THE LIBRARY OF THE UNIVERSITY OF NORTH CAROLINA ENDOWED BY THE DIALECTIC AND PHILANTHROPIC SOCIETIES CB H726h ROOM This book is due on the last date stamp below unless recalled sooner. It may b renewed only once and must be brought the North Carolina Collection for renew J»U4-«-4885 Form No. A -369 The John Lawson Monographs OF THE Trinity College Hi^orical Society DURHAM, NORTH CAROLINA VOL. 11 MEMOIRS OF W. W. HOLDEN Durham, N. C. Tt" Seeman Printer y 1911 CONTENTS ilBRAKY UNrV ' OF NORTH CAROLINA Introduction v CHAPTER I. THE DEMOCRATIC PARTY IN NORTH CAROLINA TO 1861 David S. Reid and Free Suffrage — Contest with Gov- ernor Bragg — The Charleston Convention of 1860 —The Election of February, 1861 — The Seces- sion Convention 1 CHAPTER II. WAR POLITICS The Nomination of Vance — Confederate and State Politics — The Laurel Valley Affair — Editorials of April, 1865 — Edwin G. Reade to the Confed- erate Senate in 1864 18 CHAPTER III. PROVISIONAL GOVERNMENT AND RECON- STRUCTION INCIDENTS Scenes at Washington, May, 1865 — Provisional Gov- ernor — Pardons — The Legislature of 1865 — Criticisms of Moore's School History of North Carolina on War Politics and Reconstruction. ... 44 CHAPTER IV. GOVERNOR UNDER THE RECONSTRUCTION ACTS Reminiscences of Early Life — Protest of Governor Worth — Proclamations Regarding the Ku Klux — The Shoffner Act — Correspondence with Captain Pride Jones — Examples of Executive Clemency. . 94 CHAPTER V. IMPEACHMENT Chief Justice Pearson — Letter of Governor Brogden — Attitude Toward the Removal of Disabilities — Last Letter to the Public 147 Appendix 187 V^n>- u Introduction The Memoirs of W, W, Holden, which form the present volume of the John Lawson Monographs, were written between E'ovember, 1889, and March, 1890. /Governor Holden was then seventy-one years of ageV in 1882 he had suffered an attack of par- alysis ; and his health was so feeble that he was com- pelled to dictate the Memoirs, his amanuensis being his daughter, Mrs. >C. A. Sherwood, of Rakigit. The morning after the manuscript was finished he was again stricken with paralysis, which completely shat- tered his faculties. His death occurred in March, 1892. It was Governor Holden' s desire that some one should revise his manuscript and see it through the press. For this work he turned to Theo. H. Hill and John B. ISTeathery, but neither would undertake the responsibility. He also solicited the aid of Gov. C. H. Brogden in composing the manuscript; the only result was the letter, Brogden to Holden, given on page 169. The conditions under which the Memoirs were written explain several characteristics of the work. Governor Holden's power of organizing material had evidently been shattered by age and illness, for frequently questions relating to the Civil War and Reconstruction are discussed out of chronological order, related topics are often widely separated from each other, and the narrative of certain events is repeated. His memory, also, failed him, for there vi Introduction are some mistakes in detail and facts of much sig- nificance are omitted. Doubtless it was in full real- ization of these conditions that he writes, on page 25 : *'And further I will say I am not writing a history. While my mind is full of the events of the past, and men and things of which I am writing swarm before my vision, I have not the physical strength to catch and fix them all on paper, or to refer to documents and handle them, and deduce therefrom the actions and the characters of the men concerned. These are simply stray bits of history. I am innocent of any purpose to do injustice to anyone." On the other hand, there are certain strong, pos- itive features of the Memoirs. One of these is a remarkable absence of any vindictive feeling. The y/ narrative of events which might recall the conflicts and bitterness of the past is, as far as possible, omitted. This is notably true of the contest with Judge Ellis for the gubernatorial nomination in 1858 and of the bond issue in reconstruction days. The discussion of bonds was omitted, I am sure, because of personal attachment to some who were concerned in the bond legislation ; in fact, Governor Holden once wrote a newspaper sketch of the influ- ences which shaped the issue of the bonds of 1869, but refrained from publishing it on account of friend- ship for one deeply involved in the measure. Another characteristic of the Memoirs is that when his own policies are under consideration, the author assumes full responsibility and never shifts the bur- den to others. A striking example of this is the view of the military movement of 1870, known as the Introduction vii ^' Kirk-Holden War." ISTot a word is given in the Memoirs of the pressure brought to bear on the Gov- ernor by leading members of his party to take mili- tary measures. Yet, when measures which did not involve his o^vn responsibility or the integrity of oth- ers are under discussion, Governor Holden often displays an insight into conditions and a power of presentation that are far above the average. Such are the descriptions of the Free Suffrage Movement, the Charleston Convention of 1860, and the realign- ment of parties in E'orth Carolina after secession was accomplished. Finally, the Memoirs reflect many of the convic- tions of age and experience, the backward view of one who had lived and fought through some of the memorable political campaigns and movements in the history of ^N'orth Carolina. In full cognizance of these limitations, the Mem- oirs are given to the public as an interesting and val- uable contribution to the history of North Carolina. Editorial emendations have been withheld as far as possible, with the aim of letting Governor Holden speak without restriction. However, to offset his assumption of full responsibility for the military movement of 1870, a letter of Edward Conigland has been inserted as a foot-note to page 176 and in an Appendix has been added the testimony of R. C. Badger before the Senate Committee of 1871, which investigated the relation of Senator John Pool to the Kirk-Holden War. Both Conigland and Badger were counsel for the defense in the Impeachment and speak from knowledge and conviction. For these viii Introduction additions to the original manuscript of Governor Holden, editorial judgment is alone responsible. Some details of Governor Holden's career not in- cluded in the Memoirs are given in sketches entitled " William W. Holden '' in the Historical Papers of the Trinity College Historical Society, Series III. Aug. 1, 1911. WM. K. BOYD. Memoirs of W. W. H olden CHAPTEE I. THE DEMOCRATIC PARTY IN NORTH CAROLINA TO 1861 DAVID S. REID A^T> FREE SUFFRAGE CONTEST WITH GOVERNOR BRAGG THE CHARLESTON CONVEN- TION OF 1860 THE ELECTION OF FEBRUARY^ 1861 THE SECESSION CONVENTION. On the first day of June 1843, I became the owner and Editor of the ^'orth Carolina Standard, a well known DenjLOcr^tic journal. The Democratic party of the State Avas at that time in the minority and was depressed. The Whig party had controlled the State from 1836, the end of Governor Spaight's adminis- tration, until 1850, the end of Gov. Manly's admin- istration. The following statement of the vote for Governor will show how the State stood, up to the election of Governor Reid in 1850. 1840. John M. Morehead, Whig 44,484 Romulus M. Saunders, Dem 35,903 Morehead's majority 8,581 1842. John M. Morehead, Whig 37,943 Louis D. Henry, Dem 34,411 Morehead's majority 3,532 2 Memoirs of W. W. Holdeis- 1844. William A. Graham, Whig 42,586 Michael Hoke, Dem 39,433 Graham's majority 3,153 1846. William A. Graham, Whig 43,486 James B. Shepard, Dem 35,627 Graham's majority 7,759 1848 Charles Manly, Whig 42,536 David S. Reid, Dem 41,682 Manly's majority 854 1850. David S. Reid, Dem 45,080 Charles Manly, Whig 42,227 Reid's majority 2,853 1852. David S. R^d, Dem 48,567 John Kerr, Whig 43,003 Reid's majority 5,564 Governor Reid was therefore defeated iu 1848, and elected in 1850 and 1852. This made the State Dem- ocratic. In 1854 Thomas Bragg defeated Alfred Dockery by 2,085 ; in 1856 he defeated John A. Gil- mer by 12,628; and in 1858 John W. Ellis defeated D. K. McRae (a Democrat but generally voted for bj the Whigs) by 16,383. Memoirs of W. W. Holden I have given these figures to show that the State was Whig under the new Constitution as amended in 1835, up to Keid's election in 1850. In 1836 Edward B. Dudley, Whig, defeated Eichard Dobbs Spaight, Democrat, by about six thousand majority, and in 1838 he defeated Ex-Governor John Branch, who was brought forward by Willis Whitaker and others of Wake County, by about fourteen thousand majority. The State Convention that nominated David S. Reid for Governor w^as held in 1848 after the nom- ination of Manly for the same office. I had the honor to prepare the platform which was adopted by that body. Robert P. Dick of Guilford, James B. Shep- ard of Wake, William K. Lane of Wayne, and myself were the members of the committee who urged the nomination of Colonel Reid on the Convention. He was nominated unanimously, almost as a '^ forlorn hope''. Mr. Manly, his opponent, was a brilliant and able speaker, and the chances against Reid appeared to be as five to one. A committee was appointed to notify him of his nomination and request his ac- ceptance. He replied declining the nomination^ and I had the letter in type, and was about to go to press. But I looked at the correspondence as it stood in the form in type, and thought of the hopeless condition of the Democratic party if the correspondence with the letter from Colonel Reid should be published in the organ of the party, and I determined to withhold the publication at least for one issue of the paper. I at once consulted with friends as to the course to be adopted, and the result was that Jerry Nixon and Memoirs of W. W. Holden James B. Shepard, Esquires, and Dr. W. R. Scott and myself sent a messenger on horseback, who rode day and night to Reidsville with a letter to Colonel Reid, urging him in most earnest terms to accept the nomination and come to Raleigh at once, prepared to enter on the campaign with Manly. I wrote the letter and it was signed by the persons named. The messenger went and returned in the shortest possible time, and the day after he returned Colonel Reid- H^appeared at Raleigh, accepted the nomination (stop- l/tj/ ping at Guion's Hotel) and made ready for the cam- paign. (Therefore, but for what I did. Colonel Reid vwould not have accepted. Free Suffrage would not •'^ have been broached to the people of the State, which was the prime, great, and moving cause of the first Democratic victory in the State since 1836, and of all subsequent victories. And not only this, but Free Suffrage was the source of benefit to the State, in that it greatly liberalized the views of public men on legislation. The discussion of the subject in 1848 no doubt led to the assumption of a debt of more than two millions for internal improvements. The Senate was based on taxation, and was therefore not disposed to incur State debts. Colonel Reid was waited upon by a number of hib friends at the Guion Hotel, and full and free conver- sations were held in regard to the campaign. ^Ir. Manly had already given notice of his purpose to speak at Beaufort, Carteret County, in the course of four or five days, and it was desired that Colonel Reid should meet and reply to him at that place. The platforin on which Colonel Reid was nominated Memoirs of W. W. Holder contained no allusion to Free Suffrage/ and he said, '^ Gentlemen, this nomination was not sought by me, and it has been my purpose for a long time if I should be a candidate for a State office before the people, to broach one issue, which I deem very important. What I mean is that the State Constitution shall be so amended by the mode prescribed by the instrument itself, that all voters for the House of Commons shall be allowed to vote for Senators. What do you say to my taking this ground in the canvass ? I mean, of course, no disrespect to the convention that nominated me, but I wish to discuss this question before the peo- ple. I Avant your opinion. I will consult our friend Dr. S. A. Andrews at Goldsborough, and friend Sam- uel R. Street at ^ewberne, and friends at Beaufort, and then decide finally what I will do."' The friends present were Dr. Josiah Watson, James B. Shepard, Perrin Busbee, Jerry E'ixon, W. T. Eogers, Mark Williams, and myself. Dr. Wat- son and Messrs. Shepard and Busbee were inclined to decide against it, and Messrs. !Nixon, Rogers, Wil- liams and myself were in favor of broaching the issue. Colonel Reid was traveling in his buggy. He had recently had a spell of fever and was feeble, but he reached Beaufort in time to reply to Mr. .!^Ianlv. In his reply he took ground for .Free Suffrage, and Mr. Manly asked to be allowed till next day at l^ew- berne to state his position on that subject. At ISTew- berne he, topk ground against it, fei^d this sealed the ^ By the Constitution of North Carolina, adopted in 1770, fifty- acres in freehold was required of all who voted for State Sena- tors. [Ed.] Memoirs of W. W. Holden Jatt! of the Whig party in ^orth .I'aroliiia, and Iti&o announced in ^uy ^ivxt paper. ~ XTr. Manly was elected in August 1848, by 854 votes. In 1849 I wrote to Colonel Keid requesting bim to be a candidate again for Governor in 1850. He replied, stating that he was willing to do so, pro- vided he should not be required to approve the pro- posed Convention at Xashville, Tenn., and the act by the Legislature passed in 1848, chartering the N. C. Railroad. I answered Colonel Reid that on neither question was he expected to commit himself, for the reason that they were both aside from and above the party. And therefore, all that was expected of him was to enforce the law according to the char- ter of the road — that a man could be a Democrat and at the same time against or for the Road or the Convention. At that time the Democratic party of the State was opposed, by a large majority, to stat^ aid for internal improvements. I remember well at the session of 1846 when the proposition to enclose the capitol grounds was pending, and $12,000 was re- quired to build the present iron fence around it, Col- onel John A. Fagg, of Buncombe, said to me, that if I would vote $800 for the Buncombe turnpike road he would vote $12,000 to enclose the capitol square. I told him I would do it. The bill passed by Colonel Fagg's vote, and this was as far as I ever went in what is called " log-rolling/' The East was especially opposed to appropria- tions for railroads and other improvements. In 1848 the Democratic party in the State incurred great danger from divisions on this subject. Colonel Reid, Memoirs of W. W. ITolden 7 Colonel Biggs, and many other leading and influen- tial members of the party were indifferent or opposed to internal improvements, while Calvin Graves, and General E. M. Saunders, and Mr. J. C. Dobbin, and Mr. William S. Ashe, and Judge Strange, and Mr. William B. Shepard, and Mr. John S. Eaton, and others, a small minority, were in favor of them. A caucus was held in the (Commons Hall at night in ^850, which nominated Colonel Reid for Governor. Mr. John S. Eaton presided. Colonel Asa Biggs offered a resolution to amend the State Constitution, to allow no appropriation for internal improvements unless it had been submitted to the people at the polls. This produced great excitement. General R. M. Saunders arose and declared indignantly that, if that resolution was adopted, 5,000 internal improvement Democrats would stay away from the polls, and Mr. Eaton gave notice, if the caucus passed it, he would no longer preside. Colonel Biggs then arose and withdrew the resolution, and the party was thus saved by the firmness and devotion to principle of ^. that small minority. Colonel Reid was nominated V the second time for Governor, and his opponent was, as before, Governor Charles Manly. His ma- jority was 2,853 in 1850. There was another State Convention, and he (Reid) was nominated the third time, his opponent being Hon. John Kerr of Cas- well County. His majority over Mr. Kerr in 1852 was 5,564. Towards the close of his second term he was chosen a Senator in the Congress of the United States for four years, and here I take occasion in this, the last paper I shall ever write on public affairs. ^Ikmoirs of W. W. Holdex to do justice to Governor Reid, by bearing my testi- mony to his ability and fitness for the post of Sena- tor, and by expressing my regret that I Avas at that time a candidate for the place in opposition to him. It was really not opposition to him so much as to Governor Bragg, who was elected to the Senate over both of us. A friend who attended the caucus held in Commons Hall to nominate a candidate. for the Sen- ate, gave me the caucus vote at the time, which I pre- served, as follows :-:^JBraj^". 40k HqI/J/'U,-^ Reid 18. On the second ballot Reid's supporters all went to Brag'g, and his vote was 58, Holden 36. _ Thomas Brag gyJr., Esq., of Northampton County, was Governor ixeid's successor, and his nomination to the office took place thus: — The Hon. Daniel W. Courts was State Treasurer. In casting about for a Democratic candidate for Governor it was arranged between ^^Ir. Courts and myself that when Mr. Bragg came to Raleigh at the winter term of the Supreme C\)urt in 1854, I was to see him and confer with him on the subject. I did so at the Yarboro House. Mr. Bragg consented to be a candidate for Governor, pro- vided he was nominated without serious opposition. At the proper time I called a Democratic meeting in Walce County, prepared the platform, which was adopted, containing a resolution recommending Thomas Bragg for Governor. Wake County having held the first meeting and thus acted, Bragg's name was taken up generally throughout the State, and at the State Convention held in the spring of that year he was unanimously nominated for Governor. His /I first opponent was General Alfred Dockcry, of Rich- v.^_ Memoirs of W. W. Holden 9 niond County. Bragg's majority over Dockery was 2,085. In 1856 Bragg defeated John A. Gilmer, of Guilford Coimty, by 12,628._XAV'orked very hard f or-. Bragg, as I had done previously for Reid. In 1854 Bragg's election was put in peril first, by the sudden .appearance of the Know ^Nothings, and secondly, by his indifference towards the proposed railroad through the mountains. General Dockery was openly and boldly for this railroad, and was gaining votes rapidly in the West. I wrote to Bragg in Charlotte, on his way West, in his campaign with Dockery, that if he did not come out boldly and emphatically the signs were he would be beaten. I also wrote to Cap- tain John Walker of Mecklenburg, asking him to urge Bragg to take my advice. Mr. Bragg at once took strong and positive grounds for the railroad to run through the mountains, and he was elected by a small majority in 1854. In 1858. at a Democratic State iConvention held in Charlotte, Judge John W. Ellis of Rowan County, was nominated for Governor.^ His opponent was Colonel Duncan K. McRae of Xewberne, Democrat, supported by that (Whig) party, which demanded a distribution of the proceeds of the sale of the public lands. Ellis was elected by a large majority. In 1860 Governor Ellis was re-elected over Hon. John Pool, of Pasquotank County, who ran on the Whig advalorem ticket, by 6,000 majority. The next Governor was chosen by the people under J^ ^ Governor Holden is singularly silent concerning his own candi- dacy in this convention and his defeat for the nomination by Mr. Ellis. For a thorough discussion, see "The Democratic Convention of 1858,"' m Charlotte Observer, May 3, 1908. [Ed.] 10 Memoirs of W. W. Holden an ordinance of the State Convention in 1862^ of which I shall speak after referring to the then condi- tion of the country. .,][n the winter of 1S50-60 a State Convention of the ._J)emocratie paiiv \va> lu'L! iu lialeigh and delegates" were appointed to a National Convention to be held in Charleston, S. C. to nominate candidates for Pres- "ident and Vice-President. The delegates appointed to represent the '^ state at large" were Bedford Brown, William S. Ashe, Waightstill W. Averj, and W. W. Holden. I trav- eled to Charleston mth Hon. Bedford Brown. I found Hon. R. P. Dick there already. And here commences a most important sketch of my history. I had been acting for a long time with the State Rights party, (not of the Yanceyites), but was in accord with Jackson, Van Buren, and Bedford Brown. I was a state delegate, and had a right to speak for the State with Messrs. Ashe, Avery, and Brown. I Avas jealous for the so-called rights of the South on the question of slavery, and greatly concerned at the apparently impending election of a sectional can- 4, that is to say in the county 1952 for the Union, and 758 for Secession, and in the city 712 for the Union and 81 for Secession. In February 1861, on the morning of the election, I voted about 10 o'clocE^ Soon after I met Mr. Bad- ger. He asked me good humoredly if I had voted the ticket. I told him I had voted for himself, and Mr. Busbee, and for the convention. He expressed surprise at my vote for a convention, and asked my reasons for thus voting. I replied, '' Mr. Badger, today the people of the State will elect 80 union and ' 40 secession delegates, and if the convention carries and is assembled, we can take steps to prevent seces^ "sioiTaHd save the union.'' ""'He'then voted for Mr. Busbee and myself and for the convention. The re- sult of this election showed that I had properly esti- mated the delegates elected, (as for the Union and Secession.) There were for the Union 83, for Secesi sion 37. In May of the same year Mr. Badger and Mr. Kemp P. Battle, (now President of the University) / were with myself candidates for the convention. This was after the firing of the first gun by the Con- federates and after the call by Mr. Lincoln fori troops from all of the States to put down secession in the South. E^orth Carolina could no longer be held for the Union, but went with the Southern States in the contest for independence. The friends ^_of the Union had assumed the names"bl 'Conserva^ ^ Jives, and those of the opposite party were still called Democrats. The delegates met in Convention in 16 Memoirs of W. W. Holden / Raleigh on the 20th of May, and the body Avas organ- ized by the appointment of Hon. Weldon X. Ed- wards as President. The Hon. William A. Graham, of Orange County, was voted for against him. Mr. Edwards' majority was about 20. On that day the Ordinance of Secession w^as passed; the DemocraJ:s insisted ^on Bu rton Craj ge's _Ordinanc^"wM Repe aled ^the act of'lTSOj n^ w hich the Stat^ j gr o f the American J>JAJon. pro^osui^n_ta-_4ill£nd Mr. 'iCraigeX_0rdi»ati^e^J5:as dpf ftatpd_ The Conservatives voted to amend 3Ir. aarte^ rTEadgeiils^ r d i n ance_b^J-aii^er ti place. Mr. ^aogers^^ famed the reas Ordi- claimed r evolu tion^^-aiid c Lthe State resisted Mr. Lincoln's call co erce the Soutfa^fn'''Bta I votea~for Governor Graham for President against Mr. Edwards. I had been opposed to Gov- ernor Graham in politics for 17 years, and acting with Mr. Edwards as a Democrat for 17 years, but Mr. Edwards had been a secessionist, and Governor fGraham had been and was a Union man, and I voted accordingly. In the Convention Mr. Badger Ex-Governor Graham, and myself sat near each other, and Governor Graham the next day sent me word by Mr. Ben Xittrell, of Davidson County, now deceased, that he proposed that we should be recon- ciled and on speaking terms, "for," said Mr. Kittrell, " Mr. Graham has just said to me, he believes you are a true man." I replied to Mr. Kittrell, '* Please say to Mr. Graham, I would like to be on speaking terms with him, but how shall it be effected V' He Memoirs of W. W. Holden 17 said, ^' Mr. Graham has arranged all that. He says you are the youngest man, and should approach him first. You have both about equally offended each / other. He says when the Convention adjourns today, he will stand in his place near his seat, and as you approach him he will extend his hand and shake hands." I was glad to be on speaking terms with Governor Graham, and during the session and after- wards, I conferred with him freely and profited by his advice. Mr. Badger and myself had also been on indiffer- ent terms, until in the Court House on the day he accepted the nomination, I having just accepted mine, he approached me through the bar and offered his hand which I cordially and gladly accepted. The audience knowing our alienation approved it, with thunders of applause. The Convention, in which I served for some time, consisted of about 70 Democrats and 50 Conserva- tives. Their political antipathies were deep and strong, yet they controlled themselves admirably, and nothing occurred to interrupt their personal friend- ships. I remember well, that when the act of seces- sion was consummated, the body looked like a sea^ partly in storm, partly calm, the Secessionists shout- ing and throwing up their hats and rejoicing, the ^ Conservatives sitting quietly, calm, and depressed.) CHAPTER IT. WAR POLITICS THE NOMIXATIOX OF VANCE CONFEDERATE AND STATE POLITICS THE LAUKEL VALLEY AFFAIR EDITORIALS OF APRIL^ 1865 EDWIN G. READE TO THE CONFEDERATE SENATE IN 1864. It was during the session of that Convention that the candidates for the office of Governor were agreed upon.^ Colonel Z^^JB^Vance was in Raleigh in December 1^1, on his way to Wash- ington City. In all respects he was a devoted £ friend to the Union of the States. He spoke twice in Raleigh to large audiences, one night in the Court House and one night in Commons Hall. He was on each occasion in a very serious frame of mind. All the portents indicated bloodshed and war. He spoke on both occasions for more than an hour, ; and though his manner and style up to that time had always been full of anecdote and fun, yet he was first and last as sober as a judge. He was too deeply in earnest to make a joke or provoke a laugh. That great tribune of the people, Henry Watkins Miller, spoke in Commons Hall at the same time, and the people of all parties, who were present in large numbers, hung on and endorsed their words. During the winter and spring of 1862, the .Con- servatives of the State were casting about for a can- didate for Governor. Z. B. Vance and Ex-Governor ^ * There were four sessions of the Convention, the last in April, 1862. [Ed.] Memoirs of W. W. Holden 19 Graham were nominated in various counties, but the latter declined in a card, published in the Standard, The Reverend William E. Pell was then employed by me as x\ssistant Editor of the Standard, and I re- quested him to call on Governor Graham, w^ho was then in Raleigh, and urge him to be a candidate. Mr. Pell did so and had a long conversation with Gov- ernor Graham on the subject and on public affairs. I also asked Mr. Badger to see Governor Graham and urge him to run for Governor. Mr. Badger declined to do so, and said Graham had been Governor once for four years, and would have the trouble and ex- pense of moving his family to Raleigh, and also no doubt be involved in troubles and difficulties with the central government at Richmond, and that when this should occur, as he feared it would, he did not want Ex-Governor Graham to point at him and say, ^^ Badger, you helped to involve me in all this trouble.'' I then de- termined to fix on Z. B. Vance for Governor. I felt that being a Democrat^ and Vance a Whig, his nom- ination had better proceed from a Whig — for exam- ple, the Fayetteville Observer. I wrote therefore at once to Augustus S. Merrimon of Asheville, Bun- combe County, to come to Raleigh and aid me in the work of bringing Vance forward. I had heard Mr. Merrimon speak in the House of Commons in the fall of 1861 with marked ability and power for the Union. He was a young man of the highest prom- ise. He has since been a Senator in Congress, and is now Chief Justice of the Supreme Court of ^orth Carolina. After consulting with Mr. Merrimon, he 20 Mkmoiks of \V. W. Holden went to Fayetteville and consulted with Mr. Hale. Mr. Hale said to Mr. Merrimon that 1 (Holden). having been a Democrat, was the proper ]jerson to raise Colonel Vance's name. Mr. Merrimon then wrote a brief article which appeared under the edi- torial head of the Observer, marked ^' communi- cated/' nominating Vance for Governor. He then returned to Raleigh by way of Kinston — Colonel Vance being at Kinston with his reghnent — and ob- tained from him his letter of acceptance, and reached Raleigh with it. A meeting was held in the office of Daniel G. Fowle' (now Governor of the State) in a house then standing on the site of the present Henry building on Fayetteville St. There were present in this meeting Honorable Daniel G. Fowle, Colonel W. H. Harrison, A. S. Merrimon. Esq., Colonel James F. Taylor, and myself, and on the 4th day of June 1862, I hoisted Vance's name for [jCjovernor. The election took place in August, 1S62, and Vance's majority over Colonel William Johnston of Mecklenlnirg was 33,975 . The vote of Wake County was: — Vance 2,269, Johnston 489. The fol- lowing is Colonel Vance's letter of acceptance : ' Daniel troops to that County, you must pardon me for say- ing that I look with apprehension to the result ; and my candid opinion is that the '^Ku Klux" cannot be put down by force without a dreadful amount of bloodshed and crime, and that the wise course adopted by you in Chatham would be much more effective here also. If troops have gone there, of course they cannot be recalled at once ; but I consider it of vital importance, should you consider it expedi- ent to extend my commission to that County, for you to give me some authority in the premises, and enable me to say that upon such and such things being done, that you will recall the troops. " I would further suggest that your instructions upon the subject of oblivion and pardon of the past be explicit and clear, or my labors may be unavailing. " It may be proper to add that I am not a member of the "Ku Klux" or any other secret political organ- ization whatever. " Very respectfully, ^' Your obedient servant. Pride Jones. "His Excellency, W. W. Holden, Raleigh. " Hillsborough^ March 5, 1870. To His Excellency J W. W, Holden, Governor of N.C, " Sir : The undersigned, citizens of Orange County, respectfully recommend Dr. Pride Jones, of Hills- boro, as a suitable person to receive a Captain's 128 Memoirs of W. W. Holdex ^^ Commission for Orange County. We believe his appointment would give entire satisfaction to our citizens, and would go far towards establishing, on a firm basis, good order throughout the County. ^' Very respectfully, (Signed) J. W. Xorwood^ Geo. Laws^ James Webb^ Henry K. Xask, Henry X. Brown, O. Hooker. '' STATE OF XOETH CAROLINA, Executive Department, Raleigh, March 7th, 1870. ^' To Capt. Pride Jones : ^' Sir : Please find enclosed a Captain's Commission in the 45th Regiment Orange Militia. You will ob- serve by the papers that I have been constrained to declare the County of Alamance in a state of insur- rection. I have done this with reluctance and re- gret. The civil law is silent and powerless in that County. Many of the people of that County feel that they are entirely insecure in their persons and prop- erty, and their only hope is in such protection as the military can afford them. Federal troops, com- manded by States officers, will be employed. The innocent and the law-abiding will be in no danger; but it is indispensable to bring the guilty to punish- ment. I agree with you that the Klan of Ku Klux is very formidable and warlike, but I fear it will grow Memoirs of W. W. Holden 129 with indulgence, and that if vigorous measures he postponed it will ultimately occasion much civil strife and bloodshed. I am most anxious to preserve Orange, Chatham and other Counties surrounding Alamance from the infection of insurrection in the latter County. Capt. Ramsey is doing good work in Chatham. The civil officers of the County of Orange are the friends of law and order, and are performing their duties like patriots. I wish you, sir, to take command in Orange. I believe you can thus perform efficient and valuable service for your State. If you should accept this position, I should rely in a great degree upon your firmness, moderation and discretion, and therefore, at present, give no special instructions as to the manner in which you will dis- charge your duty. Your pay, while on duty, will be that of a Captain in the Eegular army of the United States. I would be glad to hear from you at an early date. Very respectfully, W. W. HoLDEN^ Governor/' " Hillsborough, K C, March 9, 1870. His Excellency, W. W. Holden : " Sir : Your favor of the 7th instant reached me this morning with accompanying documents. ^^ I accept the commission and have already com- menced the discharge of its duties. On yesterday I went eight miles in the country, believing that there was no time to be lost if my commission was to result beneficially, and was much gratified to find the par- 130 Memoirs of W. W. Holden ties appealed (to) earnestly responding to my wishes. ^' From the facts stated to me by Mr. Norwood, I represented that the past would be overlooked, pro- vided there was a disbanding of the klans, and no further infraction of the law; and I sincerely hope that your Excellency in your special instructions, for which I respectfully ask at your earliest convenience, will sustain me in the. position assumed; for with such instructions I feel perfectly assured that I can restore the laws to their just supremacy, and this I take to be at this time the main object of my commis- sion. " I am, sir, " Very respectfully, ^' Your ob't servant. Pride Jones.^^ ^' X. B. I omitted to suggest that if the ''Leaguers" Avere embraced in my instructions it would facilitate matters very materially. P. J." " Ealeigh, March 17, 1870. " To Captaix Pride Jones : " Sir: Yours of the 9th was duly received, and would have been answered sooner but for the pressure of other business. '' I am gratified at your acceptance of the commis- sion, and trust that your efforts will result benefi- cially to society. '' It will readily occur to you that as the Executive I have no power to proclaim amnesty. The Solicitor Memoirs of W. W. Holden 131 may enter a nol. pros., or he may not, and the Judge may then sentence, and then the power of commuta- tion, or pardon, is with the executive. I am ready to do all that I can under the Constitution and laws to compose troubles. It is not my purpose to pros- ecute or to take vengeance on any. What we want is submission to the laws, and peace in all the neighbor- hoods in the County. Public opinion can effect this more certainly and on a more permanent basis than the ministers of the law can, under present circum- stances. It is an important part of the duty assigned you to embody and direct this public opinion. In doing this, much must be necessarily left to your own discretion. You are thoroughly acquainted with the people of the County. You know their peculiar tem- peraments, their habits and their modes of thought. Their prejudices, even, should be respected. ^' But the object of all this is to restore peace and good order. '^ Every citizen, no matter of what color, or how poor or humble, has a right to labor for a living with- out being molested ; to express his political opinions without let or hindrance; and to be absolutely at peace in his own house. Every citizen has a right to attach himself to a secret political organization ; and these organizations are harmless, so long as they re- spect the rights of persons and property. But, though lawful, they are not expedient. The time has passed when they were even expedient. They can effect no special good at present, but they may be the cloak or the occasion for mischief. Especially are they so w^hen the members disguise themselves, and take 132 Memoirs of W. W. Holden arms and ride through neighborhoods breaking the peace and terrifying the inhabitants. You will, there- fore, mildly but firmly discountenance and discourage all secret j^olitical organizations, and especially those that put on disguises and carry arms. It is a mis- demeanor to go thus disguised with intent to terrify, and it is felony thus to commit any act of violence. " The authority with which you are Invested is to exercise a strict subordination to the civil power. *' I take it for granted the sheriff of Orange can ex- ecute any process that may be placed in his hands. But, if resisted, you are authorized to take men to his aid as posse comitatus, to insure the arrest of criminals. And if criminals enter Orange from Ala- mance they should be arrested and held for trial. " Your attention is directed to the Acts published in the Standard, Sentinel, and Eecorder immediately after my proclamation of the 7th of March. Also to the ''act making the act of going masked, disguised or painted a felony," laws of 1868-69, chapter 267, page 613. '' I Avould be glad to hear from you frequently as to the progress you are making in maintaining law and order in Orange. Very respectfully, " W. W. HoLDEN^ Governor, I^or was I wanting at any time or any way in gen- erosity or kindness to the people, or to my opponents. I was careful never to intrude myself on conven- tions or Legislatures called or chosen by myself. I had too much respect for such bodies to present even Memoies of W. W. Holden 133 an appearance of arbitrary power. I never attended even the convention called in 1865, or either House of the Legislature of the same year. But in 1868 while the Legislature was in session, walking in the rotunda of the Capitol, I heard someone say, " They are having high times upstairs." I replied, ^What's the matter ?" I was told that they were about to expel Kobbins. I then went upstairs for the first time into the Senate chamber. Mr. Senator Eobbins, of David- son County, was defending himself against a charge of bribery. The house was Kepublican by two-thirds vote. I asked what the charge was. I was told it was for receiving $20 for making a speech in the Senate for paying Mr. John W. Stephens mileage. I said, ''That is not so, it cannot be true." I then saw Mr. Senator Lassiter and other Senators, and Mr. Steph- ens himself, and asked them to work with me and dis- suade them from passing the resolution of expulsion. The result was, we saved him by three majority in a body two-thirds Eepublican. I refused to join my party friends in their persecution of a worthy man because he was a Democrat. I afterwards forbade the use in the Standard of ''twenty-dollar Eobbins." On another occasion in Ealeigh, between the times when I was Provisional Governor and when I was regular civil Governor, I interposed to save a friend, a Democrat, who was in trouble. It was Major D. G. McEae, of Fayetteville. He was in military prison on the site of the old fair grounds in East Ealeigh. I called on the officer in command and asked to see D. G. McEae, and to know the charge on which he was held. He sent for him, and he was brought in. 134 Me^ioirs of W. W. Holdex The officer said : '' Mr. McRae is held to be tried be- cause he said after he had tried a negro man for rape, 'Damn him, kill him.' " I said to the officer, ''I hope you will release Maj. McRae at once, he is very far from being such a man as that, it is simply impossi- ble that he should have said that; I beg you, Sir, to release him and let him go home," Avhich he did at once. Col. James F. Taylor had gone with me to the prison to see Maj. McRae. I had myself appointed Maj. McRae magistrate, and knew him well. And there was Captain Tolar, of Fayetteville, who was tried for the murder of this same negro, and convicted by a court martial and sentenced to hard labor on the fort at Beaufort, X. C. That was in 1867. I wrote to President Johnson stating the facts, and asked for his pardon. He was pardoned. Another case was that of a young man, the eldest son of Governor Bragg, who was engaged in a diffi- culty with another young man, and shot him in the groin. Young Bragg was in serious peril. Mr. Fowle (now Gov. Fowle) appeared for him. Young Bragg, knowing my friendship for, and influence with the young man whom he had shot, and with his father and mother, called to see me, and asked me if possible to settle the matter and relieve him from the indictment then pending in the court. I went at once to see the young man who had been shot, and his mother. The matter was promptly arranged and set- tled on young Bragg paying certain expenses. It is more than probable that no one else than myself could have settled it. Young Bragg was the oldest son of my prosecutor, Ex-Gov. Bragg, who was then dead. Memoirs of W. W. Holder 135 Gov. Fowle and Pulaski Cowper, Esq., will bear tes- timony that these things are so. On the 22nd of :N'ovember, 1870, I sent my third and last message to the General Assembly. In this message I used the following language : '' The present government of North-Carolina com- menced its operations on the 4th day of July, 1868. This government is based on the political and civil equality of all men, and it was lawfully and constitu- tionally established by the whole people of the State. The State had just emerged from a protracted and desperate conflict with the government of our common country, in which many valuable lives and a vast amount of property had been sacrificed. It was hoped and expected that the government thus established, after so much suffering and so many calamities, would be allowed to move quietly forward, protecting all alike, dispensing its equal benefits with an equal hand, and preparing the way for a realization of that pros- perity which the State had formery enjoyed. But the validity of the Eeconstruction Acts was questioned, and the authority of the State was represented as hav- ing been derived in such a manner as to render it binding on the people onlyi^^ST an opportunity should be offered to throw it off. Combinations were formed in various parts of the State, of a secret char- acter, the object of which was to render practically null and void the Reconstruction Acts, and to set at naught those provisions of the Federal and State Con- stitutions which secure political and civil equality to the whole body of our people. My attention was first called to these combinations in October, 1868, and I 136 Memoirs of W. W. Holdex then deemed it my duty to issue a proclamation, set- ting forth the nature of our government, the manner in which it had been established, vindicating its au- thority as a government, not merely de facto, but de jure, and giving warning of the consequences that must follow, if any attempt should be made to sul> vert the government, or to assail by force the right of suffrage as guaranteed to any portion of our citizens. In that proclamation I said : ' Every race of men in this State is free. The colored citizen is equally en- titled with the white citizen to the right of suffrage. The poor and the humble must be protected in this right equally w4th the affluent and the exalted." It was also enjoined upon ''all magistrates. Sheriffs and other peace officers to be vigilant, impartial, faithful and firm in the discharge of their duties, magnifying and enforcing the law, ferreting out offenders, pro- tecting the weak against the strong who may attempt to deprive them of their rights ; to the end that the wicked may he restrained, the peace of society pre- served, the good name of the State maintained, and the government perpetuated on the basis of Freedom and Justice to all.' ^ "And in April, (18/9, after the General Assembly, had passed ''An Act making the act of going masked, disguised or painted, a felony," I issued another proc- lamation setting forth this Act, and giving notice that ' bands of men who go masked and armed at night, causing alarm and terror in neighborhoods, and com- mitting acts of violence on the inoffensive and de- fenceless,' and ' depredators and robbers, who lived Memoirs of W. W. Holden 137 on the honest earnings of others,' would be followed and made to feel the penalty due to their crimes. ^^And in October, 1869, 1 deemed it my duty to issue another proclamation, setting forth the fact that in the Counties of 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 property, and it is difficult, if not impossi- ble, to secure a full and fair enforcement of the law.'' I gave notice in this proclamation that violations of law and outrages in the aforesaid Counties must cease; otherwise I would ^proclaim those Counties in a state of insurrection,' and would ^exert the whole power of the State to enforce the law, to pro- tect those who are assailed or injured, and to bring criminals to justice.' ''And in March, 1870, I was forced by a sense of duty to 'proclaim and declare that the County of Alamance is in a state of insurrection.' "And in June, 1870, 1 issued another proclamation, in which, on account of ten murders mentioned, com- mitted in four Counties, and other acts of violence, such as whipping, and the driving a State Senator from the State, I offered rewards for the arrest and conviction of murderers, amounting in the aggregate to a large sum. In this proclamation I denounced the outrages, such as murders and scourgings, by the Kuklux Klan, and also retaliation by others, such as the burning of stables, mills and dwelling houses ; and I urged all officers, both civil and military, to 138 Memoirs of "W. W. Holdex aid in bringing offenders to justice and restoring peace and good order to those portions of the State. ^'And in July, 1870, 1 was forced by a sense of duty to declare the County of .Caswell in a state of insur- rection.' " These proclamations are printed in the ^Appen- dix' to this document, and I trust every member of your honorable body will give them a careful perusal. '^ In addition to these proclamations I addressed letters to various civil and military officers, and to citizens, urging the necessity of repressing these out- rages and of enforcing the law. For the space of twelve months, while the laws were thus being set at naught, and while grand juries were failing to find bills, or, if they were found, petit juries refused to convict, I was almost constantly importuned by let- ters, and in person, by many of the victims of these outrages, and was urged to adopt some means of pro- tection to society, and especially to the victims of the secret combinations referred to. '' These combinations were at first purely political in their character, and many good citizens were in- duced to join them. But gradually, under the lead- ership of ambitious and discontented politicians, and under the pretext that society needed to be regulated by some authority outside or above the law, their character was changed, and these secret Klans began to commit murder, to rob, whip, scourge and mutilate unoffending citizens. These organizations or these combinations Avere called the Ku Klux Klan, and were revealed to the public, as the result of the meas- ures which I adopted, as '^The Constiiutional Union Memoirs of W. W. Holden 139 Guards," ''The White Brotherhood," and ''The Invis- ible Empire." Unlike other secret political associa- tions, they authorized the use of force, with deadly weapons, to influence the elections. The members were united by oaths which ignored or repudiated the ordinary oaths or obligations resting upon all other citizens to respect the laws and to uphold the government; these oaths inculcated hatred by the white race against the colored race; the members of the Klan, as above stated, were hostile to the princi- ples on which the government of the State had been reconstructed, and, in many respects, hostile to the government of the United States. They met in se* cret, in disguise, with arms, in a dress of a certain kind intended to conceal their persons and their horses, and to terrify those whom they menaced or assaulted. They held their camps, and under their leaders they decreed judgment against their peace^ able fellow-citizens, from mere intimidation to scourgings, mutilations, the burning of churches, school-houses, mills, and in many cases to murder. This organization, under different names, but cemented by a common purpose, is believed to have embraced not less than forty thousand voters in IN^orth Carolina. It was governed by rules more or less military in their character, and it struck its vic- tims with such secrecy, swiftness and certainty as to leave them little hope either for escape or mercy. The members were sworn to obey the orders of their camps even to assassination and murder. They were taught to regard oaths administered before magis- trates and in Courts of Justice, as in no degree bind- 140 Memoirs of W. W. Holden ing when they were called upon to give testimony against their confederates. They were sworn to keep the secrets of the order — to obey the commands of the Chief — to go to the rescue of a member at all haz- ards, and to swear for him as a witness and acquit him as a juror. Consequently, Grand Juries in many Counties frequently refused to find bills against the members of this Klan for the gravest and most fla- grant violations of law; and w^hen bills were found, and the parties were arraigned for trial, witnesses, members of the order, would in nearly every case come forward, and, taking an oath before the Court on the Holy Evangelists to tell the truth, the whole truth, and nothing but the truth, would swear falsely, and would thus defeat the ends of justice. There are, at least, four Judges and four Solicitors in the State who will bear witness to the fact, from their own ex- perience, that it was very difficult, if not impossible, to convice members of this Klan of crimes and mis* demeanors. I have information of not less than twenty-five murders committed by members of this Klan, in various Counties of the State, and of hun- dreds of cases of scourging and whipping. Very few, if any, convictions have followed in these cases. The civil law was powerless. One State Senator was murdered in the open day in a County Court-house, and another State Senator was driven from the State, solely on account of their political opinions. In neither case was a bill found by a Grand Jury. A respectable and unoffending colored man was taken from his bed at night, and hanged by the neck until he was dead, within a short distance of a County Memoirs of W. W. Holden 141 Court-house. Another colored man was drowned, because he spoke publicly of persons who aided in the commission of this crime, ^o bills were found in these cases. A crippled white man, a native of Ver- mont, was cruelly whipped because he was teaching a colored school. 'No bill was found in this case. The Sheriff of a County was waylaid, shot and killed on a public highway, and the Colonel of a County was shot and killed in the open day, while engaged in his usual business. A County jail was broken open, and five men taken out and their throats cut. Another jail was broken open, and men taken out and shot, one of whom died of his wound. Another jail was broken open and a United States prisoner released. !N'o punishments followed in these cases. The mem- bers of this Klan, under the orders of their Chiefs, had ridden through many neighborhoods at night, and had punished free citizens on account of their political opinions, and had so terrified many of them by threats of future visitations of vengeance that they fled from their houses, took refuge in the woods, and did not dare to appear in public to exercise their right of suffrage. Some of these victims were shot, some of them were whipped, some of them were hanged, some of them were dro^vned, some of them were tor- tured, some had their mouths lacerated with gags, one of them had his ear cropped, and others, of both sexes, were subjected to indignities which were dis- graceful not merely to civilization but to humanity itself. The members of this Klan, under orders of their Chiefs, had ridden, defiantly and unmolested through the towns of Hillsborough, Chapel Hill, 142 Me^ioies of W. W. Holdex Pittsborougli and Graham, committing crimes, defy- ing the lawful authorities, and causing real alarm to all really good people. In fine, gen- tlemen, there was no remedy for these evils through the civil law^, and but for the use of the military arm, to which I was compelled to resort, the whole fabric of society in the State would have been undermined and destroyed, and a reign of lawlessness and anarchy w^ould have been established. The present State government would thus have failed in the great purpose for which it was created, to-wit : the protection of life and property under equal laws ; and, necessarily, the national government would have interfered, and, in all probability would have placed us again and for an indefinite period under military rule. ^' In June, 1869, about twelve months before I de- clared the Counties of Alamance and CasAvell in a state of insurrection, I caused eighteen men, murder- ers and robbers, to be arrested in Lenoir and Jones. They w^ere examined before Judge Thomas. Five of them turned State's evidence, and exposed the secrets of the Klan and the crimes of their confeder- ates. None of them have been convicted. Yet, the result of these arrests was, that peace and order were almost immediately re-established in those Counties. "In the early part of 1870 I employed, in Chatham, Capt. I^. A. Kamsey, and in Orange iCapt. Pride Jones, both belonging to the political party opposed to my administration, to aid in repressing the Ku Klux and in composing the troubles in those Coun- ties. Tlic}^ performed their duty in a manner which Memoirs of W. W. Holden 143 entitles them to the thanks of every friend of law and order. ^' In July, of the present year, I deemed it my duty to embody a portion of the militia, and to make a number of arrests of suspected persons in the Coun- ties of Alamance and Caswell. I exercised this power by virtue of the State Constitution, which de- clares that '^the Governor shall be Commander-in- Chief, and have power to call out the militia to exe- cute the law, suppress riots or insurrection, and to repel invasion." And also by virtue of an Act of the General Assembly, passed at the session of 1869-'70, which provides that the '^Governor is hereby author- ized and empowered, whenever in his judgment the civil authorities in any County are unable to protect its citizens in the enjoyment of life and property, to declare such County to be in a state of insurrection, and to call into active service the militia of the State to such an extent as may become necessary to suppress such insurrection; and in such case the Governor is further authorized to call upon the President for such assistance, if any, as in his judgment may be neces- sary to enforce the law." '^ This was my authority, gentlemen, for the course which I adopted in this grave emergency. It was my sworn duty, as Chief Magistrate of the State, to ''ex- ecute justice and maintain truth." I was satisfied that the civil authorities in the Counties referred to were not able to protect their citizens in the enjoy- ment of life and property ; and, after much forbear- ance, and many remonstrances, and when patience waa exhausted, I could adopt no other course which prom- 144 Memoiks of W. W. Holden ised to restore civil law and to re-establish peace and order in these iCounties. " Many of the persons thus arrested Avere examined before the Chief Justice and two of the Associate Jus- tices of the Supreme Court, in this citv, and forty- nine of them were bound over to appear and answer to the Superior Courts of Caswell and Alamance. It is supposed that not less than twenty or thirty of the worst characters in Caswell and Alamance and other Counties, have fled the State, to escape arrest and punishment for their numerous crimes. "" The correspondence between the Chief Justice and myself in relation to these matters, and all the material evidence elicited in the cases, are given in the Appendix to this document, to which I invite your attention. ^' I did not proceed to final action in this matter until I had consulted the President of the United States, which I did in person in July last. It will be seen, by his letter published in the Appendix, that he sustained me in my action. The federal troops in the State at that time were re-inforced by his order, and every precaution was taken to prevent resistance to the steps w^hich I deemed absolutely indispensable to the restoration of the civil law and the re-establish- ment of peace and order. '^ The report of the Adjutant General, which will be laid before you, will contain information as to the operations of the militia in Alamance and Caswell, and statements of the expenses of the same. Any information on this or other subjects which the Gen- Memoirs of W. W. Holden 145 eral Assembly may desire, will be promptly and cheerfully furnished. ^' The result of this action on the part of the Execu- tive, in pursuance of the Constitution and the laws, has been in the highest degree fortunate and benfi- cial. The power of the State government to protect, maintain, and perpetuate itself has been tested and demonstrated. The secret organization which dis- turbed the peace of society, which was sapping the foundations of the government, setting the law at defiance, and inflicting manifold wrongs on a large portion of our people, has been exposed and broken up. Well meaning, honest men, who had been decoyed into this organization, have availed themselves of this opportunity to escape from it, and will henceforth bear their testimony against it as wholly evil in its principles and its modes of operation. A score or more of wicked men have been driven from the State, while those of the same character who remain have been made to tremble before the avenging hand of power. The majesty of the law has been vindicated. The poor and the humble now sleep unmolested in their houses, and are no longer scourged or murdered on account of their political opinions. Peace and good order have been restored to all parts of the State, with the exeception of the (County of Robeson, in which some murderers and robbers are still at large, but it is expected they will speedily be arrested and brought to punishment. In view of this altered and gratifying condition of things I issued another proc- lamation on the 10th of this month, revoking former proclamations which placed Alamance and Caswell in 10 146 Memoirs of W. W. Holdex a state of insurrection. Allow me, gentlemen, to say to you in the language of this proclamation of the 10th instant, that I trust that peace and good order may continue; that partisan rancor and bitterness may abate ; that our people of all classes and condi- tions may cultivate harmony and good will among themselves; and that the whole people of the State, without resj^ect to party, may unite fraternally and cordially to build up North Carolina, and to elevate her to the proud eminence which she once occupied as a member of the American Union. *^ It will afford me pleasure, gentlemen, to co-oper- ate with you in such measures as may be considered best calculated to promote the prosperity and happi- ness of our people. ^^ I have the honor to be, with great respect, " Your obedient servant, W. W. HOLDEX." CHAPTEK V. IMPEACHMENT CHIEF JUSTICE PEARSON LETTER OF GOVERNOR BROGDEN ATTITUDE TOWARD THE REMOVAL OF DISABILITIES LAST LETTER TO THE PUBLIC. " The Trial of William W. Holden, Governor of Xorth Carolina, on Impeachment by the House of Eepresentatives, for High Crimes and Misdemean- ors. Published by order of the Senate." These vol- umes thus entitled contain three thousajid five hun- dred pages (3,500). I have waded through them all, a heavy task. The number printed is very small, only about three hundred. I would there had been three thousand (3,000). Let those who can, obtain a copy and read for themselves. The whole proceeding on the part of the State against the respondent was thoroughly partisan. The counsel for the State pressed the charges against me with as much partic- ularity and vehemency as they would have done had I been arraigned for murder. I have read all their speeches, all their remarks throughout the whole pro- ceedings, all their examination of the witnesses ; and I here and now declare with the utmost solemnity, that I am not guilty of the charges preferred against me, and ought to have been acquitted on all of the eight as I was on the first two. There is no person so well qualified to say I am not guilty as myself. I htiow I am not guilty. 148 Memoirs of W. W. Holden The impeacliment was moved and sustained in the House of Representatives by Mr. Frederick Strudwick, of Orange County, on December 9, 1870. It was reported on by the Judiciary Com- mittee of the House on the 14th of December, 1870, and approved by the House on the same date. On the 19th of December, Mr. Strudwick, in the chair of the House, the eight ( 8 ) articles of impeach- _ ment were read on motion of Mr. Welch, and \, were adopted. Messrs. Sparrow, Gregory, Dunham, ^ Scott, Welch, Broadfoot and Johnston, of Buncombe, were appointed managers, — all Democrats — mem- bers of the House of Representatives, to conduct the impeachment before the bar of the Senate, also Dem- ocratic by two-thirds, and they were authorized to associate with them other counsel learned in law. The trial was commenced on the 23rd of Decem- ber, 1870, by a Court of Impeachment, consisting of the Senate, and thirty-six (36) Senators were sworn as constituting an organized court of impeachment, as announced by the Chief Justice. Richard C. Bad- ger, Esq., one of my counsel, appeared before the court and announced niy purpose to appear by coun- sel. The Chief Justice, who was presiding, then an- nounced that the whole matter would stand for trial on the 23rd day of January, 1871. Thirteen (13) Senators in addition were added on that day of Jan- uary, 1871, making the whole number of the Court forty-nine (49). On the first (1) day of February, 1871, the Hon- orable L. C. Edwards presented himself and asked to be sworn as Senator, and as a member of the Memoirs of W. W. Holden 149 Court from the County of Granville. My counsel protested against Mr. Edwards being added to the Court. There was no vote taken by the Court, but the Chief Justice, as Presiding Officer, allowed him to be sworn and take his seat, thus making a court of fifty (50), when really and truly the Court as organ- ized consisted of only forty-nine members. If the respondent was as clearly guilty of the charges preferred against him as the counsel for the State assumed he was, why were three of the ablest lawyers of the State associated with them, to wit : Ex- Governors Graham and Bragg, and Hon. A. S. Mer- riman, at one thousand each as fees? This obliged me in my defense, out of my own pocket, to employ Hon. W. ]Sr. H. Smith, Hon. ^Nathaniel Boyden, Hon. Edward Conigland, J. M. McCorckle, and Kichard C. Badger, Esq., and to pay Mr. Smith and Mr. Conigland $1,000.00 each, and Mr. McCorckle $500.00. Seven managers on part of the House, aided by an able young lawyer. Sparrow, and three eminent men, two of them Ex-Governors of the State and both of them very hostile to me, and all Demo- crats, and I not on speaking terms with either of them, because I offended them politically! Messrs. Sparrow, Welch, Graham, Bragg, Smith, Conigland, Boyden, McCorckle, Badger, and Pear- son, who presided at the trial are all dead, and Judge Merriman only survives of the counsel em- ployed. W. P. Welch, a young lawyer from Hay^vood County, was selected to open the preliminary pro- ceedings against me in the Senate, on the 15th day 150 Memoirs of W. W. Holden of December, 1870. I find his remarks in the first volume of the impeachment trial. Whether he is liv- ing or dead I know not. I hope he is still living. He seemed profoundly impressed with the awful respon- sibilities of the situation. He said he had found a cause and found a criminal whose crimes were so great that such iniquity had never been laid to the charge of anyone. He said among other things, "We impeach him in the name of human nature itself, w^hich he has cruelly outraged, injured and op- pressed; and in conclusion the House of Represen- tatives through us most heartily prays that God, the God of Eternal Justice, will protect the right.''' The Senate was resolved into a court, and the Chief Justice presided as required by the State Con- stitution. He had been invited to do so. He ac- quitted himself in this position ^vith honesty and ability. He was only required in this position not to express any opinion as to the guilt or innocence of the accused, but only to conduct the proceedings of the court in accordance with the well-known and 1 On the night of the 7th of October, 1836, I left Hillsborough, a lad not quite 18 years of age, on the stage coach from Greens- borough with several young men, students of Caldwell Institute. Among them was (sic) Thomas Sparrow and William J. Clarke. I was destined to Governor of the State and Sparrow to be man- ager for my impeachment, and Clarke to command my troops. In 1874 I was Postmaster in Raleigh. Mr. Sparrow called to see me. We had a long and pleasant conversation. Col. Clarke had meanwhile reminded him of what occurred 34 years before. He told me that he had been moved when a young man to preach the gospel, but had declined to do so. He said he had therefore all his life had what men call bad luck. He graduated at Princeton, read law with Judge Gaston, and entered on the practice well equipped and with bright hopes. He had not succeeded as he had expected he would. He knew that his party would impeach me, and without any personal dislike to me, he desired as a lawyer to have the reputation of appearing against me. He died a year or two ago. His son, a promising young law- yer at Beaufort, has recently left the profession of law and entered the ministry. Memoirs of W. W. Holden 151 well settled principles of Parliamentary law. I had no intercourse with him after the trial commenced. I was disposed to protect him in his then situation by abstaining from seeing him at all. But I had the best reasons for believing afterwards that he regarded me as innocent, and that the writ of habeas corpus did not run in the counties of Alamance and Caswell. Mr. Boyden told me in my house in Washington City, in 1871, that Chief Justice Pearson had told him that I had the right, as Governor, to put those two counties in a state of insurrection, and therefore the writ did not run in those counties. ''And," said Mr. \ Boyden, '' he gave me points during your trial on which to defend you." On my return from Washing- ton City I told Mr. Badger what Mr. Boyden had said. Mr. Badger said, " Why, he has told me the same thing. He has said to me I ought to have held your four points. I held but three. If I had held your fourth point the writ would not have run in those three counties."^ Mr. feathery, my former Private Secretary, was interrogated at length, and with much particularity, as to what occurred be- tween Judge Pearson and himself at the time he was sent by me to see the Judge. He was sent by me because the time had arrived for a hearing in the habeas corpus cases. I had not refused habeas cor- \ pus, but had simply postponed it — as I had a right to do. I said in my letter to Judge Pearson, dated August 15, ''I assure your Honor, that as soon as the safety of the State should justify it, I would 1 The four points of Mr. Badger, I think, were made in his argu- ment in the Habeas Corpus proceedings, case of A. G. Moore, July 16, 1870. But his speech has not been preserved. [Ed.] 152 Memoirs of W. TT. Holdex cheerfully restore the civil power, and cause the said parties to be brought before you, together with the cause of their capture and detention." Judge Pear- son prepared some ten or twelve years ago a reply to certain charges which had been preferred against him, to be laid before the General Assembly of Xorth Carolina. It was never laid before that body, but was published in the Keivs and Observer, The copy of the defense was first deposited with Major Bag- ley, the Clerk of the Supreme Court. Judge Bagley, who w^as my friend, very kindly showed me the doc- ument, and allowed me to make a copy of it. He (Pearson) was charged with being a ^^tool of the Governor" and in complicity with him in defeating the ends of justice.^ I quote as follows from this document : " Writs were issued by me in July, to which the same reply was made. I left Raleigh under the impression, but without any communication with the Governor, that he would at a future day make return of the bodies, and the associate justices were requested by me to attend when notified of the time and aid in the ex- amination of the question of probable causes. Ac- cordingly, on an official notice that the Governor was ready to return the bodies, I came to Raleigh, as did Justices Dick and Settle, and the return was made." This showed beyond question, that I had not refused, but had only postponed habeas corpus. I have not the space to publish all the correspon- dence between Judge Pearson and myself, but I give * I have searched in vain to find a copy of Judge Pearson's Defense. It was not publislied in the Veir.s and Observer as Gov. Ilolden thinks. Some who claim to have seen it say it was pub- lished In the newspapers ; others that it appeared in pamphlet form, t Ed. ] Memoirs of W. W. Holden 153 below my letter dated Raleigli, July 26, and another letter to Judge Pearson, dated Raleigh, August 15, and another letter from Judge Pearson to me, dated August 18, 1870. ^' Executive Department, '' Raleigh, July 26, 1870. To the Hon. R. M. Pearson^ Chief Justice of the Supreme Court of N, C. : " Sir : — I have had the honr to receive, by the hands of the Marshal of the Supreme Court, a copy of your opinion in the matter of A. G. Moore ; and the Marshal has informed me of the writ in his hands for the body of said Moore^ now in the custody of my subordinate officer. Col. George W. Kirk. ''I have declared the counties of Alamance and Cas- well in a state of insurrection, and have taken mili- tary 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 nec- essary to suppress the insurrection," including the power to " arrest all suspected persons " in the above- mentioned Counties. ''Your Honor has thought proper also to declare that the citizens 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 w^it for the production of the body of Moore to any of the men of the said Counties ; that '' the posse comitatus 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 154 Memoirs of W. W. Holdex 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 entirely on account of their political opinions ; that eight murders 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 be- long to the Kuklux Klan, whose members have per- petrated the atrocities referred to; and that the County governments have not merely omitted to fer- ret out and bring to justice those of this Klan who have thus violated the law, but that they have actu- ally shielded them from arrest and punishment. 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: in- deed, 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 Coun- ties 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 crim- inals to justice. For be it known to your Honor that there is a widespread and formidable secret organiza- tion in this State, partly political and partly social in its objects; that this organization is kno^\^l, first, as "The Constitutional Union Guard," — secondly, as "The White Brotherhood," — thirdly, as "The In- visible Empire:" — that the members of this organiza- Memoirs of W. W. Holden 155 tion 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 j)eople of the State; that the members of this Klan are irreconcilably hostile to the great principle of political and civil equality, on which the government of this State has been re- constructed; that these Klans meet in secret, in dis- guise, with arms, in uniform of a certain kind in- tended 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 intimidations to scourg- ings, mutilations and murder, and that certain per- sons of the Klan are deputed to execute these judg- ments; that when the members of this Klan are ar- rested for violations of the 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 con- stituted and having 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 Cas- well. " Under these circumstances I would have been 156 Memoirs of W. W. Holdex recreant to my duty and faithless to my oath, if 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 procla- mations and by letters, invoked public opinion to re- press 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 re- ferred 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 maintained. ''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 military are alike Con- stitutional powers — ^the civil to protect life and prop- 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 power. Your Honor 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 sup- planted 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 de- clares I have the power to do ; and I do not see how Memoies of W. W. Holden 157 I can surrender the insurgents to the civil authority until that authority is restored. It would be a mock- ery in me to declare that the civil authority was un- able 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 imper- ative 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 author- ity may soon be restored to every County and neigh- borhood in the State. " I have the honor to be, with great respect. Your obedient servant, W. W. Holden, Governor/* ^^ State of x^orth Carolina^ Executive Depart- ment^ Raleigh^ Aug. 15th, 1870. ''To the Hon. E. 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 7 158 Memoirs of W. W. Holdex parties to be brought before you, together 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 re- turn 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. HoLDEjj^^ Governor/^ " Raleigh, August 18, 1870. "To His Excellency GovER^'OR Holdex: "Dear Sir: Your communication of the 15th inst. w^as handed to me by Mr. ]^eathery. "I will be in the Supreme Court room at 10 o'clock A. M., 19th inst., to receive the return by Col. Kirk, of the bodies of A. G. Moore and others, (in whose behalf Writs of Habeas Corpus have heretofore been issued by me,) together Avith the cause of their arrest and detention. '' Receiving the return after the delay to which you allude of several weeks, is not to be taken as con- curring, on my part, in the necessity for the delay, or as assuming any portion of the responsibility in regard to it. The entire responsibility rests on you. Memoirs of W. W. Holden 159 I was unwilling to plunge the State into a civil war, upon a mere question of time. With great respect, Your obedient servant, R M. Pearson, /. S. C/' One morning, during the spring of 1870, Chief Justice Pearson called to see me at my house. We conversed a good while. Among other things, he said, ^^ The Senate of this State had been chosen for four years." He said it was chosen for four years and he could prove it beyond question. He said he hoped I would confer with him, and that I would aid him in a case to be made up by the Supreme Court. I was surprised at the suggestion. The proposition was to me a new one. I had not thought of it. But I said to him: ^^ Judge, the people in voting for the Constitution no doubt believed they were voting for two years for the Senate, and not four years. And besides it is written the different departments of gov- ernment shall be kept always separate and distinct. According to this rule I could not beforehand confer with the court." He seemed to be, as he no doubt was, profoundly in earnest. The Senate at that time was by two-thirds Republican. It was the first Sen- ate under the new Constitution. I did not think of the matter any more until I was impeached.^ ^ This account of Judge Pearson's opinion of the term of the Legislature of 1869-70 is of interest. In December, 1869, the Legislature adopted a resolution asking the opinion of the Supreme Court of North Carolina regarding the term for which it was elected. The reply of the court was made in January, 1870. Judge Pearson held that the term was two years, and Judge Dick con- curred. The other Judges (Reade, Rodman, and Settle) refused to give an opinion, holding that the question was of a political nature. (Leg. Doc. 1869-70.) From these facts the conversation between Judge Pearson and Governor Holden must have taken place in the spring of 1869, not 1870. [Ed.] 160 Memoirs of W. W. Holder Again, the Honorable Xathaniel Boyden, one of my counsel, told me in Washington City, after my conviction, that Chief Justice Pearson, who presided over the court, did not believe me guilty, and gave him points to use in my defense. He said the Chief Justice said to him I had the right to refuse the writ in Alamance and Caswell; in other words, the writ did not run in those Counties. On my return from Washington City I repeated this to Mr. R. C. Bad- ger, also one of my counsel. He said the Chief Jus- tice had so told him. Mr. Boyden was very anxious for my acquittal. He evinced deep feeling in the matter. He said to me one day : ^' Governor, I am authorized to say, and I do say to you, that if you would use your influence in the Legislature to call a convention, the impeach- ment proceeding will be stopped." I said : '' Mr. Boyden, I am the first Governor under the new Con- stitution. I cannot support a convention to amend the Constitution at this time. The Constitution has hardly yet been tried. I am committed against the convention. I could not do evil that good might come." He seemed perplexed and troubled and said : " Why not ? are you afraid to trust the people ? I am disposed to think well of the Constitution gener- ally, but it ought to be amended, and you are too careful and squeamish for your own good." I went over that day to the lobby of the House of Represen- tatives and met Dr. Thomas W. Young, my brother- in-law, and a member of the House of Representa- tives, who said : '' Governor, we want to call a con- vention and lack but eight or ten votes of doing so. Memoirs of W. W. Holden 161 What do you say ?" I answered, '' Dr. I cannot agree to the arrangement to call a convention on my account/' This showed that the matter had been talked about. To what extent, I know not. He added, ^' We can do it in both Houses, if you will agree to it.'' I said, " 'No, I cannot do it." Chief Justice Pearson's defense of himself, heretofore referred to, and not sent to the House, but only published in the News and Observer ^ dwelt at length on the gross injustice done to him by my enemies in charging him that he was my tool. The fact that he was thus assailed and maligned afforded the best proof that he was my friend. If I had con- curred with him, and made up the case for the Su- preme Court, I could not have been impeached, for the reason either that the case would have been pend- ing, or it would have been decided in my favor, for the Senate, as heretofore stated, was by two-thirds a Republican body, and if I had consented to Mr. Boyden's proposition, the proceedings of the impeach- ment court would have ceased. It was rumored during my impeachment that ar- ticles of impeachment had been prepared against (Chief Justice Pearson for acting as my tool in regard to habeas corpus. Whether this is so or not, I know not. If so, the intention was to have a victim, either myself or Pearson. In my own case it was calcu- lated and believed that if I could be impeached and 1 On Feb. 8th, 1871, a bill authorizing a convention was passed. But Tod R. Caldwell, Lieutenant Governor and acting executive during the impeachment, refused to order the election, holding that the convention bill was unconstitutional. In this view he was supported by an opinion of Judge Pearson. This makes Gov- ernor Holden's account of an offer to compromise the impeachment for his support of the convention all the more Interesting. [Ed.] 11 162 Memoirs of W. W. Holden silenced the Republican Party in jSTorth Carolina would gradually and surely cease to exist. I know nothing about the motives of others, and I impeach no one as to their purposes ; I simply state the naked facts, and leave the public to draw tlieir own infer- ence. I was certainly impeached by party man- agers and party counsel, by a party House of Rep- resentatives, and by a party Senate. And to show their fear of me as a party man I was declared unfit to hold office in my native State. This was the '^most unkindest cut of all." I submitted to it all quietly. Suppose, for example, Chief Justice Pear- son had said to the Senate : '^ Gentlemen, on calmly reviewing this entire case, I am obliged to say, as I have said already to Messrs. Boyden and Badger, the writ of habeas corpus does not run in the counties of Alamance and Caswell. By the authority given by the law, to-wit, by the Shoffner Act, the Governor had the right that whenever in his judgment it should be done, and he had done it already in both counties, all civil law is suspended, and the writ cannot be enforced. Therefore the Governor is innocent, and should be discharged." What would have occurred ? He did not dare do that. If he had done so the Senate would in all probability have declared his seat as Chief Justice vacant, and would have filled the vacancy and proceeded with a new Chief Justice. In this they would probably have failed to command a two-thirds vote, and the Governor would therefore have been acquitted. I was solicited anxiously by many friends to run again for Governor. IsTo doubt Caldwell, who succeeded me, would have given place Memoirs of W. W. Holden 163 to me and so would have Settle, who ran against Vance. ^-^ The seven managers of the impeachment appointed by the House, to-wit: Messrs. Sparrow, Gregory, Dunham, Welch, Johnson, of Buncombe, Scott and Broadfoot, and Ex-Governor Bragg, Ev-Governor Graham, and Judge A. S. Merrimon, as counsel, rep- resented the State, and Messrs. W. ]^. H. Smith, ISTa- thaniel Boyden, J. M. McCorckle, Edward Conig- land, and R. C Badger represented the respondent, Holden. The articles of impeachment, or the bill of indictment, consisted of eight articles. The respond- ent was acquitted by a two-thirds vote on the first and second articles. These two articles both contain the following words : " That by the Constitution of the State of E'orth Carolina, the Governor of said State has power to call out the militia thereof to execute the laws, suppress riots or insurrections, and to repel invasion, whenever the execution of the law shall be resisted, or there shall exist any riot, insurrection or invasion ; but not otherwise. That William W. Hol- den, Governor of said State, unmindful of the high duties of his ofiSce, the obligation of his solemn oath of office, and the Constitution and laws of said State, and intending to stir up civil war, and pervert per- sonal and public liberty and the Constitution and laws of said State, and of the United States, and con- tinuing and intending to humiliate and degrade the said State, and the people thereof, and to provoke the people to wrath, and violence, did, under color of his said office, on the seventh (7) day of March in the year of our Lord one thousand eight hundred and 164 Me:moirs of W. W. Holden seventy, in said State, of his own false, corrupt, and wicked mind and purpose, proclaim and declare that the county of Alamance in said State was in insur- rection, and did, after the days and time last afore- said, send bodies of armed, desperate and lawdess men, organized and set on foot without authority of law," etc. The vote on this first article was thirty (30) to convict, to acquit nineteen (19). Leaving out Mr. Edwards and Mr. James A. Graham of Alamance who occupied the seat formerly occupied by Mr. Shoff ner — who had fled the State from fear for his life — and the vote would have been twenty-eight (28) instead of thirty (30) for conviction. On the second (2nd) article the vote was thirty-two (32) for conviction and seventeen (17) for acquital; omitting Graham and Edwards, the vote for convic- tion would have been thirty (30). Counting both names for acquital, as in justice and right should have been done, in the first case it w^ould have been twenty-one (21) ; in the second, nineteen (19). The third article charging me with having incited and procured one John Hunnicutt to arrest Josiah Tur- ner, Jr., had no foundation in fact, as I never gave Hunnicutt any such orders. This passed by four (4) majority over the required two-thirds. The fourth (4) article passed by thirty-three (33) to sixteen (16). It barely passed the two-thirds ma- jority. The fifth article passed by forty (40) to nine (9). The sixth article passed by forty-one (41) to eight (8). The eighth article by thirty-six (36) to thirteen (13). On motion of Mr. Senator Gra- Memoirs of W. W. Holden 165 ham, of Orange, the judgment of the court was then prayed on the respondent in the third, fourth, fifth, sixth, seventh and eighth articles, and he was re- moved from the office of Governor, and disqualified to hold any office of trust or honor under the State of North (Carolina. Mr. Moore of Craven, said: -^ Before the vote is taken, with the permission of the court, I would like to make a statement in regard to the vote I am about to cast. I would not object to the order offered by the Senator from Orange, Mr. Gra- ham, if it merely pronounced a judgment removing the respondent from his office. I think that under the evidence which has been elicited in the case the penalty providing for disqualification of the respond- ent to ever hold office in this State is severe. Be- cause that feature is included in the judgment I shall be compelled to vote against the order." Mr. Senator Cowles also said : '^ Mr. Chief Justice, I desire before the iCourt shall finally adjourn, to say that I regret that the court did not take a day to mature and con- sider its judgment. I am by no means satisfied with the propriety of the disqualifying clause contained in the order of judgment adopted. I simply desire to make this statement and ask that it appear in the published proceedings." The vote was then taken on Mr. Senator Graham's motion and resulted, yeas thirty-six 36, nays 13. The Senate as a court of impeachment then adjourned, sine die, I attended every day, very promptly, the im- peachment trial up to the eighteenth day. On that day Josiah Turner, Jr., was a witness. I quote from the nine hundred and sixth (906) page of the " Im- 166 Memoirs of W. W. Holden peachmeiit Trial of Governor W. W. Holden." Q. What are jour personal feelings towards the ac- cused? Are they friendly? A. I suppose as good as they ever were. Q. That is not exactly answering my question — What are they now? A. They are just what they ought to be between a good and a bad man. The Respondent. Mr. Chief Justice, I will not submit to this language. I am not going to be in- sulted here. Senator Edwards^ Mr. Chief Justice, I rise to a question of order. The Respondent can only be heard through his counsel. The Chief Justice, Are you on good or bad terms with him? A. There are no terms between us. I have never passed a dozen words with him in my life. I never had any social relations with him. I never passed a dozen words with him in my life — hardly a good morning. Of course I retired. Mr. Turner said in his evi- dence that he had never passed a dozen words with me in his life. Mr. Turner, when in Raleigh during his canvassing for the Confederate Congress, talked with me for some time and he and I adjourned to Mr. Lougee's restaurant on Fayetteville Street, and took a drink together of Lougee's whiskey. My paper. The Standard, was for him for Congress, and really elected him over Mr. Arrington. Mr. Turner was forgetful, as I am myself. In a few days I left for Washington City. In the course of a day or two I called in to see President Memoirs of W. W. Holden 167 Grant. He asked me if I knew that a number of my triers, members of the Senate, were Ku Klux. I told him I supposed thej were, but that was a matter for his Attorney-General and my two Senators. I had heard soon after my impeachment from a Demo- crat of character that the Dens had decreed my im- peachment. In regard to my power as Commander- in-chief of the Militia of the State, I relied for power to pursue the course I did on the act known as the Shoffner Act, which passed in January, 1870. This act provided in express terms that the Governor "when in his judgment it was proper to do so, could proclaim counties in insurrection, thereby suspend- ing the operation of the civil law.'' I had never heard the constitutionality of this act questioned. Leading men in the Democratic party who had de- termined in advance on my impeachment had quietly and sedulously produced the impression that this act was unconstitutional. I have before me a letter dated, Goldsboro, August 31, 1883, from William A. Allen, a Senator from Duplin and Wayne at the session when I was impeached, and who voted against me. In this letter he says : " I also want to say to you that I have had, and while you were on trial in your impeachment, I said to Governor Bragg that I had some difficulty about as a lawyer in the question of your guilt, and asked him to discuss it, which he did not, and that was, as to whether you could justify under the Shoffner act, an unconstitutional act of the Legislature. It was the difficulty of the case with me. I have wanted to say this to you sev- eral times but a favorable opportunity has never 168 Memoirs of W. W. Holder presented itself. Governor Bragg declined to express himself to me on the subject, and sedulously avoided it in his discussion." Mr. Allen was a special personal friend of mine, and an honest man. It will be seen that he speaks of the Shoffner act as unconstitutional. Who told him so ? Had the Supreme Court said so ? Ko. Had the Chief Justice said so ? No. Mr. Allen him- self was a good lawyer, but not of the order of law- yers of which I have just spoken, who seriously in- culcated an opinion which they failed to boldly and frankly assert. Shoffner, poor man, was driven from the State. His life was threatened and his name blotted out as far as the impeachers could do it, and the impression prevails generally among my enemies that the Shoffner act was unconstitutional. ISTo good lawyer of any party will say so now. Mr. Shoffner left this State in September, 1870, and I have before me a letter from him dated Pittsboro, Indiana, Oc- tober 12, 1870. I did not reply to the letter, and have not heard from him since. Whether he is liv- ing or dead I do not know. But one thing I do know, and that is, the State of North (Carolina, which allowed him without cause to be driven from the State ought to reimburse him for his losses incurred in being broken up and driven out. His only offense was that he was the author of the act which passed the Senate and the House authorizing the Governor to declare counties in insurrection, to put do\vn the Ku-Klux, and against lynch or mob law. ^^His offence hath this extent, no more." Whether living or dead, wherever he is, he is a true man and a Memoies of W. W. Holden 169 worthy citizen. He represented Guilford and Ala- mance in the Senate. Ex-Governor Curtis H. Brogden is now like my- self, an old man. I saw him first in 1838, a member of the House of Commons from the County of Wajne. He is a man of unquestioned integrity and veracity. He has been in public life nearly all his life, and as they used to say in olden times, speaking of men, "his word is always as good as his bond." It is a pleasure to have such a man for a friend. He sat in the Senate patiently throughout the whole trial. I have lately written him for the facts in the trial and for his impressions. It is now twenty (20) years since it took place and I would like to be sustained in my recollections *At my Country Home^ neae Goldsboeo^ ^. C, Feb. 12, 1890. **Gov. W. W. Hoeden: *