8. The conspiracy against the Constitution, the laws and the liberties of the people developed rapidly, now that the highest judges in the State had declared the courts of the State to be impotent. The military tribunals that the Governor failed to get from Congress in March, he now proceeded to organize under the Shoffner act. The court was to consist of thirteen members, seven of whom Governor Holden selected from among his own partisans in the militia and six he left to Kirke to select from the officers of his command. * The 25th day of July was first selected for the meeting of the court, and then the 8th of August. [!] It was a terrible state of affairs. The Chief Executive of the State was daily making his preparations for holding a drum head court-martial to try the best men in all the land, tie them to stakes and shoot them like dogs, while the judiciary, standing in sight and in hearing, declared itself helpless! *For full letter, see Impeachment Trial, Volume I, page 238. [!]For full letter, see Impeachment Trial, Volume II, page 1147. 9. Fortunately, Chief-Justice Pearson and those who sat with him were not the only judges in North Carolina. There proved to be at least one judge who did not think his powers exhausted. That judge was George W. Brooks, Judge of the United States District Court for North Carolina, and application was accordingly made to him for a writ of habeas corpus. He came to Raleigh, and was told by the Governor that if he interfered civil war would ensue; but Judge Brooks was inflexible, and, on August 6th he ordered Marshal Carrow to notify Colonel Kirke that in ten days his prisoners should be brought before his Honor at Salisbury. 10. Governor Holden then appealed to President Grant, informing him of the situation; and the President, after advising with the Attorney-General, replied that the authority of Judge Brooks must be respected. Kirke accordingly brought a portion of his prisoners as ordered, to Salisbury, and as no crimes were alleged for their detention, they were all set at liberty. 11. As soon as Governor Holden was informed of the decision of the President, he sent a messenger in haste to the Chief Justice, who thereupon came to Raleigh, and the prisoners who had not been brought before Judge Brooks at Salisbury were carried before him and the other Judges of the Supreme Court at Raleigh.