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and some another, but I believe they all voted conscientiously. The one that was the greatest cause of trouble was the one I have just mentioned, his assuming the right to enlist a force and arm it, to take money from the treasury without any authority of law, to pay a force to go and arrest some of his old political enemies, men whom it is said he personally hated; to take them and imprison them without warrant. That made a great deal of excitement; if it had not been for the election we would have had civil war. North Carolina stands a great deal, but I think we would have had fun last summer but for the election. 

"Question. His conviction could not have been had under your constitution unless several Republicans had concurred in voting for that conviction?

"Answer. That is so; but the strongest proof of the enormity of his conduct is the fact that his conduct carried the State of North Caroline like a whirlwind; we would not have had a two-thirds majority in the senate at all if it had not been for the indignation felt throughout the length and breadth of the State; that whirled North Carolina over in her politics; there is no question about that.
"Question. Did you have a Democratic majority of two thirds in the senate?

"Answer. Yes, sir. 

"Question. Does it require more than two thirds to convict?

"Answer. No, sir; we had a very large majority on some of the votes. 

"Question. On some of the votes you had the entire senate, with the exception of the negroes, had you not?

"Answer. Yes, sir; but the change in the State is the best evidence of the indignation felt and produced by Holden's policy. The Conservatives could not have wished for a better lever to have operated in their own cause than Holden's conduct. He made a grand mistake; it was a political move of his, I have no doubt. The people of North Carolina are a very law-abiding people; just let them know what the law is, and they will submit to it, whether they like it or not. But when Holden took hold of the Army and of the purse, and undertook to hang and kill his old enemies, just as he wished, it aroused a great feeling, like the old Revolution. The people would not have submitted to it; it was with a great deal of difficulty that the thing was arrested. The day when the court met in Raleigh we could have raised, as I understood, five hundred volunteers in the form of a posse to go and take Kirk, who had refused to obey process."

Further on he is asked:

"Does not your law require that the officers of your militia shall be citizens of the State?

"Answer. Yes, sir; the constitution and laws of the State authorize the Governor to call out the militia to enforce the laws; but we never considered this as militia; they were regularly enlisted troops. The militia are the body of the people who are called out as they stand, both parties mixed together, so that it could not be a political army. This is a people's government.
"Question. He has no authority to officer this force except with citizens? 

"Answer. None at all.
"Question. He has no authority to raise an army and to appoint officers other than citizens of the State?

"Answer. That is all, those who are of the regular militia; that is what is provided by the constitution. The Legislature attempted to give the power, but the Legislature had not the authority to give it to him."

Now, I desire the Senate to take notice of this expression:

"The Legislature attempted to define an insurrection in such a way as to make it mean an entirely different thing from an insurrection as contemplated in the Constitution. They undertook to authorize the Governor, whenever he judged that life and property were not secure in any county, to declare that county in a state of insurrection, and to raise militia and send them there. 

"Question. I did not know that our Ku Klux law had originated in North Carolina. 

"Answer. You copied it perfectly; your bill here is almost identical with the Shoffner bill of the Legislature of North Carolina.
"Question. I am very glad to find out where it originated. 

"Answer. I have several times remarked the resemblance between the congressional Ku Klux bill and our Shoffner bill, as we call it. 

"Question. Heretofore we have been unable to find any precedent for it. 

"Answer. There is one in North Carolina, and you can find there the results that follow upon it."

You can find it in North Carolina. It was a bill to define an insurrection to mean something else than the insurrection and rebellion known to the law and spoken of in the Constitution of the United States. That is the exact bill which we have here, to authorize the President whenever he may deem that persons or property or anything else that he holds dear is unsafe in any of the States, to declare martial law, and to deprive the people of the privileges of the writ of habeas corpus. It was put in force in North Carolina. The people of North Carolina overthrew it, and over threw its originators; and in my judgment this attempt to reelect the President of the United States by force and arms, by a violation of the Constitution, by the overthrow of the great writ of right, and placing the people at his mercy, is one that will evoke from the people of this country an indignation that will hurl him and his abettors into defeat and disgrace. 

It is necessary as a matter of course, when an attempt of this kind is made, to set up some plausible excuse for the exercise of this tremendous power. That excuse is the rawhead and bloody-bones of Ku Klux. It has done good service heretofore for the Radical party. It is sought now to make it of still further service. The rebellion, which demands the exercise of this martial law, which has brought this measure forward, and which will possibly force it through this House and the other, is not any insurrection of rebellion at the South. It is clear, it is manifest, it is undeniable that no rebellion, no resistance to the law exists in any State of the South. It is not even asserted that it exists there. But, sir, there is a rebellion in the Republican ranks, and that is what makes it necessary to take these extraordinary means to secure the reelection of the President. The outrages which his administration have inflicted upon the country, which have been investigated and exposed upon this floor and the floor of the other House during this and preceding sessions of Congress, have caused an uprising among the honest and respectable Republicans throughout the country. That is the rebellion which the Administration apprehends more than any other. They would 
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