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The John Lawson Monographs
OF THE
Trinity College Historical Society
DURHAM, NORTH CAROLINA
VOL. 11
MEMOIRS OF
W. W. HOLDEN
DURHAM, N. C.
THE SEEMAN PRINTERY
1911
Page iii
CONTENTS
- Introduction . . . . . v
- CHAPTER I.
THE DEMOCRATIC PARTY IN NORTH
CAROLINA TO 1861
David S. Reid and Free Suffrage - Contest with
Governor Bragg - The Charleston Convention of 1860 -
The Election of February, 1861 - The Secession
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 Confederate
Senate in 1864 . . . . . 18
- CHAPTER III.
PROVISIONAL GOVERNMENT AND
RECONSTRUCTION INCIDENTS
Scenes at Washington, May, 1865 - Provisional
Governor - 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
Page v
Introduction
The Memoirs of W. W. Holden, which form the
present volume of the John Lawson Monographs,
were written between November, 1889, and March,
1890. Governor Holden was then seventy-one years
of age; in 1882 he had suffered an attack of paralysis;
and his health was so feeble that he was compelled
to dictate the Memoirs, his amanuensis being
his daughter, Mrs. C. A. Sherwood, of Raleigh. The
morning after the manuscript was finished he was
again stricken with paralysis, which completely shattered
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. Neathery, 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
Page vi
are some mistakes in detail and facts of much
significance are omitted. Doubtless it was in full
realization 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, positive
features of the Memoirs. One of
these is a remarkable
absence of any vindictive feeling. The 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 influences which shaped the issue of the bonds
of 1869, but refrained from publishing it on account of
friendship 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 burden
to others. A striking example of this is the view of the
military movement of 1870, known as the
Page vii
"Kirk-Holden War." Not a word is given in the
Memoirs of the pressure brought to bear on the
Governor by leading members of his party to take
military measures. Yet, when measures which did not
involve his own responsibility or the integrity of others
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 realignment of
parties in North Carolina after secession was
accomplished.
Finally, the Memoirs reflect many of the convictions
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
North Carolina.
In full cognizance of these limitations, the Memoirs
are given to the public as an interesting and valuable
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
Page viii
additions to the original manuscript of Governor
Holden, editorial judgment is alone responsible. Some
details of Governor Holden's career not included 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.
Page 1
Memoirs of W.W. Holden
CHAPTER I.
THE DEMOCRATIC PARTY IN NORTH
CAROLINA TO 1861
DAVID S. REID AND FREE SUFFRAGE - CONTEST WITH
GOVERNOR BRAGG - THE CHARLESTON CONVENTION
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 North Carolina Standard, a well
known Democratic journal. The Democratic party of
the State was at that time in the minority and was
depressed. The Whig party had controlled the State
from 1836, the end of Governor Spaight's
administration, until 1850, the end of Gov. Manly's
administration.
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
Page 2
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. Reid, Dem . . . . . 48,567
- John Kerr, Whig . . . . . 43,003
- Reid's majority . . . . . 5,564
Governor Reid was
therefore defeated in 1848, and
elected in 1850 and 1852. This made the State Democratic.
In 1854 Thomas Bragg defeated Alfred
Dockery by 2,085; in 1856 he defeated John A. Gilmer
by 12,628; and in 1858 John W. Ellis defeated
D. K. McRae (a Democrat but generally voted for by
the Whigs) by 16,383.
Page 3
I have given these figures to show that the State
was Whig under the new Constitution as amended in
1835, up to Reid's election in 1850. In 1836 Edward
B. Dudley, Whig, defeated Richard 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 was held in 1848 after the
nomination 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. Shepard
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 acceptance.
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
Page 4
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
appeared at Raleigh, accepted the nomination (stopping
at Guion's Hotel) and made ready for the campaign.
Therefore, but for what I did, Colonel Reid
would 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 his
friends at the Guion Hotel, and full and free conversations
were held in regard to the campaign. Mr.
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 platform on which Colonel Reid was nominated
Page 5
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 people.
I want your opinion. I will consult our friend
Dr. S. A. Andrews at Goldsborough, and friend Samuel
R. Street at Newberne, and friends at Beaufort,
and then decide finally what I will do."
1
The friends present were Dr. Josiah Watson,
James B. Shepard, Perrin Busbee, Jerry Nixon,
W. T. Rogers, Mark Williams, and myself. Dr. Watson
and Messrs. Shepard and Busbee were inclined
to decide against it, and Messrs. Nixon, Rogers, Williams
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. Manly.
In his reply he took ground for Free Suffrage, and
Mr. Manly asked to be allowed till next day at Newberne
to state his position on that subject. At Newberne
he took ground against it, and this sealed the
1. By the Constitution of North Carolina, adopted in
1776, fifty
acres in freehold was required of all who voted for State
Senators. [Ed.]
Page 6
fate of the Whig party in North Carolina, and I so
announced in my next paper.
Mr. Manly was elected in August 1848, by 854
votes. In 1849 I wrote to Colonel Reid requesting
him to be a candidate again for Governor in 1850.
He replied, stating that he was willing to do so, provided
he should not be required to approve the proposed
Convention at Nashville, 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 character
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 state
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 required
to build the present iron fence around it, Colonel
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 appropriations
for railroads and other improvements. In 1848
the Democratic party in the State incurred great
danger from divisions on this subject. Colonel Reid,
Page 7
Colonel Biggs, and many other leading and influential
members of the party were indifferent or opposed to
internal improvements, while Calvin Graves, and
General R. M. Saunders, and Mr. J. C. Dobbin, and
Mr. William B. 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
1850, 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
the second time for Governor, and his opponent
was, as before, Governor Charles Manly. His majority
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 Caswell
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,
Page 8
to do justice to Governor Reid, by bearing my testimony
to his ability and fitness for the post of Senator,
and by expressing my regret that I was 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 Senate,
gave me the caucus vote at the time, which I preserved,
as follows: - Bragg 40, Holden, 36, Reid 18.
On the second ballot Reid's supporters all went to
Bragg, and his vote was 58, Holden 36.
Thomas Bragg, Jr., Esq., of Northampton County,
was Governor Reid'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 Mr. Courts and myself that when Mr. Bragg
came to Raleigh at the winter term of the Supreme
Court 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, provided
he was nominated without serious opposition.
At the proper time I called a Democratic meeting in
Wake 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
first opponent was General Alfred Dockery, of Richmond
Page 9
County. Bragg's majority over Dockery was
2,085. In 1856 Bragg defeated John A. Gilmer, of
Guilford County, by 12,628. I worked very hard for
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 Captain
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 Convention held
in Charlotte, Judge John W. Ellis of Rowan County,
was nominated for Governor.
1 His opponent was
Colonel Duncan K. McRae of Newberne, 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
1. Governor Holden is singularly silent concerning his own
candidacy in this convention and his defeat for the nomination by Mr.
Ellis. For a thorough discussion, see "The Democratic Convention of
1858," in Charlotte Observer, May 3, 1908. [Ed.]
Page 10
an ordinance of the State Convention in 1862,
which I shall speak after referring to the then
condition of the country.
In the winter of 1859-60 a State Convention of the
Democratic party was held in Raleigh and
delegates were appointed to a National Convention to
be held in Charleston, S. C., to nominate candidates
for President and Vice-President.
The delegates appointed to represent the "state at
large" were Bedford Brown, William S. Ashe,
Waightstill W. Avery, and W. W. Holden. I travelled to
Charleston with 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 was 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 candidate
for the Presidency.
But I was not a Secessionist nor a Revolutionist. I was
strongly attached to the union of the states, and felt
myself to be a national man. But for what I saw and
heard I might have gone with my party and been a
Secessionist.
When I reached Charleston I was taken aside by a
friend in whom I had full confidence, who said:
"Holden, I know you want to do right; I have been
Page 11
here for a day, and I have information of a purpose on
the part of some of our Southern friends to dissolve
the Union." I was greatly surprised and concerned.
He said to me, "I give you to-night to listen and learn,
and in the morning tell me what you think and what
your purpose is."
The night of the day on which we all reached
Charleston, we held a meeting in our delegation room,
and Mr. Senator Bayard of Delaware presided. A
motion was made to appoint a committee from our
delegation to visit the Southern delegations, and confer
with them, mainly because some of them were natives
of North Carolina. This motion was opposed by
Bedford Brown, R. P. Dick, and myself and voted
down. We maintained that it would be a sectional act,
and under the circumstances would be improper.
And there I saw the cropping out of the purpose of
which my friend had just warned me. Colonel Bedford
Brown had just said to me, "Mr. Holden, our
delegation has very properly decided not to send
officially any one to visit the Southern delegates, but
we can go as individuals to a great meeting to be held
to-night, near this place, on Charleston street. I
propose to go, will you go?" William A. Moore of
Edenton was standing by, and said he would go too.
The meeting was held upstairs in a very large room
which was filled. I heard several speeches and they
were all for dis-union, save the short speech made by
Colonel Bedford Brown. Mr. William L. Yancey of
Alabama spoke first, for a considerable time. He was
followed by Mr. Glenn, Attorney General of
Page 12
Mississippi. Colonel Brown then took the floor, being
called out by Mr. Glenn, who was his kinsman. He
made a conservative, union speech, and was interrupted,
and scraped, and coughed down. An Arkansas militia
general, whose name I have forgotten, and
who was unknown in the conflict between the North
and South, replied to Colonel Brown and ridiculed
his views, amid general and vehement applause. Colonel
Brown then turned to me and said, "Mr.
Holden, let us shake off the dust, from our feet, of
this dis-union conventicle, and retire."
We returned to the Charleston Hotel, and very
soon a large crowd, with a band of music, appeared at
the front of the hotel. Speaking was going on at the
various points, and presently some bold fellow in front
of the hotel shouted, "Three cheers for the star-spangled
banner," and fled for his life. The reply from
the crowd was, "Damn the star-spangled banner;
tear it down!"
On my return from Charleston I published all
these facts in my paper, and warned my readers of
the great, impending danger. The next morning I
told my friend who had warned me of the danger
of dis-union and of bolting the body, that
my mind was made up, and that I would stand by
the American Union at all hazards, and to the last
extremity. A few days afterwards, while the vote
was going on, and while South Carolina and Georgia
and Mississippi and Florida and Arkansas and other
states south of us were bolting, another friend of
mine, Mr. R. C. Pearson of Burke, approached me
from the rear and said to me most earnestly, "You
Page 13
must make a speech and hold our delegation against
going out." He had come for me through the Virginia
delegation who sat in the rear, "for," said he,
"from what I have heard, if our delegates go out,
Virginia will go out also, and the convention will be
broken up."
I said, "Mr. Pearson, I am not in the habit of
speaking very often - there are 600 delegates here
and a vast audience - besides, it would be a piece
of assurance on my part to attempt to address this
body at this time, especially amid this excitement,
with Mr. Cushing, the President of the body, hostile
to Mr. Douglas and his friends. I can't get a hearing."
"Yes, you can," said he, "I will go around
and speak to the Indiana, the Illinois, and the Ohio
delegations, and ask them when you arise to speak, to
insist on North Carolina being heard." I then told
him I would try as soon as Mr. Seward of Georgia
took his seat. I arose and said: "Mr. President, Mr.
Holden of North Carolina." Mr. Cushing sat for
twenty seconds and did not recognize me. Then the
States mentioned arose and demanded in a voice of
thunder that North Carolina be heard. Mr. Cushing
arose and bowed and gave me the floor. I spoke for
ten minutes. I told the convention that I had been
sent there by the State of North Carolina, one of
the four delegates at large; that I could not be a
party to any steps looking to dis-union; that my
party had sent me to maintain and preserve, and not
destroy, the bonds of the union; that by an immense
majority the people of my state with George Washington
the Father of the Country, "would frown indignantly
Page 14
on the first dawning of every attempt to
alienate any portion of our Country from the rest,
or to enfeeble the sacred ties which link together the
various parts."
On my return from Charleston I attended a meeting
of the delegates of Wake County in the Court
House, about 225, to nominate candidates for the
Legislature. I made a speech on their call, protesting
in most earnest terms against secession and dis-union,
and resolutions were adopted by the meeting
embracing and sustaining all my views on this absorbing
question. Only one man of that large body
voted for dis-union.
The Honorable George E. Badger, who had been
identified as a member of the Whig party with the
cause of the Union, and who had served the "National
Government" both as Senator in Congress and as
Secretary of the Navy, with Quentin Busbee and myself,
were candidates in Wake County as Union Democrats
for a convention which was to be called, if the
people at the polls voted for it. The election of the
delegates to the state convention, and for and
against the convention was set for the 22nd day of
February, 1861. Party lines were totally swept away,
and the people voted against the convention, and the
delegates-elect just named of course never met. But
in May an act was passed by the Legislature for an
election of delegates to assemble in Raleigh on the
20th of May. Of course this convention assembled,
for the first convention which was rejected, was never
held. The vote of Wake was as follows: - for Badger,
1952, Holden 1937, Busbee 1936. The vote of
Page 15
Raleigh was: - Badger 712, Holden 703, Busbee
694, 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'clock. Soon after I met Mr. Badger.
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 secession
and save the union." He then voted for Mr.
Busbee and myself and for the convention. The result
of this election showed that I had properly estimated
the delegates elected, (as for the Union and
Secession.) There were for the Union 83, for Secession 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
Confederates and after the call by Mr. Lincoln for
troops from all of the States to put down secession
in the South. North 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 of Conservatives,
and those of the opposite party were still called
Democrats. The delegates met in Convention in
Page 16
Raleigh on the 20th of May, and the body was organized
by the appointment of Hon. Weldon N. Edwards
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 was passed; the Democrats
insisted on Burton Craige's Ordinance which simply
repealed the act of 1789 by which the State became
a member of the American Union. Mr. Badger's
proposition to amend Mr. Craige's Ordinance was
defeated. The Conservatives voted to amend Mr.
Craige's Ordinance by inserting Mr. Badger's Ordinance
in its place. Mr. Badger's Ordinance proclaimed
revolution and contained the reasons why
the State resisted Mr. Lincoln's call for troops to
coerce the Southern States.
I voted for Governor Graham for President
against Mr. Edwards. I had been opposed to Governor
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
Graham 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 Kittrell, of Davidson County, now
deceased, that he proposed that we should be reconciled
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?" He
Page 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 afterwards,
I conferred with him freely and profited by
his advice.
Mr. Badger and myself had also been on indifferent
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 Conservatives.
Their political antipathies were deep and
strong, yet they controlled themselves admirably, and
nothing occurred to interrupt their personal friendships.
I remember well, that when the act of secession
was consummated, the body looked like a sea
partly in storm, partly calm, the Secessionists shouting
and throwing up their hats and rejoicing, the
Conservatives sitting quietly, calm, and depressed.
Page 18
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 CONFEDERATE SENATE IN 1864. It was during the session of that Convention
that the candidates for the office of Governor
were agreed upon.1
Colonel Z. B. Vance was in
Raleigh in December 1861, on his way to Washington
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 Conservatives
of the State were casting about for a candidate
for Governor. Z. B. Vance and Ex-Governor
1. There were four sessions of the Convention, the last in April,
1862. [Ed.]
Page 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 Assistant Editor of the Standard, and I requested
him to call on Governor Graham, who was
then in Raleigh, and urge him to be a candidate. Mr.
Pell did so and had a long conversation with Governor
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 expense
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 determined
to fix on Z. B. Vance for Governor. I felt
that being a Democrat, and Vance a Whig, his nomination
had better proceed from a Whig - for example,
the Fayetteville Observer. I wrote therefore at
once to Augustus S. Merrimon of Asheville, Buncombe
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 promise.
He has since been a Senator in Congress and
is now Chief Justice of the Supreme Court of North
Carolina. After consulting with Mr. Merrimon, he
Page 20
went to Fayetteville and consulted with Mr. Hale.
Mr. Hale said to Mr. Merrimon that I (Holden),
having been a Democrat, was the proper person to
raise Colonel Vance's name. Mr. Merrimon then
wrote a brief article which appeared under the editorial
head of the Observer, marked "communicated,"
nominating Vance for Governor. He then
returned to Raleigh by way of Kinston - Colonel
Vance being at Kinston with his regiment - and obtained
from him his letter of acceptance, and reached
Raleigh with it. A meeting was held in the
office of Daniel G. Fowle 1 (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
Governor. The election took place in August, 1862,
and Vance's majority over Colonel William Johnston
of Mecklenburg was 33,975. The vote of Wake
County was: - Vance 2,269, Johnston 489. The following
is Colonel Vance's letter of acceptance:
1. Daniel G. Fowle now Governor of this state is a native of
the
County of Beaufort, N. C. When a young man he settled in Raleigh
as a member of the bar. He had in Wake County court a case
in Detinue among other cases. He had made his argument and
Mr. Badger who was presiding in the Court charged against him.
He asked to be heard and spoke for a little while on the law in the
case. Mr. Badger asked him to stop. He said "The counsel has
refreshed my mind on the ancient principles in the case. I have
heard him with pleasure and thank him for his citation of the old
principles in the case. Believing him to be correct, I withdraw my
charge to the jury". This incident was the town talk
for some time and did Mr. Fowle much good in his profession. I
trust he will be always as fortunate in his positions and views,
as he was on this occasion with Mr. Badger.
In the Standard of Dec. 12, 1862, I used the following language
in relation to Col. Daniel G. Fowle. "He is destined, if his life
and health should be spared, to achieve an enviable State
reputation.
Page 21
HEADQUARTERS N. C. TROOPS,
KINSTON, June 15, 1862.
EDITOR OF THE STANDARD:
- A number of primary
meetings of the people, and a respectable portion of the
newspapers of the State, having put
forward my name for the office of Governor, to which
I may also add the reception of numerous letters to
the same purport, I deem it proper that I should
make some response to these flattering indications
of confidence and regard.
Believing that the only hope of the South depended
upon the prosecution of the war at all hazards and
to the utmost extremity, so long as the foot of an
invader pressed Southern soil, I took the field at an
early day, with the determination to remain there
until our independence was achieved. My convictions
in this regard remain unchanged. In accordance
therewith I have steadily and sincerely declined
all promotion, save that which placed me at the head
of the gallant men whom I now command. A true
man should, however, be willing to serve wherever
the public voice may assign him. If, therefore, my
fellow-citizens believe that I could serve the great
cause better as Governor than I am now doing, and
should see proper to confer this great responsibility
upon me, without solicitation on my part, I should
not feel at liberty to decline it, however conscious of
my own unworthiness.
In thus frankly avowing my willingness to labor
in any position which may be thought best for the
public good, I do not wish to be considered guilty of
the affectation of indifference to the great honor
Page 22
which my fellow-citizens thus propose to bestow upon
me. On the contrary, I should consider it the crowning
glory of my life to be placed in a position where
I could most advance the interests and honor of
North-Carolina, and, if necessary, lead her gallant
sons against her foes. But I shall be content with
the people's will. Let them speak.
Sincerely deprecating the growing tendency towards
party strife amongst our people, which every
patriot should shun in the presence of the common
danger, I earnestly pray for that unity of sentiment
and fraternity of feeling, which alone, with the favor
of God, can enable us to prosecute this war for Liberty
and Independence against all odds, and under
every adversity, to a glorious and triumphant issue.
Very sincerely yours,
Z. B. VANCE.
Gov. Vance was elected Governor in 1862. He
was in the Confederate service at the head of a regiment
raised partly in Buncombe (his native)
County. He participated in the battle below Newbern
under General L. O'B. Branch. Gen. Branch
was defeated and Newbern was occupied by the federal
forces. Col. Vance retreated in a masterly manner,
crossing the Trent river and reaching Kinston
where he remained until nominated for Governor.
He had been engaged with his troops in the great battle
of Malvern Hill which was fought on the 3rd day
of July 1862, and his friends were anxious for his
promotion to be a brigadier, and therefore he had
received authority to form a legion of men to be as
Page 23
large a body of men as a brigade. In the Spring of
1862 it was stated in the Standard that forty (40)
companies had tendered themselves to Vance to form
his Legion. The Adjutant of his regiment under
orders of Col. Vance applied to the War Office at
Raleigh for tents and all necessary articles for a camp
at Kittrell Springs for his Legion. The request was
granted, and the Adjutant left the Office and had
reached the northern gate of the Capitol, when he
was called back by an officer and the order taken away
and refused. The question occurs again and again,
why was not Vance made a brigadier by the powers
at Richmond? When Governor, and before, in the
ensueing August he went to Richmond to confer with
Mr. Davis, he and I noted the fact that Mr. Davis
had appointed twenty-one brigadier generals and all
Democrats but one, and that one was General R. B.
Vance, his brother.
The truth is a very sad one, that it was a party
war on both sides. Mr. Davis and his government
at Richmond were Democrats. Mr. Lincoln and his
government at Washington were Republicans. Party
and faction ruled the hour. Governor Vance went
to Richmond in August, 1862, and remained four or
five days. I know the fact that he felt that Mr. Davis
had treated him badly as a party man. Vance himself
showed no party spirit and no spirit of faction
in his high office. He had full and free conversations
with Mr. Davis and others high in power at Richmond.
Soon after this the Hon. John H. Haughton
of Chatham wrote him a letter, and he replied to it
stating views and opinions which were, as I deemed
Page 24
them, very extreme and violent. I thought it an ultra
war letter and calculated to dim the prospects of
peace between the two sections. He showed it to me
and asked my opinion of it. I dissented from its
tone. He then sent it to Governor Graham and asked
his opinion as to whether he should send it to Mr.
Haughton and publish it. Governor Graham struck
out the material portion of the letter and greatly
changed it. The letter was never published, but
much of it appeared later in one of his proclamations.
A short time after this
Governor Graham was invited
to Raleigh, and I was sent for to come down
and meet him at the Governor's Mansion. I went
down in company with F. E. Satterthwaite, Esq., of
Washington, N. C. Mr. Satterthwaite agreed with
me, but took no part in the conversation. Governors
Graham and Vance and myself talked for a long time
on the state of the country. About that time I was
publishing a series of proceedings of peace meetings
in various counties. Gov. Vance was opposed to
to
them. I told him the people had a right to assemble
and express their opinion and petition for redress
of grievances, but I did not approve of propositions
to return to the union unconditionally; yet the people
who held these meetings were the men who elected
him Governor. Governor Graham in this respect
seemed to concur with me more than Governor
Vance, and he said to me, "Mr. Holden, what can we
do? You have spoken very strongly of the Confederate
Government at Richmond. Where is the remedy?
It is the only Government we have - we owe
a great deal to the states that went out with us - we
Page 25
did not want to go out, but the pressure was so great
that we had to go with them, and as a matter of
honor we could not abandon them. I am not without
hope that the crisis will be upon us in the ensueing
Spring, when the troops will then cease to re-enlist."
The meaning of which was, as I understood
it, Governor Graham feared that the troops would
fail to re-enlist, and the Confederate Government
would be greatly embarrassed. He added, "Let us
worry through the fall and winter as best we may."
Governor Graham said he hoped that I would in my
paper counsel the people to submit to the laws, although
the officers appointed to collect the tithes
were mainly Virginians and Marylanders, and
therefore there was danger of the people resisting
the law because the officers were from other states.
I told him I would do so in my next issue, and I did
so, and counselled the people to obey the law, no
matter who the officers might be.
This was the beginning of the wide separation
between Governor Vance and myself which resulted
in my opposing him for Governor in 1864, and here
I may say, and do say in the most emphatic manner,
that I have never questioned his integrity, nor his
honor, nor the sincerity of his devotion to his principles,
or to the people whose servant he was and is.
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
Page 26
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.
As I have said, Governor Vance but one month
before his election for Governor was unavoidably
obliged to be engaged in the great battle of Malvern
Hill. If he had been slain in that battle, the people
of North Carolina would have been put to loss and
sadly grieved. Without asking for it, or his friends
asking for it, he ought to have been furloughed as
soon as he was announced as candidate for Governor,
and my belief is that this would have been done if he
had been a Democrat.
Governor Vance was inaugurated on the 8th day
of September, 1862. There was a large crowd of
people in Raleigh on this occasion. He was inaugurated
on the western front of the State House, on the
same spot where Henry Clay made his speech in
1844. He was destined to be the great Conservative
War Governor of the South. Before his inauguration
I called upon him at the Yarboro House, and he
showed me his inaugural speech in manuscript, and
asked my opinion of it. It was a good document of
its kind. He made one alteration at my suggestion.
He had referred to the conscript law as constitutional;
he altered it so as to make it read that it
might be constitutional. I had always regarded it,
under both governments, old and new, as unconstitutional.
Hon. William Gaston, in a great speeech in
the House of Representatives in Washington City
in 1812, during the war with Great Britain, had declared
conscription unconstitutional, and had vehemently
Page 27
opposed it. There was no power under the
old government or the new to enact it.
The idea of sending free citizens of the States
from their homes to camps of instruction
against their will, to be trained to fight for liberty,
was, to say the least, absurd. The war should have
been a voluntary one, and if force had been necessary
to be used to put men in the Southern Army, that
force should have been used by the States themselves,
and not by the Confederate Government. When that
law was passed by the Confederate Government over
the States and enforced by that Government in the
States, every vestige of constitutional liberty in
the States vanished.
For holding these views, which I did sincerely, the
separatioin between Gov. Vance, myself, and Mr.
Davis was still more widened, not that Vance preferred
the conscript law, and not that as far as he
could he did not acquiesce in injustice to North Carolina,
yet he was powerless under the circumstances
to defend his State against the agressions of the
central power.
In Deecmber
1862 occurred the famous or rather
infamous execution of loyal men in the Laurel Valley,
in the County of Madison. Mr. Augustus S.
Merrimon then Solicitor in the mountain district
reported the facts to Governor Vance. I called at
his office to get the facts. Governor Vance was very
indignant. His form dilated as he said, "This was
done by Colonel Keith of the 64th N. C. and I will
write to Mr. Seddon, Secretary of War at Richmond,
to have him courtmartialed, and I will follow him
Page 28
(Keith) to the gates of hell or hang him." The
facts were, that a body of men and boys, eight or ten,
had made a raid from Laurel Valley to Salisbury
to get, as they said, their share of salt, and going and
returning committed outrages by taking property,
etc., on their route. For this Lt. Colonel Keith,
commanding the 64th regiment in that locality, arrested
them - men and boys and some women -
and shot them and buried them on the spot in
trenches. The women, with ropes around their
necks, were whipped. One of the boys, about fifteen
years old, was shot and not killed. His arm, badly
shot, hung by his side. His mother begged for his
life and Colonel Keith killed him by shooting him in
the head with a pistol. Mr. Seddon, Secretary of
War, had Colonel Keith courtmartialed at Governor
Vance's request, and Colonel Keith on the trial justified
himself by showing that he had acted in the
matter by the authority of General Harry Heth.
Afterwards, at the close of the war, Colonel Keith
was arrested and lodged in Raleigh jail. He thus
strangely enough fell into my hands to be sent to
Madison County for trial for this crime. The Sheriff
of Madison County with the deputy called on me for
him. I told him (the Sheriff) that I had heard that
Keith's life would be in danger at the hands of the
friends of the murdered people, if he was carried
through Buncombe and Madison to the jail in the
latter county; and that he must promise me as the
condition of the delivery of Keith to him, that he
would take him by way of the Fast Tennessee railway,
to a point west of Madison County, and deliver
Page 29
him from that point to the jail of the county. He
promised to do this, and Keith was thus delivered
safely to the jail to be held for trial for this outrage,
but he escaped from the jail and fled the State, and
I, as Governor offered a reward of $500 for his apprehension
and detention, and this is the last I have
heard from Keith. It is thought he escaped to California.
He may be alive yet. And thus the blood
of these people is still unavenged. I refer to this
unhappy matter as a specimen of many events which
took place to embarrass and trouble Governor Vance.
But these were only the beginnings of troubles
and sorrows. This opens the year 1863. Through
this year and the next, 1864, and half of the next,
1865, until Sherman and his mighty army reached
here, in April, for two years and six months we worried
and fought on, and suffered as no people have
ever worried, and fought and suffered in civilized
ages or States. I have ransacked repeatedly all the
chambers of my memory in relation to these things,
and I here state unreservedly that history contains
no account of a people who have endured more for
the sake of their principles and liberties, as they understood
them, than the people of North Carolina.
Modest, unselfish, brave beyond the common run of
men, they have never demanded what was not by
right their own, and never submitted cravenly to
injustice or wrong - and with the help of God they
never will! And I also state unreservedly, having
said thus much, that ZEBULON BAIRD VANCE, their
leader in all these things, was and is, their foremost
man in all their annals, old and new. I know whereof
Page 30
I speak. As to mere bravery it is useless to speak. The
number of those who went to battle and steeled and
hardened themselves for their State and her cause, is
legion. It would be in vain to attempt to point out the
meritorious among the thousands and thousands in the
ranks, among the privates who stood for and died in
her service, and those of them of this stamp who
survive can be trusted implicitly, for brave men are
never treacherous, but will do what they promise. In
the presence of the shades of the dead and in the
presence of those who survive, I would name but two
men of all that vast number, (and I might name
thousands), but I refer to only two men who were the
bravest of the brave. I mean Clark Moulton Avery,
of Burke County, and Bryan Grimes, of Pitt.
And so we worried on and suffered and fought till
Sherman came in from the South in April, 1865. Gov.
Vance sent Ex-Gov. Swain and Ex-Gov. Graham to
meet Sherman to surrender the City of Raleigh and ask
for terms. They met him a few miles south of the City.
He told them he had no power to treat, and they
effected no special terms, yet they received the
impression the City would be spared if no resistance
were near it, or in it. General Sherman reached here
on the 15th of April with 75,000 men, which were
encamped in and around the City. Governor Vance of
course had left for the western part of the State. Gen.
Sherman afterwards undertook to make a covenant
with General Joseph E. Johnston, commanding the
Confederate Army which when reported to President
Johnson at Washington
Page 31
City and his Secretary of War, Mr. Stanton,
was not approved. The State was not to go back with
her then government as she was, but the new
administration of Johnson, who had just succeeded
President Lincoln, determined to restore the States
lately in rebellion to their new relations to the National
Government. It was not reconstruction, but restoration
which was then proposed. The following order from
Gen. Sherman, which appeared in a Raleigh paper,
contains the grateful assurances of peace: -
HIGHLY IMPORTANT ORDER.
We are indebted to the courtesy of Gen. Sherman
for the following highly important Order, which we
lose no time in laying before our readers.
We have only time to say that the assurances of a
speedy Peace which this Order contains, will cause a
thrill of joy in the breast of every true American.
HD'QRS MILITARY DIV'N OF THE MISS.,
IN THE FIELD,
Raleigh, N. C., April 19th, 1865.
SPECIAL FIELD ORDERS,
No. 58.
The General commanding announces to the
army a suspension of hostilities and an
agreement with General Johnston and other high
officials which, when formally ratified, will make
peace from the Potomac to the Rio Grande. Until the
absolute peace is arranged, a line passing through
Tirrell's Mount, Chapel Hill University, Durham
Station and West Point on the Neuse River will
separate the two armies.
Page 32
Each army commander will group his camps
entirely with a view to comfort, health and good
police.
All the details of military discipline must still
be maintained, and the General hopes and believes
that, in a few days, it will be his good fortune to
conduct you all to your homes.
The fame of this army for courage, industry
and discipline is admitted all over the world. Then
let each officer and man see that it is not stained by
any act of vulgarity, rowdyism, or petty crime.
The Cavalry will patrol the front line; Gen.
Howard will take charge of the district from Raleigh
up to the Cavalry; Gen. Slocum to the left of
Raleigh; Gen. Schofield in Raleigh, its right and
rear.
Quartermasters and Commissaries will keep their
supplies up to a light load for their wagons, and
the Rail Road Superintendent will arrange depot
for the convenience of each separate army.
By order of
"'MAJ. GEN. W. T. SHERMAN.
L. M. DAYTON, A. A. G.'"
In the North Carolina Standard of April 20th,
1865, I used the following words: -
"Our people are just emerging from a desolating
war, and a large majority of them are destitute not
only of the comforts but of the necessaries of life.
They have been compelled to drink the cup of 'peaceabel
secession' to the dregs. They have lost life,
property, comforts, everything but honor; and at
Page 33
one time many of them feared that even hope was
gone. The contest is now virtually at an end, and it
is the duty of every good citizen to strengthen the
arm of just authority, and to aid in bringing order
from chaos, so that industry may be protected and
rewarded and our former prosperity and happiness
restored.
"Up to the hour when the states south of us madly
shot from their appropriate orbits in the federal system,
the hands of the federal government had never
been laid upon them but to protect and benefit them.
The old flag never waved whether on land or sea but
for their protection. And now, after a long and most
desolating war between brethren, let us hope that the
same flag, restored to its original place in the heavens,
will wave as our flag once more and forever, protecting
everyone who may rest or labor under its gorgeous
folds. We feel sure that it will. We feel sure that
our recent enemies are now generous friends. We
see, and hear, and feel this in all they say and do in
our midst. But the ocean, after a storm, does not
immediately subside. The great waves still roll, and
the "white-caps" are seen upon the breakers. It is so
with society. Our people will need, for months to
come, the strong arm of military power to protect
them in their pursuits, and to restore order to society.
It is not for us to say by what mode this shall
be accomplished, but only to declare our conviction
that it is indispensable. Under proper auspices, and
with the incitement to renewed labor which all our
people will have, we may hope again to see our fields
growing green for the future harvests, our workshops
Page 34
crowded with industrious mechanics and artisans,
our commerce whitening our waters, our schools
resuming their operations, and plenty and happiness
beaming among us. Let us look forward with hope
to the good day which seems to be ahead of us, and
endeavor to forget the sufferings through which we
have passed. 'The gods help those who help themselves.'
Let us all cheerfully 'accept the situation,'
and go to work to improve our condition. We are
all comparatively poor, but we have friends who will
aid us, - we shall have the protection of a strong and
good government, one that will extend to us credit
for what we may need, and take pleasure in encouraging
us in our efforts to restore our former prosperity."
Also in the Standard of April 24, 1865, I wrote
as follows: -
"One of the most difficult and perplexing questions
to be settled is the relation which must subsist
in the future in this state between the white and
black populations. Everyone agrees that slavery will
cease to exist, but the question now is, What must be
the relative condition of the two races for the next
few months? And, What must be the ultimate status
of the colored race?
"The negro is not to blame for any of the sufferings
entailed upon him by this war. It is not his
fault that the children of Washington have been
destroying each other in battle, nor can he reproach
himself with the reflection that he has contributed
either by word or deed to the privations and sufferings
Page 35
he is now enduring. He has been docile, and
faithful, and even affectionate towards his owners
for long generations; and when we add the fact that
he is the innocent cause of all this strife and all this
bloodshed, we perceive at once that he has strong
claims on the sympathy of every right thinking person.
"Governor Brownlow, of Tennessee, whose judgment
in all matters is entitled to respect, is in favor
of providing for the colored race a separate and appropriate
amount of territory, and settling them down
permanently as a nation of freedmen, - and there is
much force and propriety, it seems to us, in this suggestion,
for the two races could not well live in harmony
together as free races; but the question still
presents itself, What must meanwhile be the condition
of the colored race?
"Thousands of these people are leaving their own
homes and following the Federal army. They are
crowding into our towns and villages, subsisting
on government rations, contracting diseases,
and incurring fearful risks in their
morals and habits of industry. Many of them,
it is true, are compelled to follow the army
in order to procure food, for the provisions on most
of the farms have been swept away. But our advice
to them is to remain at home and continue to labor
for their old masters at fair wages, except in those
cases in which they feel that they owe it to themselves
to seek new homes. In Maryland, for example, the
great bulk of these people have remained at their
former homes, are receiving wages for their work,
Page 36
and are contented and happy. These persons will
find that mere freedom will be a curse, unless it is
followed by habits of industry and sobriety. The
government has no idea of supplying them with rations
as a permanent thing. It does so now, and only
for a short time, to keep them from starving. They
will have to work, and work hard for a living, and we
warn them of this in time.
"If a state convention should abolish slavery, that
body would most probably define the relations between
the two races; and if the states should adopt
the amendment proposed by Congress abolishing the
institution, the latter body will define those relations.
Meanwhile we say to the colored people remain where
you are, cultivate habits of industry, preserve your
morals against the manifold temptations that will
beset you, and endeavor by your conduct to secure
the respect and confidence of all good people."
And having given facts thus far up to the time
Gen. Sherman entered Raleigh, I must now go back
to January, 1864, to an event which shows the character
and bearing of North Carolina throughout the
entire struggle. In January, 1864, Gov. Vance appointed
the Hon. Edwin G. Reade to the Confederate
State Senate from the County of Person, to fill the
place of Hon. George Davis of New Hanover County,
who had been appointed by President Davis Attorney
General of the Confederate States. Soon after
taking his seat Mr. Reade delivered a speech reported
as follows:
Page 37
"SENATE OF THE CONFEDERATE STATES,
Saturday, Jan. 30th, 1864.
"Mr. Reade, of
North Carolina, introduced a joint
resolution of thanks to certain North Carolina troops
who had re-enlisted for the war, which is as follows:
'The Congress of the Confederate States having
learned through the public press of the re-enlistment
for the war of the North Carolina brigade in the
Army of Northern Virginia, serving under General
Robert D. Johnston, do
Resolve, That the patriotism and spirit of the
North Carolina troops, evinced by their prompt and
voluntary devotion of themselves afresh to the services
of the country are beyond all praise and deserve
the unbounded gratitude of the government.'
"In support of the resolution, Mr. Reade said:
'Mr. President: - It is with much State pride and
personal pleasure that I offer this resolution for the
consideration of Senators, and ask their favorable
action.
'In this great war we need all our strength. But
what is strength in war? It is not the multitude of
faint hearts and nerveless arms which achieve success;
these are burdens rather than helps. It is
spirit that moves an army and makes it irresistible.
'These troops have been in service for years. They
are scarred and worn. They are away from their
homes where they have much to love. But they tarry
not for these. They await not your bidding, but they
spring to action as springs the tiger from his lair.
This, Senators, is strength in war.
Page 38
'I would be proud of them if they were the soldiers
of any other State. When, a few days ago, the Senator
from Tennessee offered resolutions appreciative of
like conduct on the part of troops from his State, my
affection ran out after them. And I grew larger as
I remembered that Tennessee was North Carolina's
daughter, and that North Carolina, like a mother,
had only allowed her queenly daughter to be a little
in the front.
'The conduct of these troops, Senators, is in consonance
with the spirit of all the troops from North
Carolina during this war, and of her people at home
as well. Yet malicious rumor has thrown the stain
of disloyalty upon her name. It matters nothing
that not a man has staid at home who was called to
the field; it matters nothing that they have swelled
every triumph and staid every reverse; it matters
nothing that every legitimate burden has been cheerfully
borne by her people; it matters nothing that
her youthful Executive, called from the field to his
responsible position, has so managed her affairs, internal
and external, as to have obtained the name
"Model Governor"; it matters nothing that her
Convention was unanimous and her Legislature provident;
nothing matters. Malignity says she is disloyal,
and disloyal she must be. I will not make the
Senate the arena for battling with this malignant
charge against North Carolina. Her reputation is
very dear to me. It can scarcely be less so with you,
Senators; but that resolution depends not upon any
poor word of mine. She calls up the history of the
Page 39
past as witness of what she is now, and will be hereafter.
'I do not conceal from Senators that there is dissatisfaction
in North Carolina. And the question is
again and again asked, "What does it mean?" It is
easy to tell you what it does not mean, and quite as
easy, but much more tedious, to tell you what it does
mean. It does not mean disloyalty. - It means rather
an excess of loyalty to the State, without any abatement
towards the Confederacy. - This ought to be
satisfactory, at least to all outside of the State.
'I will only mention a few of the annoyances which
she has suffered. Her people are sensitive and spirited,
as easily led as a child, in the right way, because
they are a good people. But against the front
of offense she stands a giant form.
'Very early in this struggle, an order was sent to
North Carolina, which, so far as as I know, was sent
to nowhere else, to deprive citizens of their arms,
"good, bad and indifferent." I believe I quote the
words; I am sure I have the substance. This may
have been all very innocent; but the impression was
made, not unreasonably, that the purpose was to disarm
her because she was suspected. Time and again
her citizens have been arrested, without warrant and
without cause, and thrown into prisons in Richmond
and elsewhere.
'The decsions
of her judiciary have not been respected.
'Many of the offices in the State, to which her citizens
were entitled by courtesy, if not of right, were
filled by obnoxious strangers.
Page 40
'Suspicions, distrusts and threats on the part of the
authorities, have chafed her continually. And Senators
have doubtless heard, as I have, that it has
been gravely considered whether force ought not to
be employed to overawe and silence her people. - Distrust
of her has begotten distrust in her towards them,
and now she is alarmed afresh at the dangerous powers
which it is proposed in Congress to confer.
'Just now a new clamor is raised against the State,
because the propriety of calling a Convention is being
discussed. I know nothing of that movement
except what is before the public. Its enemies say it
means mischief; its friends say it does not. I suppose
its friends ought to know best. But however this
may be, let me enquire when was it ever before that
a Convention in North Carolina was an occasion of
alarm to her friends. Was it that first little Convention
in Mecklenburg, or was it her last Convention,
when she unanimously assumed the position she
now holds? I speak against no party and for no
party. I speak for the State. I say that whether she
call a Convention or not, or whatever else she may do,
will be so marked with propriety that others in time
to come, as in time past, will evince their high appreciation
of it, by claiming that she was not the first
to do it, but that they were.
'Appreciate North Carolina, Senators, as I ask you
to appreciate the gallant bearing of these her soldiers,
and her people, whether at home or in the
field, will be faithful to every pledge she ever gave
you.'
"The resolution being read the requisite number of
Page 41
times, was considered in committee of the whole, and,
no amendment being proposed, was adopted, and ordered
to be sent to the House of Representatives.
"On motion of Mr. Semmes, the Senate adjourned."
As I have stated, Gov. Vance appointed Mr. Reade
to the Confederate Senate in January, 1864. A better
appointment could not have been made. Mr.
Read had been reared a Whig of the old Henry Clay
school, like Gov. Vance. In 1861, after secession in
this State, party names had ceased with the exception
that a fragment of the old Democratic party remained.
Mr. Reade was a Conservative, as were the
30,000 majority who had in 1862 voted for Vance,
as against Johnston. Mr. Reade simply spoke forth
in his place at Richmond the "words of truth and
soberness." It is not true that North Carolina was
divided in her resistance to the coercive policy of the
federal government, or that any one was disposed to
submit unconditionally to obtain peace, but party
feeling was all the while manifesting itself with great
bitterness, and injustice in that fragment of the
so-called Democratic party. It was this fragment
that had produced the impression referred to by Mr.
Reade, that the Confederate government thought of
coeercing
the people of North Carolina. I remember
well that in 1861, I was present at two meetings held
in Raleigh composed of the Conservative members of
the Convention, over which Ex-Governor Graham
presided. The first meeting was held at my house.
It was held with closed doors, because of the bitter
opposition of this so-called fragment. Conservatives
Page 42
were those who had been previously Democrats or
Whigs.
The great object of the Conservatives was to
strengthen on the one hand the Confederate government
in its effort to resist the subjugation of the
Southern States, and meanwhile to preserve among
our people the old fashioned principles of States
Rights and personal liberty. The first meeting was
held at my house, and the second at the house of
Henry Watkins Miller. I was present at both, and
heard and saw all that was said and done.
Mr. Gilmer, Ex-Governor Graham, Mr. Robert P.
Dick, Mr. Miller, Lieut. Merritt, - a young member
of the bar from Chatham who afterwards died in
battle for the South - and others spoke, setting forth
their views as Conservatives, as Confederates, as the
fast friends of civil liberty at home, whilst their
friends and brothers were fighting for liberty abroad.
The Raleigh Standard was the well-known organ of
all these men, a paper which itself had been the
means of putting into the service of the States at
least 10,000 soldiers, and which though differing
in political sentiment with the administration at
Richmond, was neverthelesss true to the Confederate
cause. Anyone who is regarded by sane men as sane
as themselves would not for a moment doubt the honesty
or the patriotism of such men as Badger, Graham,
Gilmer, Bedford Brown, Robert P. Dick, Joseph
S. Cannon, or in fine of the fifty members of the
secession convention of 1861, who were known as
conservatives. Mr. Senator Reade in standing for
and speaking for the people of the entire State, meant
Page 43
to include these fifty conservatives, as well as the
seventy members of the same body, who were called
Democrats.
In 1865, while I was provisional Governor, B. F.
Moore, Esq., who was one of my confidential friends
and advisors, asked me to obtain a pardon from the
President for Hon. William T. Dortch, of Goldsborough.
I told Mr. Moore that he knew the instructions
I had received from the President, not to be too
forward in obtaining pardons for distinguished persons
like Mr. Dortch, who had been a Confederate
Senator, and that I could not obtain his pardon then,
but would as soon as practicable. The next day Mr.
Moore called again, and asked me as a favor personal
to himself to get the pardon. I told him I would do
so, and when I obtained it and handed it to him he
said: "I could not tell you before, but will tell you
now, my reasons for asking for it. Mr. Dortch was
my law student, and I esteem him highly. He told
me that Mr. Davis had my name and your name and
the name of the Hon. Richard S. Donnell on his list
to be arrested for disloyalty, and that he (Mr.
Dortch) had induced Mr. Davis not to do that. I
could not tell you this as an inducement to obtain his
pardon, but I tell you now as you have given me his
pardon." I state this simply as a matter of fact,
and with no purpose to reflect on Mr. Davis. He was
misled and misinformed by certain parties in North
Carolina.
Page 44
CHAPTER III.
PROVISIONAL GOVERNMENT AND
RECONSTRUCTION INCIDENTS.
SCENES AT WASHINGTON, MAY, 1865 - PROVISIONAL
GOVERNOR - PARDONS - THE ELECTIONS OF 1865 -
CRITICISMS OF MOORE'S SCHOOL HISTORY OF
NORTH CAROLINA ON WAR POLITICS AND RECONSTRUCTION.
At length the war was was over. Both sides after a
tremendous struggle of four years furled their flags,
and their officers and soldiers returned to their homes.
Thousands on thousands of brethren had been slain and
were buried where they fell. The Northern soldiers
returned to their homes which had not been trampled
by armies or impoverished by serious loss of property.
The Southern soldiers returned, stripped of all save
their honor. No one sympathized more than I did with
North Carolina soldiers. I had been their friend
throughout the entire war, and bade them God-speed in
renewed efforts to make a living and a name among
their neighbors.
About the 20th day of May, 1865, I was summoned
to Washington City. The call made upon me by the
President was totally unexpected. He telegraphed me
to come to Washington at once, and invite such friends
to accompany me as I desired. On the same day I
received the telegram, and almost the very hour, Mr.
Richard C. Badger, the son of Hon. George E. Badger,
called upon me at my house with a letter
Page 45
from Hon. Edward Stanley, in which Mr. Stanley urged
Mr. Badger to see me, and urge me to repair at once to
Washington. Mr. Stanley believed, and so stated, that I
was the best person, all things considered, to be
appointed Provisional Governor of North Carolina. I
invited Messrs. William S. Mason, Robert P. Dick, John
G. Williams, J. P. H. Russ, and W. R. Richardson to go
with me to Washington City, and obtained
transportation from Gen. Schofield, then in command of
the army. We left for Washingington
City. I was very
anxious to have Judge Edwin G. Reade of the number
of friends who went with me, but he lived at some
distance from Raleigh (Roxboro) and the mails were at
that time uncertain and unreliable. I had time therefore
to invite only Raleigh men, and Mr. Dick, of
Greensboro, on the line of the railroad. We traveled to
Washington by way of the Chesapeake and Albemarle
canal to Norfolk, from thence to Baltimore and
Washington. We saw President Johnson first in a large
room in the Treasury building. He had not then
occupied the White House. A few days afterwards we
saw him in the White House. We also met Gov. Vance,
who was a prisoner, and Ex-Governor Swain,
Bartholomew F. Moore, and William Eaton, Esq.'s, who
were there to see the President. Just before I started
from Raleigh Gen. Schofield dropped me a note and
asked me if I objected to granting transportation to
Swain, Moore, and Eaton. I replied I did not.
I did not when in Washington call to see Gov.
Vance. I thought if I did it might look like an
assumption of superiority over him, he a prisoner,
Page 46
and I a free citizen, but I sent him word by Mr.
Moore and Col. Wheeler who called upon him, that
I sympathized with him, and would be glad to loan
him funds if he needed them. Meanwhile I appointed
Dr. Robert J. Powell, formerly of Richmond
County, State Agent, to facilitate my correspondence
with the President, to represent North Carolina
in that capacity at Washington. Among other
things I asked Dr. Powell what he thought would be
done with the Southern Governors then in the old
Capitol Prison. Feeling at Washington was then
intense against the South. I asked especially what
he thought would be the fate of Gov. Vance. He
said he thought they would all be hanged. I replied:
"Dr. Powell, that will never do. If that is done we
cannot reconstruct nor restore North Carolina.
Vance stood and stands for our people as Davis did
for the entire South. Please keep me informed on
these matters constantly. If there is danger of what
you say, I will return here at once and appeal to
the President." I would not, of course, have served
if the President had allowed these things to be done.
On the morning of the 4th of July, 1865, Col. Tod
R. Caldwell told me with much concern that he had
just passed through Statesville from the west, and
heard Mrs. Vance was very sick, and at the point of
death, and asked me to telegraph President Johnson
to release Governor Vance to return home to his wife.
I telegraphed the President at once, and in two hours
he replied: "Ex-Governor Vance has been released,
and is on his way home." Twelve months afterwards
I went to Washington to see the President. Governor
Page 47
Vance went at the same time to renew his parole. Of
course he was never tried.
I was in Washington seven or eight days, and was
the first Provisional Governor appointed. At the first
interview we had with the President, there were present,
altogether at his request, all the North Carolinians
in the city, his purpose being to consult them
as to who was the proper person to be appointed Governor
of North Carolina, whose duty it would be to
take steps to restore the State to the Union. There
were present on that day Messrs. Robert P. Dick,
William S. Mason, J. P. H. Russ, W. R. Richardson,
John G. Williams, Ex-Gov. Swain, William Eaton,
Jr., B. F. Moore, Col. John H. Wheeler, and Dr. R.
J. Powell. I arose with Ex-Gov. Swain and walked
out while the President was taking the opinions of
those present. Gov. Swain appealed to me in the
most earnest tones not to accept the place of Provisional
Governor. Thinking he had some apprehension
as to the University, I said to him: "Governor,
I have always been a firm friend to the University,
though myself not a graduate as you were not. I am
not yet assured of my appointment. I may be, or
I may not be, but in any event I am your friend, and
the friend of Chapel Hill." We had walked from the
White House to a point overlooking the statue of
Gen. Jackson, and when we returned, as we did
slowly, to where the President and his friends were,
it was announced that I had been appointed Provisional
Governor. Mr. Moore and Mr. Eaton did not
vote. They said they did not come there for that
purpose.
Page 48
I was appointed Provisional Governor by the President
on the 29th day of May, 1865. The President
directed me to provide a government for the State.
I appointed such state officers as were needed. I appointed
seven judges of the Superior Courts, also
magistrates or Justices of the Peace, town officers,
county officers, corporation officers, etc. I issued
proclamations providing for the election of members
of a State Convention, one for every member of the
House of Commons, in all one hundred and twenty
(120); also after this, for the election of members
of the Legislature, Senate and House. I appointed
also State officers to aid me in my work as follows:
Aids, Joseph S. Cannon, Eugene Grissom, Tod. R.
Caldwell; Private Secretary, Lewis Hanes; Clerks,
Richard C. Badger, William H. Bagley, S. M. Parrish;
State Treasurer, Jonathan Worth; Secretary
of State, Robert W. Best. Donald W. Bain, Esq.,
the chief clerk under the former Treasurer, was in
office, and remained until appointed by Mr. Worth.
The following gentlemen were appointed Superior
Court Judges to ride the seven circuits of the State:
Messrs. David A. Barnes, Edward J. Warren, Daniel
G. Fowle, Ralph P. Buxton, Robert B. Gilliam, Edwin
G. Reade, Anderson Mitchell. Sion H. Rogers
was appointed Attorney General. 1
1. President Johnson asked me while in Washington to furnish
names for various (federal) offices in the State. I gave him
Robert P. Dick to be appointed U. S. District Judge; William S.
Mason to be appointed District Attorney; W. R. Richardson to be
appointed Postmaster at Raleigh, and John G. Williams, National
Depositary of Lands. We went to the office of the Attorney General
to see what oath we would have to take. We were tendered the Iron Clad
Test Oath. Neither of us could take it, for we had all of us, more or less,
aided the rebellion; indeed I took no oath as Provisional Governor
until August, when I took the Amnesty Oath. Mr. Johnson afterwards
tendered me the office of Minister Plenipotentiary to a South American
Republic, San Salvador. But Mr. Summer, who was then chairman of the
Committee on Foreign Affairs, declined to present my name, and I was not
confirmed.
Afterwards while in Washington City in 1871 General Grant
asked me to call on Mr. Fish, Secretary of State. Mr. Fish
tendered me my choice of the mission to Peru or to the Argentine
Confederation. I declined both. I did not wish to leave North
Carolina.
Page 49
I wrote the following editorial for the Standard of
the 10th of June, 1865, about Jonathan Worth: -
"It gives us much pleasure to be able to announce
that Jonathan Worth, Esq., has consented to accept
the office of Treasurer and Property Agent for the
State. In addition to the duties of Treasurer, he will
be charged with collecting and selling all the property
belonging to the State - cotton, turpentine, and every
other article of state property - and to investigate the
condition of State finances, the condition of banks,
railroads, asylums, and other public corporations.
The office is a very important one, and it will give
the citizens of the entire State great satisfaction to
know that Mr. Worth is to discharge its duty. His
judgment, energy, and integrity mark him as the
man who will perform them for the best interest of
the State."
And in my first proclamation to the people of the
State I used the following language in regard to the
colored people: -
"To the colored people of the State I would say,
you are now free. Providence has willed that the
very means adopted to render your servitude perpetual,
should be His instruments for releasing you from
bondage. It now remains for you, aided as you will
be by the superior intelligence of the white race, and
cheered by the sympathy of all good people, to decide
Page 50
whether the freedom thus suddenly bestowed upon
you will be a blessing to you or a source of injury.
Your race has been depressed by your condition of
slavery, and by the legislation of your former masters
for two hundred years. It is not to be expected that
you can comprehend and appreciate as they should be
comprehended by a self-governing people, the wise
provisions and limitations of the Constitution and the
laws; or that you can now have that knowledge of
public affairs which is necessary to qualify you to discharge
all the duties of citizens. No people has ever
yet bounded at once into the full enjoyment of the
right of self-government. But you are free, in
common with all our people, and you have
the same right, regulated by law, that others
have, to enter upon the pursuits of prosperity and
happiness. You should henceforth sacredly observe
the marriage relation, and you should provide for
your offspring. You can now not only learn to read
yourselves, as some of you have been able to do heretofore,
but you can instruct others, and procure instruction
from others for yourselves and your children,
without fear of punishment. But to be prosperous
and happy you must labor, not merely when
you feel like it, or for a scanty support, but industriously
and steadily, with a view to making and laying
up something for yourselves and your families. If
you are idle you will become vicious and worthless; if
vicious and worthless you will have no friends, and
will at last perish. 'In the sweat of thy face shalt
you eat bread all the days of thy life.' The same
Providence that has bestowed freedom upon you, has
Page 51
told you that diligence in business is required of all
his creatures; and you cannot expect that your race
will escape ultimate extinction, if you wilfully violate
or disregard this, one of His great commands.
Freedom does not mean that one may do as he pleases,
but that everyone may, by industry, frugality, and
temperance, improve his conditions and enjoy the
fruits of his own labors, so long as he obeys the law.
I have no prejudice against you. On the contrary,
while I am a white man, and while my lot is with my
own color, yet I sympathize with you as the weaker
race; and I cannot forget that during this rebellion
many of you fought for the preservation of the Union,
and that those of you who remained at home in the
then slave holding States, were for the most part,
docile and faithful, and made no attempt by force of
arms to gain even their freedom. I will see to it, as
far as I can, that you have your liberty; that you are
protected in your property and persons; and that you
are paid your wages. But, on the other hand, I will
set my pace against those of you who are idle and dissipated,
and prompt punishment will be inflicted for
any breach of the peace or violation of the law. In
fine, I will be your friend as long as you are true to
yourselves, and obedient to the law, and as long as you
shall labor, no matter how feebly, if honestly and
earnestly, to improve your condition. It is my duty,
as far as I may, to render the government a 'terror
to evil doers, and a praise to them that do well' - and
this I will endeavor to do in relation to the whole
people of the State of North Carolina, 'without fear,
favor or affection, reward, or hope of reward.'"
Page 52
At a union meeting held in Raleigh before we left
for Washington I addressed a large body of people.
Among other things looking to reconstruction I
said: -
"Prevention of secession was absolutely impossible
in this State. I with others signed the ordinance of
secession under the force of unavoidable circumstances.
Union men, bowed down and stricken in
spirit, silently acquiesced, while secessionists greeted
the act with hats off and hurrahs, the firing of canon
and the ringing of bells.
"This war has resulted in the utter extinction of
African slavery. This is an accomplished fact. There
can and will be no question about it. It remains for
the people of this State in Convention and by legislative
action to define the status of the emancipated
race. I, for one, have no fear in this regard. I am
willing to see the alphabet, the Bible and the school
book placed in their hands, and to recognize among
them the marriage relations heretofore so culpably
disregarded. The extent of their further elevation
belongs legitimately to the governing race.
"In my opinion this emancipated race must have,
to a large extent the sympathy, the aid and support,
of the white race, without which they would be extinct.
"We are financially ruined. The bonded debt of
the State prior to secession was $11,000,000 and
this has been since increased by an indebtedness of at
least $40,000,000.00, incurred by the State and
counties during the war. Of the banks some are probably
bankrupt while others are materially crippled. If
Page 53
we add to this the loss of fifty thousand men who have
been slain in battle or have died in hospitals and the
devastation of a large portion of the State by both
armies, no little nerve is required to meet the future.
I believe, however, that the old government, the parental
government, will be kind. It devolves on the
Assembly to maintain the integrity of the State and
to encourage the people to resume their wonted pursuits.
"And now, fellow citizens, what remains but to
address ourselves to our duties as loyal citizens and
to improve and build up our native State? At the
formation of the Federal constitution North Carolina
had, as she has now, the same area of territory, 50,000
square miles, with the State of New York, and
the same representation in Congress, fifteen. In
1860 New York had thirty-six members of Congress
and North Carolina eight. To what was this difference
to be attributed but to the retarding, dwarfing
influence of slavery? With this incubus removed, let
us start anew in the career of prosperity. Our latitude
is the best on the globe and we have a climate
capable of producing nearly every article produced
in any other state. We have a long sweep of seacoast,
and one of the best harbors on the Atlantic front, and
from Nash County to the Tennessee line our water
power is inexhaustible. We grow all the cereals besides
cotton and tobacco; and the bowels of the earth
are stored with iron, coal, marl, copper, marble, gold,
silver, and precious stones. We have vast forests of
the most valuable timber and large resources of naval
stores. In a word, though greatly impoverished by
Page 54
the war, we have all the resources and all the elements
of a great State. Let us go to work to develop
these resources. We need capital and labor. To
our brethren of the North and East and West we say,
come over and help us. Bring your capital, your
muscle, your intelligence, your industry, your ingenuity,
and settle among us. The way is now open,
and with us and our children you can purchase and
build, and plant and reap, and repose and labor, and
live and die, leaving your possessions an assured inheritance,
for I tell you that the stars in that banner
will never go out, and the sun of American liberty
will never go down. Our banner staff is at last so
firmly planted that no convulsion which did not split
the earth could upheave it from its place.
"May our children and our children's children for
a thousand generations, walk and be happy in the
light of that glorious ensign; and may they, as we do
now, on the distant shores of all coming time, by the
waters of the two great oceans, by the lakes of the
North, and amid the central portions of the continent,
and far towards the South, where tropic groves
perfume the breath of morn, repeat with the same
heartfelt, impassioned, holy zeal, those thrilling
words of Mr. Webster: -
'When my eyes shall be turned to behold, for the
last time, the sun in heaven, may I not see him shining
on the broken and dishonored fragments of a once
glorious Union; on States dissevered, discordant,
belligerent; on a land rent with civil feuds, or
drenched, it may be, in fraternal blood! Let their
last feeble and lingering glance, rather, behold the
Page 55
gorgeous ensign of the republic, now known and honored
throughout the earth, still full high advanced,
its arms and trophies streaming in their original
lustre, not a stripe erased or polluted, nor a single
star obscured, bearing for its motto no such miserable
interrogatory as, What is all this worth? Nor those
other words of delusion and folly, Liberty first, and
Union afterwards: but every where, spread all
over in characters of living light, blazing on all
its ample folds, as they float over the sea and over
the land, and in every wind under the whole heavens,
the other sentiment, dear to every true American
heart - Liberty and Union, now and forever, one
and inseparable!'"
Before I left Washington I had several conversations
with the President. Generally Mr. Dick was
with me. The President had his Private Secretary,
Gen. Massey, read to us his proclamation, he commenting
paragraph by paragraph, asking our opinion
as the Secretary read. Mr. Dick and myself
talked to him very plainly and courteously. He said
to us he expected to confiscate the estates of the large
slave owners, who were traitors and proscribed, and
divide them among the wool hat boys of the South,
who had been impoverished and had been compelled
to fight for slavery against their will. Mr. Dick and
myself remonstrated against this in earnest terms.
We begged him to be as forbearing and as generous
as possible. He said he would be, and especially
when asked by the proscribed classes, of whom there
were fourteen in the proclamation, for their pardons,
Page 56
he would give immediate attention, and pardon where
he could. He said though, "Gentlemen, treason must
be made odious, and coming generations ought to
know it and profit by it."
Mr. Moore was also, as I know, very earnest and
candid in his talk with the President, and concurred
with us in urging on the President forbearance and
kindness toward the Southern States.
The President said that he would give to
me for North Carolina all the war property that was
in the hands of Gov. Vance. This included cotton,
naval stores, tobacco and the like. The net results
of this gift of the President to his native State was
$150,000, collected and realized by Treasurer Worth
in the State Treasury, leaving when I retired from
office on the 29th day of December, 1865, the sum of
$40,000 in the hands of Hon. Kemp Battle, the new
Treasurer who succeeded Treasurer Worth.
I administered the amnesty oath to all the people
of the State, and called a Convention, and also the
Legislature, both of which sat during the seven
months of my provisional governorship, and paid all
expenses, including the seven judges heretofore mentioned.
And this President Johnson did for no other
State. In addition to this he allowed me $7,000
from the United States Treasury to cover the expenses
of my office.
Mr. Seward asked me in his presence what the
salary of Governor in my State was. I told him it
was $3,000, but did not mention the fact that I would
have a house to live in. He therefore allowed me at
the rate of $3,000 a year for seven months, and I
Page 57
have never received anything for house rent, as allowed
by the law of this State.
Mr. Seward also asked me about Mr. Badger, and
his boys who had been in the army, and were then
prisoners of war. He spoke of him very kindly, and
said he was facilitating the return of his sons to their
homes. He said: "What do you think? One of his
sons who has a way of thinking for himself, refused
to take the oath. I told the officer it made no odds
but turn him loose, I would not stand on that and
keep him from his father." I suppose that was Edward,
now dead. Some months previous to this Mr.
Badger's friends had procured the election of his son,
Richard, to be chief clerk of the Senate, in order, as
Mr. Badger was paralyzed and comparatively helpless,
his son Richard might be with him at home.
On my return from Washington City I was closely
and constantly engaged, and found I had undertaken
a very heavy task indeed. I had able assistants who
helped me very much, but I had to conceive, and
plan, and do everything in the way of reconstructing
the State. For the first months I had not less than
seventy-five visitors every day, which engaged my attention
for hours, for the most part of the time, in
fact. I had to provide books with the Amnesty oaths
for all the counties, to appoint persons in various
counties to administer those oaths, to obtain horses
and mules for applicants by applying to the military,
and settle disputes between men in regard to property
of various kinds, to correspond on matters of
business which required attention, and in all respects
to work, work, work.
Page 58
I received every day a large number of applications
for pardon which I read carefully. I was the medium
through which these applications went to the President,
and my duty was to mark them Granted, Postponed, or
Rejected. Not that I did that, but they were thus
marked for the President. It was with him to grant,
postpone, or reject them. During my time of seven
months about twelve hundred pardons (1200) as well
as I recollect, were thus obtained from the President. I
asked him during all this time to reject but four; some
were postponed, and many granted. These pardons
were recorded in a book marked "Pardons" by Mr. S.
M. Parish, a good scribe. I left the book in the
Executive office.
About the middle of my term, say in August, Ex-Gov.
Graham came to Raleigh. I was sick at the time,
confined to my house. I did not see him. He filed in my
office his application for pardon addressed to the
President. When I got back to my office I read his
application carefully, and was pleased with it. It was an
able and truthful paper. I rose up from my place in the
office and approached Maj. Bagley, who was pardon
clerk, and asked him to endorse Ex-Gov. Graham's
paper, "His pardon is to be granted by the President at
once." Col. Cannon, one of my aids, who was standing
by, said to me, 'Governor, have you seen the New
York Herald of this morning?" I said, "No, what of it?"
He said: "The Herald says, 'Gov. Graham has been
pardoned already, and you are engaged in pardoning a
great many distinguished unpardoned rebels.' I would
advise you to send on the paper, and mark it
Page 59
continued, and in a few weeks write to the President and
ask him to send the pardon." Colonel Cannon and
Maj. Bagley were both old line Whigs, or had been,
and both devoted friends of Gov. Graham, as I was. I
took their advice and continued his case. They advised
me to pursue this course and not grant the pardon
immediately, lest the radicals North should complain
and lose confidence in the President.
In the course of a week or so, being still feeble on
account of my hard labor, I went to Kittrell Springs and
there saw Mr. Thomas Webb. In the course of
conversation with him I said, "I hope Ex-Gov. Graham
will soon have his pardon and that he can then enter
public life and be of great service to us." On my return
to Raleigh I found he had written a communication in
the Hillsborough Recorder assailing the constitutionality
of an act of Congress. The communication referred to
was published in the Hillsborough Recorder and Raleigh
Sentinel and of course excited attention. We were then
under military rule, and it was therefore not proper that
an unpardoned person asking for pardon should write in
that way over his own name.1
Meanwhile, the Hon. Josiah Turner called on me at
my office, and had a long, warm conversation with me
in regard to his pardon, and that of Ex-Gov. Graham. I
told Mr. Turner I could not tell him what endorsement
I had made on his application, or on the application of
Gov. Graham; that they were both
1. The article of Gov. Graham was a criticism of the expediency of
applying the "Iron Clad Oath" of 1862 to the Congressmen and
Senators elected in the South: he also questioned the constitutionality
of the measure. See Sentinel, Oct. 16, 1865.
Page 60
leading public men, and it was not my habit to give
information of that kind; but would tell him of one
case of a private citizen and what I had done. I
said: "Sir, you wrote your father's application for
pardon. He owned a large amount of land, he was
no doubt apprehensive that it might be confiscated.
You made him say that if he had been a young man
he would have shouldered his musket and fought for
the South. I feared this expression might move the
President to refuse his pardon, whereupon I made a
note of it, that your father was an old man and had
been a Henry Clay Whig, and that the President
might overlook the expression and send the pardon.
I received the pardon by return mail, and sent it to
your father at Hillsborough." I found it impossible
to satisfy Mr. Turner, and he left my office evidently
dissatisfied. About this time Mr. Turner made a
speech in Raleigh. I did not hear him. The speech
was understood to be against me, and my policy of
reconstruction. Under all these circumstances it was
not to be reasonably expected that I would at that
time write to the President to forward either of these
pardons. I had the greatest respect for Governor
Graham, and did not intend to be in the way of his
pardon. If he had come to Raleigh again, and the
whole matter could have been explained between us,
I would no doubt have written to the President and
obtained his pardon.
An old and esteemed friend of mine, now dead,
Council Wooten, of Lenoir County, called on me several
times for his pardon. I put him off, but having
heard at last from his friend and neighbors in relation
Page 61
to his application and his merits I obtained his
pardon.
I will make this statement also in relation to Gov.
Bragg. I had marked his application to be continued,
as Gov. Graham's was marked. A package containing
a number of pardons was received in my office by
express, and Col. Cannon opened it, and much to his
surprise he found Gov. Bragg's pardon. He said,
"You marked his application to be continued." I
said, "I did." He then removed it, and put it in his
drawer in my room. In a few days Gov. Bragg called
for his pardon. The clerks in the office of the Private
Secretary said it was not there. In a few days
Dr. Powell, State Agent, who handled these pardons,
came to Raleigh and asked for Gov. Bragg's pardon.
I told him the facts. He said the President told him
the pardon had vested, and I might therefore just as
well give it to Gov. Bragg. Dr. Powell then said
that he did not know it was Gov. Bragg, but thought
it was plain Thomas Bragg. I told him I was not
disposed to treat Gov. Bragg unkindly, but he had
not been to see me since I was Governor, but if he
would call on the day I retired from office I would
hand him his pardon myself. Gov. Bragg called on
that day, the 29th Dec., 1865, and I handed him his
pardon.
There were two persons, possessed each of large
means, who obtained their pardons from the President
directly when I had not consented to it, and the
President, when informed by Dr. Powell of the fact,
telegraphed authorizing me to tax each one of these
persons for thus obtaining pardons $10,000 each by
Page 62
way of punishment, which of course I declined to do.
One day toward the close of my term Col. Tod R.
Caldwell, who had lately been to Hillsborough, said
to me that Mr. Paul C. Cameron and his friends
were very much concerned about his application for
pardon. I told Col. Caldwell that the President was
not disposed to favor applications for conspicuous
persons who had been engaged in the rebellion. I
could not, therefore, recommend Mr. Cameron's pardon
just then. He said Mr. Cameron was in town,
and out in the passage of the Capitol. He said he
was there in attendance on the Episcopal Convention.
I asked him to request Mr. Cameron to come
in. He did so, and I received him very politely indeed.
I told him what I had just said to Col. Caldwell,
and furthermore I had no apprehension of the
confiscation of his property. This did not seem to
satisfy him, and I at last said, "Mr. Cameron, I will
obtain your pardon from the President." He seemed
much gratified at what I said, and said to me, "Governor,
please bear in mind that my father-in-law,
Judge Ruffin, who is now an old man, wishes to know
before he dies how much he is worth." I replied:
"Mr. Cameron, I am glad you have mentioned Judge
Ruffin. He and Gov. Morehead stood in the Peace
Conference like rocks for the Union. I will send
your application today, and at the same time ask the
President to send pardons to Judge Ruffin and Governor
Morehead." I have no doubt the pardons of
Judge Ruffin and Gov. Morehead and Mr. Cameron
were all granted and sent. It affords me pleasure to
Page 63
have been the humble medium through which they
were obtained.
As I have heretofore stated, much of my time was
occupied in obtaining pardons for the people of
North Carolina. Not less, I think, than twelve hundred
(1200) were obtained through me. The President
granted all for which I asked, and rejected only
four (4), which I marked to be rejected. I did not
suggest or approve, and I do not believe Mr. Dick
or any other friends suggested or approved of this
distinction made among our people, requiring certain
of them to obtain pardons for what they had done
during the war, while the great body of them were
pardoned by the terms of the proclamation (of amnesty)
itself. Mr. Johnson had decided upon this
matter before we reached Washington, but I tried to
carry out his wishes in this respect honestly, all the
while leaning to charity and goodwill towards the
persons seeking pardons. In some cases confiscation
had commenced, and in every instance on my application
the property was restored. The mere reading
of the applications sent to me was very great, and
exhausted me very much. I was robust and in good
health when I entered on my duties, but at the close
of them I was thin and sallow and weak, so intensely
had I labored, as I thought, for North Carolina.
A great many of our people regarded the State as
a sovereign State, and they had acted accordingly.
They had suffered the loss of all things but their
honor for what was called the Confederate Cause.
The statistics will show that in proportion to population
North Carolina had more men in the army
Page 64
than any other State of the Confederate States; had
more troops and did more fighting. Was she not
honest? Was she not sincere? Certainly she was.
The bones of her sons on a hundred battle fields attest
her honesty, her sincereity
and her courage. She
thought she was doing right, and she will prove as
true hereafter to the banner of the Stars and Stripes
as any like aggregation of men anywhere. Suppose
Maine had seceded and the Commonwealth of Massachusetts
had been called upon to coerce her? Would
she have done it? We know she would not.
I had thus after a very arduous service of seven
months in which I had labored, in which I had endeavored
honestly and sincerely for the good of the
whole people of North Carolina approached the
period in November, when an election for Governor
took place. I was a candidate for election myself,
at the request of my friends, and the friends of the
President, and a large number of friends in the Convention
called to frame the new Constitution for the
State.
On the 14th of October, 1865, the following correspondence
took place:
"Raleigh, October 14, 1865.
"Hon. W. W. Holden,
Sir: The undersigned
members of the State Convention
of North Carolina, fully appreciating your
earnest and effective efforts for restoring our State
to her constitutional relations with the Federal
Government, and being desirous that restoration
should be completed by one under whose guidance it
Page 65
has been so auspiciously begun, respectfully request
that you will allow your name to be placed before
the people of North Carolina for the office of Governor
at the ensuing election.
Very respectfully yours,
Lewis Thompson, A. H. Joyce,
John Pool, Tod R. Caldwell,
L. S. Bingham, John B. Odum,
J. M. McCorkle, J. A. McDonald,
G. P. Moore, Henderson Adams,
Robert Love, Thomas Haynes,
A. R. McDonald, W. T. Faircloth,
A. H. Jones, A. B. Barnes,
Bedford Brown, James R. Ellis,
William Sloan, James Rumley,
R. M. Henry, Simon Godwin,
Samuel Forkner, Robert P. Dick,
D. G. McRae, J. W. McAuley,
G. W. Gehagen, George W. Dicky,
G. W. Brooks, William H.Harrison,
C. L. Harris, J. Q. A. Bryan,
R. P. Buxton, G. W. Bradley,
G. W. Logan, H. A. Hodge,
R. Swann, E. B. Lyon,
William Barrow, R. J. Williams,
Thomas Settle, D. Kelly,
John Norfleet, R. W. King,
G. Garland, R. S. Donnell,
W. G. B. Garrett, Eugene Grissom,
H. McGehee, S. P. Smith."
Page 66
"Raleigh, October 17, 1865.
"Gentlemen: Your
letter of the 14th inst., requesting
me to be a candidate for Governor at the
election to be held on the 9th of next month, has
been received. I beg to assure you that I am very
grateful for this proof of your esteem and confidence.
"I did not seek the place I now occupy, nor have I
sought a nomination for election by the people. I
have been content to do my duty to the best of my
ability under the instructions of the President, and
to leave my conduct to be judged by an intelligent
and indulgent people. I do not fear that judgment.
"My duty has been, in many respects, new, unusual,
and very onerous. I had no lights to guide me
in the work of reorganizing and reconstructing an
American state, save the instructions received from
time to time from the President; and necessarily
those instructions have been only of a general character.
My paramount concern has been, so to do
that part of the work assigned to me as to secure the
restoration of the State to the Union at the earliest
practicable period. To what extent I have succeeded
in this respect it is for the people to say. I can only
declare, as I most solemnly do, that I have labored
with an eye single to the good and the glory of North
Carolina; and that, whatever may be the decision of
the people on the 9th of November, I shall always
possess the consciousness that I am a faithful and
devoted son of our dear old State, and that I have
labored with zeal, and with what success my poor
faculties could command, to improve the condition
Page 67
of her people, and to restore her to her appropriate
and natural position in the Union.
"Gentlemen, it is not agreeable to my feelings in
a crisis like the present, when everything dear to
us depends upon union and harmony among ourselves,
to speak of parties. I deprecate faction and
bitter party spirit as the bane of the Republic. The
evils we are now suffering, with all the calamities
that have befallen us, may be traced to this source.
As Provisional Governor of the State, in all I have
said and done, I have known no party but the sincere
friends of the Union. I am neither a Democrat
nor a Whig. Both these parties were buried in the
grave of the rebellion. All I can say is I am a
North Carolinian, heart and soul. "I am an American,"
the proudest expression that can issue from
human lips; and while I hold with Andrew Jackson
and Henry Clay, that the people are the source
of all power in this country, and alone entitled to
rule, I declare that the only party to which I belong
is the National Union party, composed of the best
element of the old parties, of which Andrew Johnson
is the head.
"If elected Governor by the people, I will do everything
I can to promote the prosperity and the happiness
of North Carolina, and to secure her return
at the earliest possible moment to her place in the
Federal Union.
"With many thanks, gentlemen, for the confidence
you have reposed in me, and for the flattering manner
Page 68
in which you have been pleased to allude to me
in your letter, I have the honor to be
"Your most obedient servant,
W. W. HOLDEN."
My opponent was the Hon. Jonathan Worth, from
the County of Randolph, who was my State Treasurer.
I made no speeches, and did not electioneer
for the office. Gov. Worth made no speeches, but
remained in his office, and said nothing to me about
his candidacy, but he and his family were understood
to have been very active in the campaign. However,
he resigned his place as treasurer (during the campaign)
and Dr. William Sloan, of Gaston County,
succeeded him.
I have not the vote in full for Governor, but Gov.
Worth's majority over me was about six thousand
(6,000), and the returns of the election in the various
counties will show that I was supported mainly
by the old Union men, and he for the most part by
the Secessionists of the Democratic party. For example,
Bladen, Brunswick, Caldwell, Catawba, Cumberland,
Cleveland, Duplin, Edgecomb, Franklin,
Halifax, Mecklenburg, New Hanover, Orange, Pitt,
Rowan, Rockingham, Wayne, Warren, Wilson, gave
majority for Gov. Worth. Bertie, Burke, Buncombe,
Caswell, Chatham, Greene, Harnett, Henderson,
Johnson, McDowell, Randolph, Rutherford, Surrey,
Wake, Stokes, Wilkes, gave majority for Holden.
The County of Wake gave Holden 1,702; Worth 453.
The County of Randolph gave Worth 640; Holden
652. The County of Forsythe gave Holden 68;
Page 69
Worth 1,110. This was owing to the fact that Holden
sent to the Convention as Provisional Governor
the telegram from President Johnson advising that
body that it was indispensable to repudiate the rebel
debt, including State Treasury notes. The same
County of Forsythe voted for me for Governor in
1868, by 800 majority. Both her delegates, Messrs.
Starbuck and Lash, were for paying the rebel debt.
Soon after my defeat I received the following letter
from the President:
"Washington, November 27, 1865.
"Accept my thanks
for the noble and efficient manner
in which you have discharged your duty as Provisional
Governor. You will be sustained by the
government.
"The results of the recent elections in North Carolina
have greatly damaged the prospects of the State
in the restoration of its governmental relations.
Should the action and spirit of the legislature be in
the same direction, it will greatly increase the mischief
already done and might be fatal.
"It is hoped that the action and spirit manifested
by the legislature will be so directed as rather to
repair than to increase the difficulties under which
the State has already placed itself.
ANDREW JOHNSON,
President of the United States."
In November, 1881, I wrote a number of articles
Page 70
for the Raleigh News and Observer, which I beg
leave to reproduce entire. They contain many things
which I desire the people of the State to know.
LETTERS FROM GOVERNOR HOLDEN.
(Cor. of The News and Observer.)
Raleigh, November 24, 1881.
Capt. S. A. Ashe: - I
have examined carefully
Major John W. Moore's School History of North
Carolina, revised and enlarged, adopted by the State
Board of Education, and published by Messrs. Alfred
Williams & Co.
I have no wish to appear before the people of the
State. I could not ask anything at their hands if
I would, for, as Mr. Moore nervously states it in his
forty-first chapter, I have been "declared incapable
of holding any further honor or dignity in the State."
Yet I ask to be heard while I attempt a few corrections
in Major Moore's History which concern myself
and others. I will do this in no carping or complaining
spirit, and I will not have a controversy
with any one. The whole people of the State, and
especially the youth of the State, are interested in
having its history correctly written. The form and
pressure of the time may be correctly outlined, but
if the details are incorrect, or only partially presented,
or if the writer seems to favor one class more
than another, or to champion his side, then to this
extent the book which is called a history is incomplete.
I do not say that Major Moore has deliberately
presented or omitted details which are
Page 71
so necessary to the truth of history, or that he has
been consciously governed in writing by party or
sectional feeling; and with this disclaimer, which
is certainly sincerely made, I feel the more free in
discussing certain statements in his history, to speak
with candor and plainness, as I am sure I shall, with
respect and courtesy.
On page 232 of Major Moore's history, a statement
is made that "a few men who had been his
(Governor Vance's) warmest friends two years before,
were found opposing him. These composed a
small fragment of the people, and William W. Holden
of Wake, was their candidate. He was editor
of the Standard, a newspaper that had, in years past,
been extreme in Southern proclivities, but of late Mr.
Holden had advocated North Carolina's withdrawal
from the Confederacy, and the making of separate
terms with the powers at Washington. Governor
Vance, and most of the people in and out of the
army, opposed this project as dishonorable and unjust
to their compatriots of other states."
Without saying what the character of the Standard
was previously to 1860, I state that during the year
I joined with the great body of the Whigs of the
State in efforts to preserve the Union; but that the
Unionists of the State, the bulk of whom afterwards
became Conservatives and "peace" men, did nothing
that can be justly characterized as "dishonorable."
These men, known as Conservatives, elected Governor
Vance Governor by an immense majority in
1862; and throughout the campaign which terminated
in his election he was denounced by the Democrats
Page 72
and the Democratic press as a traitor to the
Confederacy, and a submissionist to Northern
aggression, though he was at the same time gallantly
baring his bosom to the bullets and bayonets of the
Union armies. But as a "peace" man, after July
1863, I urged that this State alone, or with other
Southern States, should negotiate for peace on honorable
terms with the general government, as it
seemed to be clear that Mr. Davis would not in any
event attempt to negotiate; and as it also appeared
to be clear that if the war went to its end our subjugation
was inevitable. In this I was sustained by a
large majority of our people, until Governor Vance's
Wilkesborough speech on the 22d of February, 1864.
I have no doubt I have made numerous mistakes
as a public man, but I am satisfied that I made no
mistake in the course I pursued for the last year or
two of the war as a "peace man." Indeed, Major
Moore himself says, on page 230 of his history:
"The siege of Petersburg went on, and the sad
news of General Early's defeats in the valley came
ever and anon to add fresh sorrow and despair to
the South; but with a blind and desperate disregard
of the situation, no hand was lifted to stay the slaughter
or make terms amid so many combatants."
This is very strong language. In the midst of
these scenes of "sorrow and despair," was it "dishonorable"
in the "peace" men of this State to lift their
hands to "stay the slaughter" and make terms of
peace with the advancing conqueror? North Carolina
had very reluctantly followed her compatriots of
the Southern States in resisting the authority of the
Page 73
Union. The chief corner stone of the Confederacy
was the right of secession. North Carolina was,
therefore, a sovereign State, and had a right to do
whatever she deemed best for the protection and
prosperity of her people. The adherents of the Confederacy
to the last and the "peace" men were
equally honest and patriotic. Both classes fought to
the last. And I believe it to be a fact that two-thirds
of the soldiers of North Carolina sent to the
field had been Union men.
If I foresaw the awful scenes of "sorrow and despair"
referred to sooner than others foresaw them,
and raised my voice for peace in time to avert those
scenes, if my voice had been heeded, am I to be censured
for it?
On page 249 Major Moore speaks of Andrew Johnson
as having "gained position in the courts of Tennessee."
My recollection is that Mr. Johnson never
practiced in the courts.
On page 251 Major Moore says that in 1868, "by
orders of General Canby, Governor Holden was
again restored to the chief magistracy." This statement
is calculated to mislead the student. It is true,
in the preceding paragraph Major Moore refers to
the "election in 1868," but he omits the fact that I
was elected by the people by nearly twenty thousand
majority, as the first civil Governor after the war,
over Thomas S. Ashe, now a Supreme Court Judge.
I was not, therefore, "restored" to the office by General
Canby, but I was elected to it by the people. I
had been Provisional Governor for seven months in
1865, and Governor Worth succeeded me, chosen by
Page 74
the people; but Governor Worth was as much under
the Federal power as I was in 1865. It is true, as
Major Moore states, that Governor Worth contended
"for legal protection for the people against the interference
of military commanders and courts-martial,"
but he contended in vain so far as power was concerned,
as I did in 1865. The records of the Executive
office show many able arguments in my name,
written by Col. Tod R. Caldwell, then one of my
aides, afterwards Governor, to convince the military
that we ought to be allowed to try State criminals in
our own courts.
On page 246 Maj. Moore says that in 1865 "Governor
Holden continued Judges Pearson and Battle
in their places as Supreme Court Judges, but replaced
Judge M. E. Manly by Edwin G. Reade, of
Person." The fact is, I appointed no Supreme Court
Judges in 1865, but I appointed the following gentlemen
Superior Court Judges: David A. Barnes,
Edward J. Warren, Daniel G. Fowle, Ralph P.
Buxton, Robert B. Gilliam, Edwin G. Reade,
Anderson Mitchell, with Sion H. Rogers as
Attorney-General.
On page 245 Maj. Moore says: "When the Provisional
Governor had entered upon the discharge of
his official duties, he and the Treasurer discovered
that North Carolina was reduced to a small supply
of cotton as the sum of her available means to discharge
the current expenses of the new government.
This last resort was seized by the agents of the
United States, and, to Gov. Holden's pathetical appeals
for its release, the Secretary of the Treasury
Page 75
and President Johnson proved deaf and inexorable."
Now the facts are these: As the result of appeals
to President Johnson while I was in Washington in
May, 1865, he did for this, his native state, what he
did for no other Southern State. He authorized me
to collect and sell all the cotton, resin, wagons, horses,
mules, and indeed all the property which had belongd
to Gov. Vance's war department, and use the
proceeds in the work of "restoration," as he called
it. He also, as the result of a cogent argument written
for me by the lamented John A. Gilmer, and
copied and forwarded by me, released to the private
stockholders the Piedmont railroad from Danville
to Greensboro, which was then in process of confiscation
by the general government as a Confederate war
road. Governor Worth, who was Treasurer, collected
under my direction and sold the property thus
given by President Johnson to the State at my request.
The amount realized for it in cash was about
one hundred and fifty thousand dollars. This
amount, with seven thousand five hundred dollars
allowed me by President Johnson for office expenses,
sufficed for all State expenses for seven months. The
amnesty oath was administered throughout the State,
all the cities, towns and counties were reorganized,
the courts were held in all the counties, a convention
of the people, and a legislature was elected and
held, and, on going out of office on the 29th December,
1865, I left of this amount in the hands of the
new Treasurer, Hon. Kemp P. Battle, as the records
will show, the sum of forty thousand dollars for current
State expenses.
Page 76
Andrew Johnson loved his native State. It was
not necessary to make "pathetic" appeals to him to
influence him to show even special favors to North
Carolina.
Very respectfully,
W. W. HOLDEN.
Raleigh, November 29, 1881.
Capt. S. A. Ashe: -
On page 232 of his history
Maj. Moore says:
"The persistency of President Davis, at Richmond,
in refusing to make overtures to Mr. Lincoln,
in order to break the force of the coming overthrow,
led to secret propositions by certain members of the
Confederate Congress from other States, in which
they besought Ex-Governor Graham to approach
Gov. Vance on this subject. Gov. Vance refused to
take any part in such a scheme."
The last sentence in the above paragraph may not
be entirely just to Gov. Graham, for it may leave the
impression on the mind of the student that he approved
these "secret propositions," and was, therefore,
covertly disposed to abandon the Confederacy.
I am sure I may truly say that, after Gov. Vance's
Wilkesborough speech, which separated him and myself,
Gov. Graham stood by him unflinchingly to the
last. But I think he had misgivings as to his course.
I remember vividly a protracted interview in the Executive
Mansion between Gov. Graham, Gov. Vance
and myself, in August, 1863. The conversation
Page 77
lasted two hours. It might not be proper to repeat
all that was said on the occasion. The utmost candor
was shown by all of us. Mr. Satterthwaite, of
Beaufort, was present. He is dead, and Gov. Vance
and myself are the only survivors. I believe I may
truly say that, in this conversation Gov. Graham
agreed with me rather than with Gov. Vance. It is
probable that Gov. Graham took no active part for
State action looking to an honorable peace, because
he hoped and believed that Mr. Davis himself would
make overtures for peace. I have it from a distinguished
ex-member of the Confederate Congress
from this State, that at Gov. Graham's request he
sounded Mr. Davis early in 1865 as to his final purpose
in this regard, and that the answer of Mr. Davis
was, and given with emphasis, "I will never accept
any peace short of the independence of the Confederacy."
When this answer was reported to Gov.
Graham, he said, "then Mr. Davis has deceived me."
The demand for an honorable peace flashed like
fire throughout this State in August and September,
1863. Within eight weeks one hundred peace meetings
were held, composed mainly of men who had
elected Gov. Vance. These meetings tested Gov.
Vance's native firmness. He was not moved by
them in his steadfast adherence to the Confederacy.
It has been said that these meetings led to desertions
from the army. But the "peace" men had no such
purpose. The Standard files will be searched in vain
for any intimation even that North Carolina soldiers
should desert their colors. The motto of the "peace"
men, which I received from the lips of John A. Gilmer,
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was, "Let us fight and talk for peace at the same
time." North Carolina was at that time at fever-heat for
peace, and I think it more than likely that these
meetings were safety valves to the Confederacy; for
the people at home, having expressed their views and
opinions, and finding that nothing could be done to
arrest the war, relapsed into their condition of suffering
and endurance, and "waded deeper" as Maj. Moore
said on page 230, "into the crimson flood." Indeed, the
exmember
of Congress to whom I have referred, and
who was a good Confederate, told Mr. Davis that if
something was not done by him looking to peace, North
Carolina could not be held to her place in the
Confederacy.
Under the head of 1867 and 68 I quote as follows,
from pages 250 and 252: "In society there was great
confusion in the presence of two rival secret societies.
These were known as the Union League and the Ku
Klux Klan. The negroes and a few white men
belonged to the former, and, in those sections of North
Carolina where the Regulators of old were found, the
famous White Brotherhood or Ku Klux also became
numerous during the years subsequent to the advent of
their rival.
"The year closed in with apprehension to all classes
in the South. The new State governments were greatly
disturbed by the Ku Klux, and in the pandemonium of
bribery and corruption developed in the different
assemblies was justification for the fears of the men
who, in the reckless appropriations, foresaw ruin to all
material interests of the State."
It is not my purpose to defend the Union League
Page 79
or to assail the Ku Klux Klan. It is sufficient to say that
the former was comparatively harmless, and was
unarmed, and that the latter was armed. I was myself
at the head of the League in this State, and the
violations of law complained of were without my
knowledge and against my orders. The rituals of this
order were freely distributed everywhere, and those
who read them will remember that they simply
inculcated what was then known as loyalty, with
industry, especially among the colored people, and
obedience to law. The day before I took the oath of
office of Governor in Capitol Square, I resigned my
position as chief of the League in this State, because I
could not have on my conscience my oath as Governor
and at the same time an oath binding myself to a secret
political society. I have not, since that day, attended and
League meeting. My correspondence as Governor, in
1870, with Captain Pride Jones, of Orange, which is of
record, will show that I deprecated all secret political
societies, and that I did not, while I belonged to one of
these societies, proceed to put down another one of
them, namely, the Ku Klux. Maj. Moore is mistaken in
assuming that the Ku Klux were for the most part
numerous in the ancient territory of the Regulators. It is
true, if my recollections be not at fault, that the
Honorable John W. Norwood stated in the Senate, in
1873, that there were, or had been eighteen hundred Ku
Klux in the County of Orange; but this order existed, as
I think, in a majority of the counties, and, as some of the
members of it swore before the courts, the number was
not less than forty thousand in the State.
Page 80
Maj. Moore states the fact that the new State
governments were greatly disturbed by the Ku Klux.
He also does me the justice to state that, in repeated
proclamations I demanded that violence should
cease. This I did in five proclamations and in numerous
letters and orders, for the space of eighteen
months, from October 1868 until June 1870; but
all my appeals for law and order and peace addressed
to both parties, were in vain. One of two courses was
before me: Either to enforce the law with a strong
hand, and thus make the fight of the sword, and not
the use of it, as I did, the instrument for restoring
civil power; or to resign my place and skulk from
my oath and my duty into retirement. I could not
do the latter, and hence I acted. I have no doubt
I made blunders and mistakes in some of the means
which I employed to suppress the Ku Klux, but let
me ask, did the Union and Confederate commanders
make no mistakes in their operations during the
late war?
Maj. Moore would leave the impression, on page
255, that there had been "great improvement in
peaceful relations" until May, 1870, when Senator
Stephens was murdered in Caswell court house, and
said "on the publication of the news of the murder
of Mr. Stephens, Gov. Holden hastened to carry out
the intention of the framers of this (the Shoffner)
statute." He adds significantly, on the same page,
"the election was to occur on the first Thursday in
August."
I am obliged to the historian for these statements,
because they enable me to state a fact hitherto
Page 81
unknown to the people of the State. Governor Graham
dwelt much in the impeachment trial on the fact that
I began my military movement only a month before
the August election; and he thence drew the inference
that my purpose was to influence the election
thus near at hand. The Senate or impeachment
court had ruled that no witnesses outside of the two
counties in insurrection could be heard in evidence.
The Legislature had appropriated seventy thousand
dollars to be used by me in enforcing the law. If
the Hon. David A. Jenkins, the State Treasurer,
could have been heard as a witness, he would have
sworn that it was my wish to begin the movement at
least two months before the election; that he had no
funds in hand at that time that I could use; and that
he notified me on the first of July that he was in
receipt of ninety thousand dollars, dividends from
the North Carolina Railroad and that I could have
the seventy thousand from the amount thus received.
I think this explains the matter to the satisfaction of
every fair-minded man. My recollection is that
W. R. Albright, Esq., of Alamance, swore before the
impeachment court or before the court in chambers,
that he had told me a week or two before the election
that while he approved my course, yet the shock to
the people of the State was so great as the result of
my course that he feared the result would lose the
State; and that I replied in these words: "I do not
care how the State goes, if by what I am doing I
shall save one human life." I declared that all I
desired was a free ballot and a fair count; and that
I was moved solely in what I did by a wish to protect
Page 82
life and property; to protect the poor and the
humble as well as the rich, and that, too, without
regard to race or party.
Thanking you, Sir, for your kindness and courtesy
in publishing my letters, I am
Very respectfully,
W. W. HOLDEN.
GOV. HOLDEN On MOORE'S HISTORY.
(Cor. of the News and Observer.)
Raleigh, December 6, 1881.
Capt. S. A. Ashe: - I
have read your comments on
my first and second numbers. Maj. Moore and myself
are trying to write a little history. It is not
my purpose to write politics, or to assail or defend
any party formerly or now in existence. We want
the truth of history; and men who have heretofore
differed in politics, and who now differ, should each
contribute his mite to the presentation and perpetuation
of this truth. It is North Carolina who is concerned
in these discussions, and not party politics.
On page 251 of his history Maj. Moore says:
"The Legislature, elected under the recently
adopted constitution, met on January 14, 1868."
Now, Gov. Worth was still Governor on January 14,
1868. I have before me the journal of the two
houses for the first session of the Legislature, from
which it appears that that body assembled on the
first day of July, 1868, in pursuance of a proclamation
issued the morning of that day by myself as Governor.
On this day Gov. Caldwell for the first time
Page 83
assumed his duties as presiding officer of the Senate,
and in the House of Representatives Joseph W. Holden
was elected speaker.
But Maj. Moore says this Legislature was "composed
principally of colored men and citizens from
the North who had lately taken residence in North
Carolina."
The Senate consisted of fifty members, and the
House of one hundred and twenty. Thirty-eight
Senators appeared in their seats on the first day, and
I have traced eight more Senators through the journal.
Of these forty-six Senators thirty-three were
natives, nine were adopted citizens and four were
colored. On the first day one hundred members of
the House appeared in their seats. Of these one
hundred, seventy-five were natives, eleven were
adopted citizens, and fourteen were colored. Thus,
of one hundred and forty-six members of the two
houses, one hundred and eight were natives, twenty
were adopted citizens and eighteen were colored.
On page 247 Maj. Moore says: "In the Southern
elections that were held, every man was required to
take oaths of allegiance and for the support of the
amended Federal constitution."
This is true. But it might have been as well if
not better for the instruction of the rising generation,
if Maj. Moore had added to the foregoing something
like the following: The Southern people had honestly
chosen to renounce their allegiance to the Federal
government. It was natural, and has always been
usual, for a people thus situated to renew their oaths
as the Southern people did. They could not have
Page 84
been good citizens of the restored Union with the old
Confederate oaths upon their consciences.
But Maj. Moore adds:
"A vast majority were resolved to support the
Union in good faith, and were satisfied that the results
of the war were providential and for the best,
but, unhappily, this was not so understood by Thaddeus
Stevens and the men who controlled legislation at
Washington. They were impressed with the
belief that only hostile sentiments actuated Southern
white men, and, therefore, the proper policy left to
Congress was to confer political power upon the negroes,
and in that way establish a new system of
rule and social life in the States lately in revolt.
This was a great and cruel mistake in policy. It was
not only impossible in execution, but was to entail
trouble and suffering on both races thus put in antagonism.
It could not be expected that the white people
living in the same region with colored rulers
would quietly submit to their domination, even if
such rulers had been equally intelligent and socially
respected."
The people of North Carolina had rejected President
Johnson's plan of reconstruction on the white
basis. They had also rejected the Howard amendment,
under which they could have returned to the
Union, as Tennessee did. Nearly three years from
the close of hostilities had elapsed, and we were still
under provisional forms, with the national military
paramount. What was to be done? In a conversation
had with Thaddeus Stevens, in December,
Page 85
1866, he told me he thought it would be best for the
South to remain ten years longer under military rule,
and that during this time we would have Territorial
Governors, with Territorial Legislatures, and the
government at Washington would pay our general
expenses as territories, and educate our children,
white and colored. I did not want that state of
things in North Carolina. I did not want to run the
risk of a practical confiscation of our property to
pay the expenses which would have been entailed
upon us by these military governments. I did not
want North Carolina to cease to exist as a State. I
confess I feared confiscation of property to a greater
or less extent, especially as President Johnson had
said to me in May, 1865, "I intend to confiscate the
lands of these rich men whom I have excluded from
pardon by my proclamation, and divide the proceeds
thereof among the families of the wool hat boys, the
Confederate soldiers, whom these men forced into
battle to protect their property in slaves."
Besides, the colored people were free by the act
of God. They were men like ourselves. Could we
have reconstructed the shattered Union on a basis of
justice and peace, and left them under our feet, peons
and surfs? What shadow even of political or judicial
or civil justice would they have received, if they
had been refused the right of suffrage, and had been
excluded as witnesses from the courts?
So far as the "social" aspect of the matter is concerned,
that settles itself. I have never advocated
"social equality," as it is called, among either the
whites or the blacks, or between the two races. There
Page 86
is no equality of a social character among the whites,
and there is no equality of a social character among
the colored people. Each race has its own distinct
and separate society. There is no trace of
"social" or "negro equality" in things purely social
in the reconstruction acts or in the Federal constitution.
If the white people of North Carolina are
suffering "socially" because the white man and the
colored man stand on the same footing politically and
civilly, the fault is with themselves. The colored
people will not seek to place themselves on the same
footing socially with the white people unless they
are encouraged by the latter so to do. Therefore,
political and civil equality constitute one thing, and
social equality another.
Maj. Moore complains of "a great and cruel mistake
in policy" in reconstructing the Southern
States. Allow me to say that up to 1860 the South
had full control of the Federal government. Let us
suppose, that, during this period, the eastern or northern
States had seceded or revolted, and the South,
having possession of the common government, had
subjugated or conquered them, would the South have
allowed them to return to the Union on their own
terms? Would we not have been a little hard on
them?
On page 255 Maj. Moore, referring to the arrests
made by my order, in 1870, says:
"In some instances persons thus seized were hung
up by the neck, or otherwise treated with great brutality."
The above statement is calculated to produce the
Page 87
impression on the rising generation and on others
that this "hanging" and this "brutality" resulted
from my orders as commander-in-chief. It is due
to the history of the State, as well as to myself, that
I should state the facts, which are as follows: Two
cases of this kind were brought to my attention. I
was as much surprised at this "hanging up," and as
indignant at it as anyone could have been. All my
orders, verbal and written, were that all persons
should be treated humanely and protected from insult
and injury. One of my officers, in order to extort
confession from supposed Ku Klux, had put a
rope around the necks of two men, one a Mr. Patton,
of Alamance, and one a young man whose name I
will not mention. I sent for Mr. Patton. He at once
reported himself to me at Raleigh. I directed him
to stop at the National Hotel, which he did, remaining
a day or two, I paying his bill out of my private
pocket. He told me all about it. He was much
frightened but not hurt in his person. I did not
see the young man above referred to until he appeared
as a witness against me in the impeachment
trial. He denied positively that he was a Ku Klux,
and told the story of his "hanging" with such particularity
and pathos that the hearers were moved to
pity for him and indignation towards myself. It
turned out, about one year after this, civil law having
been restored to Alamance by my action, that the
grand jury of that county, consisting of thirteen Republicans
and five Democrats, found a bill against
him and fourteen others for the murder of Wyatt
Outlaw. He fled to Tennessee. In the autumn of
Page 88
1873 I was in Hillsborough, and united with the
Hon. Thomas Ruffin, now of the Supreme Court,
and James E. Boyd, Esq., in a correspondence, which
was published in the newspapers, and led to the amnesty
act soon after passed by the Legislature. One
of the grounds of appeal to me to join in the correspondence
was, that the father of this young man was
on his death-bed, and desired to see his son before he
died. The young man returned and may be now a
citizen of Alamance.
And what of the officer who did this "hanging"
without a shadow of authority from me? I ordered
him to report to me in my office in Raleigh on the
6th of August, 1870. I had meanwhile stationed
Captain Hancock, of Newbern, with a file of men in
an adjoining room, and, as soon as the officer referred
to was seated, I called for Captain Hancock and said
to him: "This man has violated my orders. Take
him to camp, and confine him in a tent under guard,
and deny him the privileges usually accorded to
officers." And then, addressing the officer himself, I
said: "There are grave charges against you. I have
directed the Adjutant-General to prefer charges."
You will be tried, and cashiered from the service."
A few days afterwards the Marshal of the United
States demanded him on a civil writ. I yielded to
the civil power, and he was taken and confined in
Wake County jail until released by Judge Bond.
I beg leave to repeat what I have heretofore said,
that I have no doubt I made blunders and mistakes
in my military movement in 1870. But there is
truth in the old adage, "Desperate diseases require
Page 89
desperate remedies." And I again declare that all
I did in that movement was done with a purpose to
protect the weak and unoffending of both races, to
maintain and restore the majesty of the civil law,
and not to gratify personal feeling on my part, or
to promote party interests or party ascendancy.
I have now done with my brief comments on Maj.
Moore's history. I think I have written in a kind
and considerate spirit. I have not sought to deprecate
the book itself, or its gifted author. On the contrary,
I would commend him for his industry and
zeal, and would trust, as I do, that he will grow in
knowledge and wisdom as he grows in years. I believe
neither in Union nor in Confederate histories.
True history is many-sided, but, after all, is there
any history really true in all respects save the Bible?
Very respectfully,
W. W. HOLDEN.
It will be seen in the first letter that Major Moore
says Mr. Holden had advocated North Carolina's
withdrawal from the Confederacy, and the making
of separate terms with the powers at Washington.
This is a mistake. The Standard nowhere contained
the proposition to withdraw from the Confederacy,
but to endeavor to make terms for peace with the
powers at Washington. The foundation stone of the
Confederacy was the right of secession and after
July, 1863, I urged this State alone and with other
Southern States should negotiate for peace, on honorable
terms with the general government. I never
proposed at any time to submit to the general
Page 90
government unconditionally. The result was, as I stated
in my first letter, "both classes fought to the last."
The distinguished ex-member of the Confederate
Congress from this State referred to in my letter
dated November 29th, 1881, was Hon. R. R. Bridgers,
now deceased. In the letter dated December
6th, 1881, allusion is made by Maj. Moore to the
case of Lt. Col. Bergen, to my arrest of him on the
6th of August, 1870, and what I said to him in my
office.
Before organizing my troops in 1870 under the
Shoffner Act, I had tendered the command of the
Second (2nd) Regiment to Maj. W. W. Rollins, of
Madison County. He declined to accept the position,
and replied advising the appointment of Col. George
W. Kirk. They had both been in the service of the
United States, Kirk as Colonel, and Rollins as Lt.
Colonel. Towards the close of the war they entered
Asheville, N. C., and had control of the town. Col.
Rollins, who is still living, in Madison County,
knew Col. Kirk well as a soldier, and as a man, and
endorsed him to me. Col. Kirk, when he appeared in
Raleigh was accompanied by Mr. Bergen, an ex-officer
of the Army of the United States, and at Col.
Kirk's request I appointed him Lt. Col.
Col. Wm. J. Clarke, who commanded the First
(1st) Regiment, was stationed in Raleigh, and Col.
Kirk in Yanceyville, in command of the Second
(2nd) Regiment. Col. Kirk, on account of his
"name of terror" was sent to the two counties declared
in a state of insurrection. My great desire
was to avoid a conflict, and Kirk himself called on
Page 91
me after the work was done and said to me, "General,
I am glad your orders have been executed in
Caswell and Alamance Counties, without firing a
gun, or shedding blood." I told him he had done well,
and I was also glad that no one had been hurt or injured.
Col. Bergen, as I have already said, was under
arrest on a civil writ, and was confined in Wake
County jail until released by Judge Bond. The
morning on which he was released from jail he
called at my house and begged me to loan him money
to pay his expenses to Washington City, where his
family was. While in jail he sent for me to come
and see him. I had declined to do so. I also declined
to loan him money. I said to him: "Col. Bergen,
I am sorry for you, but I cannot aid you, as I
hear other proscripts are out for you, and I am Governor
of the State, and cannot aid you in escaping
from them by loaning you funds." James H. Jones,
a respectable colored man, was with Col. Bergen,
and urged me to loan him money. I replied, "I do
not mind the money, but I ought not to aid anyone in
escaping from the hands of the law." After this,
when in Washington City, I heard that President
Grant had nominated Col. Bergen to the Senate for
Consul at Pernambuco. I sent the President word
by a friend who Col. Bergen was, and he withdrew
the nomination.
Col. Kirk was also arrested on a writ issued under
the United States, and the Marshal, Col. Carrow, instead
of putting him in jail as he did Bergen, allowed
him to remain at the residence on Hargett Street of
Page 92
Mr. John H. Renfrow. They were both held in custody
until released by Judge Bond. I called to see
Col. Kirk several times. He told me he had drawn
funds from the State to pay for his officers and men,
and that neglecting his own interests he suddenly
found the appropriation of $10,000 exhausted, and
the State in debt to him $500.00 (five hundred).
His wife and his two little boys were with him. I
gave him $140.00 from my own pocket to carry them
to Freedom, Tenn. He left at midnight on the day
he was released, walked twelve miles to a depot for
personal safety, and there took the cars. I might
have drawn $500.00 to pay him what was due him,
but did not do it. It had been with great difficulty
that I had succeeded in paying the troops what they
had justly earned.
James E. Boyd, esq., was arrested at Graham
by my orders. He was a Democratic candidate for
the House of Commons from Alamance. I requested
him to report to me at Raleigh. I told him I did not
wish him to criminate himself. I accorded to him
all his legal and constitutional rights, and told him
I wished him to aid me in exposing and exploding the
secret political organization. I desired to punish no
one myself, but simply to expose and break up the
organization. Mr. Boyd acted throughout the part
of an honorable man.
Jasper N. Wood was also arrested and ordered to
Raleigh by me. He denied at first that he was a
Ku-Klux. The next day he confessed that he was. His
confession was written out by Colonel Clarke and
signed by him with Clarke and Douglas as witnesses.
Page 93
Mr. Wood was released and allowed to return home
to his family. After he had reached home, his wife
wrote me a letter tendering her thanks for the kind
manner in which I had treated him. I paid his
board at the National Hotel from my own pocket.
This letter addressed to me by Mrs. Wood was handed
in 1870 to Capt. Tom Evans, of the Hillsboro or
Milton Chronicle, to be published, but it has not yet
appeared.
Page 94
CHAPTER IV.
GOVERNOR UNDER THE RECONSTRUCTION ACTS
REMINISENCES
OF EARLY LIFE - PROTEST OF GOVERNOR
WORTH - PROCLAMATIONS REGARDING THE
KU KLUX - THE SHOFFNER ACT - CORRESPONDENCE
WITH CAPTAIN PRIDE JONES - EXAMPLES
OF EXECUTIVE CLEMENCY.
I am now an old man. I have passed my limit of
manly life, three score years and ten. I came to
Raleigh in the year 1836, a lad, not quite eighteen years
of age, and began work in the old Raleigh Star office,
still standing, as a typesetter, or compositor. I was not
a regular journeyman printer, for I had not learned to
lock up forms or do job printing. I was only a very
swift compositor. I remained in the Star office,
boarding in the family of the Editor, the Rev. Thomas
J. Lemay, for more than four years. I was a close,
hard student of books and men. During the period I
read law, mainly at night after the labors of the day
were over, and on the 1st day of January, 1841, I
obtained license in the County Courts, the Supreme
Court consisting then of Chief Justice Ruffin and
Judges Gaston and Daniel.
Mr. Henry Watkins Miller, a young lawyer, loaned
me the law books and told me what to read. Mr. Hugh
McQueen, of Chatham County, was employed by Mr.
Lemay as Editor of the Star. They were
Page 95
both kind friends to me, and encouraged me very much
in my studies. I had no time to have the benefit of an
examination at their hands. I was poor and unknown
and very ambitious. Indeed, I seemed to consume
Blackstone. In the class in which I passed before the
judges were Messrs. Calvin H. Wiley, deceased,
Robert W. Lassiter, of Granville, and George Davis,
of New Hanover, now living. There were twenty in the
class, now nearly all dead. The day we passed
examination was Saturday. The next Monday morning
I met an old friend, Captain Thomas G. Scott, then
Postmaster here. He was boarding at Mrs. Taylor's,
and so was Judge Gaston. He stopped me and said,
"Young man, I heard just now at the breakfast table,
from Judge Gaston, a good word for you." I said,
"Captain Scott, what was it?" He said, "The Judge said
the class of students who on Saturday last applied for
license was a good class, and the printer was among
the foremost." This remark of Judge Gaston did me
good for years. I went to the bar in Raleigh, and, as
was the custom, I was invited by Mr. George
Washington Haywood, who was County Attorney, to
address the Grand Jury at that term. Of course, I was
a diffident young man, and had had no training as a
public speaker, and the County Court was then a very
imposing body, and had a strong bar. I stood up and
talked off my speech, which I had carefully written,
and which was full of law terms, with such
self-possession and accuracy as to avoid a failure. Mr.
William H. Haywood, Jr., who seemed to hear me
attentively, said afterward to Mr. James B. Shepard,
Page 96
who said to me, "Holden, Mr. Haywood says you are
a clever young man." I did not perceive the full
meaning of the word "clever," when Mr. Shepard
added, "Oh, he meant this, that you are a young
man of promise, using the word clever as it is used
in England." This also greatly encouraged me.
Hence I have always been a friend to young men
and helped them whenever I could.
The very best charge to a grand jury which I have
heard from a member of the bar was that by Mr.
Kemp P. Battle subsequently in the same court.
At the June term of Granville County Court of
the same year, I repeated my charge to the Grand
Jury of Granville County.
On the second day of April, 1882, nearly eight
years since, I was paralyzed. By the blessing
of God I had so far recovered as to be able to write
clearly and legibly for four years, and since that
time my physical weakness from paralysis has so
grown upon me that what I write cannot be read,
consequently I dictate this paper, and my daughter
writes it down. I state this that the reader may be
aware of my difficulty, owing to my infirmity.
But I thank God that my mind is as strong as ever.
On the first day of June, 1843, I became the
owner and Editor of the North Carolina Standard.
I was still poor. I went in debt for the purchase of
that paper, $2,000. The Democratic Party was not
more than eight thousand in number. In a social
sense the Democrats of the State were regarded as
no better than the scalawags of modern times. The
Whigs were mainly in the towns and villages, and it
Page 97
was claimed that they possessed a large portion of
all the "intelligence and all the decency," while the
great bulk of the Democrats were, in the eye of society,
ignorant and awkward. The Democrats, too,
were understood to be opposed to common schools and
internal improvements, while the Whigs were the
liberals and in favor of both. Since the remodeling
of the Constitution in 1835 the State had been Whig,
and the prospect of success by the Democratic Party
was dim and uncertain. My subscription list at the
time was eight hundred, and my advertising patronage
about two columns. The circulation of the paper
was greatly reduced, and business men, especially the
Whigs, did not wish to support the organ of the
Democratic Party. For six months the subscription
list stood still, neither advancing or receding. Meanwhile
I had engaged several very able writers who
wrote anonymously for the paper, and I had also
written the numbers for the paper known as the
"Mysteries of Coondom Revealed," which were designed,
as they did, to set forward in a ridiculous
light the leaders of the Whig Party. It is true I
was comparatively a stranger to my readers and to
the people of the State, but at the end of the six
months referred to I perceived a sudden and great
quickening in my subscription. I realized the fact
that the Democratic Party trusted me thoroughly
and fully. Within seven years after I had taken
charge of the Standard I had paid my debt of $2,000,
mentioned heretofore. I had paid for my house and
lot, $1,350; bought a new outfit for my paper which
presented the finest appearance of any sheet in North
Page 98
Carolina; and had on deposit in the Cape Fear Bank
$5,000 with which to build my present residence.
After this, under Reid and Bragg and Vance, I had
the public printing, and my office cleared between
1850 and 1860 $8,000 per annum. I was thus wonderfully
prospered and blessed.
The Democratic Party of the State with Reid as
Governor was greatly advanced, and prospered. This
continued while Whiggery declined. By 1857, because
of the sectional contest for the presidency in
1856 between Fremont and Buchanan, a marked
change in politics, especially in the South, was apparent,
and the Democratic Party was thought
to be truer to slavery than the Whig Party, and the
result was that the Democratic Party constantly increased
in numbers, until at last it evinced its
ascendancy over all opposition by the action of the
Charleston and Baltimore conventions. It had had
the Union of the States in especial charge and keeping,
but by its action just mentioned it paved the
way for its temporary destruction.
In 1868 under the Reconstruction Acts, I was
elected Governor for four years by the following vote:
Holden, 92,235; Thomas S. Ashe, of Anson County,
73,594; Holden's majority, 18,641. I did not seek
the nomination. It came to me freely and unanimously.
On the fourth day of July, 1868, I delivered my
inaugural speech to a vast audience in Capitol
Square. In this, among other things, I said:
"The Constitution provides for organizing and
arming the militia to 'execute the law, suppress
Page 99
riots or insurrections and repel invasions.' The
opinion of Washington, uttered in 1790, that a 'free
people ought not only to be armed, but disciplined,'
and that a 'well organized militia is certainly an
object of primary importance, whether viewed in
reference to the national security, to the satisfaction
of the community, or to the preservation of order,'
is not less weighty or important now than it was then.
The militia should be organized at once. It is the
duty of the Executive to see that the laws are faithfully
executed and to preserve peace among the people.
This duty will be performed promptly, fearlessly
and firmly. Every citizen must submit to
lawful authority, or refusing to do so, must expect
the penalties of the violated law. In the language
of our great General, second only to him who was
'first in war, first in peace, and first in the hearts of
his countrymen,' - 'LET US HAVE PEACE!' The
sword, which would not have been drawn but for the
criminal folly of the recently insurgent States,
should never again be wielded by Americans against
Americans. Every interest that is dear to us, and
every hope that we may indulge for the future, is
indissolubly bound up with peace and tranquility
among ourselves. But there can be no peace without
law, and there can be no efficacy in law without obedience.
The law is over all. The poor and the humble
should be protected to as full an extent as others.
They need more than others this protection. Every
one must be free to use what is his own, not trespassing
on the rights of others; to follow his particular
calling or employment; to labor, and to enjoy the
Page 100
fruits of his labor; to speak freely his sentiments
and to vote as he pleases, and not to be injured or
questioned by any one for doing any of these things.
The people of North Carolina are proverbial for
their law-abiding disposition. It is not apprehended
that disturbances will arise, or that combinations
will be formed to resist the laws; yet it is known that
many hold the opinion that the reconstruction laws
of the United States are unconstitutional, and therefore
null and void; and it may be that this may lead,
if not to open resistance, to a forcible denial in some
localities of the rights guaranteed by the Constitution
of the State, formed and adopted in pursuance of
said laws. It is also known that a disposition exists,
among no inconsiderable portion of our population,
to oppress the poor whites and the colored race on
account of their political opinions. The magistrates
and the courts will be sustained by the whole power
of the State, in such action as may be deemed necessary
to protect those who may be thus wronged or
oppressed; and the magistrates and the courts will
be sustained by the whole power of the State in giving
effect to the Constitution itself, as having been
fairly, justly and properly adopted, and as binding
in all respects on every citizen until changed or
modified in the mode prescribed in the instrument
itself. Differences in political sentiment are to be
expected, and are not calculated in themselves to endanger
the State; but a purpose to subvert the Government,
on the assumption that it is not properly
derived, has not been constitutionally adopted, and
is illegitimate and not binding, should be narrowly
Page 101
watched and promptly checked on the first manifestation
of any overt act on the part of those cherishing
such purpose. The Constitution of this State is,
under the Constitution of the United States, the
supreme organic law. The Government which it establishes,
and the laws passed in pursuance of it, will
be maintained and enforced. To render resistance,
therefore, impracticable, if not impossible, and to
maintain the peace by executing the laws in a spirit
of justice to all, it is deemed essential that a portion
of the militia should be well disciplined and armed,
and should be thus ready at any moment, under the
orders of the commander-in-chief, for active duty.
* * * * *
"Fellow-citizens, let us come out of the caverns of
the past, and forgetting whatever is not worthy to be
remembered, let us resolve to do our duty in our day
and time, as North Carolinians, as Americans. In
a climate and with a soil for which Providence has
done so much, let us resolve to do something for ourselves
and our children. Let us devote ourselves to
the arts of peace. Let us improve this great inheritance.
Let our children and our children's children,
when they shall come to take our places, say of us,
'Our ancestors remembered and did what was wise,
and what was good for us. Behold, the beautiful
country they have left to us! the just and equal laws
that are over us, and the hope that their work has
made strong in us that we can do even more for our
children than they have done for us.' Let us at least
unite upon the one great object of improving and
building up the State. Let us welcome capital and
Page 102
immigration, furnishing as they will the indispensable
means to our progress and prosperity. Prejudices
growing out of nativity, or out of the rebellion,
are not worthy to be cherished. Let us discard such
prejudices. We are once more Americans - all.
Let us receive with courtesy and kindness every citizen
of the Northern or Eastern States who may cast
his lot among us, and measure him as we measure
others, according to his personal and moral worth.
We cannot hope to improve our condition if we repel
capital and immigration, either by so acting as to
produce the belief that it is not safe to settle among
us on account of the want of law and order, or unpleasant,
because of rude or uncivil treatment to the immigrant.
It should be remembered that our ancestors were,
originally, as much 'adventurers' as
others. Of the three signers of the Declaration of
Independence for this State, neither was a native.
Richard Caswell, one of our greatest Governors, and
sometimes called the WASHINGTON of North Carolina,
was not a native; nor was Joseph Caldwell,
who built up our University and led the way with
Murphy, Yancey, Stanly, Saunders and others in
internal improvements and public instruction.
"We want the best people from Europe, and from
all parts of the United States to settle among us.
It is men that make a State. Let them come, with
their enterprise and money, their muscle and intelligence;
and when they get here let the rivalry be as
to who shall do the most for the good and the glory
of our beloved State.
"The government of the United States, in the
Page 103
prosecution of the war to suppress the rebellion, and in
the measures it has adopted to reconstruct the Union,
has exhibited extraordinary clemency and magnanimity.
It has taken no vengeance for the past, but
has required only security for the future. It has
deprived no man of his property save for war purposes
during the progress of the war; it has exiled
no man; it has punished no man for the crime of
rebellion. It has simply required that those who
have been in rebellion should renew their allegiance,
and that such guards should be placed in the organic
laws of the States and the nation as to prevent future
rebellion. Instead of defining or restricting suffrage
permanently, it has left it with the respective States
to be determined and settled as they may choose; and
this State, following in full measure the example of
the national government, has made suffrage free to all.
"But the war to suppress the rebellion has, in its
results, necessarily changed as it has settled the
theory of construction previously held by a large
portion of the people. Our liberties have been consolidated,
and the Union can, in no event, be dissolved.
It has to endure always. It must increase,
but never decrease. For all great national purposes
the Government of the United States is over the
States, and paramount to the States, and the allegiance
of the citizen is first due to it. There is no appeal
from the will of the nation, expressed by a majority.
Armed resistance to the national authority,
whether by individuals of their own accord, or by
individuals acting under supposed State authority
or command, is treason, and must be so held and
Page 104
treated. The doctrine of State's rights, as held by
Mr. Calhoun and his followers, has ceased to have
validity or vitality; and the teachings and doctrines
of Washington, Hamilton, Webster, Jackson, Clay
and Lincoln now constitute the true, and the only
safe theory, of construction. This has been settled,
under Providence, by the result of a solemn appeal
to arms among brethren; and he who would unsettle
this theory, thereby rendering it possible that secession
should ever again be attempted, is no friend to
his species, his State, or to the general government
of his country. The government of the United States
is no longer a feeble luminary, receiving and dispensing
light to surrounding planets; but it is a full sun,
burnt with superior splendor, pervading and holding
up to itself the entire system, and kindling new
planets into life and motion. How beneficent, how
glorious, how far-reaching will be the light it will
dispense when it reaches its meridian, we shall not
live to see, but the generations that come after us
will walk in that light, and be contented, prosperous
and happy. In the fullness of their gratitude they
will thank God, as we do, that the government of the
United States, delivered from the perils of rebellion,
and reconstructed on the basis of the equal rights of
all, is as indestructible as the earth itself, and as secure
in its position and in the exercise of all its great
powers, as
'The
Northern star,
Of
whose true, fixed and resting quality,
There
is no fellow in the firmament.'
"I have thus,
fellow citizens, stated briefly and
Page 105
plainly the great principles contained in our State
Constitution, and have frankly announced the policy
which will characterize my administration. Cherishing
neither malice nor resentment for anything
which has occurred in the past, I shall endeavor to
do my duty. I shall keep constantly in view the welfare
of North Carolina. I love the Union because
it is the first, the last, the only hope of my State; and
I love my State, because her people have been good
and kind to me, and because her sky is above my
home, as it will be above my grave. If I have enemies,
that does not make me an enemy to my State,
nor move me to a course of action based on resentment
or revenge. I follow the principles of WASHINGTON,
who founded, and of LINCOLN, who saved
the Republic; and when these principles cease to
lead, I shall cease to follow. May the God of our
fathers have us in His holy keeping; may He govern,
and not we; and may the future of our beloved State
be as bright and glorious as the last seven years have
been disastrous and unhappy."
It will be seen, that although at that time I had not
read Gov. Worth's paper, I had characterized it in appropriate
terms. I had warned the people against the
absurd assumption of Gov. Worth, that the new State
government was not legal or binding.
Having thus given my views and the principles on
which I proposed to conduct the state government, I
also, in my message to the two houses of the Legislature
under date of November 18th, 1869, used the
following language looking to the relief by Congress
Page 106
of all persons laboring under disabilities. It will be
seen that my language covers all from the loftiest,
that is Jefferson Davis, to the most obscure constable
or Justice of the Peace.
"By the fourteenth amendment to the Constitution
of the United States certain persons in the recently
insurgent States are debarred the privilege
of holding office at the hands of their fellow citizens;
but the Congress may, at pleasure, remove such disability.
There are many citizens of States which did
not engage in rebellion, who are technically exempt
from this disability, but who were not more loyal to
the government, and are not now more loyal than
many citizens of this State who are only technically
excluded from holding office. I am not able to percieve
that a citizen of a State that did not engage in
rebellion who sympathized with the pretended Confederacy,
and did all he could to discourage volunteering
and to paralyze the national arms, is more loyal
or more deserving of consideration than the Southern
Unionist who occupied some small office, not with a
view to aid the rebellion, but merely to escape conscription.
There are several thousands of persons in
this State of the latter class, who were at one time supremely
attached to the national government, and who
endeavored in every conceivable way to avoid fighting
against the government of the United States, but
who are now soured and distressed, because, by the
fourteenth amendment the very means they adopted
to avoid doing violence to their judgment and consciences
have been used to exclude them from office.
Page 107
Every citizen of this class, and every loyal citizen, is
entitled to be at once relieved by the Congress. There
are several thousands of others in the State, who are
either indifferent to the government or opposed to
the acts of Congress by which the State was reconstructed.
These persons have been sorely punished
for their acts of rebellion. Even if disposed to
thwart the action of the Federal or State governments,
they are powerless to do so. They are chafed
by the reflection that their former slaves can hold
office, while they are excluded, and their reflection
is magnified in their minds into the belief that the
national government is disposed to pursue and punish
them, simply because they had taken an oath to
support the Constitution of the United States before
they engaged in rebellion, while the obligation to
support that instrument was equally binding upon
all, and thousands upon thousands who never took
that oath, but who were as deeply and as bitterly
immersed in the rebellion as they were, are not
banned or excluded. The nation can afford to be
magnanimous. After nine years of rebellion, and
strife, and civil discord, and social disruption and
bitterness, a very large majority of the people of
North Carolina long for peace, and harmony, and
good will, and security of life and property. But
this matter is in the hands of Congress. The States
have no control over it. Let the Nation show its
power everywhere to maintain the laws, to punish
those who may resist its authority, and to sustain the
reconstructed States in securing to their citizens as
thorough freedom and as profound peace and quiet
Page 108
as exist in other States; but it at the same time
exhibits that magnanimity and mercy towards all,
which, after nine years of conflict and strife and ill will
would so admirably grace the freest, the proudest and
the greatest people on the face of the earth.
"In conclusion, Gentlemen, allow me to say that I
trust your deliberations will result in good to the whole
people of the State. Let our trust be in God, who
governs absolutely in the affairs of nations, that He
will overrule all our councils for good, and that He will
shower his choicest blessings on our beloved State."
On the 4th day of July, 1868, after the delivery of
my Inaugural, and after the remarks of Lieut. Gov.
Caldwell and Judge Reade, of the Supreme Court, I
repaired alone to the Executive office to receive from
Gov. Worth the keys of the office. I found him in the
office with his private Secretary, Wm. H. Bagley, and
one of his pages, Mr. Johnson Busbee. He received me
politely but curtly, and offered me the following paper
which he asked to be recorded in the Governor's book.
He had ceased then to be Governor, and had therefore
no right to have the paper recorded. I treated him
courteously and gently, because of his advanced age,
and because he had been the Governor of the State.
He said to me, "You have no right here as Governor,
your election is not valid, and I would resist you if I had
the power, but as I have not, I surrender the office to
you under military duress." I told him of course I would
not argue the
Page 109
question, because it was settled already by the action
of Congress and the federal government. He then said,
"You have treated me rudely." I replied: "Governor, I
have had no intention to treat you rudely or unkindly. I
have not been to your office simply because I was not
invited." "Well sir," said he, "you have called me a
liar." I replied: "I am sorry to hear you say so, and I
think you must be mistaken. Your age and your
position render it very unlikely that I would insult you."
I said to him at last: "Governor Worth, if you are
correct in your assumption that I have called you a liar
I think I can so refresh your memory that you will
percieve
that you called me a liar first. Do you
recollect, Sir, in April, 1867, after the passage of the
Reconstruction Act by Congress and the Military Bill
designed to put those acts in execution, you and Mr.
Pell and Mr. Gales, and Mr. Richard H. Battle called a
meeting at the northern front of the Capitol, and that all
of you addressed it? It was understood, though it was
not said in so many words, that you were there to carry
out the act of Congress. I was present but silent,
because it was your meeting. You had a copy of my
paper in your hand and read from it and said, 'The
editor knew when he penned that, that it was a
falsehood.'" To this he made no answer. He then
spoke of certain measures that were pending and said
he would be glad to call and consult with me about
them. I told him I would be glad to see him and consult
with him on public affairs. He then arose to go. He
looked for his pony in the yard, and said, "They have
taken my pony, too." I said, "No,
Page 110
Governor, your pony is just beyond the statue of
Washington." I walked out with him beyond the
statue and shook hands, and he mounted and rode
home.
I now give the paper which he asked to be recorded:
"State of North Carolina, Executive Department,
"Raleigh, July 1, 1868.
Gov. W. W. Holden, Raleigh, N. C.:
"SIR: -
Yesterday morning I was verbally notified
by Chief Justice Pearson that in obedience to a telegram
from General Canby, he would to-day, at 10
a.m., administer to you the oath required preliminary
to your entering upon the discharge of the
duties of Civil Governor of the State; and that,
therefore, you would demand possession of my office.
"I intimated to the Judge my opinion that such
proceeding was premature, even under the Reconstruction
legislation of Congress, and that I should
probably decline to surrender the office to you.
"At sundown, yesterday evening, I received from
Colonel Williams, Commandant of this Military
Post, an extract from the General Order No. 120, of
General Candy, as follows:
'Headquarters Second Military District,
Charleston, S. C., June 30, 1868.
'General Order No. 120.
[EXTRACT.]
'To facilitate the organization of the new State
governments, the following appointments are made:
Page 111
To be Governor of North Carolina, W. W. Holden
vice Jonathan Worth, removed; to be Lieutenant-
Governor of North Carolina, Tod. R. Caldwell,
Lieutenant-Governor elect, to fill an original vacancy -
to take effect July 1, 1868, on the meeting of the
General Assembly of North Carolina.'
"I do not recognize the validity of the last election,
under which you and those co-operating with you
claim to be invested with the civil government of the
State. You have no evidence of your election save
the certificate of a Major General of the United
States army. I regard all of you as, in effect, appointees
of the military of the United States, and not
as 'deriving your powers from the consent of those
you claim to govern.' Knowing, however, that you
are backed up by military force here, which I could
not resist if I would, I do not deem it necessary to
offer a futile opposition, but vacate the office without
the ceremony of actual eviction, offering no further
oppositon
than this, my protest. I would submit to
actual expulsion in order to bring before the Supreme
Court of the United States the question as to the constitutionality
of the legislation under which you claim
to be the rightful governor of the State, if the past
action of that tribunal furnished any hope of a
speedy trial. I surrender the office to you under
what I deem military duress, without stopping, as
the occasion would justify, to comment upon the
singular coincidence that the present State Government
is surrendered as without legality to him whose
Page 112
own official sanction, but three years ago, declared it
valid.
"I am, very respectfully,
JONATHAN WORTH,
Governor of North Carolina."
I had known Jonathan Worth a long time. After
I had taken grounds for the Union in 1860 Mr.
Worth and myself were political friends. During
the War, towards its close, I invited him to my
house one night to meet B. F. Moore, and Joseph S.
Cannon, Esqs., to advise me as friends whether I
should continue my newspaper or suspend it for a
while. They all concurred in the advice to suspend,
and I did so for a month or two. I was induced to
do so by apprehension of the effect produced on the
Confederate government at Richmond by the
misrepresentations of certain persons in North Carolina
as to the course of the Standard. The friends whose
advice I had thus asked feared that I could not continue
my paper as an independent journal without
being in danger of arrest.
Mr. Worth had been my former Treasurer, and
I was surprised to find him at the end of that year
opposing me for Governor. Our rooms were opposite,
and I saw him every day, and yet we had no
conversation on the subject. He had been a useful
and faithful public officer.
I had been Provisional Governor for seven months.
On the 29th day of December, 1865, President Johnson
retired me from the office, and accepted Jonathan
Worth, chosen by the people in my place. Under
Page 113
both myself in 1865 and Governor Worth in 1866
and 1867, and for six months in 1868, the people of
North Carolina had had a government. At the end
of that time President Johnson gave place cheerfully
to a government established by the Congress. Provisional,
or temporary government had passed away,
and the government for the future was to be a permanent
one as before the war and was to endure
forever. North Carolina was about to enter upon
a career as a self-governing State, as the equal of
New York or Massachusetts.
And now I ask the reader to examine carefully
again the protest of Governor Worth. He had taken
my place in December 1865 just as cheerfully and as
promptly as I had retired from it. Suppose, for example,
the Hon. Thomas S. Ashe had been elected
Governor in my place, would not Gov. Worth have
yielded to him at once? Would not his Democratic
friends have required it of him? Put instead of this,
he took a position in his protest that rather than
have a Governor chosen by the Republican vote, he
would have no Governor at all. Suppose I and all
those chosen with me under the Reconstruction Acts
had heeded his protest and had done what he held was
right, what would have been the result? There
would have been no Executive in North Carolina; no
Judicial and no Legislative departments; no law
and no order; no society; no people indeed, but
only natural law and the rule of the strongest and
the worst. Did Gov. Worth and his friends desire
this awful condition of things? Most certainly not.
His protest was hailed and approved throughout the
Page 114
State by his partisan friends, and to this day there
has been no condemnation of it in so many words.
But no such state of things as this would have
been permitted one moment by the federal government.
Hon. Thaddeus Stevens had proposed
to me that while I was laboring to reconstruct
the State on the white basis, to consent to
agree with him to hold this State and all
out-lying States under military rule for ten years.
During this period, he said, the negroes, who had
never taken part in self-government, would be instructed
and fitted for citizenship; the people of
the out-lying States would have territorial governments
and would be provided for by Congress as the
Territories are, and at the end of the ten years referred
to frame their constitutions as States and
thus be admitted into the Union. I objected to this
most strenuously. He said: "Well, I will present
your bills, but they will not pass. I am generally
twelve months ahead of my friends. The Senate has
already voted on Negro suffrage, and there were only
seven Senators recorded for it. In my county in
Pennsylvania there are fifteen hundred escaped
slaves. If they are the specimens of the negroes of
the South they are not qualified to vote. Twelve
months hence you will have reconstruction acts with
Negro suffrage." 1
1. According to David R. Goodloe Mr. Holden and John Pool went
to Washington in the winter of 1866-67 and advocated the reconstruction
of North Carolina without negro suffrage, but with the
disfranchisement of all whites who could not swear they were for
the Union within 100 days after Lincoln's Amnesty Proclamation
of 1863. A plan of organization on this basis was authorized by
them in a bill. This account of Mr. Goodloe fits in with the remarks
of Stevens given by Gov. Holden. See Biographical History of N.C.
Vol. 1, p. 197. (Ed.)
Page 115
Within three months after my inauguration, I
deemed it prudent and proper to issue the following
proclamation:
A PROCLAMATION,
BY HIS EXCELLENCY, THE GOVERNOR OF
NORTH CAROLINA.
"Executive Department,
"Raleigh, October 12th, 1868.
"Information has
been received at this department
that military weapons, such as repeating rifles of
various kinds, have been imported into this State,
and have been distributed with ammunition and
equipments to citizens in several localities. It is
believed that boxes containing arms, ammunition and
equipments are concealed in divers places, ready to
be distributed as opportunity may offer.
"The object of the persons thus engaged must be
either to subvert the government, to resist the constituted
authorities, or to prevent a free election in this
State on the third day of next month.
"The government of North Carolina has been lawfully
and constitutionally established. This government
has been freely and voluntarily formed by a
majority of the citizens in pursuance of acts
constitutionally passed by the Congress, under
which my immediate predecessor held office
from the 2d day of March, 1867, to the first
day of July, 1868. The constitutionality of
these acts, if questioned during this period, were
nevertheless subscribed to and maintained by him,
and by every department of the government, from the
Page 116
said 2d day of March, 1867, to the said 1st day of
July, 1868; and now that they have been executed
by the common consent of the whole people voting
under them at the polls for members of a Convention,
for the new Constitution, and for members of Congress
and State officers, the result which has been
effected closes the discussion in relation to them, and
renders the present Constitution of government as
valid and binding as were the Constitutions of 1776
and 1835.
"This government will be maintained for the following,
among other reasons:
"1st. It has been lawfully and constitutionally established
by the whole people of the State. It is
operating smoothly and harmoniously. Under it the
people are quiet and peaceable, and are just entering
anew on a career of prosperity. It must not be upset
or even assailed, because the colored people have been
allowed to vote; or because they will vote with a
certain party; or because a few public men are out
of office and a few are in.
"2d. Senators and Representatives have been admitted
by the Congress to seats in that body. The
State is, therefore, of as well as in the Union. It is
as much of the Union as New York or any other
a State out, or sever its relations with the common
government. If Congress should, therefore, do what
is exceedingly improbable, repeal the reconstruction
acts, such repeal would have no more effect than a
repeal of the act admitting Texas or Kansas to
representation. The reconstruction acts have been
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executed, and are, therefore, beyond the reach of
Congress.
"3d. The Supreme Court has no jurisdiction of the
subject. Its powers are expressly defined by the Constitution
to be "judicial," and not political. It has
already decided that the question of admission to representation
is a political question, and that when determined
by Congress, as it has been in relation to
North Carolina, the court will not interfere.
"4th. The President would have no more power to
declare the reconstruction acts null and void, with
a view to the extinguishment of the government of
this State, than I would have to declare that a certain
County or Counties in this State should cease to
exist.
"The government of North Carolina is, therefore,
as firmly established as that of any other State. It
has the same control of the right of suffrage, and of
its own internal affairs, as the other States have;
and it possesses equal power with the other States to
protect and perpetuate itself.
"The right of the people to have arms in their
houses, and to "bear" them under the authority of
law, is not questioned. On the contrary, it is claimed
as a constitutional right sacred to freemen. The use
of arms by the male population, for peaceable and
lawful purposes, should rather be encouraged than
otherwise; but when, in time of peace, weapons
of an extraordinary character are imported into the
State by political organizations, and deposited and
distributed in a secret manner among persons whose
spokesmen deny the authority of the existing
Page 118
government, and who publicly declare that all government,
to be authoritative and binding, must proceed
alone from one race of our people, a state of affairs
is at once constituted which renders it the duty of
every officer and every citizen to be more than usually
vigilant. It cannot be pretended that these arms are
intended for hunting or sporting purposes. It cannot
be justly assumed that they are necessary for the protection
of those who have them, since the whole power
of the State and general governments is pledged to
protect the peaceable and the law-abiding, whoever
and wherever they may be.
"If it be the purpose of any portion of the people
in any event to resist the laws or to subvert the government,
they should bear in mind that TREASON is
the highest crime that can be committed; that they
are liable to arrest and punishment under the "Act
to punish conspiracy, sedition and rebellion," which
will be enforced, if necessary, with a firm hand; and
they should reflect that the magnanimity of the government,
which spared the lives and estates of those
who engaged in the late rebellion, may not be extended
a second time to save them from the consequences
of their crimes.
"If it be the purpose of any portion of the people,
by the use of arms, or by threats, or intimidation, to
prevent the people from going to the polls and voting
as they may choose to vote on the third day of next
month, it is my duty to inform them that force will
be met with force, and that every person who may
thus violate the law will be punished. Every race of
men in this State is free. The colored citizen is
Page 119
equally entitled with the white citizen to the right of
suffrage. The poor and the humble must be protected
in this right equally with the affluent and the
exalted. The election must be absolutely free.
"In view, therefore, of this condition of affairs, I
have deemed it my duty to issue this Proclamation,
admonishing the people to avoid undue excitement,
to be peaceable and orderly, and to exercise the right
of suffrage firmly and calmly, without violence or
force of any kind. Every good citizen is gratified
that North Carolina is at present as quiet and peaceable
as any State of the Union. Let us maintain this
good name for our State. Let us frown indignantly
on the use of brute force, or bribes, or threats, to
control the election; and let every officer of the
State, civil and military, be prepared to check instantly
any incipient step to sedition, rebellion or
treason.
"The flag of the United States waves for the protection
of all. Every star upon it shines down with
vital fire into every spot, howsoever remote or solitary,
to consume those who may resist the authority
of the government, or who oppress the defenseless
and the innocent. The State government will be
maintained; the laws will be enforced; every citizen,
whatever his political sentiments, will be protected
in his rights; the unlawful use of arms will
be prevented, if possible, and if not prevented, will
be punished; and conspiracy, sedition and treason
will raise their heads only to be immediately subdued
by the strong hand of military power. The General
commanding this department has instructed the district
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and post commanders to "act in aid and
co-operation, and in subordination to the civil authorities,"
in maintaining the peace and in securing a
free election. The power of both governments is
thus pledged to peace, order and tranquility.
"It is specially enjoined on all officers of the
Detailed Militia to observe the "act to organize a
militia of North Carolina," and to act in strict
subordination to the civil power. And all Magistrates,
Sheriffs and other peace officers are also specially enjoined
to be vigilant, impartial, faithful and firm in
the discharge of their duties, magnifying and enforcing
the law, ferreting out offenders, protecting the
weak against the strong who may attempt to deprive
them of their rights; to the end that the wicked may
be restrained, the peace of society preserved, the good
name of the State maintained, and the government
perpetuated on the basis of Freedom and Justice
to all.
"Done at our city of Raleigh, on the 12th
[L. S.] day of October, in the year of our Lord one
thousand eight hundred and sixty-eight, and
in the ninety-third year of our Independence.
W. W. HOLDEN, Governor.
By the Governor:
ROBERT M. DOUGLAS, Private Secretary."
In addition to this I issued four other proclamations
down to June 6, 1870, urging and beseeching
the people without respect to party or color, to respect
and venerate the law, to protect and preserve human
life and to demean themselves as good citizens.
Page 121
By the Constitution of this State I was empowered
to be commander-in-chief to call out the militia, to
execute the law, suppress riots and insurrections, and
to repel invasion. On the 16th day of December 1869
I sent the following message to the Legislature:
"EXECUTIVE DEPARTMENT, RALEIGH,
December 16, 1869.
To the Honorable, the General Assembly of North
Carolina.
"Gentlemen: -
Allow me respectfully and earnestly
to call your attention to the necessity which exists
for such amendments to the militia law as will enable
the executive to suppress violence and disorder in
certain localities of this State, and to protect the
persons of citizens, their lives and their property.
"Since my last annual message, dated Nov. 16th,
1869, numerous outrages of the most flagrant character
have been committed upon peaceable and law-abiding
citizens, by persons masked and armed, who
rode at night, and who have thus far escaped the
civil law. I have adopted such measures as were in
my power to ferret out and bring to justice all breakers
of the law, without reference to their color or to
the political party or parties to which they belong,
and I am satisfied that Judge and solicitors in the
various circuits have been prompt, energetic and impartial
in the discharge of their duties. Notwithstanding
this, Gentlemen, the outrages referred to
seem to be rather on the increase in certain localities
in so much that many good citizens are in a constant
Page 122
state of terror and society in said localities is in a
deplorable condition. It is for your honorable body
to apply the remedy by so strengthening the arm of
the executive as to enable him to repress these outrages
and restore peace and order. I have confidence
in your wisdom, in your regard for law, and in the
disposition which I feel sure exists in every member
of your honorable body to adopt such measures
as will speedily put an end to the evils complained of.
"I have the honor to be, Gentlemen, with great
respect,
"Your obedient servant,
W. W. HOLDEN, Governor."
This message of the Governor, of the 16th of
December, 1869, led to the enactment of what is
called the Shoffner law. This law authorized the
Governor to declare certain counties in insurrection.
That is, it suspended civil law and authorized the
arrest of suspected persons. The reader will perceive
that at last my duty required me to do this, as this
message states. The violation of law and the outrages
referred to, seemed to be rather on the increase
in certain localities, and left me therefore no alternative,
but to proclaim Alamance and Caswell in a
state of insurrection. The gist or substance of the
Shoffner act was to authorize me to suspend the civil
law when in my judgment it was necessary to do so.
I was fully aware of the great responsibility, but
human life was above all price. As I said to Mr.
Albright of Alamance, I did not care how the elections
of 1870 went if by what I did I saved one
Page 123
human life. The civil and military are alike constitutional
powers; the civil to protect life and property
when it can, and the military only when the former
has failed.
Dr. Pride Jones had said, "My candid opinion is
that the Ku Klux cannot be put down by force, without
a dreadful amount of blood-shed and crime."
I authorized the formation of two regiments of
militia, or troops, one to be commanded by Col. Wm.
J. Clarke, and the other by Col. George W. Kirk.
Both of these officers were men of large experience.
Col. Clarke was an old and well-tried veteran of two
wars. He had fought and won distinction in the
War with Mexico, and in the war between the United
States and the Confederate Government. Col. Clarke
was ridiculed a good deal by the "penny a liners" but
his character could not be impaired by any of the
fault-finders. Col. Kirk was fiercely, and roundly,
and unjustly assailed by his enemies, mainly because
he was a native, loyal man. He had raised three
regiments of North Carolineans and Tennesseans
for the federal government and had been a faithful
soldier of the Union. He was employed by me in
good faith in accordance with law, and North Carolina
still owes him a part of his salary. His command
consisted mainly of loyal men who fought under
him for the Union. After the War, when peace
was made, all but those who were especially malignant,
regarded with equal respect all brave men
whether they had fought for the South or for the
Union, no matter where they came from. One strong
evidence of his fitness and worthiness to command
Page 124
is, when he came into Asheville with his regiment
he was stationed in that town by the General, and the
people of that town were well pleased with him. It
was stated in some of the evidence (sic) (in the impeachment
proceedings) that he had said that if he
were attacked at his place in the Court House
at Yanceyville, that he would resist and burn the
town and murder the women and children. There
is no foundation whatever for this story, and there
is less foundation if possible for the further statement
that the Governor had so told him to do. As
to the men who composed his command, they were
nearly all North Carolinians. What odds did it
make that some of them were Tennesseans? Col.
Kirk knew them all well and they were sworn soldiers,
as he was, of North Carolina. And then
the counsel for the State (sic) (in the impeachment
proceedings) made a great ado over Col.
Kirk's address issued to his old soldiers to induce
them to join his regiment. Mr. Cornelius B. Edwards
and his brother were in danger of being arrested
for contempt, for a very little thing, which I
myself could have settled at once, if I had been called
upon. I did not write, but simply copied what Col.
Kirk had written. I simply saw the paper lying on
my desk. I thought Col. Kirk ought to be allowed to
make his own speech or to frame his own address,
but it was ungrammatical. I simply copied it and
put it in good shape, and added nothing to it as a
printer. That was all, and yet these young men were
in danger of being arrested because they did not take
Page 125
from the office and bring to the Senate as they had
no right to do, the copy of the address referred to.
Nor is it true that any persons arrested were
cruelly treated by my orders, and with my knowledge.
I gave the strictest orders to the officers both
verbally and in writing to treat all persons humanely,
and to be very careful of human life. Nor is it true
that I sent Col. Kirk to Alamance and Caswell as a
scourge to the people of those counties.
I spared no means and no labor for the space of
two years.
In the year 1869 there were disturbances and
violations of the law in the Counties of Jones, Craven
and Lenoir. In accordance with law, at the call of
the judges of the judicial circuits, I sent a company
of white men consisting of twenty-five (25), as Detailed
Militia, to the County of Lenoir, and arrested
eighteen men, and held them under orders in jail in
Newbern until the judge of the circuit could return
from New York, whither he had gone on a visit, and
to give them a hearing. They were bailed in large
amounts, but inasmuch as the disorders ceased, and
the people generally were active in supporting what
I had done, I ordered the release of all under arrest
without trial. This action on my part was not disapproved
by the community, but was, on the contrary,
approved. I wrote to the honorable M. E. Manley
of New Bern, offering him $500.00 as a fee to appear
for the State in these cases, but he declined the
fee, giving as his reason that he had ceased to appear
in criminal cases.
In the early part of 1870 I employed in Chatham
Page 126
County Capt. N. A. Ramsey, and in Orange, Capt.
Pride Jones, both belonging to the political party
opposed to my administration, to aid in suppressing
the Ku Klux, and in composing the trouble in those
counties. They performed this duty in a manner
which entitled them to the thanks of every friend of
law and order. Dr. Jones was appointed at the request
of John W. Norwood, George Laws, James
Webb, Henry K. Nash, Henry N. Brown, and O.
Hooker. I give below the following correspondence
between myself and Dr. Pride Jones.
"Hillsborough, N. C., March 1st, 1870.
"Sir: On the 3d
inst., I had a long conversation
with Mr. John W. Norwood in reference to an interview
that he has recently had with your Excellency.
He urged me to accept of a commission from you, for
the purpose of attempting to disband the secret organization
in this County, known as "Ku Klux," and
restoring the laws to their supremacy.
"This is a consummation heartily to be desired by
all good citizens; and though more averse than ever
to any position in the service of the public, I feel constrained,
by a sense of duty, to give my best exertions,
however feeble they may be, in aiding the
restoration of peace and order, and, should you deem
me qualified for the position, I will accept of it.
"I feel certain that in this County I can further
your views, and I believe that if my commission is
extended to Alamance, I can exercise considerable
influence there also.
Page 127
"But if, as is rumored here today, your Excellency
has, in obedience to the dictates of your duty, ordered
troops to that County, you must pardon me for saying
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 expedient
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 organization
whatever.
"Very respectfully,
"Your obedient servant,
PRIDE JONES.
"His Excellency, W. W. Holden, Raleigh."
"HILLSBOROUGH, March 5, 1870.
To His Excellency, W. W. Holden, Governor of N.C.
"Sir: The
undersigned, citizens of Orange County,
respectfully recommend Dr. Pride Jones, of Hillsboro,
as a suitable person to receive a Captain's
Page 128
"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. NORWOOD,
GEO. LAWS,
JAMES WEBB,
HENRY K. NASH,
HENRY G. BROWN,
O. HOOKER."
"STATE OF NORTH 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 observe
by the papers that I have been constrained to
declare the County of Alamance in a state of insurrection.
I have done this with reluctance and regret.
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 property,
and their only hope is in such protection as the
military can afford them. Federal troops, commanded
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 punishment.
I agree with you that the Klan of Ku Klux is
very formidable and warlike, but I fear it will grow
Page 129
with indulgence, and that if vigorous measures be
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 discharge
your duty. Your pay, while on duty, will be
that of a Captain in the Regular army of the United
States. I would be glad to hear from you at an early
date.
"Very respectfully,
W. W. HOLDEN, Governor."
"HILLSBOROUGH, N. 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 commenced
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 parties
Page 130
appealed (to) earnestly responding to my
wishes.
"From the facts stated to me by Mr. Norwood, I
represented that the past would be overlooked, provided
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 commission.
"I am, sir,
"Very respectfully,
"Your ob't servant,
PRIDE JONES."
"N. B. I omitted to suggest that if the "Leaguers"
were embraced in my instructions it would facilitate
matters very materially.
P. J."
"RALEIGH, March 17, 1870.
"TO CAPTAIN 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 commission,
and trust that your efforts will result beneficially
to society.
"It will readily occur to you that as the Executive
I have no power to proclaim amnesty. The Solicitor
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may enter a nol. pros., or he may not, and the Judge
may then sentence, and then the power of commutation,
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 prosecute
or to take vengeance on any. What we want is
submission to the laws, and peace in all the neighborhoods
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 circumstances.
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 temperaments,
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 without
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 respect
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 when the members disguise themselves, and take
Page 132
arms and ride through neighborhoods breaking the
peace and terrifying the inhabitants. You will, therefore,
mildly but firmly discountenance and discourage
all secret political organizations, and especially those
that put on disguises and carry arms. It is a misdemeanor
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 execute
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 Alamance
they should be arrested and held for trial.
"Your attention is directed to the Acts published in
the Standard, Sentinel, and Recorder 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 would 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."
Nor was I wanting at any time or any way in generosity
or kindness to the people, or to my opponents.
I was careful never to intrude myself on conventions
or Legislatures called or chosen by myself. I
had too much respect for such bodies to present even
Page 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
Robbins. I then went upstairs for the first time into
the Senate chamber. Mr. Senator Robbins, of Davidson
County, was defending himself against a charge
of bribery. The house was Republican 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. Stephens
himself, and asked them to work with me and dissuade
them from passing the resolution of expulsion.
The result was, we saved him by three majority in
a body two-thirds Republican. 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 Robbins."
On another occasion in Raleigh, 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.
McRae, of Fayetteville. He was in military prison
on the site of the old fair grounds in East Raleigh.
I called on the officer in command and asked to see
D. G. McRae, and to know the charge on which he
was held. He sent for him, and he was brought in.
Page 134
The officer said: "Mr. McRae is held to be tried because
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 impossible
that he should have said that; I beg you, Sir, to
release him and let him go home," which 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, N. 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 difficulty
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 settled
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.
Page 135
Gov. Fowle and Pulaski Cowper, Esq., will bear testimony
that these things are so.
On the 22nd of November, 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
commenced 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 constitutionally
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 prosperity
which the State had formery
enjoyed. But the
validity of the Reconstruction Acts was questioned,
and the authority of the State was represented as having
been derived in such a manner as to render it
binding on the people only nutil
an opportunity
should be offered to throw it off. Combinations were
formed in various parts of the State, of a secret character,
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
Constitutions 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
Page 136
then deemed it my duty to issue a proclamation, setting
forth the nature of our government, the manner
in which it had been established, vindicating its authority
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 subvert
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 entitled
with the white citizen to the right of suffrage.
The poor and the humble must be protected in this
right equally with the affluent and the exalted.' 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, protecting
the weak against the strong who may attempt
to deprive them of their rights; to the end that the
wicked may be restrained, the peace of society preserved,
the good name of the State maintained, and
the government perpetuated on the basis of Freedom
and Justice to all.'
"And in April,
1879, after the General Assembly,
had passed "An Act making the act of going masked,
disguised or painted, a felony," I issued another proclamation
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 committing
acts of violence on the inoffensive and defenceless,'
and 'depredators and robbers, who lived
Page 137
on the honest earnings of others,' would be followed
and made to feel the penalty due to their crimes.
"And in October, 1869, I 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 feeling
of insubordination and insurrection, insomuch
that many good citizens are put in terror for their
lives and property, and it is difficult, if not impossible,
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 protect
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, I issued another proclamation,
in which, on account of ten murders mentioned, committed
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
Page 138
aid in bringing offenders to justice and restoring peace
and good order to those portions of the State.
"And in July, 1870, I was forced by a sense of duty
to 'declare the County of Caswell in a state of
insurrection.'
"These proclamations are printed in the 'Appendix'
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
outrages 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 letters, and in
person, by many of the victims of these outrages, and
was urged to adopt some means of protection 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 induced
to join them. But gradually, under the leadership 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
were called the Ku Klux Klan, and were revealed to
the public, as the result of the measures which I
adopted, as "The Constitutional Union
Page 139
Guards," "The White Brotherhood," and "The Invisible
Empire." Unlike other secret political associations,
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 principles 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 secret, 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 peaceable 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 North
Carolina. It was governed by rules more or less
military in their character, and it struck its victims 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 magistrates and in Courts of
Justice, as in no degree binding
Page 140
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 hazards,
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 flagrant
violations of law; and when 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 experience,
that it was very difficult, if not impossible,
to convice
members of this Klan of crimes and
misdemeanors. I have information of not less than
twenty-five murders committed by members of this
Klan, in various Counties of the State, and of hundreds
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
Page 141
Court-house. Another colored man was drowned,
because he spoke publicly of persons who aided in
the commission of this crime. No bills were found in
these cases. A crippled white man, a native of Vermont,
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.
No punishments followed in these cases. The members
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 drowned, some of them were tortured,
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 disgraceful
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,
Page 142
Pittsborough and Graham, committing crimes, defying
the lawful authorities, and causing real
alarm to all really good people. In fine, gentlemen,
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 would 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 declared
the Counties of Alamance and Caswell in a
state of insurrection, I caused eighteen men, murderers
and robbers, to be arrested in Lenoir and Jones.
They were examined before Judge Thomas. Five
of them turned State's evidence, and exposed the
secrets of the Klan and the crimes of their confederates.
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. N. A. Ramsey, and in Orange Capt. 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 Counties.
They performed their duty in a manner which
Page 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 Counties
of Alamance and Caswell. I exercised this
power by virtue of the State Constitution, which declares
that "the Governor shall be Commander-in-Chief,
and have power to call out the militia to execute
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 authorized
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 necessary
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 "execute
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 enjoyment
of life and property; and, after much forbearance,
and many remonstrances, and when patience was
exhausted, I could adopt no other course which promised
Page 144
to restore civil law and to re-establish peace and
order in these Counties.
"Many of the persons thus arrested were examined
before the Chief Justice and two of the Associate Justices
of the Supreme Court, in this city, 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 which I deemed absolutely indispensable to
the restoration of the civil law and the re-establishment
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 General
Page 145
Assembly may desire, will be promptly and
cheerfully furnished.
"The result of this action on the part of the Executive,
in pursuance of the Constitution and the laws,
has been in the highest degree fortunate and benficial.
The power of the State government to protect,
maintain, and perpetuate itself has been tested and
demonstrated. The secret organization which disturbed
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 proclamation
on the 10th of this month, revoking former
proclamations which placed Alamance and Caswell in
Page 146
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 conditions
may cultivate harmony and good will among
themselves; and that the whole people of the State,
without respect 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-operate
with you in such measures as may be considered
best calculated to promote the prosperity and happiness
of our people.
"I have the honor to be, with great respect,
"Your obedient servant,
W. W. HOLDEN."
Page 147
CHAPTER 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
North Carolina, on Impeachment by the House of
Representatives, for High Crimes and Misdemeanors.
Published by order of the Senate." These volumes
thus entitled contain three thousand five hundred
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 particularity
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 proceedings,
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
know I am not guilty.
Page 148
The impeachment 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 Committee 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 impeachment 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 - members of the House of
Representatives, to conduct the impeachment before
the bar of the Senate, also Democratic by two-thirds,
and they were authorized to associate with them other
counsel learned in law.
The trial was commenced on the 23rd of December,
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. Badger,
Esq., one of my counsel, appeared before the court
and announced my purpose to appear by counsel. The
Chief Justice, who was presiding, then announced 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 January, 1871, making the
whole number of the Court forty-nine (49).
On the first (1) day of February, 1871, the
Honorable L. C. Edwards presented himself and asked
to be sworn as Senator, and as a member of the
Page 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 organized
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.
Merriman, at one thousand each as fees? This obliged
me in my defense, out of my own pocket, to employ
Hon. W. N. H. Smith, Hon. Nathaniel Boyden, Hon.
Edward Conigland, J. M. McCorckle, and Richard 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 Democrats, 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 Pearson,
who presided at the trial are all dead, and Judge
Merriman only survives of the counsel employed.
W. P. Welch, a young lawyer from Haywood
County, was selected to open the preliminary proceedings
against me in the Senate, on the 15th day
Page 150
of December, 1870. I find his remarks in the first
volume of the impeachment trial. Whether he is living
or dead I know not. I hope he is still living. He
seemed profoundly impressed with the awful responsibilities
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,
which he has cruelly outraged, injured and oppressed;
and in conclusion the House of Representatives
through us most heartily prays that God, the
God of Eternal Justice, will protect the right." 1
The Senate was resolved into a court, and the
Chief Justice presided as required by the State Constitution.
He had been invited to do so. He acquitted
himself in this position with 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 Greensborough
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 manager
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 lawyer
at Beaufort, has recently left the profession of law and entered
the ministry.
Page 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 Washington
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."1 Mr. Neathery, my former
Private Secretary, was interrogated at length, and
with much particularity, as to what occurred between
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 corpus,
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 argument
in the Habeas Corpus proceedings, case of A. G. Moore, July
16, 1870. But his speech has not been preserved. [ED.]
Page 152
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 Pearson
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 North
Carolina. It was never laid before that body, but
was published in the News and Observer. The copy
of the defense was first deposited with Major Bagley,
the Clerk of the Supreme Court. Judge Bagley,
who was my friend, very kindly showed me the document,
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.1
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 examination
of the question of probable causes. Accordingly,
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 correspondence
between Judge Pearson and myself, but I give
1. I have searched in vain to find a copy of Judge Pearson's
Defense. It was not published in the New and Observer as Gov.
Holden thinks. Some who claim to have seen it say it was published
in the newspapers; others that it appeared in pamphlet
form. [ED.]
Page 153
below my letter dated Raleigh, 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 hour 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 Caswell
in a state of insurrection, and have taken military
possession of them. This your Honor admits I
had the power to do "under the Constitution and
laws." And not only this, "but to do all things necessary
to suppress the insurrection," including the
power to "arrest all suspected persons" in the above-mentioned
Counties.
"Your Honor has thought proper also to declare
that the citizens of Alamance and Caswell are insurgents,
as the result of the Constitutional and lawful
action of the Executive, and that therefore, you will
not issue the writ for the production of the body of
Moore to any of the men of the said Counties; that
"the 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
Page 154
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 belong
to the Kuklux
Klan, whose members have perpetrated
the atrocities referred to; and that the
County governments have not merely omitted to ferret
out and bring to justice those of this Klan who
have thus violated the law, but that they have actually
shielded them from arrest and 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: indeed,
it is my opinion, based on facts that have come
to my knowledge, that the life of the Judge whose
duty it is to ride the circuit to which the said Counties
belong, has not been safe, on account of the
hatred entertained towards him by the Klan referred
to, because of his wish and purpose to bring said criminals
to justice. For be it known to your Honor that
there is a widespread and formidable secret organization
in this State, partly political and partly social
in its objects; that this organization is known, first,
as "The Constitutional Union Guard," - secondly,
as "The White Brotherhood," - thirdly, as "The Invisible
Empire:" - that the members of this organization
Page 155
are united by oaths which ignore or repudiate
the ordinary oaths or obligations that rest upon all
other citizens to respect the laws and to uphold the
government; that these oaths inculcate hatred by the
white against the colored people of the State; that
the members of this Klan are irreconcilably hostile
to the great principle of political and civil equality,
on which the government of this State has been reconstructed;
that these Klans meet in secret, in disguise,
with arms, in uniform of a certain kind intended
to conceal their persons and their horses, and
to terrify those whom they assault or among whom
they move; that they hold their camps in secret
places, and decree judgment against their peaceable
fellow-citizens, from mere intimidations to scourgings,
mutilations and murder, and that certain persons
of the Klan are deputed to execute these judgments;
that when the members of this Klan are arrested
for violations of 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 unblushingly
commit perjury to screen their confederates
and associates in crime; that this Klan, thus constituted
and having in view the objects referred to,
is very powerful in at least twenty-five Counties of
the State, and has had absolute control for the last
twelve months of the Counties of Alamance and Caswell.
"Under these circumstances I would have been
Page 156
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 proclamations
and by letters, invoked public opinion to repress
these evils, and warned criminals and offenders
against the laws of the fate that must in the end
overtake them, if, under the auspices of the Klan referred
to, they should persist in their course.
"I beg to assure your Honor that no one subscribes
more thoroughly than I do to the great principles of
habeas corpus and trial by jury. Except in extreme
cases, in which beyond all question "the safety of
the State is the supreme law," these privileges of
habeas corpus and trial by jury should be 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 Constitutional
powers - the civil to protect life and property
when it can, and the military only when the
former has failed. As the Chief Executive I seek
to restore, not to subvert, the judicial power. Your
Honor has done your duty, and in perfect harmony
with you I seek to do mine.
"It is not I nor the military power that has supplanted
the civil authority; that has been done by
the insurrection in the Counties referred to. I do
not see how I can restore the civil authority until I
"suppress the insurrection," which your Honor declares
I have the power to do; and I do not see how
Page 157
I can surrender the insurgents to the civil authority
until that authority is restored. It would be a mockery
in me to declare that the civil authority was unable
to protect the citizens against the insurgents, and
then turn the insurgents over to the civil authority.
My oath to support the Constitution makes it imperative
on me to "suppress the insurrection" and
restore the civil authority in the Counties referred
to, and this I must do. In doing this I renew to your
Honor expressions of my profound respect for the
civil authority, and my earnest wish that this authority
may soon be restored to every County and neighborhood
in the State.
"I have the honor to be, with great respect,
Your obedient servant,
W. W. HOLDEN, Governor."
"STATE OF NORTH CAROLINA, EXECUTIVE
DEPARTMENT, RALEIGH,
Aug. 15th, 1870.
"To the HON. R. M. PEARSON,
Chief Justice Supreme Court of N. C.:
"DEAR SIR: In my
answer to the notices served
upon me by the Marshall of the Supreme Court, in
the matter of Adolphus G. Moore and others, ex-parte,
I stated to your Honor that at that time the
public interests forbade me to permit Col. George W.
Kirk to bring before your Honor the said parties; at
the same time I assured your Honor that as soon as
the safety of the State should justify it, I would
cheerfully restore the civil power, and cause the said
Page 158
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 return
to the writs at the capitol in Raleigh. Col. Kirk
is prepared to make such return as soon as your
Honor shall arrive in Raleigh.
With great respect,
Your obedient servant,
W. W. HOLDEN, Governor.
"RALEIGH, August 18, 1870.
"To His Excellency GOVERNOR HOLDEN:
"DEAR SIR: Your
communication of the 15th inst.
was handed to me by Mr. Neathery.
"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 with 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 concurring,
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.
Page 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, J. 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 government
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 Senate
under the new Constitution. I did not think of
the matter any more until I was impeached.1
1. 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 concurred.
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.]
Page 160
Again, the Honorable Nathaniel 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. Badger,
also one of my counsel. He said the Chief Justice
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 impeachment
proceeding will be stopped." I said: "Mr.
Boyden, I am the first Governor under the new Constitution.
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 generally,
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 Representatives
and met Dr. Thomas W. Young, my brother-in-law,
and a member of the House of Representatives,
who said: "Governor, we want to call a convention
and lack but eight or ten votes of doing so.
Page 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 concurred
with him, and made up the case for the Supreme
Court, I could not have been impeached, for
the reason either that the case would have been pending,
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 impeachment
court would have ceased.1
It was rumored during my impeachment that articles
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 calculated
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 Governor
Holden's account of an offer to compromise the impeachment
for his support of the convention all the more interesting.
[Ed.]
Page 162
silenced the Republican Party in North 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 their own inference.
I was certainly impeached by party managers
and party counsel, by a party House of Representatives,
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 Pearson
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. No doubt
Caldwell, who succeeded me, would have given place
Page 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, represented
the State, and Messrs. W. N. H. Smith, Nathaniel
Boyden, J. M. McCorckle, Edward Conigland,
and R. C. Badger represented the respondent,
Holden. The articles of impeachment, or the bill of
indictment, consisted of eight articles. The respondent
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 North 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. Holden,
Governor of said State, unmindful of the high
duties of his office, 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 personal
and public liberty and the Constitution and
laws of said State, and of the United States, and continuing
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
Page 164
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 insurrection,
and did, after the days and time last aforesaid,
send bodies of armed, desperate and lawless
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.
Shoffner - 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 conviction
would have been thirty (30). Counting both
names for acquital, as in justice and right should
have been done, in the first case it would 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 Turner,
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 majority.
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 Graham,
Page 165
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 removed
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. Graham,
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 respondent
to ever hold office in this State is severe. Because
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 Court shall finally adjourn, to say that I regret
that the court did not take a day to mature and consider
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
impeachment 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
Page 166
"Impeachment Trial of Governor W. W. Holden." . . . . .
Q. What are your personal feelings towards the accused?
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 insulted 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 evidence
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
Page 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 they were, but that was a matter
for his Attorney-General and my two Senators. I
had heard soon after my impeachment from a Democrat
of character that the Dens had decreed my impeachment.
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 suspending
the operation of the civil law." I had never
heard the constitutionality of this act questioned.
Leading men in the Democratic party who had determined
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 several
times but a favorable opportunity has never
Page 168
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? No. Had the Chief Justice
said so? No. Mr. Allen himself was a good lawyer, but
not of the order of lawyers of which I have just spoken, who
seriously inculcated 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. No
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,
October 12, 1870. I did not reply to the letter, and have
not heard from him since. Whether he is living 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 down the Ku-Klux, and against lynch
or mob law. "His offense hath this extent, no more."
Whether living or dead, wherever he is, he is a true man
and a
Page 169
worthy citizen. He represented Guilford and Alamance
in the Senate.
Ex-Governor Curtis H. Brogden is now like myself,
an old man. I saw him first in 1838, a member of the
House of Commons from the County of Wayne. 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, NEAR GOLDSBORO, N.C.,
Feb. 12, 1890.
"Gov. W. W. HOLDEN:
"My Esteemed
Friend: - I was pleased to receive
your kind letter but was very sorry to hear of your
bodily affliction.
"I often think of your laborious, useful, and eventful
life, and the vicissitudes through which you have
passed, and my warmest sympathies and best wishes
are for you.
"Although you have suffered great wrong and
injustice by the malign influence of partisan animosity,
you will still live in history as one who has 'done the
State some service.' While the past is gone and cannot
be recalled but in memory, we should look hopefully
forward to the rewards of the true Christians
Page 170
in a fairer and better world, 'where the wicked
cease from troubling and the weary are at rest.'
"The 'sketch' to which you allude, especially to
the impeachment, is too important for me to do anything
like justice to without some time for preparation.
I shall be glad to assist you if I can some
time hence when I have more time and better opportunity -
I mean time to spare from my daily labors.
It seems that your greatest offense was in trying to
stop crime, while acting under the Constitution and
laws, because the laws then in existence fully authorized
you to do what you did do. The whole history
of your administration as Governor shows that you
did all you could to maintain and preserve peace
and order among the people and to stop the many
and abominable Ku Klux crimes. This is shown by
your proclamation and by your letters to Dr. Pride
Jones, a prominent democrat of Orange, T. A. Donoho,
a prominent democrat of Caswell, and Capt.
N. A. Ramsay, a prominent democrat of Chatham
County, earnestly requesting them to use their influences
in their respective counties to stop lawlessness
and crime, and suppress the violence and outrages
of the Ku Klux Klan, when no one was safe at
night at home, who happened to come under the displeasure
of those wicked bands. The civil authorities
were powerless to bring these offenders against
law and humanity to justice. They compelled Shoffner,
a Republican Senator, to leave his own home in
Alamance, sacrifice his property, and flee to another
State to avoid being murdered.
"The Legislature then passed an act to hold a special
Page 171
election to supply his place, on the 24th of December,
1870. They were in such hot haste to fill
his place that the act was only passed the 17th of
December, 1870. The Republicans were so
disheartened that they took no interest in the election;
indeed they were intimidated and afraid to try to
vote, and the democrats carried the election their
own way and elected James A. Graham. That was
a democrat in place of a Republican; but the democratic
Senators still thought that there might be
some doubt about their having sufficient strength in
the Senate to pass their impeachment resolutions,
so they went to work to unseat R. W. Lassiter, a
Republican, who was honestly and fairly elected,
and to put L. C. Edwards, a democrat, who was not
elected, in his place. They passed an act on the
6th of December, 1870, appointing W. A. Allen,
Senator from Duplin, 'a commissioner to take the
depositions of such witnesses as might be produced
before him at such times and places as he might designate.'
The commissioner was given all the powers
of a judge of the Superior Court, and was to decide
upon the competency or relevancy of testimony. It
was a one-sided business, as the commissioner was
in the interest of the democratic party, and only allowed
such evidence as he wanted, and upon that
Lassiter was turned out and Edwards was put in
his place.
"It was then ascertained that Moore and Lehman,
two Republican Senators from Craven, would vote
with the democrats for the impeachment resolutions,
Page 172
and on that question they shamefully misrepresented
the party that elected them.
"It was by such means as these that (that) democrats
got votes enough to pass their impeachment resolutions
in the Senate. On the day the final vote was
taken, two of their Senators, I mean Dargan and
Murphy, were brought in by the doorkeepers drunk,
but as to that, they had as well been drunk as sober,
as it had been decided in caucus to pass the resolutions.
"Among the first acts passed by the democratic
Legislature of 1870-71 was an act to repeal 'an act
to secure the better protection of life and property.'
The repeal of that act only encouraged the Ku Klux
to continue their lawlessness and crime. They
thought they would be protected.
"The impeachment trial proved that the Ku Klux
were so numerous that no one could deny their existence.
It was shown in Alamance County a majority
of the democratic voters belonged to the order,
and that Albert Murray, the Sheriff of the County,
was a member of it, and was chief of a Ku Klux
camp near his residence, and there were ten Ku
Klux camps in Alamance County.
"You were charged falsely with 'intending to stir
up civil war and subvert public and personal liberty,
and the Constitution and laws of North Carolina,
and of the United States, and contriving and intending
to humiliate and degrade the people.' I believed
then, as I do now, that this charge was false, and
after you have suffered under that and other false
charges for twenty years I think it is high time for
Page 173
the Legislature to do you justice, by restoring you to
the equal enjoyment of all the rights and privileges
of a free citizen of North Carolina.
"At the Ku Klux trials in Raleigh, in 1871, when
Shotwell and others were convicted and sent to the
Penitentiary for their crimes, it was ascertained that
there were so many of them in the State, and their
crimes were so numerous, that many good democrats
became alarmed about the future success of the
democratic party in the State, and some of the most
prominent democrats who attended the Court and
heard much of the evidence in regard to the Ku Klux
crimes addressed the following letter, dated Raleigh,
September 30, 1871, to Hon. H. L. Bond, Judge of
U. S. Circuit Court.
'Sir: We have the honor, in the interest of the
peace of the people of North Carolina, to address
you this note. The fact that a secret, unlawful organization,
called "the Ku Klux or Invisible Empire,"
exists in certain parts of the State has been
manifested in the recent trials before the Court in
which you preside. We condemn without reservation
all such organizations. We denounce them as dangerous
to all good government, and we regard it as
the eminent duty of all good citizens to suppress
them. No right minded man in North Carolina can
palliate or deny the crimes committed by these organizations.
'In presenting these considerations to your honor,
we declare that it is our duty and purpose to exert
all the influence we possess and all the means in our
power to absolutely suppress the organization and to
Page 174
secure a lasting and permanent peace to the State.
The laws of the country must and shall be vindicated.
We are satisfied, and give the assurance, that the
people of North Carolina will unite in averting, and
forever obliterating an evil which can bring nothing
but calamity to the State. In the name of a just and
honorable people, and by all the considerations which
appeal to good men, we solemnly protest that these
violations of law and public justice must and shall
cease.
We have the honor to be, etc.
(Signed) Thomas Bragg, Daniel F. Fowle, B. F.
Moore, M. W. Ransom, R. H. Battle, Jr., Geo. V.
Strong, Joseph B. Batchelor, Wm. M. Shipp, Will.
H. Battle, and D. M. Barringer.'
"Gov. Bragg was at that time Chairman of the
Democratic State Executive Committee, and after
his death D. M. Barringer took his place. I should
like to copy the whole letter if I had space, but I
have not. It was a strong appeal to Judge Bond for
clemency and mercy. Col. Wheeler published it in
his Reminiscences and Memoirs of North Carolina,
under the head of Warren County.
"When a large number of Ku Klux were to be tried
at Columbia, S. C., it was reported that Gen. Wade
Hampton, and other prominent democrats, employed
that eminent lawyer of Baltimore, Reverdy Johnson,
at a fee of $10,000, to go to Columbia to defend them.
He went, but after going into the trials and hearing
the evidence, the proof of their many atrocious crimes
was so strong and conclusive that he could not defend
them, and his speech was a powerful appeal for
Page 175
mercy and pardon. He admitted their crimes and
their guilt, and could only beg for mercy.
"The Ku Klux trials in the U. S. Court at Raleigh,
in 1871, revealed the fact that many horrid outrages
and crimes had been committed by them in different
parts of the State. It was unknown how many of
these, if they were ever brought to trial, would have
to go to jail, to the penitentiary, or to the gallows,
and that was the reason why those leading democrats
desired the postponement of the matter, if possible,
it was thought, until the meeting of the Legislature,
so that they could then get an act passed granting
amnesty and pardon for all the Ku Klux.
"When the Legislature met it did pass 'an act
for amnesty and pardon' for all the crimes committed
or charged to have been committed previous
to the first day of September, 1871, and every Ku
Klux in the State was granted full and complete
'amnesty and pardon,' even for 'wilful murder,
arson and burglary.' They were all given the benefit
of this act.
"If the Legislature thought proper to pass 'an act
for amnesty and pardon' for all the crimes committed
by the Ku Klux, or in their name, there can be no
good reason why the Legislature ought not to pass an
act to relieve or pardon the man who did the best he
could, while acting under the law, to stop the Ku
Klux crimes. It is absurd to say that a subsequent
Legislature cannot repeal, abrogate, or revoke any
act or resolution of a former Legislature. To assert
that one Legislature cannot alter or repeal any of
the acts of a former Legislature is to assert that any
Page 176
of our laws, however unjust and injurious they may
be, can never be altered, but remain as unchangeable
as the laws of the Medes and Persians. Such an
absurd heresy cannot be seriously entertained by any
man of common sense in North Carolina.
"I must now close. I did not intend to write a political
letter, but I have been compelled to refer to the
democratic party in order to vindicate the truth of
history. I would not misrepresent anybody or any
party if I knew it. I have spoken from the record,
and I might speak a great deal more from the record
were it necessary. But let this suffice for the present.
I am willing to confer with our friend Neathery
in regard to carrying out your wishes, if we should
be the longest livers. But I hope you will live to
publish your Book in your lifetime and in your own
way. I have no doubt that it will be a valuable contribution
to our history.
"Hoping that God's greatest blessings may rest
upon and abide with you always and that your days
on earth may still be many and happy, I remain,
with my highest regards and best wishes,
Your true and faithful friend,
C. H. BROGDEN.
1
"
1. The views of Governor Brogden and the correspondence with
Thomas Goose Tucker, given on a later page, have convinced me of
the propriety of publishing the following letter written by Edward
Conigland to Thomas L. Clingman, during the constitutional
convention of 1875. [ED.]
HALIFAX, N. C., September 21, 1875.
Gen. Thos. L. Clingman, Raleigh, N. C.
DEAR SIR: It seems that an ordinance for the removal of Mr.
Holden's disability will be called up tomorrow, for the
consideration of the Convention, and that it is probable, it may
meet with your support.
Were I to attempt to discuss this question, I could not say
anything that will not be much better said by others. I write simply
to submit a view of the case which is very different from that
entertained by the public generally.
Mr. Holden is regarded by the Conservatives of the State as the
prime mover in all the political crimes with which he was charged.
But the knowledge obtained by me, as one of his counsel in the
impeachment trial, enables me to say that he was rarely, if at all,
the instigator of any of the measures for which he stood impeached,
so bitterly, and so justly, complained of. Men in public position
are but the exponents of the party in which they belong, and a
true analysis of Mr. Holden's conduct proves that he was no worse
than those who placed him in power, and was, in fact, made the
scape-goat for their sins. Of all the men who, when he was in
office, took an active part in the government of the State, he was,
in my opinion, in all respects the best. Yet many, if not most of
them, deserted him in his hour of need, although if he had not
been restrained by his sense of honor, he could easily have proved,
on his trial, that he had often resisted their counsel, and that many
of the measures which he adopted and which brought his difficulties
upon him, were the result of their persistent urging. His errors
were of the head and not of the heart.
Mr. Holden had bitter enemies, and on his trial some seemed to
pursue him with a malignity born of hate. It is due to this,
that the penalty of disqualification from office was imposed upon
him. If any of his friends had made a bona fide effort to divide
the question, so as to have taken the sense of the Senate, first on
the removal from office,and secondly, on the disqualification to
hold office, the disability, in my opinion, would not have been
imposed but, in fact, the matter was allowed to go by default.
Possibly I may have suggested a view of the case different from
that entertained by some members of your body, and therefore if
this letter can disabuse the mind of any of them of prejudices
against Mr. Holden, you will please use it in his behalf. Were I
a member of the Convention I should unhesitatingly vote for the
removal of Mr. Holden's disabilities, and I do not know an
intelligent Conservative in this nation, who would not do likewise.
With high regard,
Truly yrs,
EDWD. CONIGLAND.
Page 177
In regard to this act passed, granting amnesty and
pardon for all the Ku-Klux, including the forty-nine
(49) bound over by the Supreme Court for the murder
of John W. Stephens and Wyatt Outlaw, and
who were never tried because of this act, I may here
state that being in Hillsboro in the fall of 1872, I
was invited by Colonel Thomas Ruffin, deceased, to
his room, and there he appealed to me in most earnest
terms to agree to this act or rather not to oppose it.
I agreed not to oppose it, especially as he mentioned
Page 178
the fact that a number of young men who had fled the
State were anxious to return, and lead different lives;
and he mentioned especially of that number a young
man who had been a witness in my impeachment, and
who had sworn in that trial that he was never a Ku-Klux,
and was hanged unjustly by Bergen. It turned out
at last that with seventeen others he had been
presented by the Grand Jury of Alamance as a Ku-Klux,
and one of the murderers of Wyatt Outlaw. I at that
time agreed to a correspondence with Mr. Boyd at
Colonel Ruffin's request, which was published in the
newspapers in which we both assented to this amnesty
bill. The act passed, and became a law, and so all the
Ku-Klux were pardoned in advance. Not a word was
said in either House by the Democrats about my
pardon. My friends were not inclined to ask for my
pardon, because they said I had done nothing to be
pardoned for.
After this (my impeachment) I could not hold
office under the State government. I could only hold
Federal office. In 1873 President Grant offered me the
Raleigh post office. I accepted it, and held it four
years. In 1877, when my first term was out, I wrote to
President Hayes and asked to be retained. He
continued me for four years. And then under General
Garfield, who was President, I asked to be continued
for four years more, and he refused. I had run the
office eight years, on the sum allowed at the beginning
of the eight years. I worked very hard, and so did my
clerk, because the business of the office had increased
fifty per cent at least. At
Page 179
the beginning of General Garfield's administration, in
response to my urgent request, he increased the sum to
$550.00. With this I employed a Negro man as clerk.
Previously during the eight years referred to, I had paid
out of my own pocket for two years to a clerk who by
law could get only four hundred dollars; that is my chief
clerk and myself paid him $150 per annum for two
years; I paid (altogether) $150, and my chief clerk $50.
The opposition to my continuing in the post office arose
from the fact that I didn't employ Negro clerks. I had
been, and still was, a Grant man against all comers. I
went to Washington to see about it. I saw the President
by appointment. He was very polite and kind, but said
he had promised the place to another. I told him that
was the only place I wanted, and he said, "Governor, I
know your history well, and I am every way disposed
to give you some place. Select any place I have, and
you shall have it, but not this one." I might then have
said, "Mr. President, as you have said any place you
have is at my disposal, then give me the collectorship of
the Fourth Collector's District in North Carolina." Of
course he would have done it, for he was so pledged.
But I could not do that; for the office was occupied by
Col. I. J. Young. On leaving the White House I saw
Mr. John Nichols, and said to him: "John, the President
is going to appoint you." I was also opposed by Judge
Tourgee, a Northern man, and Colonel Shaffer, the
present postmaster, also a Northern man.
I publish the following correspondence that took
place in January, 1887, in relation to the removal of
Page 180
my disabilities imposed by the impeachment and
conviction. Mr. Tucker is since dead. He was a fine
specimen of the old-time gentleman, and an Andrew
Jackson Democrat who never wavered. He had
taken my paper for years, and knew me well, and was
attached to me as a friend.
"SOUTH GASTON, N. C.,
"January 8, 1887.
"Governor W. W. HOLDEN.
MY DEAR SIR: - You
will probably be greatly surprised
at receiving this note and equally so at the suggestion
it contains. You must recollect that I have
been an attentive observer of political events of a local
as well as of a general nature. Now is the time for
action on your part to endeavor to obtain a removal
of your disabilities. I would suggest that the move
be made by an independent Democrat. I think that
Richmond Pearson would prove the most serviceable,
although I know nothing of him except what was
developed in the canvass for the Legislature. He
certainly has pertinacity of a useful character, and
this, when backed by good sense, moral worth, and
truth, is of great value in a political move such as is
here suggested.
"It is a matter of no moment whether success attends
the effort or not, so far as your political future
is involved. I presume you understand all that without
an explanation from me.
Respectfully,
THOMAS GOODE TUCKER."
Page 181
"RALEIGH, January 22, 1887.
"THOMAS GOODE TUCKER, Esq.
"My dear Sir: -
Your kind letter has been received.
I am grateful to you for your suggestion in relation
to my disabilities, but I cannot myself take any action
on the subject.
"Two years ago Mr. Gudger, the Senator from Buncombe,
interested himself in the matter, and showed
me a list of a majority of Senators who had pledged
to vote for my relief, but he said that one of the Senators,
(now Judge Connor) had announced his purpose
to oppose it in debate.1 I then told Mr. Gudger
he would bear witness that I had not asked for it;
that to be a gracious and friendly act it should be
voluntary; that I did not want the people to be excited
and angry about it which would follow debate
in the two Houses; and that he would please drop the
matter. This he did with much reluctance.
"What I did as Governor was done under oath before
the world, from no other motive than to uphold
the Constitution and the law, and I was not at all
influenced by party feeeling
or policy. All my
proclamations
running through a space of eighteen months
teemed with an appeal to the people of the State
without regard to party or color to rally to the support
of the law, and thus avert the alternative forced
on me. I cannot beg for my pardon, and thus admit
my guilt any more than Mr. Davis can. If he should
do that, I should feel that I had lost part of my
respect for him. Only one thing touching the proceedings
1. H. A. Gudger, of Buncombe, Democrat. H. G. Connor, Democrat,
was chairman of the Judiciary Committee of the Senate. [ED.]
Page 182
against me gives me pain, and that is the
utterly unfounded charge that I acted corruptly and
wickedly and in defiance of the Constitution and the
law. In all I did I had only in view the maintenance
of the law and the quiet and happiness of the people.
"I was glad to hear from you. I am glad to know
that you have been spared to a happy and serene old
age, and I sincerely trust that your last days may be
in all respects your very best. Your voice to me is
a consoling and cheering one from the domain of the
past, for I am still a devotee of what the Democratic
party was before the war. Now, I have no party,
but I do not regret that I gave the best years of my
life to build up that party before the War. War implies
desolation and change and new things.
"Your cousin, my dear wife, desires to be kindly
remembered to you. We should be very glad to see
you in Raleigh during the session of the Legislature.
By all means come and stop with us.
"P. S. Please do not understand me as uttering
any language against my native State. I love my
mother State, no matter how she treats me. I am
satisfied with a sense of my own integrity.
W. W. HOLDEN.
But friends like Mr. Tucker have insisted that I
ask the General Assembly to lift the ban which is
upon me. I trust I am not foolishly proud, and that
while I am hurt but not angered, I feel acutely the
fact that I am pronounced by my mother State an
unfit person to hold office. I cherish no resenment
towards any person for what has occurred in the
Page 183
past. I am at peace, or would be, with all men. My
life has been a somewhat stormy one, but it is well
nigh over. I wish to die with no earthly or heavenly
ban on me, and I would that the world would accept
the Golden Rule of the Divine Master, "Do unto all
men as ye would they should do unto you." I am
now walking quietly and serenely on the shore of that
"great ocean I must sail so soon."
This is most probably the last letter I shall ever
write to the public.
MY LAST LETTER TO THE PUBLIC.
We live in altered and in new times. The events
of the past, and the condition of things in the present,
warn us of the paramount importance of Law and
Order. There is no safety to society save in the
reign of Law. I have always held this as a citizen
and as an officer. I hold it still, with added tenacity,
if possible. The paramount thought with all public
officers should be, What is my duty? Not what the
crowd, or the mobs, or bodies of friends desire or
advise, but what is right now, without regard to
party. George Washington himself warns us against
the fatal danger of party spirit. General Andrew
Jackson does the same. Their farewell addresses are
invaluable. General Jackson once said to Col. Bedford
Brown, his personal political friend, "Colonel
Brown you will live to see a great civil war in this
country about slavery. I will not live to see it, but
I put you on your guard. The tariff has been proclaimed
by Duff Green too weak to divide the Union,
but he says slavery is strong enough to do it. Mr.
Page 184
Calhoun and Mr. Preston make speeches for the
South and against the North, and the North in turn
assails the South. One side cuts the wood and lays
it down and the other sets fire to it. If this sectional
feeling is continued I fear the worst." Jackson and
Washington were wise and forecasting. We now
have a restored Union. It is the strongest government
on the face of the earth. It really seems to
possess all power. The States are not very powerful,
and never will be. The rights of States are dead.
I simply state facts. I do not say who did this thing
or that thing. I speak only of results.
Mr. Webster said in one of his great speeches in
the Senate, that if the pillars of the Union should
fall "they would be raised not again." It is not the
same Union, and it never will be.
"Pass
on, relentless world, I grieve
No
more at all that thou hast riven.
Pass
on in God's name, only leave
The
things thou never yet hast given: -
A
heart at ease, a mind at home,
Affections
fixed above thy sway,
Faith,
set upon a world to come
And
patience through life's little day."
The public's most obedient servant,
W. W. HOLDEN.
Page 185
R. C. BADGER ON THE GENESIS OF THE
MILITARY MOVEMENT OF 1870
On March 23, 1871, the
day after the Impeachment
proceedings were ended, Mr. Latham (Dem.),
member of the State Senate, introduced a resolution
raising a "Committee of Inquiry into the conduct of
John Pool, U. S. Senator." The resolution was
adopted by a vote of 30 to 8, and on March 30 Messrs.
Latham (Dem.), Jones (Dem.), and Moore (Rep.),
were appointed to make the investigation. The proceedings
of the committee were not published in any
of the legislative documents but in the newspapers.
Those who testified were R. C. Badger, D. A. Jenkins,
James H. Harris (col.), and I. J. Young. The
most important witness was R. C. Badger. His testimony
is here given because it brings out evidence
nowhere else available, and because the newspaper
files in which it was published have not been well
preserved. The following report is that which appeared
in the Daily Sentinel, April 8, 1871.
WM. BOYD.
Page 187
Appendix
SECRET HISTORY OF THE HOLDEN-KIRK WAR.
INVESTIGATION COMMITTEE - TESTIMONY OF R. C. BADGER,
ESQ. - SENATOR POOL'S PROGRAMME.
We are enabled to lay
before our readers this
morning a portion of the evidence taken before the
special committee of the General Assembly appointed
to investigate the conduct of Senator Pool in regard
to the late outrageous conduct of Gov. Holden in
his arbitrary arrests and imprisonments. We give
Mr. R. C. Badger's testimony in full, and will follow
it by that of other witnesses:
Richard C. Badger being duly sworn, deposes and
says:
Question. Do you remember being present at a
meeting or consultation in the Executive office, in
the city of Raleigh, between Gov. Holden, John Pool
and other members of the Republican party, on or
about the 8th of June, 1870? If so, state what occurred,
and particularly what was said and done by
Mr. Pool.
Answer. Some time during the last summer term
of the Supreme Court, and I think during the first
week, Pool was here in Raleigh. As I heard from
him, and know from seeing him in the room, and
hearing him argue causes, he was at that time in
Page 188
attendance upon the Court. Some time during that
week, I think, and if not, then certainly in the next
week, I was asked to go to Gov. Holden's office to
consult in regard to the outrages in Alamance, Caswell,
and other portions of the State. It was stated
to me by the person who invited me that Mr. Pool and
several other leading Republicans would be present.
I cannot say positively at what time of the day the
meeting began, but my impression is about 3 o'clock.
It was very protracted. During the continuance of
the meeting several persons who were not there at
the beginning came in, and several who were at the
beginning went out. My recollection is not perfect
as regards all the persons who were present, but the
following, at least, were some of them, to wit: the
Governor, John Pool, Jas. H. Harris (col.), Isaac
J. Young, Gen. Willie D. Jones. I do not recollect
distinctly about Col. Clarke, but think he was, but
my impression is not very decided. My impression
as regards the presence of Mr. Treasurer Jenkins is
the same as that I have concerning Clarke, only one
more decided. I am not certain as to United States
Marshal Carrow or Auditor Adams. I think the
latter was present, and I think the same as to Hood
(col.) Assistant Superintendent of Public Instruction,
and W. T. Henderson.
When I came in it was stated to me that the object
of the meeting was to take into consideration what
advice should be given Gov. Holden as to the course
he should pursue to suppress the outrages in Alamance,
Caswell and several other counties in the
Page 189
State. There was a long discussion as to the condition
of the State and the necessity of destroying what
we called the Ku Klux organization. It was conceded
by all present that the ordinary civil tribunals
had failed to accomplish that object, and that unless
some other force was brought to bear Republicans,
white and colored, could not live in certain parts of
North Carolina. There was, also, considerable discussion
as to the remedy. In these discussions a
great many of those present took no part - some
were silent. I, myself, took an active part. It was
very gnerally
agreed that the military power would
have to be used in some shape or other, and that this
military power should be that of North Carolina,
bcause
the military force of the United States sent
to these parts had accomplished no good.
Gov. Holden, during most of the conference, except
those portions of it which referred to the bad
condition of things in the two counties, was a listener
and appeared to be anxious to hear suggestions. I
sat near him during the entire conference, and at
every suggestion made by any person he appealed to
me, either by look, gesture or word, for my opinion
in regard to it.
It was suggested to make a military occupation of
the two counties, and to arrest, detain and try such
persons as were suspected of complicity in the outrages
said to have taken place there, by the military
power. This suggestion was made by Mr. John Pool,
in the first instance. I answered the Governor, who
seemed to appeal to me for my opinion in regard to
Page 190
it, that the military occupation and arrest were right,
and, I thought, necessary, but the trial by military
court was too dangerous an experiment for him to undertake;
that he ought to send in conjunction with
the military a judicial officer to try in accordance
with our forms of law such persons as the military
should arrest. It was said by Mr. Pool that this
would not accomplish the object, and he, in this connection,
called to the Governor's attention what Gov.
Clayton, of Arkansas, had done under similar circumstances,
which, in substance, was, according to his
statement, as follows: that Gov. Clayton, having the
same evils to contend with, had embodied his militia,
taken military possession of disaffected counties, and
tried and executed large numbers of men by military
courts, and in that way had broken up the Ku Klux
in Arkansas. Upon that some discussion took place
between Gov. Holden and John Pool and myself, as
to what its effect would be upon Gov. Holden himself.
I insisted that all the consequences of a failure would
have to be borne by the Governor, and Mr. Pool
insisted that Gov. Clayton had made a success of it,
and there was no reason why such a success should
not result here. I then called attention to the difference
in the conditions of the country - that what
Clayton had done was shortly after the military occupation
of his State by the armies of the United
States, and that what was borne then would not be
borne now. I was referring in that conversation
mainly to trial by military court.
Mr. Pool and I then had a conversation in regard
Page 191
to the same matter in the southwest corner of the
Governor's office, in the Capitol, the result of which
was that he agreed to the proposition originally made
by me, that it would be better to send a judicial
officer with the troops, and not, until that process had
failed, to try the more violent remedy of military
courts. I agreed with him that if the plan I had
suggested should fail to discover and break up these
organizations, that then the Governor should take
the more violent course.
The matter then of the difficulties of the writ of
habeas corpus, taking the arrested men out of the
hands of the military officers, was discussed, I think
nobody being a party to this conversation except the
Governor, Mr. Pool and myself. The proposition,
made by myself, was that the Governor should refuse
to obey the writ of habeas corpus in those counties
placed in a state of insurrection. Mr. Pool thought
that bad policy, and that it would not work, and
thought a better plan would be to answer the writ of
habeas corpus, produce the bodies, and if discharged
to arrest upon some new charge; that that was the
plan President Grant had suggested.
In regard to the organization of troops, the first
difficulty presented and discussed was the fact which
was very generally agreed upon, that if the military
was called out it would have to be white or colored, in
separate organizations, under our laws, or a detailed
militia, as provided for in the Act of 1868. It was
stated, I think by the Governor, that he had tried
the white detailed militia and found it utterly
Page 192
inefficient; that the class of men who would submit to
detail could not be relied on; that as regarded the
white militia, we all agreed, at least those of us who
took part in this discussion, that the Governor would
be embodying a militia mainly composed of Ku Klux
to put down Ku Klux; that as regards the colored
militia it was inexpedient and impolitic to use them,
owing to the prejudice in regard to race and color.
It was then suggested, by whom I do not recollect,
that it would be best to organize a regular force.
This, I think, was concurred in by all who joined in
that conversation. The persons present were grouped
in different parts of the room, and the same parties
did not always join in the conversation, nor were
they in position to hear what was said. At this time
many violent propositions were made, all of which
I do not recollect, the question under discussion being
where we could get white men suitable for the purpose
in view. Mr. Pool stated, at that time, that
there was a man in his county, or section of the State,
by the name of Mac Lindsay, and he mentioned to
me that I knew him, as he was a member of the State
Senate in 1864-65. I had forgotten him, but upon
this being sail I recollected him. Mr. Pool said he
was a man of undoubted courage and capable of any
desperate resolve, and by way of illustrating his
capacity mentioned some daring act of piracy, of
which I had not heard before, committed by the said
Mac Lindsay, either during the war or just after its
close, in the waters of eastern North Carolina, and
that he, the said Mac Lindsey, had been indicted
Page 193
therefor and only saved from punishment by his
(Pool's) influence; that he would guarantee that
this man, Mac Lindsay, would pick up from the
county where he lived, and which was between the
lines during the war, sixty or one hundred men
equally as daring and brave as himself; that this
man, Mac Lindsay, would give the Governor no
trouble - that if these men, arrested by him, undertook
any resistance he would kill them, or they would
be lost and never heard of again. I do not undertake
to state his exact words, but this was the substance
of his conversation. The Governor at this time was
sitting in his chair. He got up and walked nervously
up and down the room for a few minutes before anything
was said. I got up from the seat I occupied
on the sofa, in the southwest corner of the room, and
stated to the Governor, and it may have been in the
presence of some others of the company, that such a
proposition was infamous, and that if it resulted as
suggested the Governor would be damned in the
memories of men for all time. Mr. Pool then said I
had misunderstood his meaning, that he did not
intend that result, he wanted to illustrate the determined
character of Mac Lindsay, and he may have
qualified it in a good many other ways. He stated
in this connection that Clayton's troops gave no
trouble. At this time some other man who was present,
I do not recollect distinctly who it was, said that
he could furnish sixty or one hundred men of the
same description from his county, and mentioned
some wonderful exploits they had performed during
Page 194
the war. All of these propositions and suggestions
with regard to using such violent material were objected
to by Gov. Holden.
At some time during this conversation, and when
the propriety of using military measures was under
discussion, and when Gov. Holden was, as I understood
it, objecting to the means proposed, and seemed
indisposed to undertake the movement, Mr. Pool
said, in substance about this: "Governor, you do not
know how they are talking about you in Washington.
The Republicans there say you are a failure, and
Grant says you and Smith of Alabama were made
Governors of States by the Republican party under
the reconstruction acts, and that you are sitting still
and permitting these Ku Klux to take them away
from you, or cause them to slip away from you."
There was a meeting next day at which only the
Governor, John Pool and myself were present. Somebody
suggested the appointment of Col. Clarke, who
was in the city. Col. Clarke was sent for, and after
persuasion, agreed to accept the command. I concurred.
Question. Who invited you to the conference in
the Executive office?
Answer. I was invited by the Governor.
Question. State, as near as you can, the relative
positions of the Governor, John Pool and yourself,
and any other persons you can recollect.
Answer. Just previous to the time when Mr. Pool
recommended his military plan, he had been standing,
conversing with somebody, at the southeast window.
Page 195
The Governor was either in his chair or walking
up and down the room between where his chair
sat and the sub division between the southern windows,
and I was sitting on the sofa near the southwestern
window, or near the Governor's chair.
Question. What was Mr. Pool's manner?
Answer. My impression from his manner was
that Mr. Pool meant what he said until his proposition
met with disfavor; and then he varied his manner
so as to induce the belief that he was jesting.
Question. Please state what was your inference,
from the language of Mr. Pool, before his plan met
with disfavor, of the character and antecedents of
Lindsay.
Answer. I thought Lindsay a determined villain,
capable of taking life at the instance of a superior
without question. I drew the inference from Mr.
Pool's statement, and that was my reason for denouncing
it as infamous.
Question. Did Mr. Pool suggest the arrest of any
parties, by name, or did he suggest the arrest of
prominent gentlemen of the Conservative party in
the State?
Answer. I cannot say, from my own recollection,
with absolute certainty, that he did, and I am disinclined
to the belief that he did. I have some indistinct
idea of something of the kind, but I think it
must have come from the newspapers, which I constantly
read.
Question. Have you ever heard, until Mr. Pool
made the statement, of the particulars as to which
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Mr. Pool said Gov. Clayton had performed in
Arkansas?
Answer. I had not. I had a confused notion from the
telegraphic accounts of the newspapers, to which I
paid little attention, such things being common, that
Gov. Clayton was undertaking a military movement
against certain portions of Arkansas.
Question. Did you understand Mr. Pool to approve
and recommend to Gov. Holden the conduct of Gov.
Clayton?
Answer. I did. My understanding was that when he
related what Gov. Clayton had done he intended
that it should be followed by Gov. Holden.
Question. Did Mr. Pool, in that conversation, give
Gen. Grant's opinion of Clayton?
Answer. I am not certain that he did, but he did use
Grant's name in connection with Gov. Holden and Gov.
Smith of Alabama.
Question. Have you had any conversation or
communication with the other parties who were
present, who corroborate your statements? If so, who
are the parties?
Answer. I have conversed with Col. W. J. Clarke in
regard to this matter, and he said, though he had no
distinct recollection of the specific conversation, he did
recollect that many violent propositions were made, but
none adopted. J. H. Harris told me, in front of the
Court House in this city, in the fall of 1870, that in that
meeting Mr. John Pool made some propositions, of
which his recollection was not distinct, of a very violent
character, and said something
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about "losing men," or that "he had a man
who would lose them." I have had a conversation with
D. A. Jenkins who denies being present at the time; also with
I. J. Young, who agrees substantially with the facts as
I have stated them, and with Gov. Holden, who also
agrees with the facts as I have stated them.
Question. When Senator Pool spoke of resistance,
did you understand it as relating solely to instances of
that kind, or rather that he would dispose of men in
such a way as to relieve Gov. Holden of the odium and
responsibility of such things?
Answer. I thought both from the first suggestion -
that he, Lindsay, would do it in either case, and
render courts martial unnecessary. He afterwards
qualified it, but not until it had met with the disapproval
of nearly every person present in that part of the room.
He then qualified it as I have stated it, in my
examination-in-chief.
Question. Did you infer from the conduct of the
Governor, when the proposition was made by Pool, as
stated, that his impression was the same as yours?
Answer. I so inferred; and further, that he
disapproved of it.
Question. What is your best impression as to who
the man was who, after Pool had spoken of Lindsay,
said he could furnish sixty or one hundred men of like
calibre, and what were their remarkable exploits?
Answer. My best impression is that D. A. Jenkins,
the Treasurer, made the suggestion, and made it in an
excited manner. Indeed, I know that Jenkins
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made the remark, and I am in doubt only as to
time, as he might have made it on some subsequent
occasion or meeting in the Executive office at which
the matter was alluded to. I have forgotten what
the exploits were, but a great deal of gasconade was
indulged in in the way of description.
Question. In any of the conversations between
Pool, Holden and yourself was any reference made
to the effect on the coming election?
Answer. That was not the subject of conversation.
It related to the outrages, though the election may
have been alluded to incidentally, and I think it was
in connection with the matter. It was suggested that
unless the outrages were suppressed there could be
no fair election in those portions of North Carolina
where the Ku Klux were operating; and I think
prompt action, by whom I don't recollect, was urged
on that account.
Question. How many, in all, do you think were
present in the first meeting?
Answer. Thirteen.
Question. Did they constitute the ordinary and
legal counsel of the Governor?
Answer. No, and were not so understood to be,
but a meeting of leading Republicans.
Question. When did the conversation between
yourself and James H. Harris occur, and where?
Answer. Before the meeting of the Legislature,
some time last fall, and in front of the Court House,
in this city.
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Question. What are your present party
affiliations?
Answer. Republican of the
straightest sect. My
theory is a government of the strongest kind - a
centralized government.
Question. Were you of counsel for Gov. Holden
in the late impeachment trial?
Answer. I was.
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