty to take this post, I think the oath I have already taken is enough. Therefore I shall not take another, unless Senators ik it proper. 1 have consulted with some members, and . au'ive with me in this view. I suppose that it is not nece.-sarv i >r me to mention that I intend, of course, to do my duty impartially and according to, law, and that would be the nice of the oath. The Ch; 1 Justice then ordered a call of the Senate, and .,i; itOffi : 'onded to their name-, and were duly sw>ra by the Chief Justi'--. vi/ : Messrs. Adams, Allen, Bellamy, Brogden. Co. k. Conn -il, Cowles, Crowell, Ciirrie, Kppe-. Flemmin^, (iShner, C ; urn. Hawkins, Hynian. jJonera, l\in^;, Lassiter, man, Mauney. M Clammy. Mcrrimon, Moore, [..rehead, Murphy, Xorni"nt, Olds, Price, 11 ibbins of David- son. Itobbins, of Rowan. Skinner, Troy, AVarren, AVhite.-ide~ :md Worth. The Chi then said: The oath having been adminis- ii:.:i. and ar. I r-veive the Alai;- hment at its bar, which |>ro -l.iination provided in y ihj C ).!!;, the Clerk and Doorkeeper were '.'red that the Doorkeeper arr.inue .-eats |6 accommodation of the Managers from the 11 >'; Chief Ju.stic >!ated that the Doorkeeper had delivered the n and the return was that the Mana- r in the Senate Chamber at 1 o'clock. On motion of Mr. Robbins, of Rowan, it was ordered that the Court take a recess until five minutes to one. The hour of one having arrived, the Committee announced the return of the Chief Justice. The Doorkeeper announced the arrival of the Board of Man- agers from the House. The Chief Justice invited them forward. O Mr. Sparrow, ( Chairman of the Board of Managers, ) said : Mr. Chief Justice, we are requested by the House of Represen- tatives as its Managers, to demand that the Senate take 'process against William W. Ilolden that he may answer at tlve bar of the Senate upon the Articles of Impeachment heretofore }-e- ferred by the House of Representatives, through its Managers before the Senate. On motion of Mr. Lehman, it was ordered that a summons be issued to William "NY. Holden, Governor of the State of Kbrth Carolina, to appear and answer the Articles of Impeachment heretofore exhibited against him, and the said summons be made returnable forthwith. On motion of Mr. Graham, it was ordered tkat the folio wing of summons be adopted, to wit: THE STATE ov XOKMI CAROLINA. rf North C((i'oJ'nien:;U: Articles of Impeachment against you, the, s;;i summons, demand that you, the said William W. Ilolden, should be put to answer the accusations as set forth in said Ail icles, and that such proceedings, examinations, trials and "judgements might be therefore had as are agreeable to law and ustice. You, the said William W. Holden are, therefore, lereby summoned to appear forthwith before the Senate of Xorth Carolina, at their Chamber, in the City of Raleigh, then and there to answer to the said Articles of Impeachment, and there to abide by, obey, and perform sucli orders, directions, and judgments, as the Senate of North Carolina shall make in the premises, according to the Constitution and laws of North ( Carolina. Hereof you are not to fail. "Witness R. M. Pearson, Chief Justice and Presiding Officer of the said Senate, at the City of Raleigh, this 23d day of December, 1870. (Signed,) R. M. PEARSON, Chief Justice S. C. THE STATE OF NORTH CAROLINA. The Senate of North Carolina, To Joseph J. Rdberson, Greeting : You are hereby commanded to deliver and leave with Wil- liam W. Holden, if convenient, a true and attested copy of the within writ of summons, together with a like copy of this precept, and let it be done forthwith. Fail not and make return of this writ of summons and pre- cept, with your proceedings thereon endorsed, before the appear ance day mentioned in said writ of summons. Witness, R. M. Pearson, Chief Justice and Presiding Officer- of the Senate, at the City of Raleigh, this 23d day of December, 1870. ( Signed, ) R. M. PEARSON, Chief Justice S. C. RETURN. The foregoing writ of summons has been duly served upon William W. Holden, Governor of the State of North Carolina, 5 by delivering to him a copy of the summons, the 23d day of December, 1870. ( Signed, ) J. J. ROBERSON, Doorkeeper and Sergcant-at-Arms. The Chief Justice announced that the Doorkeeper had served the summons, and that the Governor would appear before the Court by counsel. Mr. R. C. Badger, counsel for the Governor, appeared before the bar and read the following reply to the summons, to wit : Mr. Chief Justice : I, William "W. Holden, Governor of North Carolina, having been served with a summons to appear before this Honorable Court, sitting as a Court of Impeachment to answer certain articles of impeachment found and presented against me by the honorable the House of Representatives of the State of North Carolina, do hereby enter my appearance by my counsel, Richard C. Badger, who has my warrant and authority therefor, and who is instructed by me to ask of this Honorable Court a reasonable time for the preparation of my answer to said articles. The time has been so short since my impeachment that I have not yet received replies from other members of the bar to whom I have written, requesting them to appear as my counsel in this Honorable Court. I therefore respectfully ask that they may be hereafter added to the coun- sel already employed by me. After a careful examination of the articles of impeachment and consultation w r ith my counsel, I am satisfied that at least thirty days will be necessary for the preparation of my answer, and I respectfully ask that it be allowed. (Signed) W. W. HOLDEN. Richard C. Badger, of counsel for the Respondent, moves the Court for the allowance of thirty days for the preparation of the answer to the Articles of Impeachment, and in support of the motion, makes the following professional statement : The articles are eight in number, involving many question 8 of law and a very great number of tacts. They were exhibited in the Senate on Monday, the 19th day of December, instant, and their contents only brought to the knowledge of the Ivr.-jHimlent on the day following, when they appeared in one of the daily newspapers published in the city of Raleigh. The Respondent, on account of the shortness of time, has not yet had replies from the other counsel to whom he has applied to appear for him jointly with myself, and this season of the year at which, according to the customs of this country, all per- sons make their arrangements for the incoming year, will cause the loss of at least seven of the days asked for. (Signed) K. C. BADGER, Coumclfor tftc Respondent. Chief Justice : The Managers have heard the motion ; what disposition will they make of it '. Mr. Spamnv said it was the desire of the Managers that the Respondent should have full time to prepare his reply to the charges piesented against him, and he was instructed to say the time asked for would be agreeable to the Board of Managers. The Chief Justice said that if no objection was made by the Court, the motion would be considered granted. Objection was made. Mr. Sparrow said the Board of Managers desired to know if the Respondent would ask for a longer time after the expiration of the thirty days asked. Mr. Badger assured the Court that the Governor would throw no obstacle in the way to delay the trial, but simply desired the time necessary to complete his reply. On motion of Mr. Graham it was ordered that the Respondent file his answer to the Articles of Impeachment on or before the 23rd day of January, 1871, and that the Managers of Impeach- ment file their replication thereto within six days thereafter, and that the matter stand for trial on the 30th day of January, 1871. The Chief Justice gave notice that the Court would stand adjourned until the 23d of January. SECOND h v SENATE CHAMI;; ;,, January 23d, 1&T1. At 12 M., pursuant to adjournment, the v'hief Justice having taken the chair, the Senate pnx .ceded to the consideration of the Articles of Impeachment exhibited against William W. 1 1 1 .Men, Governor of North C 'arolina. Proclamation was made ;n due form by the Doorkeeper. The following senators were then >h;!y qualified by the Chief Justice, to wit: Messrs. Albright, Barnett, Battle, Beasley, P>rowu, Dargan, Flythe, Graham, of Alamance, Latham, Liuney, Love, Speed and Waddell. On motion of Mr. Graham, of Orange, it was ordered that the additional rules for the government, of the Impeachment trial heretofore adopted by the Senate, be the rules of this body until further orders. On motion of Mr. Graham, of Orange, i: .lered that the Principal Clerk of the Senate notify the Managers on the part of the House of Rcpre>; . that the Senate is ready to proceed with the trial of William W. Iloklen, Governor of North Carolina, and that sear.- are provided for the Mana- and Counsel. Mr. Sparrow, on behalf of the Managers announced that Messrs. William A. Graham, Thomas P>ragg and A. S. Merri- mon were associated with the Managers as Counsel. Mr. Badger in behalf of the respondent announced that Messrs J. M. McCorkle, Nathaniel 'Hoyden, William N. II. Smith and Edward Conigland were associated with himself as Counsel for Respondent. On motion of Mr. Graham, of Orange, it was ordered that the Doorkeeper inform the Respondent, William W.IIolden, and his counsel, that the Senate is ready to proceed with the trial of the Impeachment. The answer of the Respondent, Wi 1 ! it' Representatives to the answer <.-f the Respon- dent which was read. REPLICATION ly the House of [Representatives of t/n- fct;///> Carolina, to the Answer of liV/ ; /V//,/. H'. If olden, tinr, rnor of the ftta.te.of North Carolina, to the Articles of Impeachment K.rli'il'itcd Against Him ly the Ilouw of Rrp- ntatives. The House of Ilepresentatives of tlie State of North Carolina, have considered the several answers of William AY. Ilolden, (iovernor of Xorth Carolina, to the several articles of impeach- ment againt him, by them exhibited in the name of themselves and all the people of said State, and reserving to themselves all ad vantage, -of exception to the insufficiency and irrelevancy of answer to each and all of the several articles of impeach- ment, exhibited against said William W. Ilolden, Governor of .:.iid St.ite, do deny each and every everment in said several answers, or either of them, which denies or traverses the acts, intents, crimes, misdemeanors, offences, or misconduct charged against said "William W. I lolden in said Articles of Impeachment or either of them, and, for replication to said answer, do say lliat said William W. Ilolden, Governor of said State, is guilty of high crimes, misdemeanors and offences mentioned in said articles, and that the House of Representatives are ready to prove the same. I'a.ised House of Representatives January 24th, 1871. TIIOS. J. JAIIVIS, X^xul'cr of the House of IZepresentatives, Attest: \V. W. GAITIIKIJ, Clerk. ( )n motion of Mr. Graham, of Orange, it was ordered that the Replication be received and filed, and an authenticated copy be furnished to the Counsel of the Respondent. Mr. Lehman moved the adoption of the following: 11 Ordered, That the -Semite will commence the trial of the Governor upon the Articles of Impeachment exhibited against him, on Monday, the <>th day of February, 1871, and proceed therein with all convenient dispatch, under the rules of the Senate sitting upon the trial of impeachment. Mr. Ilobbins, of Rowan, moved the adoption of the following as a substitute for the order proposed by Mr. Lehman : Ordered^ That the Senate, adhering to the order heretofore adopted, will proceed with the trial in the Senate Chamber on Monday, the 30th of January, 1871, and from day to day. unless otherwise ordered on reason shown. The substitute was adopted by the following vote yea.-^ 25, nays 22 : Those who voted in the affirmative are : YEAS Messrs. Adams, Albright, Battle, Brown, Cook, Council, .Cro well, Flcmming, Gilmer, Graham of Alau^ncc, Graham of Orange, Jones, Latham, Linney, Mauney, Merri- mon, Morehead, Ilobbins of Davidson, Bobbins of Ivowan, Skinner, Speed, Troy, AVaddell, AVhiteside and Worth 25. Those who voted in the negative are: XAYS Messrs. Barnett, Beasley, Bellamy, Brogden, Cbwles, Carrie, Dargan, Eppes, Flythe, Hawkins, Ilyman, King, Las- siter, Ledbetter, Lehman, Love, McCotter, Moore, M.urphy, Xorment, Olds and Price 22. The order as amended was then made. Mr. Norment moved the adoption of the following : ^ That the Managers on the part of the House of 1 io| >- resentatives, together with their counsel, and also the respond- ent and counsel be requested to take notice of the sitting of the Court of Impeachment, and request their attendance accordingly. 12 Mr. Graham offered as a substitute therefor the following : Ordered, That after proclamation is made on each day the Doorkeeper notify the Managers on the part of the House of Representatives and Counsel, and the Respondent and hi? Counsel, that the Senate is ready to proceed with the trial of Impeachment. The substitute was rejected, and the order as proposed by Mr. Norment was made. Mr. Graham, of Orange, called the attention of the Senate to the 9th and 10th sections of an act of the General Assembly, ratified the 10th day of April, 1869, Proceedings npon Impeach- ment, and asked whether or not, in the opinion of the Chief Justice, it was necessary for Senators to take any further oath before proceeding with the trial of the impeachment of Gov- ernor William W. Holden. The Chief Justice announced his opinion to be that the oatli hitherto taken by Senators at the organization of the Court of Impeachment was sufficient, and that no other oath was necessary. On motion of Mr. Moore, the Court adjourned until 12 M., Monday, 30th January, 1871. ft I S i ZJi I s s ? * n JIM I g s 3 jM-LIBRARYO/r, v i i i ^clOS ANGEL HI # ^ -t~ < oa o E S ^ =s o 5 fe 55 I | I . 3 1158 01318 6852 r. SOUTHERN REGIONAL LIBRARY FACILITY I minium mi inn AA 000019123 9