Law Enforcer or Law Breaker?Governor Holden & the Kirk-

Holden War

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Presidential ReconstructionAfter the Civil War, President Andrew Johnson moved to rebuild and reintegrate the former Confederate states under his Reconstruction plan.

Pardoned hundreds of Confederate offices & officialsReturned confiscated property to white southernersAppointed Governors to supervise writing of new state constitutionsAgreed to readmit states if they ratified the 13th Amendment

None of Johnson’s requirements guaranteed the protection of freedmen or stopped former Confederate leaders from regaining power in state governments. Johnson declared Reconstruction over at the end of 1865.

Many Southern states appointed former Confederate leaders to Congress and elected them to state government. These new state governments began to pass "Black Codes," or laws subjecting former slaves to a variety of restrictions on their freedom. North Carolina passed its own black codes in 1866.

To help enforce these codes, secret societies, including the Ku Klux Klan, were formed to terrorize African Americans and Republican supporters into submission. Without protection from the Federal government, little would change for former slaves.

Radical ReconstructionRadical Republicans, who made up the majority in Congress, were furious with Johnson. They felt that his plan was too soft on the former Confederate states.

Congressional Republicans overrode Johnson's veto to pass:Civil Rights Act of 1866: defined US citizenship and affirmed that all citizens were equally protected by the law.

Reconstruction acts: placed the southern states (except Tennessee) under military control, disfranchised many former Confederates, and required states to revise their constitutions to enfranchise freedmen.

When these states were reorganized under their new constitutions, they were required to ratify the 14th Amendment, which would allow them to regain their seats in Congress.

Reconstruction in North Carolina

William Woods Holden, a former Democratic Party supporter who originally supported secession, was appointed governor by President Johnson in 1865.

Early on in the war, Holden began to criticize the Confederacy and advocated peace with the Union. By the end of the war, he supported the Union and Republicans.

Jonathan Worth, the popular NC Treasurer & Conservative Party candidate, defeated Holden in a special election that same year.

The Conservative Party was a coalition of Democrats and former Whigs. Ironically, Worth opposed secession before the Civil War.

Due to changes brought about by Radical Reconstruction, Republicans won majorities in the North Carolina Government.

In 1868, the Republican controlled government drafted a new, more democratic constitution, and ratified the 14th

Amendment. As a result, North Carolina was admitted back into the Union.

W.W. Holden

Reconstruction in North CarolinaGovernor Worth opposed Radical Reconstruction and often clashed with the US military because he felt that they interfered with civilian affairs.

In 1867, the military order a new election. Worth refused to run for reelection and Holden won easily, by a vote of 92,325 to 73,594.

Worth’s Letter to Holden

Holden as GovernorWhen Governor Worth refused to recognize the Republican victory or to vacate his post before his term expired, Holden assumed the governorship through the direct interdiction of General Edward Canby and the Reconstruction laws.

Holden faced enormous challenges during his administration:• reorganization of local and state governments

• reestablishment of public schools open to all children

• penal reform and the construction of a state penitentiary

• development of a deteriorating economy by encouraging northern migration of labor and capital

• expansion of railroads and other internal improvements

• obtaining equal justice for all persons.

Violence in Caswell & Alamance Counties

In 1870, Wyatt Outlaw – an African American Town Commissioner and police constable from Graham, NC – was lynched by the KKK. A note that read, "Beware, ye guilty, both black and white" was pinned to his body.

A few months later, John W. “Chicken” Stephens – a Republican State Senator and Justice of the Peace -- was murdered by the KKK in the Yanceville Courthouse.

In addition to these two high profile murders, the KKK and other white supremacist groups perpetrated numerous other acts of violence.

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 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.

SHOFFNER ACT

A law passed in 1870, named for state senator T. M. Shoffnerof Alamance County.

The law enabled the governor to declare a 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” if the local officials were incapable — or unwilling — to do so.

Holden declared martial law in Alamance County on March 7 and in Caswell County on July 8.

Kirk-Holden War

Gov. Holden called on Union Col. George W. Kirk to lead the state militia. Kirk was known as a “notorious desperado” among Conservatives because of his actions against the Confederacy in Tennessee.

Many Republicans opposed his selection as well:

“Such men as Col. Kirk do not do a political party good. He is universally detested by the people as a military man – they fear and hate him.” – Albert H. McDowell, a Republican from Asheville.

Kirk-Holden WarAfter gathering his troops from Western NC (and some from Tennessee), Kirk traveled to Raleigh on July 18 to meet with Gov. Holden - who gave him a list of people to arrest.

Over the next two weeks, Kirk and his men arrested 82 suspects from Alamance and 19 from Caswell. These men were denied habeas corpus, held in jail, denied bail, and, in some cases, never told why they were being arrested.

A few prisoners were even tortured. Holden responded forcefully, writing to Kirk, “All prisoners, no matter how guilty they may be supposed to be, should be treated humanely.”

Caswell

Alamance

Kirk-Holden War

Many Conservative papers were sympathetic to the KKK & their goal of overthrowing the Republicans and restoring “white only” rule, so they either ignored the KKK’s violent acts or claimed they were part of a Republican conspiracy.

After the arrests, Conservative newspapers began calling the campaign against the KKK the “Kirk-Holden War”.

One paper referred to Holden as “one of the most unscrupulous despots and vindictive tyrants that ever disgraced the annals of modern history.”

To make matters worse, Kirk’s second in command – George Bergen – took it upon himself to arrest Josiah Turner, publisher of one of the most influential Conservative newspapers, The Raleigh Sentinel. Many Republicans referred to Turner as “king of the Ku Klux” because of his fiery rhetoric. Despite his nickname, there was no direct proof he was a member of the Klan or involved in any violence.

The Chief Justice of the NC Supreme Court, Richmond M. Pearson issued writs of habeas corpus so the prisoners could be brought before the court and charged. He also noted that the 1868 NC Constitution forbid the governor from declaring marshal law. Holden ignored the orders, arguing that he had the right to use whatever means to restore order and protect innocent citizens in Caswell & Alamance.

The Federal Government intervened and ruled against Holden –he must allow the prisoners a day in court. Two court hearings were scheduled, one in Raleigh and one in Salisbury.

The trial in Salisbury was disaster. The prosecutors were caught off guard, believing that it was only a preliminary hearing, so they didn’t prepare any evidence against the accused. The judge was forced to let all the men walk free.

The trial in Raleigh was better. The prosecution provided enough evidence for 49 men to be charged with crimes. Their trials were held in local courts in Alamance and Caswell.

Ultimately, all the men were acquitted of any charges. This helped proved Holden’s assertion that civil government was useless against the Klan.

Due to the negative press & legitimate concerns about executive overreach, the Kirk-Holden “war” managed to turn many North Carolinians against the Republican party.

Conservatives made sweeping gains in the election of 1870 and now controlled the General Assembly.

What do you think this means for Governor Holden?

Trial of William HoldenThe NC House has voted to impeach Governor William Holden, so he must be tried in the Senate. These are the questions facing the court/charges against the Governor:

Did Governor Holden violate the law when he declared Alamance and Caswell Counties in a state of insurrection?

Did Governor Holden violate the law when his appointed militia arrested Josiah Turner, John Kerr and over 100 other people and denied them a writ of habeas corpus?

If Governor Holden did violate the law, are these violations serious enough to warrant his removal from office?

Trial of William HoldenSimulation Roles:

Chief Justice: Richmond M. Pearson

Prosecution: Thomas Bragg & William A. Graham

Defense Attorneys: William Smith & Nathaniel Boyden

Witnesses:Josiah Turner, publisher of the Raleigh Sentinel and on of those arrested (for the prosecution)

John Kerr, ex-Congressman and one of those arrested (for the prosecution)

Albion Tourgée, judge and supporter of Holden (for the defense)

Governor William Holden (for the defense)

Defense Team/Prosecution Team/Jury

Chief Justice opens trial and provides jury instructions 3-5 minutes

Prosecution provides opening statement 3 minutes

Defense provides opening statement 3 minutes

Prosecution resents & questions first witness: Josiah Turner 5 minutes

Defense questions Josiah Turner 5 minutes

Prosecution resents & questions second witness: John Kerr 5 minutes

Defense questions John Kerr 5 minutes

Defense resents & questions first witness: Albion Tourgée 5 minutes

Prosecution questions Albion Tourgée 5 minutes

Defense resents & questions second witness: Governor William Holden

5 minutes

Defense questions William Holden 5 minutes

Prosecution provides closing argument 3 minutes

Defense provides closing argument 3 minutes

Senate votes 5 minutes

Sourceshttp://www.nccivilwar150.com/history/reconstruction.htm

http://civilwarexperience.ncdcr.gov/narrative/narrative-4.htm

http://www.learnnc.org/lp/editions/nchist-civilwar/4812

http://ncpedia.org/shoffner-act

http://books.google.com/books?id=wRs66cWd3ekC&pg=PA307&lpg=PA307&dq=%22Beware,+ye+guilty,+both+black+and+white.%22&source=bl&ots=N6bUBIJNox&sig=VEpDS_DQNHLYagfOEqrKMNYh4wc&hl=en&sa=X&ei=Gfa9U62tIZafyAT1jIKYBA&ved=0CCgQ6AEwAQ#v=onepage&q=%22Beware%2C%20ye%20guilty%2C%20both%20black%20and%20white.%22&f=false

http://docsouth.unc.edu/highlights/holden_kirk.html

http://ncpedia.org/conservative-party

http://www.history.org/history/teaching/enewsletter/volume10/feb12/primsource.cfm