V -5 a; CORNELL UNIVERSITY LIBRARY The Gift of NEWTON C. FARR Class of 1909 DATE DUE ;3 GAYLORD PRINTED IN US i Cornell University Library F 259 H21 Reconstruction in Nprlji parolina / J. olin 3 1924 028 788 664 I^MLLA)^ Isf ^ Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924028788664 ,^^ legv^ -^ kpOJ A lys-^^'^ ^^7s^'^^'%^^ IroC^^ therfbrde ' O R S NORTH CAROLINA IN 1865 iCMATTtKAS CLOOKOUT ^ STUDIES m HISTORY, ECONOMICS A2TD PUBLIC LAW EDITED BY THE FACULTY OF POLITICAL SCIENCE OF COLUMBIA UNIVERSITY Volume LVin] [Whole Number 141 RECONSTRUCTION IN NORTH CAROLINA J. G. DE ROULHAC HAMILTON, Ph.D. Alumni Professor of History The University of Nortk Carolina COLUMBIA UNIVERSITY LONGMANS, GREEN & CO., AGENTS London : P. S. King & Son 1914 IP a ti; i Copyright, igi4 BY J. G. DE ROULHAC HAMILTON b' . i ^ ^-^^) THE MEMORY OF DANIEL HEYWARD HAMILTON 1 838- 1 908 THIS VOLUME IS REVERENTLY AND AFFECTIONATELY DEDICATED PREFACE The following study was commenced by the author, in 1902, as a doctoral dissertation in Columbia University, and in I9'06, for that purpose, the first six chapters were privately printed, but in a somewhat different form from that in which they now appear, the chief changes having been made on account of the discovery of new material re- lating to the period covered. Since that time, the investiga- tion has been steadily continued in order to cover the entire period until the close of Reconstruction in 1876. During that interval, one chapter has been published in the Sewanee Review, and one chapter and part of another in the South Atlantic Quarterly, and these are included through the cour- tesy of the editors of those publications. The author has sought throughout the work to divest himself of any prejudice in his treatment of a period which, while it closed before his birth, has been the cause of so much later bitterness, prejudice, and sectional mis- understanding. He has held no thesis, but has sought only to present the truth, and, in the main, to relate rather than interpret. In his search for material one great obstacle has been found, namely, the marked disinclination of many of the actors in the period to discuss at all the matters therein involved. This will explain why so much of the material bearing on many disputed questions appears to be derived from one side. One or two Republicans of the period, however, have been of incalculable assistance. To the many who have aided him in his investigations, the author desires to return his hearty thanks. In particu- vi PREFACE lar, he wishes to mention his indebtedness to Mrs. William H. Bagley and Mrs. E. E. Moffitt for the use of the cor- respondence of their father, Governor Jonathan Worth; to Major William A. Graham and Major John W. Gra- ham for a similar favor in regard to the papers of their father, Governor William A. Graham, and for much val- uable information; to Hon. Josephus Daniels for the use of his files of the Sentinel and for many courtesies; to Cap- tain S. A. Ashe, the late Colonel A. K. McClure, Governor Thomas J. Jarvis, Hon. Jacob A. Long, Dr. Kemp P. Battle, the late Hon. Richard H. Battle, the late Hon. C. L. Harris, and Hon. John Nichols for much valuable material and many helpful suggestions. To his friends. Professors James W. Garner and Walter L. Fleming who blazed the trail which he has followed, he owes a debt not to be ex- pressed in words. To his friend and colleague. Professor N. W. Walker, who has done him infinite service by a criti- cal reading of the proof, he renders his sincere thanks. To his wife, who has been of constant and invaluable assist- ance to him in writing the book, in preparing the manu- script for the printer, and in reading the proof, he makes his grateful acknowledgments. Above all, the author wishes to pay a tribute of gratitude and affection to his friend and inspired teacher, Professor William A. Dun- ning, of Columbia University, without whose constant guid- ance, encouragement, and cordial assistance, the book would never have been written. Chapel Hill, North Carolina, January 25, 1914. CONTENTS PAGE CHAPTER I Secession and War in North Carolina 1. Disunion Sentiment prior to i860 i 2. The Campaign of i860 10 3. The Secession Movement . . 13 4. Secession and War 25 5. War Politics and the Peace Movement 36 6. Financial and Economic Conditions in War 68 CHAPTER II Beginnings of Reconstruction During the War 1. The Hatteras Convention and Government 81 2. The Administration of Edward Stanly 87 3. The Downfall of the State Government 95 CHAPTER III Presidential Reconstruction 1. The Provisional Government 106 2. The Convention of 1865 120 3. The Campaign and Election of 1865 133 4. The Return to Civil Government 142 CHAPTER IV Political and Social Conditions Under the Restored Government 1. The Freedmen 14^ 2. Conflict of the Civil and Military Powers 152 3. State Politics in i865 171 4. Economic and Financial Problems 192 5. Transportation and the Mails 201 vii viii CONTENTS PAGH CHAPTER V Military Government Under the Reconstruction Acts 1. The Reconstruction Acts 2°7 2. Military Government under General Sickles 221 3. Military Government under General Canby 234 4. State Politics and Election of 1867 240 CHAPTER VI The Convention of 1868 and its Work 1. The Convention of 1868 253 2. Constitutional Changes 273 3. Politics and Election of 1868. 278 4. The Completion of Reconstruction 288 CHAPTER VII The Freedmen's Bureau 1. Organization » 295 2. Relief Work, Labor, and the Administration of Justice 300 3. Education 314 4. General Character and Influence of the Bureau 320 CHAPTER VIII The Union League 327 CHAPTER IX The Republican Regime 1. Inauguration of the Holden Administration 343 2. The Legislature of 1S68 349 3. The Presidential Campaign of 1S68 . . 360 4. The Legislature of 1868-1S69 37c CHAPTER X The Republican Regime (Continued) 1. Politics in 1869 ,88 2. The Legislature of 1869-1870 ^^oo 3. Character of Administration ^iq 4. Social and Economic Conditions, 1868-1870 To lessen the evil, Governor Clark, acting under the advice of the Council of State, proclaimed an embargo upon the exportation of certain supplies from the State, except for the use of the state or Confederate governments.^ An extension of this was made a iew weeks later." The con- vention, at its second session, made speculation in the neces- saries of life a misdemeanor.* This was evidently inop- perative for some reason, and the legislature at various times during the war considered the matter. One law was enacted prohibiting the practice," but it seems to have been utterly futile. Governor Vance had recommended its pas- sage and at the same time placed an embargo on the neces- saries of life for thirty days." Prices rose steadily as the war progressed.' A board of ' Standard, October 2, November 20, 1861, et seq. ' Register, September 25, 1861. " Ibid., October 9, 1861. * Ordinances, second session, p. 75. ^ Laws, 1862-3, chap. Ivi. ' Off. Rec, no. 128, p. 214. ' The following table, gathered from the Raleigh market reports, gives a good idea of the rise of prices on various articles: Price, Sept. 15, June 8, Aug. 29, March 27, Article. 1862. 1863. 1864. 1865. Bacon, per pound. $0.33 $1.00 $5.50 $7-50 Beef, per pound. .12 .50 2.50 3.00 Corn, per bushel, 1. 10 550 20.00 30.00 Meal, per bushel. 1.25 5.50 20.00 30.00 Coffee, per pound. 2.50 None 15.00 40.00 Eggs, per dozen. .30 1.75 1.40 5.00 Fowls, each, .40 1.50 300 6.00 Lard, per pound. •30 i.oo 550 750 Molasses, per gallon, 3.00 10.00 25.00 25.00 Potatoes, per bushel, 1. 00 4.00 7.00 30.00 Sweet potatoes, per bushel. i.SO 500 6.00 3S.0O Wheat, per bushel. 300 8.00 25.00 50.00 Flour, per barrel. 18.00 35.00 125.00 500.00 Pork, per pound. 1.60 4.00 550 Sugar, per pound, ■75 1.60 12.00 30.00 Brandy or whiskey, per gal. 5.00 20.00 40.00 100.00 78 RECONSTRUCTION IN NORTH CAROLINA appraisement was appointed to value articles for purchase by the government, but their prices were far below the market. Every two months a new schedule of prices was published for the information of the people. Many families had every male member in the army and no other means of support but their labor. The pay of a private, or for that matter, of an officer, in the Confederate army, was not suflicient for the support of one person, and consequently widespread distress soon appeared. In and around Raleigh, everyone could get a living by working in the factories and hospitals. But this only affected a small part of the population. Early in his administration, Governor Vance saw the condition which would arise, and took immediate steps to prevent suffering so far as possible. He asked Weldon N. Edwards to assemble the convention to consider what plan should be adopted to relieve distress, but this request was refused. At the governor's recommendation, the legislature author- ized him to purchase and store provisions to seU to the poor at cost.^ A large quantity was purchased in the fall of 1862, but only a small part was needed, as the crops were unusually good.' But the value of the plan was seen in the later years of the war, when the crops were smaller and food more scarce. One great cause of the distress in the State was the lack of facilities for transportation. This often kept supplies from being sent where they were most needed. There were portions of the State where the amount of suffering was very slight. The few records that remain of the tithe collection, show that in many places the crops were good and food abundant. But impressment and foraging by detachments of Confederate troops, and the ' Laws, 1862-3, chap. xv. ' Governor's message, November, 1863. SECESSION AND WAR IN NORTH CAROLINA yg foraging and destruction by the enemy, in the eastern and western portions of the State, led to the loss of a great part. Governor Vance sent frequent and bitter complaints to Secretary Seddon. In one of his letters, he said: "If God Almighty had yet in store another plague for the Egyptians, worse than all others, I am sure it must have been a regiment or so of half-armed, half -disciplined Con- federate cavalry." ^ Another cause of just complaint was the bringing of large numbers of worn-out horses to the western part of the State to recuperate. There, they were turned loose, and in the absence of fences caused immense damage to the growing crops. Complaints to Richmond, however, brought no redress and no cessation of the nuisance.^ A great cause of suffering was the lack of drugs. Such as were used were mostly of home manufacture. The " Ad- Vance " brought in large quantities, but nearly all were sent to the front or used in the military hospitals in the State. Sickness, as might be expected, was very frequent. Smallpox existed in many neighborhoods and the lesser epi- demics were everywhere. In 1862, Wilmington was visited by a virulent type of yellow fever which in two months caused 441 deaths. The total number of cases was 1,505. New Bern also had a sharp epidemic of yellow fever, but it was during federal occupation and no statistics are avail- able. In May, 1861, the legislature passed a stay law. This was declared unconstitutional by the Supreme Court, and was repealed in September and another passed. This pre- vented executions' being issued in civil suits. In 1863, the provisions of the statute of limitations were extended for ' Vance to Seddon, December i, 1863. ^ Laws, second session, 1861, chap. xi. 8o RECONSTRUCTION IN NORTH CAROLINA civil matters by omitting the period from May 20 to the end of the war. By 1865, the State was, in an economic sense, almost prostrate/ The end of the war thus averted much suffering that would have followed had hostilities continued longer. ' The following extract from The Last Ninety Days of the War gives an excellent idea of the condition of the portion of the population that had been wealthy before the war: "In North Carolina families of the highest respectability and refinement lived for months on corn bread, sorghum, and peas. Meat was seldom on the table, tea and coffee never; dried apples and peaches were a luxury. Children went barefoot through the winter, and ladies made their own shoes and wove their own homespuns; carpets were cut into blankets, and window curtains and sheets were torn up for hospital use; soldiers' socks were knit day and night, while for home service, clothes were turned twice and patches were patched again." CHAPTER TWO Beginnings of Reconstruction During the War No sooner had the federal troops gained a foothold in the State than efforts were made to gather together such of the people as favored the cause of the Union and such as were dissatisfied with the Confederacy, by means of the establishment of a new state government around which they might rally. Two such attempts were made, both of which were unsuccessful. In the first instance, the movement professed to originate within the State. Although it was sponsored by the federal military forces, it was designed to form a civil government. The second was avowedly military and had its origin in an order from the President of the United States. I. THE HATTERAS CONVENTION AND GOVERNMENT. The fall of Fort Hatteras and the capture of Hatteras Inlet by the federal fleet and forces under General B. F. Butler in 1861, gave an opportunity for the first enter- prise. Certain persons who were disloyal to the state government began a movement, avowedly intended to restore the State to the Union, but really designed, as the sequel indicated, chiefly to promote their own inter- ests. The population of Hyde and Washington counties was sparse and was almost entirely unprotected from the in- vading forces. Practically all of the male population who 81 82 RECONSTRUCTION IN NORTH CAROLINA were in sympathy with the Confederacy, were in the army. Those at home were Unionists in feeling, partly through genuine dislike of the war and a desire to avoid military service for the Confederacy, and partly also by fear of the federal forces, at vvhose mercy they were placed on account of the lack of any adequate coast defence. Almost immediately after the capture of the Inlet, Colonel Rush C. Hawkins of the Ninth New York Vol- unteers was approached by some of the inhabitants who had taken flight at the approach of the federal fleet, and asked to grant them permission to return to their homes, as they had taken no part against the United States and had no desire to do so. At his suggestion, about thirty took the oath of allegiance and promised to keep the commander of the federal forces informed of the move- ments of the Confederates. In return they were prom- ised protection. Within a week, two hundred and fifty persons had taken the oath under similar conditions. They declared that secret meetings were being held in all the counties bordering on Pamlico Sound and that fear alone prevented the people from openly avowing their Union sentiments.' Colonel Hawkins, in his re- port, suggested the possibility of a convention of the State's being called by the people under the protection of the federal forces, through which, he thought, a third of the State would be at once restored to the Union. In order to forward a movement of this kind, as fast as the inhabitants took the oath they were sent across the sound to act as spies and to test opinion there. Their reports led him to believe that it would be productive of good results to enlist North Carolina volunteers for ser- vice in the State. He suggested that, as a pledge of ' Off. Rec, no. 4, p. 608. BEGINNINGS OF RECONSTRUCTION 83 good intentions, the government should pay for the property which had been plundered and destroyed by federal troops, not amounting in all, he thought, to more than $5,000, and also provide the inhabitants with food and clothing.' He was greatly hindered in his progress toward pacification by the depredations of the 20th New York Regiment and threatened their commanding officer, Colonel Weber, with the use of artillery against them if a stop was not put to it.= Acting upon his suggestions. President Lincoln in September wrote General Scott, requesting him to frame an order for recruiting North Carolina volunteers at Fort Hatteras. He left it to General Scott to decide about the officers, but said Secretary Seward thought his nephew, Clarence Seward, "would be willing to go and play colonel and assist in raising the force." ^ In accordance with this, the acceptance of North Carolina volunteers, not to exceed one regiment, was authorized. On September 17, Colonel Hawkins, in order to clear the minds of the people of prejudice against the federal forces, issued a proclamation, addressed to the people of North Carolina, declaring as the purpose of the in- vasion the relief of the loyal people of the State from "rebels and traitors," and calling upon the people to re- turn to their allegiance to the United States. "^ He scat- tered copies of this proclamation through all the country along Pamlico Sound and sent them to various inland towns. Almost immediately, the state authorities be- came aware of it, but Governor Clark, while alarmed at the reports which reached him, was unable to do any- thing which would remedy matters. Judge Biggs, of ■C^. J?ec., no. 4, pp. 608-9. "'Ibid., p. 610. "Ibid., p. 613. ' /bid., -pp. 6SS-9. 84 RECONSTRUCTION IN NORTH CAROLINA the Confederate District Court, wrote General R. C. Gatlin, who commanded the Confederate forces in the East, that he was doubtful if a majority of the population of Washington County could be depended on, in case of invasion, and that while few were openly disloyal, the sentiment in Tyrrell and Beaufort was such as to cause grave uneasiness.' This was the condition of affairs when the self-constituted leaders of Union sentiment in eastern North Carolina began the movement which, it was hoped, would result in the restoration of the State to the Union. These leaders were Charles Henry Foster and Marble Nash Taylor. Comparatively little is known of either of them. Taylor was a Methodist minister, a native of the "Pan-Handle" of Virginia, who was with the Con- federate troops at Hatteras. He joined the federal forces before the capture and was accused, whether falsely or not, of giving to them information which con- tributed to the ease with which victory was obtained. In a letter to a brother-in-law in Cumberland County, where he himself had formerly lived, he said that he had been compelled by the force of circumstances to side with the Union." Charles Henry Foster was a native of Maine and a graduate of Bowdoin College. He had first come South in the employ of some land company, and in i860 was editor of a Breckinridge newspaper in Murfreesboro.^ He was, apparently, in favor of secession, but after the fall of Sumter, his attitude made the people suspicious, and he was expelled from the town by a public meeting ' Off. Rec, no. 4, p. 671. ° Western Democrat, October i, 1861. 'New Bern Progress, December 12, i85i BEGINNINGS OF RECONSTRUCTION 85 of the citizens. He appealed to Governor Ellis for per- mission to remain in the State and, through the efforts of friends, the vote was rescinded. He had in the mean- time declared his good intentions.' But in November he had succeeded in reaching New York, and in company with Taylor attended a large meeting at which George Bancroft presided, which was held for the assistance and encouragement of the proposed new administration in North Carolina. ° The plan of action was largely mapped out there and the state department was notified of their intentions by Foster, who stated that all the North Carolinians in New York, who were loyal to the Union, favored the plan and that it was hoped and expected that it would largely increase the Union sentiment in the State. He also said that six counties would be repre- sented in the convention, which had already been called, and that while the Unionists of the western part of the State had desired that the movement should begin there, they had agreed to the plan as formed and would ratify all the acts of the new administration. No change in the laws and constitution of the State, as they were in April, 1861, was intended. The proposed government would have authority with a majority of the freemen of the State, and when " rebel intimidation " was disposed of, it would be recognized by 60,000 men, since all the great mining, railroad, and other business interests of the State were committed to the plan.^ The so-called convention of the people met, November 18, at Hatteras. The minutes of the meeting name '^ Register, May 21, 1862. He stated in a letter that his oath as a Knight of the Golden Circle would prevent his taking sides against the South . "New York Tribune, November 8, 1861. *Off. Rec. no. 122, pp. 630-1. 86 RECONSTRUCTION IN NORTH CAROLINA forty-five counties as represented. Only six or eight persons, however, composed the convention, Taylor and Foster holding what they called proxies for the rest of the counties named. These so-called proxies were authorized by no meetings of citizens, but merely by individuals, who, in most instances, lived in other States.' An ordinance proclaimed Taylor provisional governor, and another declared the ordinance of secession null and void and instructed the governor to issue a call for an election of members of Congress.^ He took the oath of office before a justice of the peace, and two days later issued the proclamation. The election was held and Foster received all the votes cast. He, accord- ingly, presented himself in Washington, as a member from either the first or the second district. The matter was referred to a committee, which reported unfavorably, and in December a resolution was passed declaring him not entitled to a seat from either of the districts named.' He was not discouraged and another similar election was held January 16, at which he again received all the votes. A large number of memorials requesting his admission were sent to Congress, and, in the meantime, for some reason, possibly because he feared his case was weak, another election was held January 30, with the same result. Later, he claimed that this was a postponement 'The following is one of the proxies: " Lima, N. Y., November 15, 18C1. Dear Sir: — I address you this line to request you to represent the Union men of Onslow County, North Carolina, in the State conven- tion to organize a provincial government, having once been a resident of the county and knowing something of the feeling there existing. Rev. M. N. Taylor. I am, respectively, J. W. BAILEY." 'House Mis. Docs., no. 2, 37 Cong., 2 sess. ^ Ibid., no. 15, 37 Cong., 2 sess. BEGINNINGS OF RECONSTkbCTION 87 from the sixteenth. Taylor, as a private citizen, then petitioned Congress to order an election, and Foster requested the same thing. The voting in all the elections was in Hyde County only. The memorials ratifying his election were, in sev- eral cases, signed in only one or two handwritings, and when he appeared before the committee on elections, he could give only a very inadequate explanation of the fact, but claimed that he had been rightfully, if not legally, elected. He made no claim for the existence, de iacto or de jure, of the Hatteras government, but urged that the Union men of North Carolina should be recognized by Congress. He was forced to acknowledge that only about four hundred citizens of the district had expressed their approval of his claim, although its voting popula- tion was over nine thousand. The chief basis for his claim was the precedent set by the admission of Maynard and Clements from Tennessee, who had been elected in somewhat the same way.' His claim was so poorly sup- ported and his statements so contradictory that the resolution declaring him not entitled to a seat passed with no opposition. An attempt made to compensate him as a contestant failed. And so ended the first attempt at reconstruction.'' 2. THE ADMINISTRATION OF EDWARD STANLY. The second attempt at reconstruction was begun May ig, 1862, when President Lincohi, as commander-in- chief of the army, at the suggestion of Reverdy Johnson, appointed Edward Stanly military governor of North ^ House Reports, no. 118, 37 Cong., 2 sess. ^Taylor became a newspaper correspondent. Foster was later cap- tain of a company of colored troops and was dismissed from the service through General Butler's efforts. In 1868, he was defeated for the convention. 88 RECONSTRUCTION IN NORTH CAROLINA Carolina, with the rank of brigadier-general." Unlike all the other nominations of this kind, this was never sent to the Senate for confirmation.'' He was empow- ered to perform all the duties of governor, and to ap- point officers, institute courts, and suspend the writ of habeas corpus, during the pleasure of the President, or until a civil government should be organized. ^ A general belief prevailed in the North that there was so strong a Union sentiment in North Carolina that, with a capable leader, the State could soon be reclaimed for the Union. So far as devotion to the Union was concerned, Edward Stanly was a most suitable choice to "foster Union sentiment." 'f He was born in North Carolina in 1808 and had attained great prominence there. He had been three times a member of the House of Commons and twice had been speaker. He had also been a representative in Congress, where he had been very influential. In addition, he had served one term as attorney general of the State. He had removed to Cali- fornia in 1853, and in 1857, although a believer in slavery and a slaveholder himself, had been nominated by the Republicans there for governor, but had been defeated. He was a man of high and uncontrolled temper and was noted for his bitter denunciation of political opponents. He made many warm friends, but as many equally bitter enemies, and was consequently ill adapted for a concilia- tory mission. The fact that he was a native only made his task more difficult. 'President Lincoln, without success, urged Stanly to take the rank of major-general. New Bern Republic-Courier, Jan. 3, 1873. ^ House Reports, no. 7 (testimony), p. 885, 40 Cong., i sess. ' Ojf. Rec., no. 9, p. 396. *So expressed by Hon. John S. Ely of New York, in a letter to Stanly. BEGINNINGS OF RECONSTRUCTION gg The day after his appointment, Secretary Stanton notified him of his duties and ordered General Burnside to co-operate with him and furnish any mihtary assist- ance that might be necessary/ Governor Stanly arrived in Nevif Bern, May 26. General Burnside was at first, seemingly, doubtful of their relations,'' but later was thoroughly in sympathy with his policy. ^ No sooner had he reached North Carolina than Stanly, in seeking to conciliate the people and to execute the state laws, made himself an object of dislike and suspicion to the element in Congress and at the North to whom the chief purpose of the war was the abolition of slavery with all its concomitants. An enthusiastic gentleman from New England had established a school for negro children in New Bern. Concerning this, Stanly announced that while he approved of kindness to the destitute, black or white, he had been sent there to restore the old order of things and, consequently, could not give his approval to the school, as it would injure the Union cause. He consented that such religious instruction might be given as was thought best. Apart from this, he said that the laws of North Carolina forbade the teaching of slaves to read and write, and he could not expect success in his undertaking, if, at the start, he encouraged violation of the law. Consequently, he demanded the closing of the school. In respect to fugitive slaves, also, Stanly took like ground. Slaves were constantly leaving their mas- ters and coming into the Union lines, and in many in- stances they were taken away by the soldiers and notified that they were free. Whenever the owners would take the oath of allegiance to the United States, Stanly had the slaves restored to them.* He also threatened with ' Off. Rec, no. 9, p. 397. ^ Ibid., p. 403. '^Ibid., p. 394. *Ibid., p. 400. go RECONSTRUCTION IN NORTH CAROLINA confiscation the owners of vessels who carried off slaves.' H. H. Helper, a brother of Hinton Rowan Helper, who held a civil position in New Bern, wrote a letter to Stanly offering some advice as to how he should execute the duties of his office. Stanly resented it and ordered Helper to leave New Bern. He at once went North, in company with Vincent Colyer, the gentleman whose school had been closed, and furnished the newspapers with a highly-colored account of Stanly's official actions. This led to sharp criticism of the governor and to the accusation that he was in sympathy with the South. On June 3 the House of Representatives passed a resolution asking the President to furnish information as to the powers conferred upon Stanly by his appointment, whether he had interfered to prevent the education of children, black or white, and if so, by what authority. If by the authority of the government, for what purpose were such instructions given? Similar resolutions were also passed in the Senate. ° Secretary Stanton referred the matter to Stanly, who at once replied outlining his policy and asking for instructions. The following points on which he desired information show ihe difficulties he had to meet almost daily : When slaves are taken violently from loyal owners by armed men and negroes, what protection can be given for the future? When persons connected with the army cause slaves to leave their masters, can the latter, if loyal, have permission and protection to prevail on them to return? Will authority be given to prevent the removal of slave property by vessel without the consent of the owners? If the military governor 'Correspondence of ^Vew York Herald of May 31st, 1862. ''Sen. Journal, pp. 553, 566. BEGINNINGS OF RECONSTRUCTION gi should interfere with actions that are in violation of long-- established laws of the State, and persons connected with the army should make inflammatory appeals to a crowd composed of several hundred negroes, exhorting them to violence and bloodshed, what action should he take to prevent its recur- rence? When slaves of loyal owners are employed by the United States authorities, can any steps be taken to secure a part of their earnings for their owners?' It is apparent that there was a decided difference of opinion between the governor and the officers command- ing in North Carolina, for in April, General Parke had notified citizens of Beaufort, who had appealed to him to prevent slaves from coming into his lines, that he would not use force to aid owners in their recovery, but would only allow them to use persuasion.'' General Burnside had also adopted the policy, almost necessarily, it is true, of never returning any escaped slaves to their owners. 3 In addition to these difficulties, Stanly was beginning to discover that a difTerence had arisen be- tween himself and those with whom he had been inti- mately associated in the past and that Union sentiment was at a minimum in North Carolina. Even in New Bern, occupied as it was by federal troops, very little appeared.'* This change of sentiment, since the time when he lived in North Carolina before, had not been comprehended by him when he came back to the State, and seemed inexplicable. In the hope of arousing some feeling he visited the various towns in which he was well known, and which were now occupied by the Union forces, and made speeches. 5 But he accomplished little for the Union ' Off. Hec, no. 9, pp. 401-2. "^ Ibid., no. 9, p. 382. ^Ibid., p. 390. *'Ibid., p. 409. ° Western Sentinel, June 27, 1862. go RECONSTRUCTION IN NORTH CAROLINA cause, for he was generally regarded with hatred and suspicion as a traitor to his State, and this kept from him the support of all men of character and influence. For a time the federal ofBcers in the State thought he would be of great benefit to the Union cause, but this feeling disappeared when his policy was clearly seen." The policy of the state government and of the Con- federate officers was to ignore Stanly's pretensions to the office of governor and to communicate officially only with General Burnside. ^ In the fall of 1862 Stanly wrote to Governor Vance and asked for an interview with him or with any citizens of the State that he might select. He said that he felt sure that North Carolina was in the quarrel only through a misunderstanding, and he wished to confer in regard to measures that might lead to an honorable peace; that he was authorized to negotiate an exchange of political prisoners and wished this interview with its object to be perfectly open. Governor Vance declined the proposal^ on the ground that he was without authority from the Confed- erate government to treat for peace and that separate state action was not to be thought of.'* A correspond- ence with General D. H. Hill and General S. G. French did not lead to any more hope of reconciliation, but, if possible, rendered it more unlikely, since Stanly provoked indignation by the violence of his language. ' Off. Rec, no. 9, p. 397. '■ Executive Correspondence, Clark, p. 337. 'Holden said in 1867 that, on his advice, Governor Vance would have consented to treat with Stanly for peace, but was prevented by W. A. Graham. As the statement was made in a political attack upon the latter, it is not worthy of credit. Standard, January 16, 1867. *The correspondence will be found in Ojf. Rec, no. 123, pp. 845-9. Governor Vance ignored Stanly's military title, and Stanly himself wrote as a private citizen. BEGINNINGS OF RECONSTRUCTION 93 He was greatly handicapped in his peaceful efforts by the operations of the Union troops in the eastern part of the State. His argument, that they were a " glorious army of noble patriots," lost its significance in view of their constant plundering and burning, and his protests against this were without avail. General Burnside, when he first landed in the State, had forbidden all unneces- sary injury to the property or persons of the inhabitants,' but when General Foster assumed command no atten- tion was paid to this order.^ Stanly's last official act was a protest against the conduct of the troops in Hyde County.' The condition of the "loyal" population was thus pitiful. Cut off from Confederate protection, partly by circumstances and still more by their own acts, their "loyalty" insured them no immunity from outrage and violence at the hands of the federal troops. In December Stanly ordered an election to be held for a member of Congress from the second district. Jen- nings Pigott, a native of the State who had been a resi- dent of Washington City for many years, and had only returned as Stanly's private secretary, was chosen. Charles H. Foster contested the election, but neither was seated.* In the meantime, Stanly had become convinced of the hopelessness of his mission. More than that, he was utterly out of sympathy with the policy of the adminis- ^Off. Rec, no. g, p. 3=9. 'General Foster's course was very different from that of most of the Union officers of high rank in the State. In 1863, he gave his ap- proval to a plan for beginning a general slave insurrection. Off. Rec, no. 26, pp. 1068-9. ^Ibid., p. 182. *■ Contested Elections, p. 462. House Mis. Docs., 39 Cong., 2 sess. Globe, pp. 1209-12. 94 RECONSTRUCTION IN NORTH CAROLINA tration in regard to the slaves. He protested against the enlisting and drilling of them on the ground that subordinate military officers were unfit to decide when their condition was suitable in the meaning of the Presi- dent's proclamation, and because it created a danger of a servile war.' Finally, January 15, 1863, he sent his resignation to the President, giving at the same time the reason for his action. He stated that he had assured the people of the State that the administration was only trying to restore the Union and would secure the rights of the people. But since the emancipation proclamation, any further assurance of the kind was impossible. Re- garding the proclamation he said, "It is enough to say I fear it will do infinite mischief. It crushes all hope of making peace by any conciliatory measures. It will fill the hearts of Union men with despair and strengthen the hands of the detestable traitors whose mad ambition has spread desolation and sorrow over our country. To the negroes themselves it will bring the most direful calamities." He reviewed his course as military gov- ernor and said concerning this, " That I have offended some is probable; but they were those whose schemes of plunder I defeated — whose oppressions of the innocent and helpless I resisted — whose purposes seemed to have been to join or follow the troops and to encourage and participate in the most shameful pillaging and robbery that ever disgraced an army in any civilized land."" ' Ojf. Rec, no. 26, p. 525. '^ House Report, no. 7 (testimony), pp. 331-2. Stanly's letter to Senator Sumner was even more caustic. In part he said, " Had the war in North Carolina been conducted by soldiers who were Christians and gentlemen, the State would long ago have rebelled against re- bellion. But instead of that, what was done? Thousands and thous- ands of dollars' worth of property were conveyed North. Libraries, pianos, carpets, mirrors, family portraits, everything in short, that BEGINNINGS OF RECONSTRUCTION 95 His resignation was accepted in March, and he re- turned to California. No successor was appointed. In the State it was thought that Daniel R. Goodloe, a North CaroHna abolitionist, would be appointed, but the position probably seemed to the President a very useless one. In 1864 Stanly wrote the President that he had been asked to return to the State and that when he was needed in his private capacity he was ready to go.' But no occasion for his services ever arose. The second attempt at reconstruction had ended as disastrously as the first, so far as the progress of Union sentiment was concerned.'' It remained for the military forces of the United States to begin the final and ulti- mately successful attempt when all resistance in the State to the authority of the United States was at an end. 3. THE DOWNFALL OF THE STATE GOVERNMENT. The fall of Richmond and the steady advance of the federal army on the state capital showed that the end of the struggle was at hand. It was clear that no effec- tive opposition to Sherman's advance could be made, and preparations were begun to save what little remained unhurt in the State, particularly the property of the State. could be removed, was stolen by men abusing flagitious slaveholders and preaching liberty, justice, and civilization. I was informed that one regiment of abolitionists had conveyed North more than $40,000 worth of property. They literally robbed the cradle and the grave. Family burying vaults were broken open for robbery; and in one in- stance (the fact was published in a Boston paper and admitted to me by an officer of high position in the army), a vault was entered, a metallic colSn removed, and the remains cast out that those of a dead soldier might be put in the place." Sentinel, Jan. 26, 1870. 'Governor Stanly, after his return to California, opposed the radical policy of Congress, and in 1867, canvassed the State against the Re- publican candidate for governor. He died in 1872. ^Stanly was of infinite service to the people of New Bern as a pro- tector against injury. g6 RECONSTRUCTION IN NORTH CAROLINA Ex-Governor Swain, from his retirement at Chapel Hill, entered into correspondence with Senator Graham and Governor Vance. Perceiving the impossibility of a meeting of the legislature in time to be of service, he suggested that Governor Vance should hold a conference with the former governors of the State as to the best course to follow.' Graham had been convinced ever since his return from Richmond, at the close of the ses- sion of Congress, that the Confederate cause was hope- less and also that, as long as supplies for the army could be obtained by the administration, the war would be continued. Consequently he thought it the duty of the state administration to attempt to make as good terms as possible with the federal forces. In any event he thought it best that the legislature should be in session and ready to act when it should be necessary. He ac- cordingly advised Governor Vance to this effect. Then, in conference with Swain, he worked out a complete plan of action : the General Assembly should be sum- moned and should pass resolutions expressing a desire for peace and inviting the other Southern States to join the movement ; commissioners should be elected to treat with the United States and report to a convention which should at once be called, and in the meantime a commis- sion should treat with General Sherman for a suspension of hostilities. Senator Graham had warned Governor Vance that the North Carolina members of the Confederate House of Representatives, or most of them, were ready to call the legislature by advertisement. But the governor was still doubtful of the wisdom of the proposed plan. He did finally summon the Council of State, but only a bare 'Of these, Swain, Graham, Morehead, Manly, Reid, Bragg, and Clark were still living. BEGINNINGS OF RECONSTRUCTION gy quorum were present, and the vote on the question sub- mitted to them resulted in a tie. The governor then refused to issue the summons to the legislature. But when the plan matured by Graham and Swain was laid before him by the latter and when it became evident that General Sherman would occupy the capital in a few days, he yielded, and after consulting General Johnston, de- cided to send for Graham and discuss the question of treating with the enemy. The conference was held and a letter to General Sherman prepared, asking for an interview regarding the suspension of hostilities.' Gen- eral Johnston in the meantime had retired westward ; but before he left Raleigh he advised Governor Vance to make the best terms possible.' Ex-Governor Bragg, B. F. Moore, and Kenneth Rayner were consulted and agreed to the plan. General Hardee was present at the conference and gave Graham and Swain, who agreed to act as commissioners, a safe-conduct through the lines. ^ In Raleigh there was great excitement but very little disorder. The inhabitants were busy concealing valua- bles in hope that these might escape the usual fate of movable property along the Hne of march of Sherman's army. A large number of houses in Fayetteville had been burned and it was greatly feared that Raleigh would not escape. The legislature, at its last session, had au- thorized the removal of all the state records, and cases had been made for that purpose. The Council of State, at a meeting in March, decided that the governor and treasurer or one of them should take the records away if it became necessary. They were now placed in the care of Treasurer Worth and carried to Company Shops, a ' Off. Rec, no. loo, p. 178. ^Dowd, Life of Vance, p. 483. ^Spencer, Last Ninety Days of the War, pp. 142-4. g8 RECONSTRUCTION IN NORTH CAROLINA small place in Alamance County. At the same time an immense quantity of supplies belonging to the State was distributed along the line of the North Carolina Railroad between Raleigh and Salisbury. Governor Vance re- mained in Raleigh to hear the result of the conference with Sherman, in doubt whether to continue there or to retreat with the army as he was urged to do. The same day General Archer Anderson notified Pres- ident Davis that commissioners were going to Sherman with proposals for peace, and ordered General Hampton not to allow them to pass. Governor Vance also noti- fied President Davis of the fact. General Johnston then directed General Hampton to arrest the members of the deputation, and to allow no communication with the en- emy, except by flag of truce. In the meantime the com- missioners, accompanied by three members of the gov- ernor's staff, ' had left Raleigh to meet General Sherman who was about fourteen miles distant. When they had gone som,e distance from Raleigh they were stopped by General Hampton, who was unwilling to pass them but could not refuse to obey General Hardee's order. Con- sequently, after some delay, he passed them and sent a courier to General Sherman with communications from himself and from the commissioners. They had hardly started when the order came from General Johnston for them to return to Raleigh. They were again stopped and turned back, but on the way to Raleigh the train was captured by General Atkins and the commissioners car- ried to General Kilpatrick's headquarters. There they received the first news of Lee's surrender. From there they were sent to General Sherman, who treated them with every courtesy and with whom they remained until ^ These were Surgeon-General Warren, Colonel Burr, and Major Devereux. BEGINNINGS OF RECONSTRUCTION gg the next day. ' He requested them to inform the gov- ernor that, in accordance with his instructions from the President, he wished the state officers to continue in the performance of their duties until he could communicate with President Lincoln. ' He also replied to Governor Vance's letter stating that it was impossible to give him an interview at the time, but enclosed a safe-conduct for himself and such state officers as would remain in Raleigh. ^ When the commissioners, on their return, reached Raleigh, they found that Governor Vance, who in the meantime had decided to remain in Raleigh, had again, under military pressure, changed his mind and had gone to Hillsboro with General Hoke, who passed through Raleigh that day.* Before his departure, he had author- ized the mayor to surrender the city, and had written a letter to General Sherman asking his protection for the capital and the state property. The next day the city was surrendered by a committee of citizens, and the keys of the Capitol were delivered by David L. Swain to an officer of the Union army.' Another safe-conduct was then sent to Governor Vance, but he declined to return before seeing President Davis, who had summoned him to Greensboro. General Breckinridge invited him to be present at the conference with General Sherman, but for some reason he was ex- ' Spencer, Last Ninety Days of the War, pp. 145-55. '^ Sherman's Memoirs, vol. ii, pp. 327, 345. ' Off. Rec, no. 100, pp. 178-g. *OnIy with great difficulty did Governor Vance decide what course to pursue. Worth entreated him to remain and surrender the Capitol himself, but the influence and insistence of the Confederate officers probably caused his decision to retreat. * Spencer, Last Ninety Days of the War, p. 162. lOO RECONSTRUCTION IN NORTH CAROLINA eluded and went on to Greensboro. There he begged permission of the Confederate authorities to accept General Sherman's offer of protection for the state property which was in great danger at the Shops, and to send it back to Raleigh in the care of Jonathan Worth. This General Breckinridge refused to allow. From Greensboro, Governor Vance followed President Davis to Charlotte, where they had a conference. Davis intimated that he wished Vance to accompany him in the retreat, but General Breckinridge interfered, ad- vising him to return to his position and its duties.' This he resolved to do, and accordingly sent Worth to Raleigh with a letter to General Sherman in which he volunteered to return, summon the legislature, and recommend its calling a convention.'' But General Sher- man had left Raleigh, and General Schofield, although he and General Sherman had shortly before approved a petition asking Governor Vance to return and call a special session of the legislature, ^ refusing to see him, instructed Worth to bring the records to Raleigh. Negotiations had been going on in the meantime between Johnston and Sherman in regard to the terms of surrender. During the progress of the negotiations Governor Vance suggested to the former that if they were successful he should turn over the army stores to North Carolina in part payment of the debt owed to the State by the Confederate government. He stated as an additional reason for doing so that the soldiers in John- ston's army had taken possession of much of the state property. General Johnston declined to accede to the ' Dowd, Life of Vance, p. 486. ^Letter from Jonathan Worth to the Sentinel, October 28, 1865. -' Warren to Vance, Aug. 27, 1865. BEGINNINGS OF RECONSTRUCTION jqi request and denied that his soldiers had been guilty of plundering the State/ When the terms of surrender had been agreed upon and General Schofield came to Greensboro, Governor Vance asked his protection for the state property and offered to surrender himself, but General Schofield, in accordance with his instructions, refused to receive his surrender and advised him to go home.'' Governor Vance then requested that William A. Graham, John A. Gilmer, and Bedford Brown might go to Washington. By the President's order this was refused. 3 Governor Vance then went home and remained there until May 14, when he was arrested by the Presi- dent's order, carried to Washington, and confined in Old Capitol Prison.* Just before going home he issued an address to the people urging them to abstain from violence of any kind and pledging himself to do all he could to restore the civil authority.' The capture of Raleigh on April 13 was accompanied by very little disorder. Private property, in most instances, was respected, though this was by no means always the case.^ The ofifices and property of the Con- federate and Conservative newspapers were immediately destroyed. A few days later General Sherman ordered the Progress to suspend publication for criticism of some act of his. Later he allowed its publication to be re-commenced. When the news of President Lincoln's ' Off. Rec, no. iii, pp. 419-420. ''Ibid., no. 100, pp. 426. ^Ibid., pp. 395, 404, 432. *He was arrested by General Kilpatrick, who, according to Vance, improved the opportunity of stealing two spoons. Most of the furni- ture was then taken, and Mrs. Vance, who was ill, was left on the floor. Sentinel, Nov. i, 1870. ^Standard, May 3, 1865. ''Spencer, Last Ninety Days of the War, pp. 174 et seg. I02 RECONSTRUCTION IN NORTH CAROLINA assassination came, there was great fear in Raleigh that revenge would be taken by the soldiers upon the town, a fear that was shared by the officers.' The guards were doubled, and every precaution taken, and no violence followed. There was a great deal of destitution in the town, and this was relieved, in part, by the action of the jnilitary authorities in furnishing rations to those in want. The place was crowded with negroes who had followed the army or come in from the adjoining country, and these were entirely supported by the rations issued. The policy was adopted of making them return to their homes whenever possible, but this was attended with great difficulty. Similar conditions, as regards both races, existed in the other towns of the State. In Wil- mington there was probably greater destitution. General Sherman was anxious to make use of the existing state government for the purpose of re-organ- ization, but the authorities at Washington prevented him. His wish was well known, and members of the legislature appealed to him to allow them to meet in Raleigh and arrange for holding a session. Of course this request was refused.' Early in May, General Schofield succeeded him in command of the State. The disturbances arising from the end of the war and the disbanding of the armies were great, and his efforts to bring quiet at first met with 'Gen. F. P. Blair, who was staying at the residence of Dr. R. B. Haywood, a classmate at the University of North Carolina, gave him a suit of his own uniform, telling him it might be necessary for him to become a Union general instead of a Confederate surgeon. It is a matter of tradition in Raleigh that General Logan saved the city from being burned by stopping the soldiers who were coming in from Morris- ville for the purpose. '0#. /?ec., no. 100, pp. 254, 272. BEGINNINGS OF RECONSTRUCTION 103 very little success. Proclamations were issued announc- ing the definitive cessation of hostilities and, in order to remove all doubt, the freedom of the slaves.' The tak- ing of the oath of allegiance was hastened by making it a prerequisite for the practice of a profession or for en- gaging in any business. Nor could marriage Hcenses be issued until the oath had been taken by both parties.' The towns were soon quiet, but the country was not. Nor were the inhabitants altogether to blame; for the federal troops did not soon shake oS the habits formed during the war, and even after the proclamation of the final cessation of hostilities, the plundering and wanton destruction of property continued, often accompanied by outrage and violence.' This, however, was the excep- tion, and not the rule. The disbanded Confederate soldiers, particularly the cavalry, foraged to some extent as they went home. But their opportunities were not so great and sympathy with them, naturally, was greater. To put an end to this condition of affairs, General Schofield began the organization of a police force for each county,'* detailing General J. D. Cox for the work in the western part of the State, General Terry for the central, and Generals Hawley and Palmer for the eastern. They were instructed to have bodies of troops visit all portions of the State and arrest marauders. = General Schofield also had the oath of allegiance admmistered to certain magistrates of known Union sympathies and left them in the exercise of their functions.* Prompt justice ' General Orders, nos. 31 and 32. '^ Ibid., no. 52. ^Ojf. Rec, no. 100, p. 330 et seq. Last Ninety Days of the War, p. 43 et seq. ' Off. Rec., no. 100, pp. 460, 522 et seq. "General Orders, no. 35. ^Off. Rec., no. 100, p. 610 et seq. I04 RECONSTRUCTION IN NORTH CAROLINA was meted out to offenders, in and out of the army, whenever it was possible,' and whenever the troops showed disorganization they were mustered out.'' Every effort was used to have the restrictions on trade removed, for the commander felt that peace would be more quickly restored when destitution, resulting from the abnormal conditions, was relieved, and the people were employed in their usual occupations. He also opposed the rulings of the treasury department in regard to trade. ^ The delay in making known the policy of the United States government regarding re-organization of the civil government of the State was considered very unfortu- nate by General Schofield, since he was convinced that the people were well disposed and were ready to make and accept any necessary changes.'* For the re-organi- zation, he desired the appointment of a military gov- ernor who should declare in force the constitution of the State as it existed previous to secession, and appoint officers to serve until the work was completed. An en- rolment should then be made of all citizens qualified to vote by state law, after administration of the amnesty oath. A convention should be called and its action submitted to the people. He was anxious to be selected as military governor for North Carolina, provided some such plan as this was adopted, but if negro suffrage was to be included he preferred to have no part in it.= Gen- eral Halleck recommended him for the position, but later withdrew his endorsement on the ground that he could not recommend anyone who had advised Sherman to make the terms which had been proposed with ^ Off. Rec, no. loo, p. 470. ''Ibid., p. 609. ^Ibid., p. 593. ^Ibid., pp. 405, 411. ^Ibid., pp. 461-3. BEGINNINGS OF RECONSTRUCTION 105 Johnston.' General Schofield's measures for pacifica- tion and conciliation, meanwhile, were meeting with such success that when he applied for leave, early in June, he said that the presence of troops in the State seemed almost unnecessary.^ His conduct of affairs met with the hearty approval of his superiors, ^ and, in every way, he deserved and received the cordial gratitude of the people of the State. 'Off. Rec, no. 100, pp. 434, 454. '^Ibid., p. 513. Ubid., p. 586. CHAPTER THREE Presidential Reconstruction i. the provisional government On May 9, 1865, the President summoned W. W. Holden to Washington for a conference. He was de- tained and did not reach there until the eighteenth. In the meantime D. L. Swain, B. F. Moore, and WilHam Eaton had also been summoned.' In company with John H. Wheeler the latter were received by the Presi- dent, who showed them the proclamation which had already been prepared containing the plan for the restor- ation of North Carolina. Moore at once objected and urged its unconstitutionality. He desired the President to allow the legislature to meet and to call a convention. General Sherman had promised transportation for the members on the military lines in the State, and it could be accomplished very quickly. The President took the ground that the body had no legal status, and asked further what he could do if, after recognition by him, it should refuse to conform to the terms deemed necessary. Moore assured him that there was " no one of that body who might not be led back into the Union with a silken thread." In the discussion he grew very caustic, par- ticularly so in stating his objection to the appointment of the governor by the President and the calling of a ' Off. Rec, no. 100, p. 489. 106 PRESIDENTIAL RECONSTRUCTION 107 convention without th? intervention of the legislature. The President w^as v^ry good-natured, but was un- changeable in his opinion and plan. The day after their interview with the President, they returned to the White House at his invitation and found another party from North Carolina present. It was made up of those whom Holden had brought with him.' The President laid before them the amnesty proclama- tion and the North Carolina proclamation, leaving blank in the latter the name of the provisional governor, saying that he would appoint the person they should nominate. Moore, Eaton, and Swain declined to take any part in the proceedings and left the room, as did the President, Swain having seen Holden first and urged him not to accept the appointment.'' Holden's name was then inserted by those remaining, and the President, on his return, expressed himself as much gratified at their choice and duly made the appointment.^ It is an interesting speculation as to who would have been appointed by President Lincoln. The North Caro- lina proclamation had been prepared the day of his assassination,* and it is, at least, likely that he had some one in mind for the position. It is hardly likely that it 'The members of the party, besides Holden, were R. P. Dick, WilHe Jones, W. R. Richardson, J. H. P. Russ, W. S. Mason, Rev. Thos. Skinner, and Dr. R. J. Powell. The latter was a native of the State, holding a position in the Patent Office. 'Memoirs of IV. W. Holden, p. 47. 'The account of the interviews with the President is in Wheeler's Reminiscences, p. 60 et seg. It is interesting to know that among the candidates for provisional governor was George W. Kirk, already- notorious for his part in the border warfare in the West, and destined to become again famous, or rather infamous, in the Reconstruction history of the State. Spencer, Last Ninety Days of the War, p. 229. ' McCulloch, Men and Measures of Half a Century, p. 378. Io8 RECONSTRUCTION IN NORTH CAROLINA would have been Holden.' His appointment was the one that President Johnson would have been expected to make, for there was much to make him appear to the President the most suitable man for the position. Be- tween Johnson and Holden there was the bond of hke social origin and like political opinions in the past, and this fact, coupled with their old friendship and communi- cation during the war, makes it probable that Holden was the choice of the President and that his nomination by the committee was only a matter of form. At any rate, it was certain that the members of the delegation, selected with three exceptions by Holden, would choose him. President Johnson formally began his policy of recon- struction on May 29 by issuing a proclamation granting general amnesty and pardon to those who had been engaged in rebellion against the authority of the United States. This restored rights of property except in slaves and except when legal proceedings for confiscation had been instituted. An oath was provided to be taken by all accepting the benefits of the proclamation. It was as follows : I . . .do solemnly swear, (or affirm), in the presence of Almighty God, that I will henceforth faithfully support, pro- tect and defend the Constitution of the United States and the Union of the States thereunder; and that I will in like manner abide by and faithfully support all laws and proclamations which have been made during the existing rebellion with reference to the emancipation of slaves. So help me God. 'The late D. F. Caldwell, of Guilford, stated that he had authorita- tive information that President Lincoln had considered his name and that of Jonathan Worth, and had finally decided upon the latter for the position. The author has been unable to find any other evidence sub- stantiating this or, in fact, any contradicting it. PRESIDENTIAL RECONSTRUCTION 109 Fourteen classes of persons were excepted from the benefits of this proclamation. These included the execu- tive and diplomatic officers of the Confederacy, those who left the service of the United States to aid the Con- federacy, the governors of the States in insurrection, all military and naval officers in the Confederate service whose rank was above that of colonel and lieutenant, respectively, and all who voluntarily took part in the war whose taxable property exceeded in value $20,000. Any person belonging to an excepted class could make application to the President for a special pardon, and a promise of liberal executive clemency was extended. The Secretary of State was directed to establish rules for the administration of the oath. The same day the President issued another proclama- tion appointing William W. Holden provisional governor of North Carolina. This was the first of a series of similar proclamations for all the Southern States. It was based upon the war power of the President as com- mander-in-chief. It gave the provisional governor so appointed power to prescribe the necessary rules for calling and assembling a convention whose delegates should be chosen by the portion of the population that v^fas loyal to the United States at that time when it should be called. This convention was given authority to exercise all powers necessary to restore the State to her constitutional relations with the United States gov- ernment, and present such a republican form of govern- ment as would entitle the State to the guarantee of the United States against invasion, insurrections, and domestic violence. It was directed to prescribe qualifications for electors and for holders of office. The proclamation itself prescribed as qualifications for electors and dele- gates to the convention that they should have taken the no RECONSTRUCTION IN NORTH CAROLINA amnesty oath as provided in the President's proclama- tion, and that they should be voters qualified by the state constitution in force previous to May 20, 1861. All persons in the military and naval service were directed to aid the provisional governor and enjoined from hind- ering and discouraging the loyal people from organizing a state government. The Secretary of State was directed to put in force in the State the laws of the United States, the administration of which belonged to his department. The Secretary of the Treasury was instructed to nominate officials and put in execution the revenue laws. The Postmaster General was directed to establish post-ofifices and post routes and to put the postal laws in execution. The District judge was directed to hold courts within the State, and the Attorney General was instructed to enforce, through the proper officers, the administration of justice in all matters within the jurisdiction of the federal courts, and to libel and bring to judgment, con- fiscation, and sale all property subject to confiscation. The heads of the departments of the navy and interior were given instructions similar to the others. Secretary Seward formally notified Governor Holden of his appointment the same day the proclamation was issued. For some reason he was not required to take the "iron-clad" oath as were the other provisional gov- ernors. The appointment was announced to the State through the Standard a week later, and, at the same time, Holden retired from the nominal editorial control of the paper. As might be imagined, the appointment was not re- ceived in the State with unmixed gratification. It had been the hope of the majority that some man might be chosen who was without the bitter enmity of so large a proportion of the people. But after it was a settled fact PRESIDENTIAL RECONSTRUCTION m there seems to have been a general disposition to give Holden a fair chance, both from a desire to support the President and from policy. But though the feeling against him was hidden, it was no less intense. On June 12 Governor Holden issued a proclamation which had first been submitted to the President for ap- proval. After a summary of the President's North Carolina proclamation the governor outlined his policy. He stated that a call would soon be issued for a conven- tion of the people, which would provide for the election of a governor and legislature ; that the latter would elect two United States senators, and a general election would also be held for members of Congress. He announced that, in conformity with the rules established by Secre- tary Seward, he would appoint justices of the peace to administer the amnesty oath, and through subordinates hold the election for delegates to the convention. These justices would be further authorized to hold county courts and appoint sheriffs and clerks. Other necessary ofificers would be appointed by the provisional governor to serve until the meeting of the convention. He in- vited the loyal people of the State to assist him by tak- ing an interest in public affairs, by discouraging disloyal sentiment, and by electing to office friends of the United States government. He devoted some space to violent abuse of the Confederate government, congratulating the people on their deliverance from it. The latter part of the proclamation contained good and kindly advice to the colored people of the State, with a promise of assist- ance from the government and the people wherever it was deserved. He closed with a declaration of " charity for all, with malice towards none." Beginning soon after the close of hostilities, a series of Union meetings were held in the State. Of these there 112 RECONSTRUCTION IN NORTH CAROLINA were two distinct types. In one class, whicli was numerically the smaller, there was manifested an inclina- tion to win favor at the North by violent abuse of the Confederacy and its leaders, obHvious, apparently, to the fact that, four years before, many, if not the majority, of those who prompted this policy had been enthusiastic members of the "last man and last dollar" party. The majority of the meetings, however, passed resolutions simply acknowledging that the war had been a failure, expressing gratification at the return of peace, and de- claring a desire to return to full allegiance to the United States. Governor Holden moved very slowly and carefully in carrying out the work of re-organization. This was made necessary by the duties of his position which, at the time, were enormously increased by the thousands of applications for pardon and by the necessity of ap- pointing magistrates and other of^cers. The delay in calling a convention caused extreme dissatisfaction in the State, and criticism which was hardly just, followed. The governor's action regarding pardons admitted of and caused better-founded criticism. He recommended the pardon of a large number of original secessionists and war men, and advised the suspension of the pardon of such men as William A. Graham, John A. Gilmer, Josiah Turner,' John M. Morehead, and many others who had striven against secession and for the Union until hostilities had actually commenced. This, nat- urally, gave great oflfense to the latter class and their friends. No other adequate reason than personal preju- ' Holden recommended the suspension of Turner's pardon on the ground that his petition was a bill of indictment against the Demo- cratic party. PRESIDENTIAL RECONSTRUCTION 113 dice can be found for this action." In spite of his recommendation to the contrary, a pardon was granted to ex-Governor Bragg.^ Ex-Governor Clark made ap- plication for pardon and was told by Governor Holden that he would oppose its being granted, as he would under no circumstances recommend or approve Vance's pardon, and if he should make any discrimination it would give Vance's friends ground for attacking him. The application was never forwarded to Washington, and was found in the office by Governor Worth during the following winter.^ In other ways, not calculated to win friends, Governor Holden used the power he had in the matter of pardons. + To assist him in communicating with the President, Governor Holden appointed Dr. R. J. Powell agent of the State in Washington. Through him the Presi- dent was informed of the governor's opinion of the vari- ' In his Memoirs, written many years afterwards, Governor Holden said it was to protect the President from pardoning too many promi- nent "rebels," and because he thought Graham and Turner were not sufficiently in sympathy with him. * Trinity College Historical Papers, Series III, pp. 103-5. '^Executive Correspondence, Worth, vol. i, pp. 234-3. *The following correspondence gives an example of this: "Weldon, N. C., Sept. 18, 1865. To Mr. Hanes, Secretary to Governor Holden. Why have I not been pardoned as well as John B. Odom, J. W. Newsom, Samuel Calvert, and others? Thos. I. Person." "Raleigh, September 18, 1865. To Thos. I. Person, Weldon, N. C. Sir: — Your despatch received. The governor instructs me to say that Mr. Odom's pardon has not been received but will be received in time for him to take his seat in the convention. Also that the pardon of those who may take part against Mr. Odom and Dr. Barrow for the convention in Northampton will be delayed. L. Hanes. Private Secretary." 114 RECONSTRUCTION IN NORTH CAROLINA ous petitioners apart from his formal endorsement. All the applications were referred by the President to the Attornej' General for investigation.' On several occasions pardons were issued without the approval of Governor Holden. George Mordecai and Dr. W. J. Hawkins, both prominent in Raleigh in a business way, went to Wash- ington and were unable to find any trace of their appli- cations for pardon in Attorney General Speed's office. At his suggestion they filed new ones which the Presi- dent signed. Governor Holden had advised suspension of pardon in their case, and he at once complained to the President, who declined to revoke their pardons, but notified him through Dr. Powell that he might tax them for their pardon as he saw fit."" Governor Holden, how- ever, took no action of the kind, but wrote that he was losing ground because pardons were granted for per- sonal reasons when those recommended by him were not acted on. 3 By June 27, 1866, pardons had been issued to citizens of North Carolina to the number of 1912 Of these, 1450 bore the recommendation of Governor Holden and 419 of Governor Worth. Most of the latter were made before Governor Worth took office. It is impossible to ascertain how large a number of persons belonged to the classes excepted by the President's proclamation. Over two thousand applications for par- don were forwarded to Washington, but there were many in the excepted classes who did not apply. Of the pardons issued, 815 were granted to Confederate post- masters, many of whom had been United States postmas- ^ Record of the Provisional Governor, p. 123. 'Dr. Powell wrote Gov. Holden that they had been obtained by a pardon broker who was a cousin of the Attorney General. ^Executive Correspondence, Provisional Governor, p. 61. PRESIDENTIAL RECONSTRUCTION nj ters prior to i85i; 510 came under the thirteenth excep- tion, that is, were worth more than $20,000. The remainder of the pardons, in the main, were granted to Confederate army officers above the rank of colonel, tax assessors, mail contractors and carriers, members of the legislature, and a variety of minor officers. A few who had held high office received pardons, and the circum- stances under which some were granted are interesting. John A. Gilmer was recommended by a number of his former colleagues in the 36th Congress and by several army officers stationed in North Carolina, including General J. D. Cox. J. C. Washington, who had been a member of the secession convention, was recommended by Attorney General Speed on condition that he should arrange with the freedmen on his land in a manner satis- factory to the Freedmen's Bureau. William A. Graham's pardon was granted, in spite of Governor Holden's re- quest to the contrary, on the recommendation of thirty- eight members of the state Senate and forty-three mem- bers of the House.' By the end of July Governor Holden had appointed over three thousand magistrates. He had also appointed mayors and commissioners for the towns. " His effort was to fill all these places with Union men. In one in- stance he declared the action of a county court null and void because the county officers appointed by it had in the past been disloyal to the United States. He ordered a new election of officers, appointing at the same time new magistrates, until there was a working majority of those of whose opinions he could be certain. ^ In ano- ' House Ex. Docs., no. 32, 40 Cong., i sess. ''Executive Correspondence, Provisional Governor, p. 20. ^ Record of the Provisional Gover?ior, p. 139. Il6 RECONSTRUCTION IN NORTH CAROLINA th;r case he revoked the commissions of certain Magis- trates against whom objections were raised. In the same period appointments were made of directors and proxies for the various corporations in which the State had an interest, and of judges and solicitors of the state courts. In almost every instance the appointees had originally been Whigs. R. P. Dick was the only Dem- ocrat chosen to a high position. He had been appointed a federal judge by the President soon after the establish- ment of the provisional government, but could not take the oath required by law, ' and after two months' waiting for the repeal of the law, resigned and was made a pro- visional judge. George W. Brooks was then appointed and qualified. About this time' charges were made at the North that Union men were ignored in the appointments to office made by the provisional governors. The animus of these reports is easy to perceive and was recognized at the time. Ground for them regarding North Carolina was given by the Progress, which for a time represented the State as entirely disloyal, and also by the correspondence to the Northern newspapers. The latter painted such a lurid picture of the conditions in the State that suspicion was aroused as to its source. An examination made by Dr. Powell showed that the matter was never telegraphed from North Carolina as was claimed, but was probably written in Washington. 3 In many instances allusions were made to persons as prominent in the State who were unknown there. The President, while not credit- ing the reports, notified Governor Holden that they were ' Act of March 2, 1862. 'August, 1865. ^Executive Correspondence, Provisional Governor, pp. 40-42. PRESIDENTIAL RECONSTR UCTION 1 1 7 being circulated. ' Governor Holden was thus attacked at once on both sides, for in the State, in addition to the matter of pardons, many of his appointments were criti- cised. It certainly cannot be said with justice that he was favorable to the former secession element, unless to those who had changed during the war. In public and in private he insisted that they must be content to follow, not lead, in the work of re-organization. His enforce- ment of the directions contained in the proclamations and orders of the President seems to have been careful and, on the whole, impartial. He refused to allow the unpardoned stockholders of the railroads to take part in the meetings and gave notice that, when a majority of the stock was controlled by such persons, the State would take charge of the corporation's affairs until they had been pardoned.^ This is a fair type of his action when questions of the kind had to be settled by him. Throughout this period the governor was giving at- tention to all the various details of. state government, multiplied by the war and the prostration of the people resulting therefrom. Leaving out all question of motive or of action in certain individual cases, his work was well done. He was less proscriptive than might have been expected or, in fact, than was expected when he was ap- pointed, in view of the events of the preceding five years, and he showed consideration for the feelings of his opponents by asking for Vance's release on parole on account of the illness of his wife, and by various other acts to which his kindly nature impelled him. Finally, on August 8, he issued a proclamation order- ing the election of delegates to a convention to meet '.9i?«. Docs., no. 26, p. 223, 39 Cong., i sess. ^Executive Correspondence, Provisional Governor, p. 73. 1 18 RECONSTRUCTION IN NORTH CAROLINA October 2. Justices of the peace in every county were directed to administer the amnesty oath and to provide for holding the election in accordance with law. By his delay in ordering the election he had made it possible for many to vote who, otherwise, would have been disquali- fied for lack of pardon. There was very little discussion during the campaign of any issues. The questions of secession and slavery were regarded as definitely settled and only the matter of the war debt remained. It was generally thought that the convention ought not to act upon this at all during the first session, and, beyond some little discus- sion of the matter in the newspapers, little was said re- garding it. The Standard published during the cam- paign, under the heading " Union Landmarks," the following as its policy: "The prompt non-recognition of debts contracted by the State in aid of the rebellion ; but an equally prompt determination to pay every cent of the State debt contracted previously to the war." But less than a month later it declared that by non-recogni- tion it meant that the convention should leave the ques- tion untouched.' The quiet in politics, which had settled over the State at the close of hostilities, now began to be broken by disagreements between the Standard and the Sentinel. The latter was a paper established shortly before in Raleigh and edited by William E. Pell, a former assistant of Holden. It soon began to represent the anti-Holden element which was beginning to appear, and, in fact, was in part responsible for its appearance. It endorsed the administration of Governor Holden until after the meet- '^ Standard, August, 25, 1865. The editorial columns of this paper must be regarded as expressing the views of Governor Holden, as he controlled it actually, if not in name. PRESIDENTIAL RECONSTRUCTION ng ing of the convention, but at times criticised his actions. This was regarded by the Standard as amounting to treason and disloyalty to the United States, and it at once made charges that an attempt was being made to revive Confederate issues. The question of the eligibiHty of unpardoned persons to seats in the convention was the cause of some discus- sion. William A. Graham was the choice of Orange County but declined to be a candidate because he had not been pardoned, stating at the same time that he be- lieved that he was eligible. Governor Holden appealed to the President for a decision in the matter and was sustained in his, opinion that no person who was un- pardoned, and so not a voter, could qualify as a delegate. The President also informed him that any unpardoned person, elected to the convention, would be immediately pardoned upon his recommendation." The administration of the amnesty oath and prepara- tions for the election were carried on quietly with little question of any kind being raised. Occasionally there were complaints that partiality was being shown. In Rutherford County about forty persons were not allowed to take the oath because they were " original war men." They went to Morganton and took it before the military authorities there, but were not allowed to vote at the election in Rutherford." The election was held peaceably in every part of the State except at Concord, the county seat of Cabarrus. General Ruger had given orders that on election day no soldier should visit the polls or even leave camp, unless summoned by the civil authorities,^ and in no instance ^Sen. Docs., no. 26, p. 223, 39 Cong., i sess. ^Executive Correspondence, Provisional Governor, p. 96. ^Standard, September 16, 1865. I20 RECONSTRUCTION IN NORTH CAROLINA were they required. The trouble at Concord was caused by the attempt of a party of intoxicated negroes to vote. A Union veteran, who lived in the town, fired a pistol into the crowd of freedmen and precipitated a sharp little fight, which, however, had no serious results.' Many persons who were regularly qualified, refused to take any part in the election on the ground that, in every case, the candidates were dictated. This refusal to endorse what was felt to be the dictation of the pro- visional governor showed what might be the attitude of the State towards him in the fall elections after the con- vention should have completed the work required of it and adjourned, leaving the government to be carried on directly by the people. Governor Holden was much gratified at the general result of the election, but greatly chagrined at the defeat of Dr. Leach and Chief Justice Pearson. He assured the President that the ultra-Union men or " straitest sect" would control in everything. Eleven persons who had not been pardoned were elected, but on the gover- nor's recommendation they received pardons in time to take their seats. ° 2. THE CONVENTION OF 1865 The convention thus secured by Governor Holden, in accordance with the President's directions, met in Raleigh on the appointed day (October 2) and organized by unanimously electing Judge Edwin G. Reade presi- dent.^ Among its members were few who had orig- inally favored secession and none who were very prom- ' Standard, September 28, 1865. "Sen. Docs., no. 26, 39 Cong., i sess. 'An informal ballot had already been held. Nathaniel Boyden re- ceived the second larges!; number of votes in this. PRESIDENTIAL RECONSTRUCTION 121 inently connected with the secession party. Most of them were old Whigs who, while opposed to secession, had submitted to the will of the majority. With these were many members of the peace party during the war. The delegates were unanimous in their desire to restore the State to normal relations with the federal govern- ment, and this was constantly shown as the session progressed. As a whole, probably, the body was composed of less able men than the convention of 1861, but it was by no means lacking in ability. Three of its members had also been delegates to the convention of 1835.' Twelve had been members of the secession convention." Two had been in the Confederate Congress, ^ and two had been Union rangers. A majority were middle-aged, very few being either very young or very old.'' The most prom- inent member and probably the ablest was B. F. Moore' of Wake. His record as a Union sympathizer was un- broken, although he was unable to take the " iron-clad '- oath, having been a member of the Board of Claims elected by the convention of 1861. Thomas Settle, Judge George Howard, William Eaton, Nathaniel Boyden, Ed- ward Conigland, D. D. Ferebee, Judge M. E. Manly, and Bedford Brown all took a prominent part in the de- bates and were the leaders of the convention. Edwin G. Reade, the president, had long been a prom- inent lawyer in the State. He had served one term in Congress, and while there, in 1856, was the only mem- ' These were Faison, Dockery, and Gilliam. ^^ These were John Berry, Bedford Brown, R. P. Dick, George How- ard, Giles Mebane, R. L. Patterson, R. S. Donnell, A. H. Joyce, E. J. Warren, D. H. Starbuck, and W. A. Smith. "E. G. Reade and G. W. Logan. * Sentinel, November 11, 1865. 122 RECONSTRUCTION IN NORTH CAROLINA ber from the South who voted to censure Keitt for his part in the assault upon Sumner. In 1861 he was elected a delegate to the convention which the people rejected, but refused to be a candidate for the later one, as he was opposed to secession. He was for a short time a Con- federate senator, and in 1863 was elected a judge of the Superior Court. Governor Holden appointed him a pro- visional justice of the Supreme Court. He was a most suitable choice for presiding of^cer and proved a very able one. When he took the chair he made a very elo- quent address closing as follows : Fellow Citizens, we are going- home. Let painful reflections upon our late separation and pleasant memories of our early union quicken our footsteps toward the old mansion, that we may grasp hard again the hand of friendship which stands at the door, and sheltered by the old homestead which was built upon a rock and has weathered the storm, enjoy together the long, bright future which awaits us. The governor's message was brief. He reviewed the President's position in regard to the reconstruction of the Southern States, praising its breadth and liberality, and congratulating the members on the favorable condi- tions under which they met.' He alluded to the ques- tions of secession and slavery but made no mention of the disposition of the war debt. The first subject of discussion by the convention was the abrogation of the ordinance of secession. So far as the end to be obtained was concerned, the convention was a unit. Regarding the means, a decided difference was noticeable. On the third day, Jones of Rowan in- troduced an ordinance repealing the ordinance of seces- ^ Journal, p. 11. PRESIDENTIAL RECONSTRUCTION 123 sion, with a declaration that the convention in no sense endorsed the theory of secession, but wished simply to repeal the ordinance out of consideration for the feelings of their fellow citizens who had believed in it, and from a desire for cordial reconciliation. The same day Na- thaniel Boyden from the committee on the subject re- ported the following ordinance : Be it ordained by the delegates of the good people of the State of North Carolina in convention assembled, and it is hereby declared and ordained that the ordinance of the convention of the State of North Carolina, ratified on the 21st day of No- vember, 1789, which adopted the Constitution of the United States, and also all acts and parts of acts of the General Assemlby ratifying and adopting- amendments to the said Constitution, are now and at all times since the adoption and ratification thereof have been in full force and effect, notwith- standing the supposed ordinance of the 20th of May, 1861, declaring that the same be repealed, rescinded and abrogated, and the said supposed ordinance is now and hath been at all times, null and void. Jones's ordinance was then tabled indefinitely with- out discussion. The following day Dennis D. Ferebee offered a substitute, differing in form from the draft reported by the committee, and, in fact, embodying a compromise between this and the one proposed by Jones. A sharp debate then followed. The opposition to the committee's draft was led by Judge Howard. He pre- faced his speech with the declaration that he had voted heartily for secession, but, convinced that it was a failure, he was ready to do all in his power to effect a restora- tion; that so far as the United States was concerned the ordinance of secession had always been null and void ; but to the people of the State it was the charter 124 RECONSTRUCTION IN NORTH CAROLINA under which they had acted and carried on a de facto government for four years, and he would not wrong them by taking it away. During the period of the war, the State, sustaining its action by arms, was to all in- tents independent, with all the machinery of government in the full exerc'se of its functions. If the ordinance of secession had no effect, all acts in the period following were null and void. He denied that the military power, while sustaining a theoretical independence of the State, had succeeded in making independence actual for any period, and held that consequently opposition to the ordinance under discussion did not mean hostility to a restoration of the Union. Others opposed the proposed ordinance on the ground that it was a reflection on the convention of 1861, and because the convention was by nature a legislative body and not a judicial one.' B. F. Moore, who drew the committee's ordinance, said his main reason for favoring it was that through it the right of citizenship in the United States would be retained, and not otherwise. He did not believe that declaring the ordinance of secession null and void would permanently invalidate all acts done during the war, but said that the convention could make them valid by an additional ordinance.^ A great deal of feeling was shown in the debate by several of those favoring the com- mittee's ordinance. Judge Warren, who voted for the ordinance of secession in 1861, declared that the object of the substitute was to "hoodwink" the convention into an endorsement of secession.' Samuel F. Phillips voiced the sentiment of a large number when he said that, as the convention of 1861 had expressed an opinion 'Andrews, The South Since the War, pp. 144, 151. ''Ibid., pp. 150-1. ^Ibid., p. 151. PRESIDENTIAL RECONSTRUCTION 125 one way, a body of equal rank should register a counter opinion, and, as the functions of a convention of the people in its sovereign capacity were both legislative and judicial, it could either repeal or declare null and void the acts of a former body. As secession was a creature of the mind, and could not, in consequence, be affected by the success or failure of an army, it was necessary to declare against it/ The substitute was rejected by a vote of ninety-four to twenty." The original was then put upon its second reading and passed with nine still voting in the nega- tive.3 A few moments later, after some discussion as to whether another reading was necessary, it passed its third reading. Several delegates, including Judge How- ard and McKay, voted against it, and a still larger number, including Judge Manly and Ferebee, declined to vote.* Secession, already dead in North Carolina for some time past, was legally pronounced never to have had life. On October 5, Thomas Settle reported an ordinance forever prohibiting slavery in the State. A few of the members attempted to have the cause of its abolition in- serted as a preamble, but the plan failed and, two days ' Andrews, T/ie South Since the War, p. 147. "The following voted nay: Alexander, Allen, Brown, Conigland, Eaton, Faison, Ferebee, Hanrahan, Howard, Jarvis, Joyner, Kennedy, Manly, McKay, Mclver, Mebane, Murphy, Ward, Winborne, and Wright. "These were Allen, Faison, Ferebee, Howard, Joyner, Manly, Mc- Kay, Murphy, and Ward. * Judge Howard relates that Judge Manly and Ferebee were about to leave the hall before the vote, but stayed with him. Settle was standing in the aisle and suggested a third reading. He turned to Judge Howard and said, "Howard, let it be unanimous. You have already voted." Judge Howard replied with emphasis, "I'll see you damned first." 126 RECONSTRUCTION IN NORTH CAROLINA later, the ordinance was passed unanimously.' It was then provided that both ordinances should be submitted separately to the people at the next election.' An amendment was offered to this providing that the peo- ple should vote on the question in the words " Seces- sion " or "No Secession" and "Slavery" or "No Slavery." This was purely for political purposes and was resented by those who had opposed the anti-seces- sion ordinance. Judge Howard, in opposing the amend- ment, attacked bitterly those who never spoke or acted for the Union until the Confederacy fell and then be- came proscriptive and vindictive. ^ This was aimed at several of the members of the convention and was ap- plicable to many more* The two great objects of the convention were thus accomplished. There still remained other matters of importance, mainly internal in their nature. These were settled in the next few days by the passage of various ordinances. The election of state and county officers and also of a General Assembly and members of Con- gress was provided for.= To remove doubts as to the validity of official acts after May 20, 1861, all laws con- sistent with the state and federal constitutions were de- clared in full force. Judicial proceedings were also held valid and contracts declared binding. In relation to the latter, it was made the duty of the General Assembly to provide a scale of depreciation of the currency from the 'Journal, p. 28. ' Ordinances, p. 46. ^Sentinel, October 25, 1865. ' Sidney Andrews, in his South Since the War, p. 136, declares that he found in the convention much hatred of secession and secession- ists, but that it Vi^as from political feeling and not from love of the Union. ^Ordinances, p. 42. PRESIDENTIAL RECONSTRUCTION 127 first issue until the end of the war, and all contracts were to be deemed solvable on that basis, unless evi- dence was produced of a contrary intention at the time the contract was made. All acts of civil and military officers of the State or of the Confederate States, in accordance with law, were declared valid, and such offi- cers were relieved of any penalty for their actions. The acts of the provisional governor and his agents were made valid, and it was provided that all offices created by him should become vacant at the close of the next session of the General Assembly.' Offices whose incum- bents had taken the oath of allegiance to the Confederate States were declared vacant.^ This produced some de- bate, as, by a decision of the Supreme Court of North Carolina, it had been held that the holder of an office had a right of property therein.' But it was argued that a convention was bound only by the Constitution of the United States, and the ruling of the Supreme Court of the United States on the question differed from that of the state court.* The State was divided into seven congressional dis- tricts in preparation for the coming election. Provision was made for the organization of a military police in every county, if it should be thought necessary by the sheriff and magistrates. The necessity for this action was strongly urged by Ferebee and Alfred Dockery, who stated that the white people were unarmed and in a con- stant state of uneasiness at the presence of many strange negroes, the majority of whom were armed. ^ Some doubt was expressed as to the wisdom of attempting ' Ordinances , p. 58. '^ Ibid., p. 63. '■'•Hoke V. Henderson , 15 N. C, i. ^Butler V. Pennsylvania, 10 Hov/ard, 402. ^Annual Cyclopcsdia, 1865, p. 627. 128 RECONSTRUCTION IN NORTH CAROLINA such a thing while the State was under martial law. It was stated, however, that General Ruger was heartily in favor of it, and attention was called to the President's approval of Governor Sharkey's establishment of a militia in Mississippi. This removed all opposition and secured the unanimous passage of the ordinance. The President was requested to withdraw all colored troops from the State as unnecessary and dangerous." He was also re- quested to proclaim speedily a general amnesty,'' and to proclaim that the people of North Carolina were restored to their rights and privileges under the Constitution and in the Union. ^ Congress was requested to repeal the " iron-clad " oath.'' Provision was made for revenue in 1866 by the passage of an ordinance providing for an extensive system of taxation.^ Governor Holden was requested to confer with General Ruger and secure to the people the broken-down horses and mules which had been left by the federal troops in exchange for those taken away.' In order to define the status of the freed- men, the governor was instructed to appoint a commis- sion of three persons to prepare and report to the next General Assembly a system of laws relating to the freed- men, and to indicate what laws then in force should be repealed.' The only matter of importance remaining, upon which the convention was likely to take any action, was the state debt. As has been seen,^ it had not been the subject of much discussion during the period preceding the meeting of the convention. When the convention met, a committee was appointed to consider the subject. ^Ordinances, p. bi^. ' Ibid . , p . 6'7 . ^ Ibid., -p. y^. '■Ibid., p. 70. '"Ibid., p. 48. ^Ibid., p. 74. ''Ibid., p. 7Z. "Cf.'' supra, p. 118. PRESIDENTIAL RECONSTRUCTION 129 On October 10, P. H. Winston from the committee reported that they had been able to discover no difference of opinion on the question of the old debt, all agreeing that it should be paid. But in view of the fact that there was a great diversity of opinion regarding the debt incurred since May 20, 1861, and, since the information in the hands of the committee as to the purpose of a large part of it was very meagre, they recommended an adjourned session and that no action should be taken at the time.' Settle at once introduced a resolution pro- hibiting the assumption of the war debt. He said that, while there had been little or no discussion of the matter before the election, he believed the minds of the people were made up and that they wanted the thing settled finally. He was strongly opposed by D. F. Caldwell and Edward Conigland, who represented the element favoring the payment of the entire debt. A combination of this element with the members who preferred longer discussion and a delay until the adjourned session resulted in the tabling of Settle's resolution.^ This action was in part due to a letter from Dr. Powell, the state agent, to Governor Holden, in which an account was given of separate conversations with every member of the cabinet. Secretary Stanton declined to discuss the subject, but all the rest agreed that the convention ought not to take any action, at the time, in regard to the debt. This letter was circulated and read by the majority of the members of the convention. ^ The matter seemed settled and, so far as can be judged from the press, the people approved. But a surprise was in store for the State and the convention, though ^Standard, Oct. 11, 1865. ^ October 13, 1865. ^Jonathan Worth to the editor of the Sentinel, Oct. 30, 1865. 130 RECONSTRUCTION IN NORTH CAROLINA not for certain individuals. Governor Holden, who had apparently favored the tabling of Settle's resolution, either changed his mind or became aware that his views were not in accord with those of the President. So he telegraphed the latter as follows : Raleigh, October 17, 1865. Sir : Contrary to my expectation, the convention has in- volved itself in a bitter discussion of the State debt made in aid of the rebellion. A continuance of this discussion will greatly excite the people and retard the work of reconstruc- tion. Our people are believed to be against assuming the debt by a large majority. Is it not advisable that our Con- vention, like that of Alabama, should positively ignore this debt now and forever ? Please answer at once. W. W. HOLDEN.' So far as this implied that the bitter discussion had occupied the formal proceedings of the convention, it was untrue. The whole matter had been tabled on the thirteenth with no prospect of further action being taken during the session. The discussion had never been bitter and had been very brief. The next day Governor Holden sent to the convention the President's reply : Washington City, October 18, 1865. W. W. HoLDEN, Provisional Goverrior: Every dollar of the State debt, created to aid the rebellion against the United States, should be repudiated, finally and forever. The great mass of the people should not be taxed to pay a debt to aid in carrying on a rebellion which they, in fact, if left to themselves, were opposed to. Let those who have given their means for the obligations of the State, look to that power they tried to establish in violation of law. Con- stitution, and the will of the people. They must meet their ^Sentinel, March 23, 1866. Quoted from Senate Documents. PRESIDENTIAL RECONSTRUCTION 131 fate. It is their misfortune and they cannot be recognized by the people of any State professing themselves loyal to the government of the United States in the Union. I repeat, that the loyal people of North Carolina should be exonerated from the payment of every dollar of indebtedness created to aid in carrying on the rebellion. I trust and hope that the people of North Carolina will wash their hands of everything that partakes in the slightest degree of the rebel- lion which has been so recently crushed by the strong arm of the government in carrying out the obligations imposed by the Constitution of the Union. Andrew Johnson, President United States} This telegram changed the sentiment of the conven- tion. D. F. Caldwell said his opinion was changed by the knowledge of the President's desire, and that he favored immediate repudiation. B. F. Moore, who had taken little part in the debate before, now became vehement in his opposition to immediate action. He opposed any acceptance of dictation from the President and criticised him sharply for sending the message. George W. Brooks made a long and rather bitter speech, favoring repudiation on the ground that, as the object of the debt had been "the persecution of loyal persons," they should not be forced to bear the burden.'' Eugene Grissom, a close friend of Governor Holden, then moved an amendment to Settle's resolution, providing for sub- mitting the matter to the people. This was passed,^ but later reconsidered and rejected, the convention deciding not to put the burden of decision on the peo- ple. Settle's resolution was then passed.-i A protest against its passage was made by William Eaton, who was joined in it by ten others. The ordinance imposed ^Executive Correspondence, Provisional Governor, p. 83. ''i.eniinel, Oct. 20, 1865. ^Journal, p. go. * Ibid., p. 92. 132 RECONSTRUCTION IN NORTH CAROLINA Upon the General Assembly the duty of providing, as soon as practicable, for the payment of the state debt not incurred in aid of the war. It further declared all debts and obligations created in direct or indirect aid of the rebellion void, and removed from the General As- sembly all power to provide for their payment.' Presi- dent Johnson was notified of the convention's action by Governor Holden in the following letter: Raleigh, October 20, 1865. The President of the United States : Sir: — The convention has adjourned. It has promptly re- pudiated every dollar of the rebel debt and bound all future legislatures not to pay any of it. Your telegram had a most happy effect. The Worth faction is working hard, but will be defeated by a large majority. Turner and other contuma- cious leaders ought to be handled at the proper time. Please pardon no leading man unless you hear from me. W. W. HoLDEN. After passing a resolution of thanks to President Johnson and Governor Holden for their endeavors to- ward a restoration of the State to its rights in the Union, the convention adjourned until May 24, 1S66. The action of Governor Holden and the President was resented deeply in the State. This feeling was independ- ent, in many cases, of opinion regarding repudiation. The Sentinel voiced it as follows : " One of the last acts of the convention, and certainly the most humiliating act ever performed by a body claiming to be the embodi- ment of the sovereignty of the people of a State, and ever put upon record, was the passage of the ordinance repudiating for all time the war debt of the State."" The ordinances and resolutions passed by the conven- ' Ordinances, p. 66. '^Sentinel, Oct. 26, 1865. PRESIDENTIAL RECONSTRUCTION 133 tion were carried to Washington by a committee headed by Judge Reade and submitted to the President for his approval.' 3. THE CAMPAIGN AND ELECTION OF 1865 On October 14, a letter, signed by fifty-three members of the convention, was sent to Governor Holden, re- questing him to be a candidate for governor at the ap- proaching election. He replied in a somewhat fulsome manner, accepting the nomination but declaring that he had not sought it. He entered into a criticism of party spirit, declaring that faction was the bane of the country. He said that as provisional governor he had known no party, but for the future, he was a member of the National Union Party with Andrew Johnson at its head. It was recognized generally that he had endeavored during the whole period of his incumbency of the office of provisional governor to build up a machine in his own interest,'' but many of his political associates were con- tent to follow his lead and nominate him. Many, how- ever, revolted and refused to give him their support. Lewis Hanes, his private secretary, who had been a staunch ally in the peace movement during the war, was among these. Defining his position, he said : " I believe that in everything he [Governor Holden] did, he kept constantly in view no object but his own political ad- vancement." ^ The announcement of Governor Holden's candidacy was not made until October 18, when the correspondence ' Sentinel, Nov. 18, 1865. The Sentinel was strongly in favor of pay- ing the debt. ' Testimony of Rev. Hope Bain, Reports of Committees, part 2, p. 206, 39 Cong., I sess. ^ Old North State quoted in Standard, July 18, 1866. 134 RECONSTRUCTION IN NORTH CAROLINA with the members of the convention was pubHshed. In the meantime, sixty-seven members of the convention, who had decHned to join in the request that Governor Holden should be a candidate, looked about for some one on whom the opposition could join. The name of Jonathan Worth, suggested during the summer, now recurred." He had won golden opinions for his skill- ful management of the business affairs of the State, and his past record made him eminently suitable as a candidate. Many of those who had joined in the call on Governor Holden favored Worth, but had been induced to sign by the representation that he would not be a candidate. Others were known to have signed only because they were under such obligations to Governor Holden for their pardons and for various political favors that they felt bound to support him.' Under such cir- cumstances, Worth was urged to allow the use of his name and finally, with great reluctance, consented. Many of his friends, including John Pool and Lewis Thompson, believed that there was no hope of his election, and he, himself, was very doubtful at first. Others thought it unwise to oppose Holden. Worth, however, was convinced that Holden was not a suitable candidate on account of the dislike he inspired in so many of the people, and soon felt fairly confident of success. His candidacy was announced before Governor Holden's, and he had the advantage, if there was any, of being the first in the field. He at once resigned his place as provisional treasurer, expressing his willingness, if Governor Holden 'William A. Graham, Josiah Turner, P. H. Winston, and C. C. Clark were prominent in the movement which resulted in Worth's nomination. In spite of their efforts, Worth for a week refused to consider it. 'Hamilton, ed., The Correspondence of Jonathan Worth, i, p. 433. PRESIDENTIAL RECONSTRUCTION 135 should so desire, to continue in the performance of its duties until the election/ The resignation, however, was accepted, and Dr. William Sloan, of Gaston, was appointed to succeed him. About the same time candidates for Congress were announced. Twenty-three aspirants for the seven seats appeared. The active work of the campaign was carried on by them, for neither of the gubernatorial candidates took part in the canvass. The usual newspaper battle commenced, and the general line of party division begun at this time, has continued ever since. Political peace, or even a semblance of it, was to be absent for at least twenty years. Worth was at once attacked by the Standard, first with ridicule,^ and then, as the growth of opinion in his favor became more evident, with violent abuse. He was attacked because, in 1861, he had op- posed the "stay law." Josiah Turner, who was a candi- date for Congress, although as yet unpardoned, had for years been closely associated with Worth and was in- cluded in the attacks. The two were accused of being the representatives of a faction of "place hunters,"^ and not only of being the candidates of the "Confederate" party, but even of having been original secessionists. In proof of the accusation, the declaration of independ- ence, which Turner had introduced in the Senate in 1861,'' and for which Worth and every Union man in that body had voted in order to provoke the secession- ' Worth to Holden, Oct. 18, 1865. ■'The Standard said the nomination was a "bait composed of old secession hooks dressed up in the feathers of a few Union geese." = Among these were included Thomas Bragg, Judge Manly, P. H. Winston, Judge Howard, T. L. Clingman, Abram Venable, and D. D. Ferebee. Standard, Oct. 24, 1865. • Cf. supra, p. 25. 136 RECONSTRUCTION IN NORTH CAROLINA ists, was brought forward and urged as conclusive evi- dence.' The prospects of the State for readmission to the Union, it was declared, would be entirely destroyed if Worth should be elected, and the issue was defined as, " W. W. Holden and Go Back to the Union, or Jonathan Worth and Stay Out of the Union. Or, in other words, Holden and live again under Washington's government, or Jonathan Worth and perish."'' This gave Worth much uneasiness and he appealed to friends in Washing- ton to try to find means to efface the impression which was being created by the friends of Holden that the President preferred the latter's election.^ Worth's posi- tion regarding the war debt was criticised, regardless of the fact that, almost until the adjournment of the con- vention. Governor Holden held a similar opinion. It was stated that, in the event of Worth's election, the convention would reassemble and, in defiance of the ex- pressed wish of the President, assume the entire war debt of the State and crush the people under the burden of an immense taxation, besides bringing the State into conflict with the authorities of the United States, and having martial law under negro troops prolonged in- definitely.'' Governor Holden's record was enlarged upon, particular emphasis being laid on his hostility to the Confederate government and, his part in the peace movement. ^Standard. Oct. 24, 1865. ''Ibid., Oct. 21, 1865. ^ Worth to B. S. Hedrick, Oct. 21, 1865. Hamilton, ed., The Corre- spondence of Jonathan Worth, i, p. 472. Hedrick had been a professor at the University of North Carolina and had been forced to leave on account of his being in favor of Fremont in 1856. This was largely through the influence of Holden, and Hedrick, in consequence, had no good feeling for him. ^Standard, Oct. 21, 23, and 24, 1865. PRESIDENTIAL RECONSTRUCTION 137 It is not doubtful that many of these arguments had a boomerang effect. The people in general, while uncer- tain what they wished regarding the final disposition of the war debt, were at least certain that they wanted the matter considered fi-om every standpoint. The Presi- dent's action in forcing repudiation was resented, and the burden of this fell upon Governor Holden because, after acquiescing in the policy of postponement of the question, he had brought the matter to the notice of the President and was, to that extent, responsible for repu- diation. As regards Governor Holden's record, it was a delicate matter, and bringing it up showed a lack of political sagacity. It cannot be doubted that, at this time. North Carolina was honestly desirous of a return to the Union, where peace could be found. The purpose to remain loyal to the Union in the future is equally cer- tain. The utter failure of secession was recognized, and fewer mourned it than might have been expected. But there was little or no change of opinion on the question of the right involved. It could hardly be expected that such a change v^^ould occur, but it was demanded in the State by the " straitest sect " element, and in the North by the radicals. It would have been a wonderful thing, in view of his past record, if Holden had had the love, respect, or confidence of the people of North Carolina in 1865, even if his record since the war had been left out of account. The great marvel was that the feeling against him remained quiet as long as it did. Only the course of the Standard was necessary to arouse it and insure his defeat. The opposition to him was, to an extent, based on his past record, and his numerous changes of political affili- ation were once more brought up against him. But the main fight was made on his action as provisional 138 RECONSTRUCTION IN NORTH CAROLINA governor and the claim that his election was a prerequi- site for the return of the State to its normal place in the Union. As the campaign progressed, the Standard and the Progress began to charge that all opposition to Governor Holden was an evidence of disloyalty. This course of action was sharply criticised by the rest of the state press, even by the papers supporting Governor Holden. The Charlotte Times, which supported Worth, said, "Vote for Holden and be loyal, and vote against him and be a traitor. That is the English of it. And if that is to be the test, then we are a traitor and glory in the treason. As a provisional governor, we have not aught to say against him, but as a politician, we are against him, and if chance should throw us on the same side with him, it would make us question the correctness of our view." ' Still another cause of opposition, brought forward by the Sentinel, was the necessity of bringing out a full vote as an assurance of the loyalty of the peo- ple of the State, and as a sign of their acceptance of the terms of reconstruction ; and it was thought that, if Governor Holden should run alone, it would be regarded by the people as dictated from Washington and they would not care to vote.^ This was a weak reason, and yet the condition stated was actual, as is shown by the election for delegates to the convention, when a great many failed to vote from the very belief mentioned here. Governor Holden had the support of a more influential and representative class of men than in 1864. John Pool, R. S. Donnell, Bedford Brown, and Thomas Settle signed the request that he should be a candidate. B. F. Moore, desiring that no party division should occur, was 'Quoted in the Sentinel, Nov. 22, 1865. ''Ibid., Oct. 19, 1865. PRESIDENTIAL RECONSTRUCTION i^g in favor of his election, " if he continues to exercise the office as heretofore and if his programme of principles and measures should not be very objectionable." ' Many others of the same type would have supported him but for the violence and the proscriptive tendency of the Standard. The number of congressional candidates was lessened by the withdrawal of several before election day. In the campaign, no mention seems to have been made of the two ordinances submitted to the people. In fact, they were not regarded as issues, and, besides, all issues had been merged into the one of Holden. His suitability, politically and personally, was the one question to be decided. The election was held November 9. Its result was a victory for Worth, who received a majority of 5,937 out of a total vote of nearly 60,000, and carried fifty-four of the eighty-nine counties in the State. A much smaller vote was cast on the two ordinances, which were both ratified.^ The congressional elections were regarded by both sides as comparatively unimportant. All who were elected had originally opposed secession, and all but two had been Whigs. Two had been members of the Con- federate Congress, and only one of the seven could take 'B. F. Moore to T. R. Caldwell, Oct. 14, 1865. Illustrative of Moore's foresight, the following is interesting: " A division, placing the Unionists on one side and the secessionists on the other, will lead to a breach made wider and deeper every day, until the extremest part- izan on either side will become the most powerful man of his party, and the most dangerous to the quiet and prosperity of the State. With such tools as these, we shall be sure to dig up negro suffrage and worship it as many did the cotton bag." ^The vote on the ratification of the anti-secession ordinance was: for, 20,870; against, 1,983. Anti-slavery ordinance: for, 19,039; against, 3,970. 14-0 RECONSTRUCTION IN NORTH CAROLINA the "iron-clad" oath required for admission to a seat in Congress.' Of the defeated candidates, only one could take the oath. Before the election. President Johnson told Judge Reade that the provisional government would not term- inate at once. Two days after the election, Governor Holden was notified by Secretary Seward to continue in the exercise of his duties until relieved by directions from the President. Many things in the campaign tended to create the im- pression in the TJorth that the result of the election was a victory of those who were still hostile to the United States, and who hoped that, in a different way than by arms, the results of the war might be changed. This impression was largely caused by the course of ^he Standard and the Progress, but they met with assist- ance from other sources. The result of the congres- sional elections, for instance, was not calculated to assist the State to its original place in the Union. The elec- tion of an unpardoned person, as in the case of Turner, created a bad impression. In fact the wisdom of elect- ing any of the delegation, except, possibly, A. H. Jones, who could take the oath, is doubtful, if it was hoped that they would be admitted to their seats. They were all men who favored the Union and who represented the opinions and feelings of the State, but it was fairly cer- tain that none would be recognized when Congress met. The opinion of the President on the result is best seen in the following communication to Governor Holden : 'The successful candidates were: J. R. Stubbs, C. C. Clark, T. C. Fuller, Josiah Turner, Bedford Brown, S. H. Walkup, and A. H. Jones. The last mentioned could take the oath. PRESIDENTIAL RECONSTRUCTION j^j Washington, November 27, 1865. Accept my thanks for the noble and efficient manner in which you have discharged your duty as Provisional Gov- ernor. You will be sustained by the g-overnment. 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 leg- islature 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. The period between the election and the meeting of theTjeneral Assembly was devoid of events of interest. So long as something was to be gained from loyalty by the element of which the Progress was representative, the State had been declared to be loyal. But when the result of the election was known, that paper asserted that "universal loyalty may come with the next genera- tion, but we who live in this will never see it." ' The Standard said that the provisional governor was hin- dered in his work and that it was the "unmistakable work of unpardoned violent traitors."' The latter also dilated much upon the lack of wisdom shown in electing men to Congress who could not take the oath, forgetful of the fact that it had endorsed the candidacy of five who were unable to do so. After the receipt of the President's letter i-equesting him to continue in the exercise of the duties of his office. Governor Holden seems to have thought that the pro- visional government would be continued until Congress ^Progress, Nov. 14, 1865. ^Standard, Nov. 17, 1865. 142 RECONSTRUCTION IN NORTH CAROLINA had recognized the new state government by admitting the members from North CaroHna. The people were anxious in regard to it, and there was a general desire for some assurance from the President as to his inten- tions. 4. THE RETURN TO CIVIL GOVERNMENT. The General Assembly met on November 27." In the Senate, Thomas Settle was chosen speaker over Dennis D. Ferebee. This would indicate a majority of the sup- porters of Holden. As speaker of the House, Samuel F. Phillips was chosen unanimously. The governor's message laid special stress on the im- portance of immediately ratifying the Thirteenth Amend- ment. The House had already taken up the matter and passed a ratifying resolution with only four negative votes. An attempt was made to amend by adding a clause stating that any legislation by Congress upon the political status or civil relations of the freedmen would be unconstitutional and in opposition to the policy of the President, as expressed in his proclamations. This was defeated by a large vote.^ In the Senate the oppo- sition to the amendment was strongly shown. John M. Morehead voiced this in declaring his objection to the clause giving Congress the power of enforcement. Through it, he thought. Congress was given unlimited power of legislation, and a State would be powerless to resist. The result of its adoption would be legislation giving the freedmen the privilege of bearing arms, giving testimony, intermarriage with the whites, and the elective ' Six members of the Senate and eight of the House were also mem- bers of the convention. No informaiion can be obtained of the former political affiliations of the majority of the members. ^ House Journal, 1885, p. 26. PRESIDENTIAL RECONSTRUCTION 143 franchise. He denied any desire to impede its passage, but declined to vote for it.' Ferebee made an elaborate protest against its passage, which was spread upon the journal. His objections were based upon the same grounds as Morehead's, and also on the fact that the Southern States were not free agents, advantage being taken of their condition to force their consent to what they would otherwise reject. Three other senators united with him in the protest.'' The resolution passed without further opposition. The blow at the rights of the States was perceived, but just at this time there was apparently very little inclination to discuss the constitu- tional question of States' rights. Its interest for the time had waned. After ratification, the subject was re- ferred to a committee, which reported a resolution de- claring that the amendment was ratified, with the under- standing that the power of Congress to legislate on the subject of the freedmen was in no way enlarged. ^ This passed at the end of the session and, of course, was inoperative, amounting simply to a protest. The publication in the Standard of the President's criticism of the State's action led to the passage of reso- lutions declaring that the people of the State had ac- cepted in good faith the terms of the President and had complied with the conditions imposed; that they were loyal to the government of the United States and were ready to make any concessions, not inconsistent with their honor and safety, for a restoration of harmony. A declaration of confidence in the President and of thanks for his liberal policy was added.* ' His speech is quoted in the Sentinel, Dec. 2, 1865. ^ Senate Journal, 1865, pp. IS3-S- ^ Ibid., 1865, p. 84. * Resolutions , i855, p. 10. 144 RECONSTRUCTION IN NORTH CAROLINA The greater part of the session was spent in filHng the various offices declared vacant by the convention. Two United States senators were elected, William A. Graham and John Pool. The former, who had not been pardoned, received the unanimous vote of Orange County for the state Senate, but did not make any effort to take his seat. A large number of the members of both houses then petitioned the President to pardon him. The day he was elected United States senator, ' the pardon was signed, but it was not sent to him, nor was he notified of the fact for some time. Governor Holden, who, a short time be- fore, had again advised against his pardon, notified the President of his election, adding a characteristic ex- pression of doubt whether a Northern member of Con- gress could with propriety consent to sit with one who had been a member of the Confederate Congress. ^ The short term was offered to Holden privately, but he refused to accept it. ^ Thomas L. Clingman, who had been elected in 1861, claimed the seat and went to Washington with the intention of presenting himself as the member, but a committee, appointed by the state Senate to investigate the matter, declared that he had no claim to the seat, and Pool was elected. The legislature also elected a full set of judges. In the Supreme Court, two of the old members were re-elected, and Judge Reade replaced Judge Manly. Five of the provisional Superior Court judges and several of the solicitors, appointed by Gov- ernor Holden, were elected permanently. Nearly all the officers chosen had been formerly members of the Whig party.'* ' Only fourteen votes in both houses were cast against Graham. '■Sen. Docs., no. 26, p. 228, 39 Cong., i sess. ^Sentinel, Dec. 15, 1865. *The state officers were as follows: Governor, Jonathan Worth; PRESIDENTIAL RECONSTRUCTION 145 No disposition was shown to take up general legisla- tive matters. The members felt that there was no as- surance that any act would be regarded as valid, and considered it wise to await the outcome of the attempt of the representatives-elect to take their seats in Con- gress. Consequently, after filling the vacant state offices and administering the oath of office to Worth, with a provision that he should enter upon the duties of the office at the termination of the provisional government, the legislature adjourned until February, i865, without taking any action regarding the freedmen or other matters of importance. Governor Holden kept the President informed of the actions of the legislature, everything being presented in its worst light. He also made a strong effort to induce the President to set aside the election and retain him as provisional governor.' The President would not con- sent to this, and finally, on December 23, sent, through Secretary Seward, the following dispatch to Governor Holden : Department of State, Washington, December 23, 1865. To His Excellency, W. W. Holden, Provisional Governor of the State of North Ca7-olina, Raleigh, North Carolijia: Sir : — The time has arrived when, in the judgment of the President of the United States, the care and conduct of the Secretary of State, R. W. Best; Treasurer, K. P. Battle; Comptroller, Curtis H. Brogden; Attorney General, S. H. Rogers; Justices of the Supreme Court, R. M. Pearson, W. H. Battle, E. G. Reade; Judges of the Superior Court, D. A. Barnes, E. J. Warren, D. G. Fowle, R. B. Gilliam, R. P. Buxton, Anderson Mitchell, W. M. Shipp, A. S. Merrimon; Solicitors, M. L. Eure, W. T. Faircloth, S. H. Rogers, Thomas Settle, Neill McKay, L. Q. Sharpe, W. P. Bynum, David Coleman. 'B. S. Hedrick to Jonathan Worth, July 8, 1866. Hamilton, ed.. The Correspondence of Jonathan Worth, ii, p. 675. 146 RECONSTRUCTION IN NORTH CAROLINA proper affairs of the State of North Carolina may be remitted to the constitutional authorities chosen by the people thereof, without danger to the peace and safety of the United States. By direction of the President, therefore, you are relieved from the trust hitherto reposed in you as provisional governor of North Carolina. Whenever the governor-elect shall have accepted and become qualified to discharge the duties of the executive office you will transfer the papers and property of the State, now in your custody, to his excellency, the gov- ernor-elect. It gives me especial pleasure to convey to you the Presi- dent's acknowledgement of the fidelity, the loyalty and the discretion which has marked your administration. You will please give me a reply specifying the day on which this communication is received. I have the honor to be your excellency's most obedient ser- vant, William H. Seward.' He also notified Governor Worth of the termination of the provisional government and ofTered him the co- operation of the United States government in all his efforts towards an early restoration of the State. Gov- ernor Worth replied, on December 28, that he had that day assumed the duties of his office, and assured the Presi- dent of his hearty desire to establish harmonious rela- tions between the state and federal governments." As has been noted, ^ the convention passed an ordi- nance providing that all offices filled by the provisional governor should become vacant at the close of the pro- visional government. The legislature made no provision for new justices of the peace, and, in consequence, the 'Executive Correspondence, Worth, vol. i, p. 3. ''Ibid., pp. 2-4. ' Cf. supra, p. 127; also Ordinances, p. 59. PRESIDENTIAL RECONSTRUCTION i^y newly-elected county officers were unable to qualify. The machinery of county government was stopped, and with it, the execution of state law by the civil power. The unimportance of the minor civil officers at this time prevented this condition of affairs from being harmful to the general welfare of the people, but it was one of the anomalies which this period so frequently presented. Governor Worth, by the advice of the Council of State, at once summoned the legislature to meet in extra ses- sion to remedy the defect. The session opened January l8, and acts were promptly passed authorizing the pro- visional officers to administer the oaths of office to their successors and to the magistrates elected by the legis- lature at the extra session.' The acts of the de facto sheriffs until March i, 1866, were legalized;' and all other officers were authorized to hold over until the qualification of their successors.^ Other questions then engaged the attention of the legislature. The legislation regarding the freedmen occupied some time. The law of evidence was changed in criminal suits so as to admit the testimony of an accused person, which up to this time was incompetent.* A resolution was introduced into the House requesting the President to proclaim a general amnesty. Imme- diately a substitute was offered which, after reciting the supposed hardships endured by Union men, declared that no office should be held by an original secessionist or " latter-day war man," and requesting the President to declare all offices so held vacant. To avoid discussion of this, the original resolution was dropped. The ses- sion lasted until the middle of March, most of the time being spent on private legislation. ^Laws, 1866, chap. iv. 'Ibid., chap. vi. '■Ibid., chap, xxxvi. '■Ibid., chap. Ixiv. ■ CHAPTER FOUR Political and Social Conditions Under the Restored Government i. the freedmen Even before the termination of hostilities, the negro question arose in North Carolina, but at first the problem was necessarily one for the military authorities solely. The first question requiring solution was regarding the disposi- tion of the great numbers of freedmen who had assembled in various places, particularly in New Bern and Wilming- ton. When Sherman reached Fayetteville, about 8,000 negroes were with the army. The burden was too great, and he sent them to Wilmington, where a great number had already congregated.^ When it was decided, on account of expense, the danger of disease, and other causes, to dis- perse them as much as possible. General Hawley settled part of those in Wilmington on Smith's Island, at the mouth of the Cape Fear, and part near Fort Anderson, at Old Brunswick.^ They were supplied with food and encouraged to begin planting crops. General Schofield, in his proclamation annoimcing eman- cipation, advised the freedmen not to congregate in the towns but to seek employment under their former masters. ° He was fearful of the result of the delay in settling the question of their status and disposal, believing that they ' Off. Rec, no. 99, p. 978. ' Ibid., no. 100, pp. 39, 80. ' Ibid., p. 331. 148 POLITICAL AND SOCIAL CONDITIONS i^g would become a " huge white elephant " on the hands of the government/ On May 15, he published a set of regu- lations for their government. Parents were declared to have control of their children and, at the same time, the obligations of their former masters to take care of the chil- dren became theirs. Orphans and the aged and infirm, if they had no near relations, were still to remain in the care of their former masters, who were forbidden to turn them away. The question of wages was left to be decided by employers and employees ; but the latter were warned to ex- pect only moderate wages or a fair share of the crops. Dis- trict commanders were directed to appoint superintendents to take charge of matters relating to the freedmen.^ Pro- vision was also made for the registration of marriages be- tween the freedmen. When the provisional government was established no ruling was made on the subject, but freedmen were advised to go through the same formalities as the whites, and clerks were directed to issue licenses to them.^ General Schofield's regulations were fair and, where they had any effect, worked for good. The care and sup- port of the aged negroes, without the assistance of the younger ones, was often a great burden upon the former masters, but one that was borne generally with no thought of complaint. During the spring and early summer of 1865, outside influences were brought to bear upon the freedmen and a petition was circulated among them which asked the Presi- dent, in his work of re-organization, to give them equal rights with the whites.* A series of meetings was held in ^ Off. Rec, no. 100, p. 405. 2 Ibid., p. 503. " E.vecutive Correspondence, Provisional Governor, p. 93. * North Carolina correspondence of the New York Herald, May 15, 186s. 150 RECONSTRUCTION IN NORTH CAROLINA various towns to choose delegates to a general meeting to be held later. Prominent in the proceedings of these meet- ings were negroes from the North who had come down to begin a movement among their race for equal rights and privileges. Several of these newcomers were natives who had escaped to the North and had received some education. The general meeting was held in Raleigh in September. The whole affair was under the control of J. W. Hood, a colored minister from Connecticut, and James H. Harris, a native who had been educated in Ohio. The latter had un- usual ability as a speaker and was exceedingly shrewd. A. H. Galloway, a native, but recently from the North, and Isham Sweat, of Fayetteville, were also prominent. This group was again to become prominent in 1868. The ten- dency of the convention was towards a demand for equal political rights, including the suffrage, but, through the in- fluence of Harris and Galloway, a set of resolutions ad- dressed to the state convention, which was about to as- semble, was adopted. These asked in moderate and well- chosen language that the race might have protection and an opportunity for education. They also asked that dis- crimination before the law might be abolished. No refer- ence was made to the suffrage.^ Before adjournment the convention resolved itself into an Equal Rights League, which at once began to work for the abolition of all distinc- tions on account of race and color and established a news- paper in Raleigh in aid of the cause.^ The question of negro suffrage was already under dis- cussion. In July, Alfred M. Waddell, a prominent citizen of Wilmington, the ante-bellum editor of the Herald and later a lieutenant-colonel in the Confederate service, in a ' Standard, Oct. 2 and 3, 1865. ' Ibid., Jan, 2, 1866. POLITICAL AND SOCIAL CONDITIONS 151 speech to the colored people of Wilmington, denounced tax- ation without representation and advocated a future exten- sion of the suffrage to those of the negroes that were quali- fied for the privilege.^ In September, the Sentinel said it was opposed to negro suffrage but was willing to open its pages to a discussion of the matter. A series of articles favoring it appeared, written by Victor C. Barringer, but unsigned. He took strong ground for granting the suffrage to the negroes, if only as a matter of policy, since the North would soon be united on the subject and it would be well to forestall the Radicals and grant qualified suffrage.^ His views were probably absorbed from his brother. General Rufus Barringer, who, while a prisoner at Fort Delaware, had come to the conclusion from his conversation with the Northern officers that nothing less than negro suffrage would be accepted by the North. ^ The noticeable fact about the discussion of the question was that it caused no excitement or strong feeling. Oppo- sition was expressed, but calmly, and enfranchisement was discussed as a possibility, though an objectionable one. David L. Swain said that if the freehold qualifications for voting for state senators should be restored he would favor restricted colored suffrage for the House of Commons.* In all the arguments the bitterness shown a year later was lacking. But it is true that few believed that there was any possibility of the imposition of negro suffrage upon the South and there was no objection to a discussion where freedom of action was possible. Foremost in opposition to any extension of the suffrage was the Standard. Among ' Sentinel, Aug. 8, 1865. ' Ibid., Sept. I and 11, 1865. '/did., Feb. 7, 1866. * Executive Correspondence, Worth, vol. i, p. 265. 152 RECONSTRUCTION IN NORTH CAROLINA its so-called " Union Landmarks," before mentioned,' was " The right of the States to determine the question of suf- frage for themselves. Unqualified opposition to what is called negro suffrage." ' The discussion was without any- good effect and possibly made a calm discussion later a matter of difficulty. As has been mentioned, the position of the free negroes in North Carolina previous to the war was different from that in most of the other Southern States. The same was true after general emancipation had taken place. By a de- cision rendered by Judge Gaston in 1838 * the inhabitants of the State were declared to form two classes, citizens and aliens. Slaves, from their condition, belonged to the latter class, but free persons of color formed part of the former class. By emancipation, therefore, citizenship was imme- diately conferred upon some 300,000 persons who had hitherto been " aliens through the disability of slavery." Free negroes hitherto had been, like other citizens, entitled to the privilege of the writ of habeas corpus, to trial by jury, to own property, even in slaves,* to prosecute and defend suits in courts of justice, and, as incident to this, to make aiifidavits for a continuance and to prove by their own oaths, even against white persons, accounts for labor to the amount of $60.^ But the free negroes had been accustomed to the exercise of their liberties and were limited in number. When the end of the war brought general emancipation, the fear naturally arose that the f reedmen. newly endowed with citizenship, would be unprepared for its rights without ^ Cf. supra, p. 118. ' Standard, Aug. 5, 1865. ' State V, Manuel, 20 N. C, 20, * In 1861 free negroes were forbidden thereafter to own slaves. ^ Graham to Holderby, Feb. 6, 1866. Published in the Sentinel. POLITICAL AND SOCIAL CONDITIONS 153 special limitations. The question thus arose as to what changes would have to be made to enable this new class of citizens to enter upon their rights, and, at the same time, their duties, without disturbance and injury to the body politic. To decide this question, the convention had author- ized a commission to be appointed by the provisional gov- ernor, and Governor Holden had appointed B. F. Moore, W. S. Mason, and R. S. Donnell, who at once began their work. They presented their report to the General Assembly in January, 1866. It was an able and elaborate discussion of the whole subject with a proposed scheme of legislation, based on the recognized citizenship of the freedmen. They advised the repeal of all laws which affected specially the colored race, and the re-enacting of such as were necessary. The main bill which they recommended, and which was passed with a few minor changes, defined as persons of color negi-oes and their issue to the fourth generation, even when one parent was white in each generation.^ They were de- clared entitled to the same rights and privileges and subject to the same disabilities as free persons of color prior to general emancipation. They were also declared entitled to the same privileges as white persons in suits and proceed- ings at law and in equity. The law of apprenticeship was altered so as to apply to both races alike, with the one excep- tion, that in the case of the negroes, former owners had a preference over all other persons. The marriage of former slaves was made valid, and provision was made for registra- tion. Marriage between white and colored persons was for- bidden, and a penalty provided for issuing licenses in such cases or for performing the ceremony. All contracts, where ' Indians were included in the bill as first presented, but were omitted later. 154 RECONSTRUCTION IN NORTH CAROLINA one or more of the parties was colored, for property of the value of ten dollars or more, were void, unless put in writ- ing, signed by the parties, and witnessed by a white person who could read and write. Persons of color were declared competent witnesses in all cases at law or in equity where the rights or property of persons of color were involved, and also in pleas of the State where the offence was alleged to have been committed against a person of color. In other cases their testimony was admissible by consent. This was not to go into effect until jurisdiction in affairs relating to the freedmen should be left to the state courts.^ All crimi- nal laws were changed so as to apply alike to both races, and the punishment was made the same except in the case of an assault with the intent to commit rape upon a white woman. When the assault was commited by a person of color it was a capital offence; otherwise it was an aggravated assault and punishable under the common law by fine and imprison- ment.'' A special court of wardens for the colored poor was authorized for each county. The scheme, even with its amendments, met with con- siderable opposition in both houses and in the State gener- ally. The press, however, almost unanimously favored it. The Standard was silent on the subject, and the editor was hostile to the proposed legislation. It was charged that he attempted to defeat the plan in the hope that the State might again be put under a provisional government.'' Many persons in the State seemed unconvinced that citizenship had already been conferred upon the negroes and that any deprivation of their rights would be an injustice. When ' This provision was first inserted in the House. ' The report will be found in the Legislative Documents for 1865-6 and in the newspapers of January, 1866. ' Sentinel, March 14, 1866, POLITICAL AND SOCIAL CONDITIONS 155 the November election took place, it is hardly doubtful that a majority in the State was opposed to giving negroes the right to testify. Their testimony had not been admissible against white persons for many years, if ever, but since 1 82 1, slaves had been permitted to testify against free ne- groes.^ When the report of the commission was presented the chief fight was made on the portion relating to testi- mony, and the debate lasted four days. Two grounds for the passage of this part of the bill had been stated by the commission : first, that the helpless and unprotected condi- tion of the colored race demanded it; and second, that the admission of their testimony was necessary to secure to colored people their property rights. Other reasons were advanced in the debate — the well-known desire of the Presi- dent for its passage, the hope that full jurisdiction would be given the state courts in cases relating to the freedmen, and that the Freedmen's Bureau would be withdrawn. The general unreliability of negro testimony was fully recog- nized, but it was thought better to admit all than to deny any, and at times defeat justice. And it was believed that it would be a means of education in telling the truth. In opposition, it was urged that it was a step towards negro suffrage, and in any case would arouse hopes in the negroes that would be of no benefit to them. Finally the bill ob- tained in the House of Commons a majority of one vote. In the Senate it failed to pass its second reading, but on re- consideration it obtained a majority of eight. Many of the members had changed their opinion during the debate, but were pledged to their constituents to vote against negro testimony. This accounts in part for the small majorities obtained.' ' It is said that this law was enacted to humble the free negroes. ' Sentinel, March S, 1866. 156 RECONSTRUCTION IN NORTH CAROLINA The commission recommended and obtained the passage of acts providing punishment for pursuing live stock with the intention of stealing,^ for seditious language, insurrec- tion and rebellion, and for vagrancy. The vagrancy act was a substitute for two statutes already existing which made a distinction between the races. Acts were also passed to prevent wilful trespass on lands and stealing from them, to prevent the enticing of servants from fulfilment of contracts or the harboring of servants who had already broken a contract, and to secure to agricultural laborers their pay in kind. A system of work-houses was provided for, to be used in the punishment of minor offences. All these laws operated equally upon both races, and the whole " code," if it could be so called, was characterized by justice and moderation. The slight discrimination shown, however, was sufficient to cause objection by the officers of the Freedmen's Bureau, and, in consequence of their refusal to surrender jurisdic- tion. Governor Worth recommended to the convention which met in May that it should make alterations satis- factory to the Bureau.^ This was done by making penalties the same for both races in all cases and abolishing all dis- criminations before the law.^ The act was, however, only legislative, and did not bind the further action of any gen- eral assembly. The social and economic condition of the freedmen dur- ing 1865 and 1866 was one that might well excite pity. Their first instinct upon emancipation had naturally been to move about and put their freedom to a test. This test was frequently made by a change of name, residence, em- ' This was made necessary by the increase of theft of live stock, particularly of hogs; ' Journal, p. S. s Ordinances, p. 8. POLITICAL AND SOCIAL CONDITIONS 157 ployment, and wife. Town life, with its excitement, fur- nished an ahnost irresistible attraction, and only the pres- ence of troops was necessary to render it completely so. Freedom, in their minds, meant freedom not only from slav- ery but from work, with a continuation of their former freedom from responsibility. Refusal to work resulted naturally in want of the necessaries of life, and sickness and destitution were general in the towns. In the country matters were somewhat better. There the demoralization of those that remained was not so great and support was more easily obtained either by labor or dishonesty. Crime increased greatly as time went by. The proceedings of the provost marshal's court in Raleigh show somewhat the extent of petty offences. Serious offences of all sorts were turned over to the Freedmen's Bureau, but larceny, disorder, and similar transgressions were usually punished by hang- ing the convicted parties by their thumbs to the lamp posts in the streets. The newspapers, in almost every issue, had accounts of violence and crime committed by freedmen, and, in most cases, these went unpunished. The Bureau agents, either from intention or inability, accomplished little to remedy the condition of affairs. In many instances it was impossible for the farmers to keep the smaller live stock with any degree of security, and even horses and cattle were frequently stolen. The large number of wandering negroes increased the difficulty of bringing the offenders to justice. 2. CONFLICT OF THE CIVIL AND MILITARY POWERS At the beginning of the provisional government there was, naturally, no question of the distinction between the civil and military powers. In a sense, the provisional gov- ernor was more a military than a civil officer. His appoint- ment and authority were based on the war power of the 158 RECONSTRUCTION IN NORTH CAROLINA President, and the object of his appointment was to restore a civil government. This was a work that would necessarily take time, and to the military forces was confided the duty of at least preserving order. At the close of the war North Carolina formed a distinct military department. At first General Schofield was in command, but he was succeeded by General Thomas H. Ruger. The latter divided the de- partment into five districts, each with a general command- ing.^ In June, 1866, the State was included with South Carolina in the Department of the South and placed under General Daniel E. Sickles.^ North Carolina formed a separate command under General J. C. Robinson, who was also an assistant commissioner of the Freedmen's Bureau. This arrangement continued until the establishment of the military government. The first difference which arose was in regard to the county police force. While General Schofield was in com- mand, he had a definite agreement with the provisional gov- ernor, by which the whole matter was left to the various county courts. ** Acting in accordance with this agreement, Governor Holden gave the justices of several counties per- mission to establish such a force. But General Ruger, who in the meantime had succeeded General Schofield, refused to recognize the agreement or to allow the forces thus or- ganized to act.* The next matter of which Governor Holden complained was in regard to the colored troops stationed in the State. ' They were as follows: New Bern, Gen. C J. Paine; Wilmington, Gen. J. W. Ames; Raleigh, General A. Ames; Greensboro, Gen. S. P. Carter ; and West North Carolina, Gen. T. T. Heath, with headquarters at Morganton. Off. Rec, no. ico, p. 675. ' General Orders, no. 32; May 19, 1866. ' Executive Correspondence, Provisional Governor, p. "jy. * Ibid., pp. 70, 77. POLITICAL AND SOCIAL CONDITIONS 159 The first complaint to Governor Holden came from Wil- mington. The town had a negro garrison, and with its large negro population was in a state of great alarm. Alfred M. Waddell wrote the governor early in June that outrages by the troops were of daily occurrence and that the effect of the presence of the colored troops on the negro popula- tion was very dangerous. Arrests were constantly made without any cause, and in one instance the soldiers were in- structed, if the person arrested said or did anything, to run him through. There was little or no redress, as unusual latitude was given the colored troops.^ In July the mayor and commissioners wrote describing the conduct of the negroes and the apprehension felt by the white people of an insurrection. The negroes had demanded that they should have some of the city offices and had made threats when they were refused. The governor replied that the citizens had acted rightly in refusing to appoint the negroes to office, as the right to hold office depended on the right of suf- frage. He also assured them that if the negroes attempted by force to gain control of public affairs or avenge griev- ances suffered at the hands of the whites, they would be visited with swift punishment; but if obedient to the laws, they would be protected. He also wrote General Ruger and appealed to him to take steps in the matter, suggesting that the police guard of New Hanover County should be armed and that the city authorities should have a reserve of arms at their disposal. In September, orders were issued to muster out all the negro troops from the North that were in the State, but a considerable number were left.^ Where- ever they were stationed there was genuine alarm among the inhabitants. A report in Raleigh in 1866 that a com- ' Executive Correspondence, Provisional Governor, p. 35. ' Off. Rec, no. 126, p. 108. l6o RECONSTRUCTION IN NORTH CAROLINA pany was to be ordered there caused intense uneasiness/ In the case of Elizabeth City and Edenton, all alarm was unfounded, as the soldiers behaved very well." But in Beau- fort, a party of them from Fort Macon committed a brutal rape and were also guilty of attempting the same crime a second time. They were arrested in the town and the gar- rison of Fort Macon threatened to turn its guns upon the town if they were not surrendered.^ The condition of affairs there was so bad that General Ruger forbade any soldier to leave the fort except under a white officer.'' Near Wilmington, Thomas Pickett was murdered and his two daughters dangerously wounded by three soldiers from the negro garrison at Fort Fisher in company with a negro from Wilmington.' In Kinston, a citizen was beaten by the soldiers, and, upon Governor Holden's complaint to Gen- eral Ruger, the garrison was removed." Soon afterwards the governor notified General Ruger that a car of muskets and ammunition had been side-tracked at Auburn, and while left unguarded had been opened by the freedmen and its contents distributed. The possessors of the arms then be- came the terror of the community." Complaints of colored troops were also sent in from New Bern, Windsor, and other eastern towns.* General Ruger and General Cox both showed a disposition to do everything in their power to prevent any trouble, the latter issuing special orders on the subject." In September, 1866, the last remaining regi- • Sentinel, Aug. 18, 1865. = Ibid., Sept. 25, 1865. ' Standard, Jan. 5, 1866. * Executive Correspondence, Worth, vol. i, p. 38. ' Sentinel, Jan. 18, 1865. ° Executive Correspondence, Provisional Governor, p. 81. ' Ibid., p. 82. 8 Ibid., pp. 78-0. ' Ibid., p. 8. POLITICAL AND SOCIAL CONDITIONS i6i ment of negro volunteers was mustered out, and that cause of discontent disappeared/ The white troops as a general thing, after the confusion incident to the surrender was over, behaved well. In Ashe- ville, however, they were so disorderly and undisciplined that great efforts were made by the citizens to have them withdrawn.' The chief cause of friction between the civil and the mili- tary authorities was, however, as might be supposed, con- cerning the administration of justice. Governor Holden, as has been seen, appointed a full number of provisional judges, and when the civil government went into operation the office in every district was filled by election. A number of the provisional judges decided that they had no jurisdic- tion in cases of offences committed prior to May 29, 1865, and the rest assented to this opinion,^ but it only applied to the provisional judges and in no way bound those elected by the General Assembly. The question of conflicting jurisdictions first arose in July, 1865. In June, a white man in Chatham County killed a freedman. Governor Holden had not then appointed any judges and therefore turned the prisoner over to General Cox, who at once ordered him to be held by the provost marshal until the civil courts should be open. In July, when Governor Holden requested that the prisoner should be delivered to the civil authorities for trial. General Ames refused on the ground that in view of the facts of the case a military trial was necessary.* The same month the ques- tion again arose over three citizens of Person County who ' House Ex. Docs. no. i, p. 299, 40 Cong., i sess. ' Vance to Worth, Feb. 6, 1866. ' The opinion is in the Standard, Dec. 15, 1865. * Executive Correspondence, Provisional Governor, pp. 8, 20, 23. l62 RECONSTRUCTION IN NORTH CAROLINA were arrested for an assault upon a freedman and carried to Raleigh for trial by a military commission. Governor Holden at once called the attention of General Ruger to the re-organization of the civil government of the county, and recjuested that the prisoners might be remanded there for a civil trial. General Ruger refused on the ground that the military authorities had a clear jurisdiction in all cases relating to the preservation of order, and consequently did not have to wait for the call of the civil power or to obey the writ of habeas corpus. He declared that violence toward the freedmen was not uncommon in the State, but that he knew of no instance where the provisional magis- trates had taken official notice of such cases. He further said that he was informed by the agents of the Bureau that hostilit}' to the freedmen was succeeding apathy, and that consequently no dependence could be put on grand juries, so the only remedy for offences against the blacks was prompt trial by a military commission. He also objected to the procedure of the civil courts as clumsy and productive of delay.^ Governor Holden maintained that the proclama- tion of the President gave the civil power exclusive juris- diction and showed the utter impossibility of concurrent jurisdiction. He defended the State against the charge of hostility to the freedmen, suggesting that the Bureau commissioners had probably heard only one side of the question.- But General Ruger was not to be convinced and closed the discussion, declaring that martial law existed at the surrender, and in his opinion existed still, except where modified by the President. He expressed his confidence in the honesty of the courts, but declared that they were with- out power to prevent violence.' ' Executive Correspondence, Provisional Governor, pp. 27-32. ^ Ibid., pp. 31-6. 3 jjjjj^ p ^y_ POLITICAL AND SOCIAL CONDITIONS 163 Governor Holden referred the whole matter to the Presi- dent, who did not interfere in behalf of the State. The governor in the meantime made every effort to conform to the wishes of General Ruger. Courts of Oyer and Ter- miner were ordered to be held in various parts of the State, and this removed ground for the charge that justice was de- layed. Finally Governor Holden reached a definite agree- ment with General Ruger as to military and civil jurisdic- tion. All cases of misdemeanor or violation of law in which white persons alone were concerned were placed within the jurisdiction of the courts of Oyer and Terminer consti- tuted by the governor, while all cases in which freedmen were concerned were declared to be under military jurisdic- tion.^ Later the judges of the courts of Oyer and Terminer were given power to bind over to court or to bind to keep the peace, and even to lodge in jail accused persons, regard- less of color. The trial of such cases as concerned freed- men was, however, still by military commissions.^ General Meade approved the arrangement, assuring Governor Hol- den that whenever the laws of the State and the practice of the courts left no doubt that the freedmen would receive justice, the use of military commissions would cease. ^ The conflict of the two jurisdictions was carried to its ultimate issue in the trial of Major John H. Gee, of Florida, by a military commission for violation of the laws of war in his treatment of federal prisoners at Salisbury. A short review of the case will be interesting, as it was the most important one tried by a military commission in North Carolina. The commission assembled in Raleigh on Febru- ary 21, 1866. Major Gee, through counsel, claimed that ' Sentinel, Sept. 19, 1865. ^ Record of the Provisional Governor, pp. 143-4- ' Executive Correspondence, Provisional Governor, p. 74. 1 64 RECONSTRUCTION IN NORTH CAROLINA under the terms of the Sherman- Johnston agreement he, as a paroled prisoner, was not liable to trial. The commis- sion, however, claimed jurisdiction, and the trial followed. Major Gee then pleaded his acceptance of the terms of am- nesty as laid down in the President's proclamation, but the commission decided that he was debarred under the sixth exception.^ The trial lasted over eighty days, though only fifty-five of these were actually consumed in the proceed- ings of the court. More than a hundred witnesses were ex- amined. At the close of the examination of the witnesses for the prosecution, the defence entered a plea that the juris- diction of the commission had been removed by the Presi- dent's proclamation declaring that the insurrection had ceased,^ and moved that the case should be referred to the civil authorities. The commission, after hearing the matter argued by counsel, refused to assent to the motion and ordered a continuance of the trial. Colonel Holland, coun- sel for Major Gee, then sued out a writ of habeas corpus directed to General Ruger and returnable to Judge Fowle. General Ruger refused to produce Major Gee on the ground that he held him under the President's order. Colonel Hol- land then moved that an attachment be issued against Gen- eral Ruger. Judge Fowle announced as his opinion that, under the President's proclamation, the prisoner was en- titled to civil trial. But he postponed his decision for two weeks. The day before the time specified for rendering the decision. President Johnson notified the governor that his proclamation was not intended to operate in the case of a military commission already instituted, and that General Ruger had been instructed to allow the trial to proceed, but to report all proceedings to the war department for revision. ' This excepted those who had violated the laws of war. * Proclamation of April 2, 1866. POLITICAL AND SOCIAL CONDITIONS 165 The next day,^ Ji^idge Fowle rendered a formal decision declaring that, by virtue of the official declaration of the President the insurrection was at an end, Major Gee was entitled to the privileges of the writ of habeas corpus, and consequently that General Ruger's return was insuffi- cient. He then issued an attachment against the general, with instructions to the sheriff not to serve it if the writ should be obeyed. General Ruger of course declined to obey the writ or to submit to arrest. The matter was then referred to the governor, and thus came to an end.^ The result of the trial was the acquittal of Major Gee. The most important of the military trials in which the ac- cused were citizens of North Carolina occurred in 1867, when William J. Tolar, Duncan G. McRae, Thomas Powers, Samuel Phillips, and David Watkins, all of Cumberland, were accused of the murder of a negro named Archie Beebe when he was about to be tried for an attempt at rape. The purpose of the deed was to prevent the appearance of the woman concerned in court and the negro was shot while in the custody of the sheriff of the county. A dense crowd was present and it was impossible to discover who had fired the fatal shot. McRae and Phillips were soon discharged for lack of any evidence against them but the other three were convicted after a trial that lasted with some intermis- sions for more than three months. The evidence was very conflicting but the general impression at the time was that one of the three had fired the shot. Major General Robert Avery was judge advocate and Colonel J. V. Bomford, president of the commission. The defendants had a very strong array of counsel and the case was contested at every ' April 28, 1866. " The account of this case has been gathered from the files of the Sentinel and Standard for 1866. l66 RECONSTRUCTION IN NORTH CAROLINA Step. Public sympathy was much on the side of the ac- cused, as was usually the case when the trial was before a military commission, and, as soon as conviction resulted, ap- peals were made to the President for pardon. A year later all three were pardoned. Another case that attracted much attention was that of Mrs. Isham Ball of Warren County, in February, 1866, for the murder of a freedman. The testimony showed be- yond doubt that he had entered upon her premises after being forbidden to do so, and was advancing upon her in a most threatening way when she fired the shot which killed him. The commission, however, found her guilty of man- slaughter, and sentenced her to three years' imprisonment. General Ruger reduced it to one, and a later appeal to the President resulted in her pardon. No attempt was made to procure a civil trial for her. These were the chief instances of disputed jurisdiction and of trial by military commission. But they are merely examples chosen from the great number in the period ex- tending from July, 1865, until the establishment of military government in name as well as in fact in 1867. In the fall of 1865, Captain W. H. Doherty, an assistant quartermaster at New Bern, petitioned General Ruger to order a military commission to investigate the hanging of twenty North Carolina Union volunteers in March, 1864, by General George E. Pickett and General R. F. Hoke, " merely because of their devotion to the Union cause." A board of inquiry was accordingly constituted and recom- mended that the officers composing the court-martial that ordered the executions referred to, General Pickett, Gen- eral Hoke, Colonel Baker, and others unnamed, should be tried and punished for violation of the laws of war. The testimony taken by the board showed that those executed had all been deserters, but the board claimed that it was POLITICAL AND SOCIAL CONDITIONS 167 only from the state service, and that consequently the court- martial had no authority. The judge advocate general, J. Holt, to Vk'hom the case was referred, decided that no per- sonal charge could be sustained, as those executed had been deserters. Another court of inquiry was constituted in January, 1866, but was able to obtain no incriminating evidence. In the meantime General Holt had changed his opinion in regard to the possiblity of punishment, and recommended General Pickett's arrest and trial. ^ General Pickett and General Hoke, however, had already appealed to General Grant, and this, in connection with the impossi- bility of securing a conviction, led to the dropping of the whole matter. Injudicious expressions of opinion by newspaper editors resulted on several occasions in the application of military law. The publisher of the Goldsboro News was arrested, and the publication of his paper suspended on account of a criticism of some women who had come from the North to teach in colored schools.^ He was released without pun- ishment. Benjamin Robinson, one of the editors of the Fayetteville Observe^-, was arrested in December, 1865, for so-called seditious language, and was brought to Raleigh. Later he was released on parole.^ But the most noted of such cases was that of Robert P. Waring, editor of the Charlotte Times. He was arrested in December, 1865, and after several weeks' confinement was tried on the charge of " publishing and circulating disloyal and seditious writ- ings within a district under martial law," the writing re- ferred to being calculated and intended, it was alleged, to produce hostility to the government of the United States. ' House Ex. Docs., no, 98, 39 Cong., i Sess. ^ Standard, Jan. 11, 1866. ' Ihid., Dec. 18, 1865. l68 RECONSTRUCTION IN NORTH CAROLINA It was an editorial declaring the South to be under a des- potism/ To the charge above-mentioned, so far as con- cerned the act, he pleaded guilty. The intention alleged he denied. He was ably defended, but the result was a foregone conclusion and he was found guilty and fined $30-o.^ The only other important case of interference by the mili- tary authorities in criminal proceedings was in December, 1866, when corporal punishment was forbidden except in the case of apprenticed minors. The same order forbade the enforcement of the vagrancy laws when any distinction was made on account of race." As regards corporal punish- ment, the State had no prison, and for many years punish- ment by whipping had been administered to the criminals of both races. The prejudice against it originated with the negroes and the Freedmen's Bureau agents, who alike re- ' The editorial was as follows : " We are still without Washington news, and look forward to the report of the committee on credentials with some interest, though without hope of receiving justice. The South is now under a more grinding despotism than has heretofore found a place upon the face of the earth. Raised under a form of government, as expounded by the early fathers of the republic, when to say ' I am an American citizen ' was to be equal to a king, we feel our serfdom more painfully by reflecting upon what we have lost. We have fallen from our high estate, and now there is ' none so poor as to do us reverence.' Other nations, suffering under the iron heel of lawless tyranny, can console themselves with the reflection that their condition is no worse than that of their predecessors. Not so with the proud Southron. He once roamed his field a free man, and sat under his own vine and fig tree, and none dared make him afraid. He was the equal if not the superior of the mercenary race which now domi- nates over him." ^ This was not his first experience of the military power of the United States, for, in 1861, when he returned to New York, after re- signing the consulship at St. Thomas, he was arrested and confined for some time for raising his hat to a Confederate flag. Dowd, Prominent North Carolinians, p. 72- ' General Orders, no. 15. POLITICAL AND SOCIAL CONDITIONS 169 garded it, when applied to the former, as a remnant of slav- ery. For months before the order forbidding it was issued, there had been constant interference by the Bureau in the execution of the sentences of the courts. The cruelty of the punishment could hardly have been the cause of its abolition, for, as has been noticed, hanging by the thumbs was the usual punishment administered by the provost mar- shal's courts in Raleigh.^ Governor Worth appealed to the President, and in company with Thomas Ruffin, David L. Swain, and Nathaniel Boyden went to Washington to see him, but no change in the order was made. In any case, it would have been too late, as the military government was established by Congress soon afterwards. In numerous other ways military authority was exercised. Interference in civil suits, while not so frequent as in crimi- nal cases, was not unknown. An instance of this occurred in Raleigh in February, 1866. Two men from the North rented a hotel property in the town. The owner, after some time, unable to collect the rent, sued for the amount. Finding that the lessees were about to leave town, he had them arrested, but General Ruger, who had refused to inter- fere in the suit on account of lack of jurisdiction, now forced the sheriff to release them because there was no judge to summon the plaintiff to show the cause of their arrest. The defendants, soon after their release, left the State without settling their indebtedness. General Ruger claimed that he had not intended to prevent recovery by the plaintiff, but only to delay arrest until a judge should be present in the town.^ Several times interference occurred in the collection of • Proceedings of the Provost Marshal's court, published in the Stand- ard during 1865. ' Executive Correspondence, Worth, vol. i, pp. 44-6. 170 RECONSTRUCTION IN NORTH CAROLINA taxes. The convention of 1865 levied a tax on all mercan- tile business for that year. In Wilmington, in January, 1866, General Cook, who was then in command, issued an order restraining the sheriff of New Hanover from collect- ing the tax from firms trading under a federal license. This ruling, however, was revoked by General Ruger.^ In 1866, General J. C. Robinson interfered in the coUection of a poll, tax in Cumberland and Columbus counties, ordering the sheriffs to refund all collected above one dollar, as the State had only levied that amount. He was probably ignorant of the fact that the law had a provision for increasing the amount according to the necessities of each county.^ Such was the part plaj^ed by the army in North Carolina in civil affairs during the period of Presidential Reconstruc- tion. Enough has been shown of the workings of the state government to make it clear that while, by degrees, much was left to the state authorities, the government was prac- tically military in that the state government performed its functions only through the acquiescence of the military commanders. These commanders, in general, showed them- selves to be considerate and animated by a desire for peace and harmony. But they were naturally inclined to disre- gard points of law which were of importance to a civilian, and when their minds were made up to any course it was practically useless to advance any arguments in opposition. While their interference in civil affairs was deeply resented and sharply, if uselessly, opposed in the State, the officers generally were personally popular in the various communi- ties in which they were stationed. 1 Executive Correspondence, Worth, vol. i, pp. 36-7. ^ Ihid., pp. 208-9. POLITICAL AND SOCIAL CONDITIONS lyi 3. STATE POLITICS IN 1866 At the close of the provisional government, Holden, em- bittered by his defeat and disappointed in his plan to con- tinue in office, resumed the editorship of the Standard. He still had the ear of the President and felt that through this fact he might succeed in the end. But abuse of the Radical policy at Washington became less and less frequent in Hol- den's paper, and at the same time less violent; and by the summer of 1866, it had ceased entirely. His quiet opposi- tion to the admission of negro testimony showed what was in his mind. No thinking person, aware of the condition of public sentiment at the North, doubted that a refusal to make this concession, demanded alike by justice and policy, would solidify the Radicals in Congress against any recog- nition of the existing state government, and it is also very clear that Holden did not desire the recognition by Congress of those who had defeated him. He was accused of this by the Sentinel in March and thereafter.^ Early in the year, the Standard said that if the laudation of Vance in the state press should continue and should be accompanied by disparagement of Holden, an appeal would be made to the President to cause Vance to be again confined in prison, and with Jefferson Davis to be tried for treason.^ In March, Holden said editorially that, while he had in the past favored universal amnesty, he was com- pelled by the course of the secessionists to demand that the law should be allowed to take its course.* Four days there- after war was formally declared upon his opponents in the following words : " We know that the true Unionists are depressed at the prospects before them, and feel that they have a right to look to Washington for sympathy and for • Sentinel. March 20, 1866. ' Standard. Jan. 17, 1866. ' Ibid., March 2, 1866. 172 RECONSTRUCTION IN NORTH CAROLINA such practicable aid as will enable them to put the enemies of the Union where they ought to be — under their feet. And we now give notice that we have commenced this war- fare on traitors, not without having counted the cost, and we intend to continue it until they are driven from every office of importance in the State. Nothing shall divert us from our purpose." ^ The challenge was accepted, and the Sentinel became as violent as the Standard. The course of the Sentinel was regarded with distaste and apprehension by Governor Worth and his friends, who believed that but for Pell's violence Holden would be politically dead,^ but their appeals to the former were without effect. When the convention assembled in adjourned session in May, opposition had developed to its taking any action in regard to the state constitution. This opposition had a two- fold basis. A large number of lawyers opposed any action on the ground that the convention had been called for spec- ial purposes which it had accomplished at its first session, and that it should therefore adjourn sine die. Still others desired its dissolution because a large number of its mem- bers were adherents of Holden. They based their argu- ments upon the same reasons as the former class, but a dif- ference is readily seen. As soon as the convention met, resolutions for adjournment were introduced, declaring that it had no authority from the people, and consequently that any alteration of the fundamental law of the State, further than was required by existing conditions, would be revolu- tionary and dangerous. Without debate the resolutions were defeated by a vote of 6i to 30. Samuel F. Phillips at once attempted to secure the passage of a resolution direct- ing a committee to prepare an ordinance calling for a con- 1 Standard, March 6, 1866. 2 Hamilton, ed., The Correspondence of lonathan Worth, pp. 779-83. POLITICAL AND SOCIAL CONDITIONS 173 vention of the people to meet in 1871 to amend the consti- tution, and providing for the adjournment of the existing body. He argued that, as the chief matter of discussion was the question of a new basis of representation, it would be better to wait until the census of 1870 was taken. His reso- lution, however, was tabled and never acted upon. Up to this time representation in the State had been based upon federal population. This worked an injustice upon the west and had been the cause of a long contest prior to the war. All efforts to secure a change had failed hitherto, but a new movement now began and was favored by the " straitest sect " element, as it would greatly increase the power of the west where their chief strength lay, and might give the control of the legislature into their hands. An attempt was made to pass a resolution providing for sending a commission to Washington to confer with the President and members of Congress in regard to what would be necessary to secure the restoration of the State to her position in the Union. But the resolution contained an indirect endorsement of the congressional policy, and, although the wording was changed, it failed. The convention remained in session until late in June. Most of the time was spent in reconstructing the constitu- tion. The draft as proposed to the convention embodied most of the old document, with certain additions and amend- ments. Its arrangement was the work of B. F. Moore, who was the most experienced and learned lawyer in the body. Throughout the debates he was its strongest defender, and to him was largely due its adoption by the convention. It was provided that the new instrument should be submitted to the people for ratification.^ The date of the state election was changed to October to allow the new constitution, if ratified, ^ Journal, June 25, 1866. 174 RECONSTRUCTION IN NORTH CAROLINA to go into effect. This was a shrewd political move by the " straitest sect," who thought that by this they would gain control of the legislature on account of the change of the basis of representation. The influence of this element was much more apparent in the convention than in the General Assembly, but it was not great enough to overcome the con- servative forces. The whole session was marked by a series of compromises; so, if the advantage remained with any particular faction, it cannot be distinguished. The consti- tution, as a whole, was not a matter on which the two fac- tions divided. On its final adoption the vote was 63 to 30. As submitted to the people, the constitution was a more compact instrument than the original, for all the various amendments made from time to time were incorporated in their proper places. The only important change in the Bill of Rights was the addition of clauses prohibiting slavery, prohibiting the quartering of troops upon citizens except under certain laws, and providing that the courts should al- ways be open to ever)^ person. The basis of representation for the House of Commons was changed to white popula- tion. The office of lieutenant governor was established. No one could hold the office of governor or of lieutenant governor unless he had been a citizen of the United States for twenty years, a resident of the State for five years im- mediately preceding the election, be thirty years of age, and possessed of land in fee to the value of $2,000. Senators were required to be thirty years of age and to possess three hundred acres of land in fee or a freehold of not less value than $1,000.^ Members of the House of Commons were re- Cjuired to have a freehold of one hundred acres, or to the value of $30'0. Five years' residence previous to election was required for members of both houses. None but white 1 Formerly it was required that a senator should own three hundred acres. POLITICAL AND SOCIAL CONDITIONS 175 persons were eligible as voters or office-holders/ All per- sons on taking office were required to take, besides their offi- cial oath, one to support the state constitution, in so far as it was not inconsistent with that of the United States. It pro- vided that no amendment should be made to the constitu- tion except by a convention." iVlagistrates were thereafter to be chosen by the people for a term of six years. In addition to being more compact, the constitution was clearer and fuller than the existing one. In fact, only one great fault could be found with it, and that defect defeated it. As soon as it was submitted to the people an exceed- ingly able discussion on the question of ratification began. All the opposition of importance was based on the question of the validity of the action of the convention. Judge Ruffin and Judge Manly were probably the most distin- guished of its opponents. The former was opposed to the Mfhite basis of representation, but his chief argument was against the authority of the convention. He said that it had no more authority in law than any voluntary assem- blage of persons, and advised the rejection of the con- stitution on this ground.'' This involved a doubt of the validity of the convention's actions at its first session, and also raised a question as to the status of the governments of the various Southern States. Thaddeus Stevens later quoted him as an authority on his own position regarding them.* 'The term "white" meant one having less than one-sixteenth of negro blood. 2 Before this the constitution could be amended by the concurrent votes of successive legislatures, ratified by the people. s Sentinel, July 28, 1866. This letter written to Edward Conigland was not published over Ruffin's name, but was recognized. ^Stevens said: "I quote Judge Rufifin, one of the ablest and fairest of secessionists. The Chief Justice is right. Not a rebel State has this day a lawful government." Speech at Bedford, Pa., Sept. 4, 1866. Standard, Sept. 19, 1866. 176 RECONSTRUCTION IN NORTH CAROLINA Judge Manly objected to the constitution itself, and also claimed that, while the convention had a valid existence and authority for the purposes mentioned by the President in his proclamation, it had none for any further action/ William A. Graham was also opposed to its ratification. As might be imagined, B. F. Moore was the strongest de- fender of the constitution, or rather of the authority of the convention. Unfortunately, his main argument, a discus- sion of the war power of the President, and an exceedingly able one, did not appear until after the constitution had been rejected. It was written in reply to the argument of Judge Rufnn, and while not showing, possibly, as great a respect for and knowledge of constitutional law as that of the former chief justice, it indicated a clearer perception of the changed conditions brought about by the war.^ Gover- nor Worth also favored ratification.^ Holden was a cham- pion of the constitution and said that its rejection would be the worst blow that the President's policy had received. The Sentinel also favored ratification, but without enthu- siasm. The vote on the question was taken on August 2, and re- sulted in the rejection of the constitution by a majority of 1,982 out of a total vote of 41,122. During the period in which occurred the events just re- lated, there were other matters of interest to the State. In April, Holden came out in favor of allowing Congress to act without opposition.* A little later he declared that while he had favored the President's plan of restoration it had been rendered useless by the traitors who had obtained ' Standard, Aug, i, 1866. ^Ihid., Sept. 12, 1866. 3 Winston to Worth, Sept. 5, 1866. Hamilton, ed.. The Correspond- ence of lonathan Worth, n, p. 763. • Standard, April 2$, 1866. POLITICAL AND SOCIAL CONDITIONS lyy office, and, as it was necessary for the State to get back into the Union and for the control of affairs to be restored to loyal men, he would advocate the adoption of the proposed Fourteenth or Howard Amendment to the Constitution of the United States/ About this time, to the delight of his opponents, Holden was nominated by the President as min- ister to San Salvador. It is not improbable that the nomi- nation was made to quiet him and to get him out of the way. He went to Washington to press the matter, but was unable to convince the Senate of his suitability and the nomination was rejected. It was thought at the time that he desired confirmation only that he might decline the posi- tion, but still be aided politically.' In May, Governor Worth was nominated for re-election by a meeting in Randolph County, and a month later he an- nounced himself as a candidate. He was much stronger in the State than he had been at the preceding election, and in consequence there Avas no attempt to run Holden. But if not a candidate, Holden was at least in entire control of the opposition to Governor Worth. He settled upon Gen- eral M. W. Ransom, of Northampton, as the most suitable person to oppose Governor Worth, and used every effort to induce him to consent to become a candidate; but the gen- eral declined on the ground that he was opposed to any con- test.'' James M. Leach and General W. R. Cox were then mentioned by the opposition, but the leaders, meeting with no encouragement, either from them or from the people, dropped their names. It then became the idea of most of the opposition to try to elect the lieutenant-governor and not to attempt to elect the governor. This plan met with 1 Standard, June 6 and 13, 1866. ^ Hedrick to Worth, June 20, 1866. 3 Standard, Aug. i, 1866. Also Hamilton, ed., The Correspondence of Jonathan Worth, ii, p. 764. 178 RECONSTRUCTION IN NORTH CAROLINA favor among men like John Pool and Lewis Thompson, who were pledged to support Worth but were in sympathy with the Radicals.' The plan probably failed to meet with the approval of Holden. For the nomination for lieutenant- governor, Thomas Settle was informally chosen by the op- position; while to oppose him Pell, in spite of the opposition of the Worth leaders, insisted upon pressing the claims of Dennis D. Ferebee. The rejection of the constitution neces- sitated a change in these plans. The white basis of repre- sentation was at once declared by Holden to be the issue of the campaign, and George W. Logan, of Rutherford, who had been a member of the Confederate Congress, was settled upon as a candidate for governor. P. T. Henry was a second choice.^ But both were soon dropped, prob- ably at their own request. The position of a candidate against Governor Worth at this juncture was not one to be sought by anyone with political ambitions. During the summer, the friends of the national admin- istration called a convention of the supporters of the Presi- dent and his policy to meet in Philadelphia on August 14. By this means it was hoped that a consolidation of the Ad- ministration Republicans and the Democrats might be brought about. The call met with a hearty response in North Carolina, but very little hope was entertained there that good results would follow from it. However, a full delegation attended, composed almost entirely of the adher- ents of Governor Worth.** The movement was strongly ' P. H. Winston to Worth, Sept. 5, 1866. ' Ibid. ' R. C. Puryear, George Davis, formerly Attorney-General of the Confederate States, William A. Graham, and Judge George Howard were delegates from the State at large. From the congressional dis- tricts the delegations were as follows: ist, W. N. PI. Smith, H. A. Gilliam; 2nd, M. E. Manly, William A. Wright; 3d, Thomas S. Ashe, Arch. McLean; 4th, A. H. Arrington, Vacancy; 5th, Jno. A. Gilmer, Thos. Ruffin, Jr. ; 6th, Joseph H. Wilson, Nathaniel Boyden ; 7th, M. Patton and S. F. Patterson. POLITICAL AND SOCIAL CONDITIONS 179 Opposed by Holden who said that the delegates who had been chosen would not be admitted. The convention met and issued a dignified and able address to the country. The opponents of the President's policy ridiculed the proceed- ings with considerable effect, and it is doubtful if much good was accomplished. Of the North Carolina delega- tion, John A. Gilmer was one of the vice-presidents of the convention and William A. Graham was on the committee on resolutions. Two weeks later, another convention met in the same city. This was called by Southern Unionists who wished an opportunity to explain their sentiments and position to the country. Among the signers of the call were Daniel R. Goodloe and Byron Laflin, from North Carolina. The former was about to return to the State after an absence of many years. The latter, a Northern man, had come with the Union army and had settled in Pitt County. He was a native of Massachusetts and was the first of this class of new residents to enter politics in North Carolina. The delegation from North Carolina to the convention, besides these, was composed of five Northern men and two natives of the State.^ The personnel of the delegation is enough to show that it was in no sense representative of the State ' The delegates were A. W. Tourgee, a native of Ohio, who had come to Guilford County after service in the Union army ; Rev. Hope Bain, a Northern minister, who had settled in Goldsboro before the war; G. O, Glavis, a former Union chaplain and Bureau agent, lately convicted of dishonesty by a military commission; Rev. James Sin- clair, a native of Scotland, educated in Pennsylvania, who had lived in the State before 1861, had been a Confederate lieutenant-colonel, and after being accused of treason, had become a Union chaplain and later a Bureau agent; H. K. Furniss, a Northern man, of whom little is known ; J. W. Wynne, a native, and A. H. Jones, a native, who had been elected to Congress immediately after the war, but had not been admitted. l8o RECONSTRUCTION IN NORTH CAROLINA as a whole. At the same time that this convention met, delegates from most of the Northern States met in Phila- delphia to receive the Southern delegates, organizing them- selves into a convention for the purpose. The " Loyalists " remained in session for five days and adopted an address denouncing the President and his policy and demanding the adoption of the proposed Fourteenth Amendment as an ab- solute necessity in the South. Of the North Carolina dele- gates, the most prominent were A. W. Tourgee and Daniel R. Goodloe. The former took a very prominent part in all the proceedings of the convention but particularly in the debate which took place on negro suffrage. Tourgee ad- vocated it strongly with the usual argument that it was necessary to protect not only the freedmen, but also all Union men.^ Goodloe was opposed to the convention's taking any definite ground on the subject. While this convention was holding its meetings, Holden denied that there was any difference between the plans of the President and of Congress.' The same day the Standard, acting upon the suggestion of a mass meeting in New Bern as expressed in its resolution, contained a call for a " loyal Union " convention to meet in Raleigh two weeks later. The New Bern meeting was presided over by Charles R. Thomas, but the resolutions were the work of the North- ern settlers in the town. Resolutions of a similar nature, except that they demanded negro suffrage, had been passed ' Tourgee said at the same time that he had been lately informed " by a Quaker " that the bodies of fifteen negroes had been dragged out of one pond in Guilford County. He also said that 1,200 Union soldiers, who had settled in the State, had been forced to sacrifice their property and leave the State to save their lives. Executwe Corres- pondence, Worth, vol. ii, p. 2. ' Standard, Sept. 5, 1866. POLITICAL AND SOCIAL CONDITIONS 181 in August by a meeting in Guilford which was controlled by A. W. Tourgee and G. W. Welker.^ The convention thus called met on September 20. It passed resolutions favoring the proposed Fourteenth Amendment to the Constitution of the United States, cen- suring Governor Worth's administration, and declaring that only the unmistakably loyal ought to hold office in North Carolina, and then nominated Alfred Dockery for governor. Holden addressed the body and outlined the reasons why the conditions of Congress should be accepted. He still, however, declared against negro suffrage.^ A regular or- ganization was begun, and here, for the first time since the war, there was a definite division into parties. The party formed now was the germ of the Republican party in North Carolina. Dockery declined to be a candidate, but expressed him- self as favorable to the Howard Amendment, in preference to risking the action of the next Congress. He also favored placing certain disabilities in the State and the retirement of those who could not take the " iron-clad " oath.^ Hol- den, fearing the consequence to his organization if there should be no opposition, advised the people to vote for Dockery, regardless of his refusal to run. The campaign, if it can be so called, was devoid of in- terest. Governor Worth was re-elected, receiving a ma- jority of 23,496 out of a total vote of 44,994. Dockery car- ried nine counties — among them Randolph, the home of Governor Worth. Richmond County, Dockery's home, was carried by Governor Worth. ' G. W. Welker was a minister and a native of Pennsylvania who had lived in North Carolina many years. ' Standard, Sept. 26, 1866. » Ibid., Oct. 3, i865. 182 RECONSTRUCTION IN NORTH CAROLINA Every effort was now made by the Radicals to paint as dark a picture as possible of the condition of affairs in the State. Petitions in great numbers, from various parts of the State, were sent to the President asking that protection from " rebel persecution " might be given the signers. In the case of one petition, from Camden County, a copy was sent to Governor Worth. The petitioners claimed that persecution was carried on by means of indictments for acts performed during the war in aid of the Union cause. An investigation was at once made by Judge Brooks, of the United States District Court, who discovered that only two of the fifty-six named had been indicted, and that the of- fence in those cases was retailing liquor without a license.' Several attempts had been made to indict others for acts committed during the war, but no court would recognize the matter. In the west, where there was more ill feeling on account of the greater division in sentiment and the fact that the war had there been, in reality, civil war, it is not unlikely that cases of persecution occurred, but they were private. Careful investigations were made repeatedly by Judge iVIerrimon and other judges of the state courts into the truth of the charges without their being substantiated. The fact of the matter is that every criminal, against whom the state courts had an indictment, became at once, in his own eyes at least, a Union patriot, suffering for his devo- tion to his country, and this view was taken, apparently, by the opposition party in the State. The General Assembly, like its predecessor, was com- posed largely of old Whigs. Judge Manly was elected speaker of the Senate, and R. Y. IVlcAden speaker of the House of Commons. Governor Worth, in his message, earnestly urged the rejection of the Fourteenth Amend- ' Executive Correspondence, Worth, vol. i, pp. 108-9. POLITICAL AND SOCIAL CONDITIONS 183 ment as dangerous and degrading. He reviewed tlie condi- tion of the State and suggested much necessary legislation. Judge Manly was elected to the United States Senate to succeed John Pool who, although he had voted for Worth in the last election, was suspected of favoring the radical policy, and had become exceedingly unpopular since his plea, at the time he sought admission to the United States Senate, that- during the war he had sought and obtained election as a state senator only that he might embarrass the Confederate government. Soon after his defeat, Holden went on to Washington to join him there, declaring, before his departure, his opposition to the proposed amendment as not sufficiently stringent against traitors.^ Soon after the legislature assembled, a joint committee of both houses was constituted to report on the proposed amendment. Its report, signed by twelve members, with only one member dissenting, was made within a few days. The committee stated that a number of radical changes in the fundamental law were proposed with no opportunity of accepting one or more without ratifying all, and in strong terms expressed their disapproval of such a plan of amend- ment, which, they declared, was without precedent in the history of the country. They opposed the amendment, also, as submitted in an unconstitutional manner, no representa- tives from eleven Southern States having taken part in its passage, after the same States had been recognized as parts of the Union; by Congress in the resolutions of July, 1861, declaring the object of the war and in acts apportioning tax- ation, assigning to the said States, their respective number of representatives, readjusting the federal judicial circuits, and accepting as valid the assent of Virginia to the division of the State; by the Judiciary in the hearing and decision ' Standard. Dec. S, 1866, 1 84 RECONSTRUCTION IN NORTH CAROLINA of cases carried up from their courts ; and by the Executive in approval of the acts of Congress before mentioned. The submission of the amendment was also advanced as an act of recognition. The committee took the ground that if the votes of the Southern States were necessary to a valid ratification of the amendment, they were equally necessary on the question of submitting it to the States. Another ground of disapproval was the fact that the resolution con- taining the proposition to amend the Constitution had never been submitted to the President for his approval. The committee disclaimed any spirit of captiousness or the ad- vocacy of merely sectional interests, recognizing, however, that the proposed amendment was designed to operate mainly upon the Southern States and was proposed only for that reason, but declared that the cause of free constitu- tional government was at stake, and that too great precau- tions could not be employed. The various sections of the amendment were then taken up separately. The main criticism of the first section was regarding the lack of any definition of the " privileges and immuni- ties " of citizens of the United States. The committee de- clared that the language of the section left the matter in too great doubt, for it might mean the privileges enjoyed in the past, or any others that the federal government might thereafter declare to belong to citizens. In such a case, the right of a State to regulate its internal affairs would be de- stroyed. In the second section, the committee claimed that the old right of the individual States to regulate the suffrage was impaired and the whole matter left in doubt, with an im- plication in favor of the power of the federal government in the matter. The committee claimed that this clause, in conjunction with the final one giving Congress power to en- force the article by appropriate legislation, was a dangerous POLITICAL AND SOCIAL CONDITIONS 185 innovation, in that it would authorize the federal govern- ment to " come in as an intermeddler between a State and the citizens of a State in almost all conceivable cases, to supervise and interfere with the ordinary administration of justice in the state courts, and to provide tribunals — as had to some extent been already done in the Civil Rights. Bill — to which an unsuccessful litigant or a criminal con- victed in the courts of the State can make complaints that justice and the equal protection of the laws have been de- nied him, and however groundless may be his complaint, can obtain a rehearing of his case." This, it was urged, was calculated to bring the state courts into contempt and ultimately to transfer the administration of civil and crimi- nal justice to the federal courts. The same section was also opposed on account of the imposition of a penalty for any restriction of the suffrage, and the attempt thereby to bring about universal suffrage. The change in the basis of representation from population to voters was objected to for its own sake, as inconsistent with the theory of the political system which had always prevailed in the United States. The third section was opposed on account of the fact that it was directed against the South, and because thereby the majority of the mature men of the State, the committee thought, would be disqualified from holding office, and the whole state government would be overthrown. The com- mittee stated further, as their opinion, that the people of North Carolina would prefer to commit their interests to^ Congress as then composed, than to intrust them to a class of men, no more loyal in most instances than those dis- qualified, whose only hope of political advancement lay in the banning of better men. The power of Congress to re- move disabilities was declared to be an interference with the pardoning power of the President, and was also op- l86 RECONSTRUCTION IN NORTH CAROLINA posed as placing too great a political power in the hands of Congress by which it might control elections in the States, and even the state governments. The fourth section was declared useless on account of the intention of the people to pay the federal debt and their de- termination that the Confederate debt should not be paid. So in regard to compensation for the slaves, the committee thought it injustice, but declared that the people of the South had never expected to be paid for them. The final section was opposed as opening too wide a door to congressional interference, with the consequent centrali- zation of power in the federal government. The committee also asked what guarantees North Caro- lina had, in the event that its people should yield up their honest convictions of duty in the hope of restoration and ratify the amendment, that such restoration would take place. They expressed the opinion that ratification would not have any effect of the kind. As .to the probability that more unwelcome and humiliating terms would be demanded, the committee, while asserting their belief that such would not be the case, declared, nevertheless, that if it were to be so, the State ought not to humiliate itself in the beginning by yielding to intimidation, and ratifying a measure of which it disapproved. Consequently, with but one dissent- ing voice, the committee recommended the rejection of the amendment.^ The report of the committee embodied the objections which had already been raised in the State and represented fairly the opinion of a majority of the people. Consequently when it reached the Senate it was adopted with only two 1 J. M. Leach, H. T. Clark, H. M. Waugh, J, J. Davis, Thomas S. Kenan, J. H. P. Russ, Arch. McLean, Phillip Hodnett, J. M. Perry, J. Morehead, Jr., D. A. Covington, and W. D. Jones signed the report. P. A. Wilson favored the ratification of the amendment. POLITICAL AND SOCIAL CONDITIONS 187 dissenting votes. When the rejection resolution came upon its passage, C. L. Harris, of Rutherford County, attempted to secure the substitution of a ratifying resolution. This was defeated, receiving only the vote of Harris. The resolution rejecting the amendment also received only his negative vote. Six other members had promised to vote with him, but failed him when the time came. In the House of Commons, fifteen votes were cast against adopting the report, but only ten on the final passage of the rejecting resolution. C. L. Harris and D. A. Jenkins at once went to Washing- ton to join W. W. Holden and John Pool in the conference going on there with the radical leaders. On December 13, the same day the amendment was rejected, Thaddeus Stevens had introduced in the House of Representatives, at the request of the North Carolinians, a bill providing for the reconstruction of North Carolina, which had been pre- pared by James F. Taylor, John Pool, and W. W. Holden, and approved by the North Carolina radicals.^ This bill, after rehearsing the facts of secession, war, and Presidential Reconstruction, and calling attention to the duty of Con- gress to preserve a republican form of government in all the States, and in the " district " named, provided that, on May 20, 1867, a convention of the loyal citizens of the "dis- trict formerly comprising the State of North Carolina " should meet in Raleigh and prepare a constitution which ■should be afterwards submitted to Congress for approval. All male citizens of North Carolina who could read or '■ Standard, Dec. 26, 1866. A large part of the material for the bill .was furnished to Stevens by W. W. Holden. The North Carolinians who were back of the plan were Lewis Thompson, John Pool, D. M. Carter, Eugene Grissom, Tod R. Caldwell, R. M. Henry, Thomas Settle, R. P. Dick, G. W. Logan, Alfred Dockery, O. H, Dockery, C. J. Cowles, J. T. Leach, D. A. Barnes, Charles R. Thomas, J. F. Taylor, D. A. Jenkins, and C. L. Harris. l88 RECONSTRUCTION IN NORTH CAROLINA write, or who owned real estate to the value of one hun- dred dollars, could vote. No person who formerly had the right to vote could be disqualified. No person could have a seat in the convention or hold any office under the new con- stitution without taking an oath that at all times, after March 4, 1864, he would have complied with the terms of the President's proclamation of December 8, 1863, provid- ing for the restoration of the seceded States, had it been possible, and that, after that date he was opposed to the rebellion and Confederacy and gave no aid thereto, but de- sired the success of the Union. It was placed within the discretion of officers administering the oath to refuse ta do so, when doubt existed in their minds as to the truth of the applicant's declarations. The existing state govern- ment was to cease at the pleasure of the convention. The provisions of the act were to be executed by the officials of the United States. The bill was referred, and no report upon it was ever made. But Stevens later introduced the oath as an amendment to a general reconstruction bill, pre- viously introduced. In this latter bill, the oath was a pre- requisite for voting.^ This met with entire approval from^ Holden, for he had already decided that the original was too lenient and, in fact, he recommended some such change as was made." The House of Commons took notice of the charges that were constantly made that Union men were being perse- cuted in the courts. James Blythe, a member, who made the charge on the floor of the House, was examined by a com- mittee and testified that there was no use of the courts for persecution. He said that by persecution was meant abuse of those who favored the Howard Amendment as being in 1 Globe, 39 Cong., 2 sess., p. 250. ' Standard, Dec. 25, 1866. POLITICAL AND SOCIAL CONDITIONS 189 favor of negro suffrage. C. L. Harris, although a member of the Senate, was also examined and gave similar evi- dence. The committee's report, that justice was adminis- tered in the courts of the State, was unanimously adopted.^ Holden tried to create the impression that the legislature was taking testimony in order to begin prosecutions for treason against the State.^ Harris proved that this was in- correct, but it furnished material for numerous appeals to Congress to rescue the Union men of the State from " rebel persecution for their unswerving loyalty." That the ma- jority in both houses of the legislature would have favored, if practicable, the punishment of those who were attempting to overthrow the existing state government is undoubted, and it was frankly acknowledged on the floor of the House of Commons.'' To put a stop to the complaints of perse- cution in the courts and to go on record against anything of the kind, the legislature passed an amnesty act, applying to both Union and Confederate soldiers. This act was soon put into effect.* A commission at Washington was authorized for the purpose of looking after state claims, or anything that might seem necessary to the governor. Accordingly Gov- ernor Worth appointed as the commission Nathaniel Boy- den, Bedford Brown, P. H. Winston, J. M. Leach, A. S. Merrimon, and Lewis Hanes. John A. Gilmer, Thomas Rufifin, and D. L. Swain were also offered appointments, but declined. The commission went to Washington and, for part of the time, in company with Governor Worth, inves- tigated the condition of affairs. At first hopeful, they finally ' Journal, p. 215. ^ Standard, Dec. 19, 1866. * Journal and debates, Dec. 18, 1866. ■State V. Blalock, 61 N. C, 242. igo RECONSTRUCTION IN NORTH CAROLINA saw what would be the end of the struggle with Congress,, and, after conferring with Governor Orr, of South Caro- lina, ex-Governor Parsons, of Alabama, Governor Marvin, of Florida, Judge J. T. James, of Arkansas, and some of the members of Congress, suggested a plan of compromise. This was an amendment to the Constitution of the United States, designed to replace the Howard Amendment. It added a section declaring the Union perpetual, dropped the section imposing disabilities, and, while retaining the con- nection of apportionment of representation and suffrage, limited the power of the States to impose property and in- telligence qualifications. A part of the compromise plan was an amendment to the state constitution. This extended the franchise in accordance with the other amendment.^ The scheme was received with no enthusiasm and, after being introduced in the legislature, as a substitute for a reso- lution proposing a national convention, was withdrawn. It would, however, in all probability, have been passed, but for the feeling that further humiliation would be required and that it was useless to attempt to do anything but save self-respect.^ A bill calling a convention of the people was then passed, but without the required majority.^ The reso- lution proposing a national convention also passed both houses, only the extreme radicals voting against it. The proceedings of the session were marked by extreme bitter- ness, the debates being stormy, with evidence of the most intense party feeling. The radical element, while in a minority, was strong enough to give trouble to the conser- vatives. But all their efforts failed to produce any action approving the plans of Congress. ' The details of this plan are discussed in the American Historical Review of October, 1913. ' Governor Worth to Governor Orr, Feb. 27, 1867. * Journal, pp. 387-93 ; March i, 1867. POLITICAL AND SOCIAL CONDITIONS igi In the meantime, the various changes in position of the " straitest sect " or " Loyal Union " party, as they now called themselves, had finally brought them all to the ex- treme position of the Northern radicals. On December 26, 1866, Holden wrote the Albany Evening Journal, taking strong ground for negro suffrage and saying, in conclusion, " The rebel leaders, who are controlling these States, are totally regardless of political duty, and totally bent on mis- chief. You must govern them, or they will at last again govern you." ^ And on January i, 1867, at a meeting of the negroes in the African church in Raleigh, he declared himself in favor of unqualified negro suffrage, and intro- duced a resolution requesting Congress to reorganize the state government on the basis of " loyal white and black suffrage." ^ For the future, or as long as he was in politi- cal life,^ he promoted negro suffrage as violently as he had opposed it in the past. He at once commenced the preparation of petitions to Congress praying that negro suf- frage might be established, and circulated them among both black and white. Beginning now, with the new year, there followed a cam- paign based, as similar ones before, on the supposed alarm- ing conditions in the State. The life and property of all Union men were declared to be in extreme danger, unless Congress should interfere at once in their behalf. Those conducting the campaign hinted at severe measures, and Holden said that he regretted that the property of about five hundred persons in each State had not been confiscated, and that eight or ten of the leaders in each State had not been executed.* Later he said that confiscation was a posr ^ Quoted in the Wilmington loiirnal, Jan. 7, 18^7. ' Sentinel, Jan. 3, 1867. Standard, Jan. 9, 1867. * In later years he changed his opinion again. * Standard, Jan. 9, 1867. ig2 RECONSTRUCTION IN NORTH CAROLINA sibility, and even a probability. Already many of his fol- lowers were demanding it in the hope that they would profit thereby/ The whole State was excited and uneasy. Doubt as to the outcome of the struggle between the President and Con- gress had almost entirely disappeared, and the only ques- tion was how far Congress would go in the destruction of the institutions of the Southern States. In the west, A. H. Jones was leading in an effort to secure from Congress the division of the State, so that the Union men of that section could protect themselves from the " rebels " of the east. In this turmoil and excitement, the news came of the passage of the Reconstruction Act and the establishment of the mili- tary government. 4. ECONOMIC AND FINANCIAL PROBLEMS Before taking up the consequences of these extreme measures, it is important to trace the general course of economic and social transformation during the period of the presidential regime. Secretary Seward, in his letter notifying Governor Hol- den of his appointment, stated that his salary and the other expenses of the provisional government would be paid out of the contingent fund of the War Department. This was due to the fact that the provisional government was depend- ent on the military power of the President. It was well for the State that it was so, for financial conditions were de- plorable and the people were at the time unable to bear a tax that would pay the running expenses of the state gov- ernment. The expenses of the convention were, of course, met by the State. Immediately before the close of hos- 1 Standard, Jan. 16, 1867. The previous autumn Holden said con- fiscation would be the result of a failure to ratify the Fourteenth Amendment. POLITICAL AND SOCIAL CONDITIONS 193 tilities the State owned a very large quantity of cotton and rosin. Secretary Seward, on July 8, informed Governor Holden that the State could take possession of this property and use it for the necessary expenses of government. But a large part of it had been taken by the troops after the close of hostilities and turned over to the agent of the Treas- ury Department, and Secretary McCuUoch had directed that it should be shipped North. But after he had been informed of the financial condition of the State, he con- sented that the " ungathered debris " might be collected and used by the State, and he accordingly directed his agents not to be too inquisitorial in their work.^ Jonathan Worth took charge of its collection and found a considerable amount. The rosin was particularly valuable, for it was still in beds and untouched. Comparatively little cotton was secured, for most of what was left by the gov- ernment agents was stolen by individuals from the State or from the North. Redress was impossible for lack of testi- mony against the persons suspected. The records of col- lection have been lost, but the sale of the rosin and cotton so gathered brought about $150,000. Of this amount, after the expenses of the convention and many other demands upon the State had been paid, there remained $40,000. Even after collection, losses were frequent. An agent was sent to Georgia to collect state cotton, and at great ex- pense got together seventy bales. It was hauled to the depot and while awaiting shipment, it was seized by a Treasury agent, and the Department declined to return it. Elsewhere in Georgia, 421 bales were seized by the government with the same result.^ And when property was safely in the 1 House Reports, 40 Cong., i sess. McCulloch's testimony in im- peachment investigation. ' The United States later refunded the price of these two lots amounting to nearly $50,000. House Reports, no. 7, 45 Cong., 3 sess. IQ4 RECONSTRUCTION IN NORTH CAROLINA possession of the State, a close watch was necessary. Soon after Governor Worth went into office, he discovered that Dr. Sloan, who had succeeded him as provisional treasurer, had instructed the firm of Swepson, Mendenhall & Co., of New York, who were selling the state cotton, to sell all on hand to A. J. Jones, a member of the state Senate, for 33 cents per pound. The market price on the day the instruc- tions were given was 47/4 cents. No money passed at the transaction, for the cotton was at once sold at the market price and the net amount of $2,224.44 paid to Jones. Gov- ernor Worth investigated the matter at once and Jones re- funded the amount, declaring that he had decided to do so before the investigation was commenced.^ The State also owned property of considerable value in England, but from various causes, including fraud, nothing was ever realized from it. Every bank in the State, after the repudiation of the war debt, was forced into liquidation. The Bank of North Carolina, the most important in the State, compromised with its creditors at about 36 per cent. The Bank of Cape Fear paid only 25 per cent. Later some of the creditors, who had refused to compromise, recovered the full value of their notes. All the banks were in better condition than might have been expected, but the tax on notes prevented any attempt at reorganization from being made. Owing to the lack of capital, new banks came very slowly. Three na- tional banks, at Charlotte, Raleigh, and Fayetteville, were established during the period of Presidential Reconstruction. All these things had their effect upon the condition of the people at large. This was already serious enough. The country, wherever it had been touched by the invading 1 Legislative Docs., 1865-66, no, 13. A. J. Jones later became notori- ous as one of the most unblushing of the thieves that infested the State during Reconstruction. POLITICAL AND S0CL4L CONDITIONS 155 armies, was stripped of everything of value that could be carried away and had attracted the notice of the soldiers. This was particularly the case along the line of Sherman's march. Horses and cattle had been taken away and some killed from pure wantonness.^ A considerable shrinkage is noticeable in the number in the State as compared with i860. The following table gives the figures: ^ i860. 1866. 1868. No. of horses 150,661 99,436 98,441 No. of mules 51,388 32,560 32,885 No. of milch cattle 228,623 203,555 205,590 No. of oxen, etc 465,187 292,921 287,062 No. of sheep 546,749 339,259 325,684 No. of swine 883,214 1,160,816 975,085 Value live stock $31,130,805 $22,946,758 $20,052,456 The decrease in numbers and value shown in 1868, when the report was more accurate, forces the conclusion that the figures for 1866 were the result of an over-estimate. The troops in their march through the State left worn- out horses and took good ones wherever found. The worn- out stock had scarcely become of value to those holding it, when orders were issued by the quartermaster general for its collection and sale.^ Numerous protests were at once made. In December, 1865, Secretary McCulloch had or- dered that such horses and mules should not be taken, but this latter order superseded that, and all horses that were branded with either the United States or Confederate marks were seized. The best terms obtainable were that where- ever possible they should be sold in the counties where they were taken. Great hardship was produced by this seizure ' Last Ninety Days of the War, p. 43. ' These estimates are gathered from the reports of the Department of Agriculture. ^Executive Correspondence, Worth, vol. i, p. 11. in6 RECONSTRUCTION IN NORTH CAROLINA of stock, particularly as, at the time, the direct tax of 1861 was being collected, and the people had been drained of all ready money. The total amount of the tax collected before July, 1866, when an act was passed suspending further col- lection for two years, was $394,847.63. The quota of the State was $576,194.66.' Beginning in 1862, the United States levied a heavy tax on cotton which rose as high as two and one-half cents a pound. This was collected from the seceded States at the close of the war, North Carolina paying for this tax $1,- 959,704.87. Crops in large areas had been destroyed by the horses which had been turned out to rest and fatten. Fences were gone and often stables and other farm buildings, and even, in some cases, the dwellings, were destroyed. The last case, however, was the exception. Vehicles of every description had almost disappeared. The path of the main army was comparatively limited, but foraging parties, during and immediately after the war, penetrated to almost every portion of the State. The treasury agents followed, and by June, 1865, had collected, abandoned, or captured private property which sold for nearly $80,000. During the re- mainder of the year, $14,000 was added.' The total re- ceipts for captured cotton amounted to $428,071.31. To alleviate the distress which followed inevitably from the conditions outlined, a great deal was done by the Union army and the Freedmen's Bureau. Rations were issued to the white people as well as to the negroes, and in this way many families were literally kept from starvation. Large sums of money were received from the North in 1866 and ' Report of the Secretary of the Treasury, 1866, p. 62. ' Ibid., 1865. By January, 1865, property, excluding cotton, worth $201,164.42 had been seized. POLITICAL AND SOCIAL CONDITIONS igy 1867, and grain and provisions as well. Fortunately the crops in 1865, which had been planted before the end of the war, were unusually good. The fruit crop, particularly, was immense. The crops of the next two years were poor. In fact, in 1867, the cotton crop was a complete failure and the food crops much smaller than in the preceding year. The estimated value of the corn, wheat, rye, oats, barley, buckwheat, potatoes, tobacco, and hay in the State in 1866 was $45,551,450. The next year it was $38,332,716. The large loss in the male population consequent upon the war, and the great number of disabled, naturally ac- counted for a falling off in production. But when, in addi- tion, it is considered that the status of the chief laboring class had been entirely changed, and that the majority of that class were making their freedom evident to themselves by abstaining as much as possible from labor, it is not won- derful that, apart from bad seasons, the crops should have been poor. The whole matter of labor was very much un- settled from the nature of the great changes that had taken place, and the disturbance was increased by the constant interference of the Freedmen's Bureau in the contracts and arrangements made, as well as by its general influence in creating dissatisfaction among the negroes. The actual conditions regarding labor are very difficult to ascertain, owing to the chaotic situation in the State. In 1865, it was difficult in North Carolina, and indeed all over the South, to obtain laborers, on account of the belief held by the negroes that land would be given them by the United States Government.^ However, when Christmas passed and the new year began without any gifts, this belief was largely abandoned and necessity compelled those who were ' General Grant thought this belief had been started by the Bureau agents. See his report to the President in 1865. igg RECONSTRUCTION IN NORTH CAROLINA waiting for " forty acres and a mule " to find employment/ The contracts made in 1S65 were very vague, but the dis- position of the land owners to treat their employees fairly led to a gradual increase in the number made. But long- time contracts were discouraged by the Bureau agents and were unpopular on account of the suspicion the negroes felt at their condition and, in many instances, on account of dis- trust of their former owners. Indeed, in very many cases, the negroes left their old masters and hired themselves to others, at times on plantations immediately adjoining. This was in part due to a desire to have some visible evidence of freedom. The contract system, in general, worked badly on account of the tendency of the negroes to stop work, often when they v.'ere most needed. Many farmers found it more pro- fitable to hire only for a short period and pay wages. The average rate was about $10 per month for men and $6 for women. The tendency of wages during the period was dovi'nward, and in 1867 the average was lower." The ma- jority of the people, however, had no ready money to pay wages, and the system of working " on shares," in spite of its many disadvantages, of necessity, resulted. The usual plan was for the farmer to furnish the stock, feed, and im- plements and the tenant to furnish the labor. The crop was divided between them, the proportion each received varying according to the nature of the crop and the section of the State. The share the tenant received varied from one- fourth to one-half. As examples of the working of the system, the following seem fair : ' Report of Asst, Commissioner, Sen. Ex. Docs., no. 27, p. 17, 39 Cong., I sess. - Report, Dept. of Agriculture, 1867, Report, Frcedmcn's Bureau, 1866. Sen. Ex. Docs., no. 6, p. 104. 39 Cong., 2 sess. POLITICAL AND SOCIAL CONDITIONS igg In Stanly County, a farmer in i860 had kept six male hands, two women, and several children on a plantation of 160 acres. With the help of six horses, he made an average crop of twenty bales of cotton, 150 barrels of corn, 50 bushels of rye, besides roots, hay, and garden vegetables. In 1866, he divided his farm into three lots, the land being of the same quality in each. The first he put in charge of the most intelligent of his former slaves with his wife and four children, old enough to work. The owner supplied two mules, feed, and all the tools required. Apart from the expenses of his family, there was no charge on the ten- ant. The second lot v/as given to two good married hands and supplied as the first. The third was given to the son of the owner, who hired a colored man for a share of the crop. The rent in each case was one-half the crop. Each tenant was left to his own judgment in the choice of the crop to be planted. The result was that the crops produced by the freedmen were small, less than 40 barrels of corn, 60 bushels of wheat, 100 bushels of oats, and four bales of cotton between them. They had gone so far into debt for provisions that only a little corn and wheat was left as their share, with no money to begin another crop. The owner's son made as much as both the freedmen together and his crop was regarded as below the average. But another side is seen in another case in the same county. Two families of colored people, composed of six men, two women, and four children, undertook to plant a farm of 125 acres. In spite of the bad season, they raised 100 barrels of corn, 200 bushels of wheat, 100 bushels of oats, 25 bushels of peas, 75 bushels of potatoes, and about 4,000 pounds of ginned cotton. The value of the crop was $1,800, and they received a half.^ It is safe to say, however, that the efforts of the ' Report of Dept. of Agriculture, 1867. 200 RECONSTRUCTION IN NORTH CAROLINA freedmen, unless under white direction, for the most part resulted in failure and disaster. In consequence of the war and these conditions, real estate between i860 and 1867 had greatly decreased in value. ^ Just as the repudiation of the war debt wrecked the banks, it destroyed many private fortunes and reduced thou- sands from comfort to extreme poverty. Business was at a standstill for lack of money, and the people were utterly un- able to meet their obligations. A complicated " stay law " was passed by the convention of 1866.^ This did not go far enough, and the legislature passed another, which was de- clared unconstitutional by the courts.^ As regards the debts due by individuals to creditors in the North, some had been collected under the Confederate sequestration act. When the creditors entered their claims, the debtors pleaded their forced payments to the Confederacy as a release. The question was argued before the United States Circuit Court in session at Raleigh, and Chief Justice Chase held that the payment was no discharge of the debt.* War contracts also caused dispute, but the Supreme Court of the State held that they were valid.'' To promote a general economic improvement, efforts were made to induce immigration from the Northern States. In the fall of 1865, hostile feeling was fast dying out and the people seemed genuinely anxious for Northern people to come into the State. But when it looked most favorable for an influx of new population, the campaign of misrepre- ' Report Department of Agriculture, 1867. ' Ordinances, 1866, p. 31. ' This was a decision in the Superior Court. It never reached the Supreme Court. * Shortridge v. Macon, I Abbot U. S., 58. ^ Phillips V. Hooker, 62 N. C, 193. POLITICAL AND SOCIAL CONDITIONS 201 sentation for political purposes began, and deterred many from coming. Probably the great cause of their failure to come was the presence of the negro. The experience of those who did come was not such as to strengthen them in the belief that they could profitably engage in agriculture with the existing conditions of -labor. Whatever was the cause, too few came to have any appreciable effect as agents in the economic rehabilitation of the State. Few as they were, however, their political influence, in the period which followed, was great enough to delay improvement for many years. 5. TRANSPORTATION AND THE MAILS At the beginning of the war there were about 890 miles of railroad in the State. During the war the construction of a military road from Greensboro to Danville added about 50 miles to this. The most important of the systems in operation were the North Carolina, Raleigh and Gaston, the Atlantic and North Carolina, and the Wilmington and Wel- don. The State owned a large interest in each of the three first mentioned. All these roads were seized by the United States army and used as military lines. Largely to this is due the fact that the roads were in condition for immediate operation at the close of hostilities; for during this period of military occupation, an extensive work of repair and im- provement was kept up on all the roads. They were all under the control of the Department of Military Railroads, which had been created for the management and operation of the captured roads in the South. Some idea of what was done in North Carolina can be gathered from the following tables : ' 1 Off. Rec, no. 126, p. g68. 202 RECONSTRUCTION IN NORTH CAROLINA Name. Atlantic and North Carolina, Wilmington and W^ldon, North Carolina, Raleigh and Gaston, From Morehead City Wilmington Goldsboro Raleigh To Goldsboro, Goldsboro, HiUsboro, '■ Cedar Creek, Total, Length in Miles. 95- 8S- 89. 25. 294. Name. Atlantic and North Carolina. Wilmington and Weldon, North Carolina, Raleigh and Gaston, Total, Track Laid. Miles. 22.46 .46 7.62 • IS 30.69 Bridges Built. Linear Feet. 1288 879 564 532 3263 Cost of bridges, track and main- tenance of way. $597,041-30 110,243.05 243,266.36 13,565-32 $964,116.03 Other expenses for labor, rolling stock, and the like, brought the amount expended during the period tO' $2,596,- 660.05, ^ small amount compared to that spent in some of the other military departments. In spite of this, the condition of the roads was not good, for the rebuilt bridges and track were only temporary. The North Carolina road had well-equipped shops and was prob- ably in better condition than any of the others. It suffered less damage from the two armies and also received less in the wa)^ of repairs. The road ran from Goldsboro to Char- lotte, a distance of 228 miles. At the close of the war it had twenty-one engines, all in good condition, and had lost only one since i860, but the rest of its rolling stock had become scanty in amount and poor in condition. Four engines had been bought from the Confederate government, but the Baltimore and Ohio road claimed them and the engines ^ The road from Raleigh to Hillsboro, forty miles in length, was restored at once, leaving forty-nine miles under military control, the portion from Kil!sboro to Charlotte never having been seized. POLITICAL AND SOCIAL CONDITIONS 203 were delivered to it by the United States. The road-bed was in fair condition, but seven bridges had been lost by lire in 1865, two having been burned by incendiaries, three by the Confederate, and two by the Union army. The ware- houses, tanks, and stations at Salisbury and High Point were burned by Stoneman, the station and warehouses at Raleigh by retreating Confederate soldiers the day Sherman occupied the town, and the warehouse at Goldsboro acci- dentally by Union soldiers. The estimated cost of repairing this damage was $75,000. The road was restored to the company in October. Re- organization had already taken place under the provisional government. The financial condition of the company was at first thought to be very good, but investigation showed that this was an error. The Confederacy had owed the road $1,379,941, of which $600,000 had been paid in old metal — brass and iron — and a further reduction had been made by the transfer of a part interest in the Navy Depart- ment's machine shops at Charlotte. The State also owed the road a large debt, which could be met by repaying the dividends received from the state's interest in the road. From securities of a nominal value of $351,535, only $14,- 324 could be realized. It owed, in addition to its current ac- counts and capital stock, about $350,000. Great dependence was put by this road in a large amount of cotton, over eight hundred bales, which had been pur- chased in 1863 and stored in South Carolina. In 1866, a committee of investigation reported that a large part of it had been lost or stolen. The same committee, after look- ing into the management of the sinking fund, reported a case of fraud practiced there, resulting in great loss to the road. In July, 1864, the road had $58,000 in North Caro- lina ante-war bonds, " old sixes " as they were called. In the latter part of the year, George W. Swepson, now en- 204 RECONSTRUCTION IN NORTH CAROLINA tering upon the financial operations which during the next few years were to do so much towards the financial ruin of the State, contracted to exchange new state bonds for the old, at the rate of two for one, to the amount of $25,'000. Later he contracted for the remainder at the same rate. On January 12, 1865, the directors ordered that no more of the old bonds should be disposed of, except for the bonds of the corporation. Notwithstanding the fact that Swepson had not attempted in any way to carry out his part of the contract, which was verbal, the commissioners of the sink- ing fund allowed him to deliver the new bonds after Gen- eral Johnston's surrender had made them practically worth- less. He bought them by this exchange at three per cent of their face value. ^ The United States, after March, 1862, controlled half of the Atlantic and North Carolina road, including its shops and ofiices at New Bern. After April, 1865, the whole road was thus controlled. After the corporation was reorganized in the summer of 1865, the president, Charles R. Thomas, applied for the restoration of the road, at the same time presenting a bill for $319,500 for its use, and serving notice that after September 15, $50,000 per month would be charged. But as more than $175,000 had been spent for material and labor, the government refused to pay anything. The road was not surrendered until the immense stores at Morehead and Beaufort had been moved over it. This work was completed in October and the road was then de- livered to the corporation. At the same time it bought roll- ing stock and materials from the government amounting ta over $50,000 in value. The Wilmington and Weldon road was restored in Au- 1 Report of the legislative committee on N. C. R. R. Report of N. C. R. R. for 1867. The information regarding the railroads not otherwise annotated, is from their annual reports. POLITICAL AND SOCIAL CONDITIONS 205 :gust. Property to the amount of $50,000 was bought from the government. The Raleigh and Gaston road was restored early in May. Its finances were in better condition, probably, than those of any other road in the State. The Western North Carolina Railroad was never con- trolled and operated by the military forces, but it suffered from raiders, so far as track and equipment were concerned. The greatest loss it sustained was at Salisbury, where all the buildings and shops had been destroyed by Stoneman. The road was unfinished and steps were at once taken to con- tinue the work of construction westward. Bonds were is- sued by the State in 1866 to the amount of $500, 000 for the benefit of the road, and stock was taken in payment. This was insufficient and the State was again appealed to. This, however, belongs to a later period. All the roads suffered in 1866 and 1867 from the impov- erished condition of the people. The poor crops made the freight traffic very light. This was only temporary, and the recovery of the roads was steady for some years. It was interrupted by events in the State in the period which now followed. The connection of the roads with politics was a great disadvantage as every change of administration brought a change of the officers, the State controlling a ma- jority of stock in several of the most important of the roads. Closely connected with the railroads was the matter of the mails. The United States mail service ceased in North Carolina in May, 1861. Many of the persons employed by the Post-office Department entered that of the Confederacy. Most of the funds belonging to the government were turned over to the Confederacy. The total amount was $37,- 770.42.^ The larger part of this was collected when the war ' Of this $12,391.38 was due from the seven presidential offices in the State: Chapel Hill, Fayetteville, Goldsboro, Greensboro, New Bern, ■Raleigh, and Wilmington. Report of the Postmaster-General, 1865. 206 RECONSTRUCTION IN NORTH CAROLINA closed. ^ Immediately after the organization of the pro- visional government, the Postmaster General, in obedience to the directions of the President's proclamation of May 29, notified Governor Holden that he was ready to reorganize the mail service as soon as arrangements could be made with the railroads. By November, fourteen routes were in operation, supplying the service to a large part of the State. But there was constant trouble with the railroads on ac- count of the small sum paid for transportation, and the un- certain and poor service of the roads made the mail facilities exceedingly bad. The difficulty of securing persons to fill the offices under the requirements of the law also delayed a return to good service. It was several years before an ade- quate system was established. ' Report of the Postmaster General, J866. CHAPTER FIVE Military Government Under the Reconstruction Acts I. THE reconstruction ACTS The experiment, if it be so called, of restoration on the plan laid down by the President, lacked, from the standpoint of the individual States concerned, but one thing to be successful. Within these States the various departments of goverment, when free from outside in- terference, exercised their normal functions apparently in the manner prescribed by law and custom. But the relations of these States to the United States were ab- normal by reason of the refusal of Congress to receive their representatives. Recognition of the existing state governments by the legislative branch of the general government was utterly lacking. There were many things which, united, caused the existence of this condition of affairs. Congress, before the close of hostilities, had clearly shown and expressed the opinion that the matter of the reconstruction of the seceded States was a question the solution of which properly belonged to Congress. The reason of this, beyond jealousy for the prerogatives of the legislative branch of the government, encroached upon by the executive branch during the war, was largely the dif- ference which appeared between the view of the results of the war held by the majority of the members and that held by the President, particularly as related to the 207 2o8 RECONSTRUCTION IN NORTH CAROLINA Status of the seceded States and the treatment of the freedmen. This difference increased after the death of President Lincoln and the succession of President John- son. A combination of sentimentalism and of solicitude for the future welfare of the Republican party caused the radical element of that party to demand that the suffrage should be extended to the lately emancipated slaves. This demand formed a basis of opposition to the Pres- ident. ' At first the many dififerences of opinion in the party and a desire to avoid an open rupture with the President made a policy of waiting advisable, if not act- ually necessary. In this period of delay a consolidation of opinion took place which enabled the radicals to cope with the President successfully when the occasion arose. In pursuance of this policy of delay, a resolution was passed providing for a joint committee of both houses on the condition of the States lately in insurrection. The committee was chosen, and to it were referred all matters relating to the States in question. = When, at the opening of Congress, the delegations from the Southern States presented themselves, as has been seen, no action vv^as taken at first, and finally a resolution, in- troduced by Thaddeus Stevens, was passed by both houses, forbidding the admission of members from any of the eleven Southern States until Congress should formally have declared such a State entitled to representation. ' During the period which elapsed before the reconstruc- ' Dunning, Essays on Civil War and Reconstruction, p. 80. ^The membership of the committee was as follows: Majority, Sen- ators Fessenden, Grimes, Harris, Howard, and Wilhams, and Repre- sentatives Stevens, Washburne, Morrill, Bingham, Conkling, Bout- well, and Blow. Minority, Senator Johnson, and Representatives Grider and Rogers. ^This resolution passed the House February 20, 1866, and the Senate March 2, 1866. MILITARY GOVERNMENT 209 tion committee reported finally, many individual bills were reported by it and considered in Congress. Through this discussion the policy of Congress was finally outlined and developed. In the meantime, an investigation was being made by the committee of the condition of afifairs in the South. Investigations into the conditions existing in the Southern States had already been made. General Grant, with the approval of the President and the Secretary of War, in November, 1865, visited Virginia, the Carolinas, and Georgia. His report was altogether favorable to the President's policy, both as to conditions and to the feel- ing existing among the people towards the general gov- ernment. The two questions which had hitherto divided the two sections — slavery and the right of secession — he thought were regarded as finally settled by arms, and the people were ready to accept the decision in good faith. War had left such a condition that military occupation was necessary for the time to preserve order; but the mere presence of a military force, however small, was sufficient for the purpose. Colored troops should be entirely withdrawn, as they were provocative of trouble. He expressed the belief that the people were anxious to return to self-government in the Union, and were ready to do what the government required of them, provided it was not humilating. He criticised the administration of the Freedmen's Bureau, bearing witness at the same time to the good accomplished by it.' Two other commissioners, Carl Schurz, a major- general in the volunteer service, and Benjamin C. Tru- man, a civilian, also came south at different times. Neither of them came to North Carolina, and it is suffi- ^Sen. Docs., no. 2, p. 106, 39 Cong., i sess. 2IO RECONSTRUCTION IN NORTH CAROLINA cient to say of their reports that Schurz was more gloomy regarding conditions than General Grant had been, and his report consequently was more to the taste of the radicals/ while Truman, on the other hand, found everything most encouraging for a perfect restoration of peace and order/ President Johnson sent the two for- mer reports to the Senate with a message reviewing the conditions in the South. All was without effect, for the message and the report of General Grant were regarded, as Senator Sumner expressed it, as " whitewashing," s and they did not contain the sort of information desired by the radicals. To obtain the desired indictment of the presidential polic}' and of the South an investigation of their own was made. Sub-committees of the recon- struction committee were appointed to take evidence from the different States. The sub-committee for North Carolina and also for Virginia, South Carolina, and Georgia was composed of Conkling, Howard, and Blow. The testimony for North Carolina, however, was all taken by Senator Howard. He remained in Washing- ton and summoned such witnesses as he desired. In March, William A. Graham wrote to Senator Fessenden and asked that, as a claimant for a seat and as a repre- sentative of North Carolina, he might be present at the investigations of the committee and be allowed to cross- examine the witnesses and produce evidence. Fessenden responded that the first two parts of the request could not be granted, but that the committee would be glad to examine any witnesses he might suggest. Graham was much disturbed because, so far as he could discover, only one witness from North Carolina had been examined ^Sen. Doc, no. 2, pp. 1-106, 39 Cong., i sess. ''Ibid., no. 43. ^Annual Cyclopcedia, 1866, p. 187. MILITARY GOVERNMENT 211 and he was not a native, but an officer of the army and an agent of the Freedmen's Bureau. It later appeared that there were several more who had been examined. Possibly the protest had some effect in causing the examination of additional witnesses. In all, twelve witnesses were examined by the com- mittee for North Carolina.' Of these only one was a native of the State. "^ Two had lived in the State prior to i860, both ministers of the gospel and agents of the Bureau. 3 Eight were or had been officers in the Union army, and of these, six were connected with the Bureau.'* The other witness was a newspaper editor who had been a war correspondent of the New York Herald until the capture of Wilmington. ^ Most of the testimony, as might be expected, painted a dark picture of conditions. Most of the witnesses agreed that the freedmen were hated by the whites, and without the protection of troops would again be enslaved ; that there was a secret but intense hostility to the United States government ; that without protection Northern men and all Unionists would be unsafe in the State ; * and that Northern people 'The testimony will be found in House Report no. 30, part 2, 39 Cong., I sess. * Bedford Brown. 'Rev. James Sinclair and Rev. Hope Bain. The former had been a lieutenant-colonel in the Confederate service, but on account of dis- graceful conduct at the battle of New Bern was dropped by his regi- ment at re-organization in 1862. He informed the committee that he had given up his commission because he would not take part agairtst the United States. * Lieut. G. O. Sanderson, Col. E. Whittlesey, Capt. H. A. Cooke, Col. D. A. Clapp, Col. J. A. Campbell, Col. W. H. H. Beadle, Maj. H. C. Lawrence, and J. W. Alvord. ^Thomas M. Cook. °Col. Whittlesey and Maj. Lawrence dissented from this and stated that there was no danger of violence. 212 RECONSTRUCTION IN NORTH CAROLINA were disliked, and as a rule not received socially. What value this latter fact, true as it undoubtedl}' was, had as evidence regarding political conditions would be hard to say. One witness complained that no approach to equality was allowed the freedmen ; ' another thought that every Southern man was opposed to granting the negroes equal rights in the courts, and that there was a prejudice in the courts against the holding of property in land by a negro. ° A majority of those questioned about the matter thought the people favored the repudia- tion of the war debt of the State, ^ and most of them noted, apparently with surprise, that men who had dis- tinguished themselves as Confederate soldiers were very popular with the people. Major Lawrence, formerly an agent of the Freedmen's Bureau and an Illinois Repub- lican, dissented entirely from the unfavorable testimony given by the other witnesses. He expressed the belief and ofifered proof that Northern men in the State were entirely safe, quoting General Abbott,'' who said, " Tell them (the committee) that a Northern man is just as safe anywhere in the State of North Carolina as he is anywhere in the North. I do not say that a man cannot come here and act so without sense and discretion that he will get into difificulty with the people ; he can do that anywhere. But a man who comes here and attends to his own business and does not take some pains to make himself odious, I think, is as safe here as anywhere •Testimony of G. O. Sanderson, p. 173. * Testimony of W. H. H. Beadle, p. 265. 'Testimony of Sinclair, Brown, Whittlesey, Cook, and Lawrence; for the other view see Cooke and Campbell. * A Northern man who had settled in Wilmington. MILITARY GOVERNMENT 213 else." ' Major Lawrence thought that the people gen- erally had accepted the results of the war and were pre- pared to show it by their acts, including full protection to the freedmen.° The testimony so far has been analyzed merely to show its general character. It probably had no effect upon the opinion of the committee or upon the final result of their work. Nor is it likely that any such effect was intended. The object of the appointment of the committee had been, largely, to gain time while plans of legislation might be formed, independently of the result of any investigation such as was thus con- ducted. The mass of the testimony collected was to be used later as a justification and defence of the plan of reconstruction formulated and proposed, and also to secure the support of the North by means of the effect it would have upon the minds of the people. The committee made its report in June, 1866. The majority report declared that the seceded States at the close of hostilities had been in a state of complete an- archy, without governments or the power to frame them except by permission of the victors. The plan of res- ' Testimony, p, 290. ''Ibid., p. 289. Major Lawrence's examination was suggested to the committee by Hon. Reverdy Johnson at the instance of Hon. Robert S. Hale, of New York. Probably his arraignment of the Freedmen's Bureau, an extract of which is here given, was the cause. Major Law- rence said, " I confess that I am tired out and half worn out with the annoyances of my position and need rest; and am so far from having any sympathy with the views that seem to prevail in Congress that I am unwilling to be a humble instrument in carrying them out. * * * I felt ashamed for myself as an American and for my government when, a few days ago, Judge Buxton, of the Supreme [«'c] Court of this State called at my office to inquire as to the extent of jurisdiction he would be permitted to exercise in a term he v/as about to hold." Globe, pp. 1483-4, 39 Cong., I sess. 214 RECONSTRUCTION IN NORTH CAROLINA toration adopted by the President was approved as a temporary military expedient for preserving order. The President's recommendation to Congress that these States should be admitted to representation was declared to have been based on incomplete evidence. When he made it, he had not withdrawn the military forces or restored the privilege of the writ of habeas corpus, and he still exercised over the people of these States military power and jurisdiction. Moreover, the report alleged, in all the seceded States, except perhaps Arkansas and Tennessee, the elections for state officers and members of Congress "had resulted almost universally in the defeat of candidates who had been true to the Union, and in the election of notorious and unpardoned rebels who could not take the prescribed oath and made no secret of their hostility to the government and people of the United States." From the evidence which it had secured, the com- mittee was convinced that devotion to the Confederacy and its leaders was still existent, and republican govern- ment endangered by a "spirit of oligarchy" based on slavery. The final opinion of the committee was that the States lately in rebellion had become, through war, disorganized communities; that Congress could not be expected to recognize as valid the election of representa- tives from these communities, nor would it be justified in admitting the respective communities to participation in government "without first providing such constitu- tional or other guarantees as will tend to secure the civil rights of all citizens of the republic ; a just apportion- ment of representation; protection against claims founded in rebellion and crime ; a temporary restoration of the right of suffrage to those who have not actively partici- pated in the efforts to destroy the Union and overthrow MILITARY GOVERNMENT 215 the government, and the exclusion from positions of public trust of at least a portion of those whose crimes have proved them to be enemies of the Union and un- worthy of public confidence."' The minority members of the committee presented a report dissenting from the conclusions drawn by the majority, and attacking the constitutionality of their theory and of the legislation proposed. This legislation was embodied in a resolution which, after modification, became the Fourteenth Amendment to the Constitution of the United States, " a bill providing that whenever this proposed amendment should become a part of the Constitution, and any State lately in insur- rection should ratify it and modify its own constitution in conformity therewith, its senators and representatives ' Many statements of fact and inference in the majority report were conspicuously untrue so far as concerned North Carolina. For example, that "the elections which were held for State officers and members of Congress had resulted, almost universally, in the defeat of candidates who had been true to the Union, and in the election of notorious and unpardoned rebels, men who could not take the prescribed oath of office, and who made no secret of their hostility to the government and people of the United States." Again, "It appears quite clear that the anti- slavery amendments, both to the State and Federal Constitutions, were adopted with reluctance by the bodies which did adopt them." And again: "The witnesses examined as to the willingness of the people of the South to contribute under existing laws to the payment of the national debt, prove that the taxes levied by the United States will be paid only on compulsion and with great reluctance, while there pre- vails to a considerable extent, an expectation that compensation will be made for slaves emancipated and property destroyed during the war. " The first part of this last extract was without doubt true, but there was no basis for the latter part. ' The chief modification was in the third section where the original provided that, until July 4, 1870, all persons who had voluntarily ad- hered to the late insurrection, giving it aid and comfort, should be deprived of the right to vote for members of Congress and electors for President. 2i5 RECONSTRUCTION IN NORTH CAROLINA might be admitted, if duly qualified, after taking the re- quired oath ; and a bill declaring ineligible to office under the United States all persons in the classes excepted by the President's amnesty proclamation of May 29, 1865, except those under the thirteenth exception. ' The two bills never passed. The fate of the Fourteenth Amendment, when sub- mitted to the North Carolina legislature, has been no- ticed.'' It met with rejection in all the other Southern States except Tennessee. When Congress met in De- cember, 1866, enough of the Southern States had rejected the amendment to show the prevailing opinion in the South, and consequently the question at once arose as to what policy should be adopted. The uncertainty in regard to this became less as the remaining Southern States in turn rejected the amendment. Consequently, in February, 1867, it became a determined fact that the state governments, as organized by the President, should be superseded by others organized under military au- thority; that the political leaders of the Southern States should be disqualified from taking part in the reor- ganization of the governments; and that the right of suffrage should be extended to the negro by national legislation, in utter defiance of the constitutional right of the individual States in the matter. In pursuance of this determination, the act of March 2, 1867, "to provide for a more efficient government of the rebel States," was passed. It was vetoed by the President, but was passed over the veto on the same day. Declar- ing in the preamble that no legal state governments or adequate protection for life or property existed in the ' This class was composed of those who owned $20,000. ' Cf. supra, p. 187. MILITARY GOVERNMENT ' 217 ten "rebel" States,' the act provided that these States should be divided into five military districts, each under an officer of the army of not lower rank than brigadier general, and made subject to the military authority of the United States. North Carolina and South Carolina formed the second district. The commander of each district was required to protect all persons in their rights and to suppress insurrection, disorder, and violence. In the punishment of offenders, he was authorized to allow the civil tribunals to take jurisdiction, or if he deemed it necessary, to organize military commissions for the purpose. All interference with such tribunals by the state authorities was declared void and of no efifect. It was further provided that the people of any of the said States should be entitled to representation whenever they should have framed and ratified a constitution in conformity with the Constitution of the United States. This constitution must be framed by a convention elected by the male citizens of the State, regardless of race, color, or previous condition, with the exception of those disfranchised for participation in rebellion or for felony. Those persons on whom disabilities would be imposed by the proposed Fourteenth Amendment were disquali- fied from holding a seat in the convention and from voting for delegates. The constitution thus framed, and containing the provision that all persons whom the act of Congress made electors should retain the electoral franchise, must then be approved by Congress. When- ever representatives should be admitted, the portion of the act establishing military governments would become inoperative so far as concerned the State in question. Until the completion of this reconstruction, the existing ' Tennessee was not included in the provisions of this act, as its rep- resentatives had been admitted. 2i8 RECONSTRUCTION IN NORTH CAROLINA civil governments were declared provisional and liable at any time to modification or abolition.' On March 23, a supplementary act was passed. The original act left the whole matter of the initiation of re- construction very indefinite. The supplementary act provided that the district commanders should cause a registration to be made of all male citizens who could take a required oath as to their qualifications as electors. The election of delegates to a convention should then be held by the commanders. For the sake of giving at least an appearance of following the will of the people, the act provided that the question of holding a conven- tion should be submitted to them at the same time. Unless a majority of the registered voters took part in the election and a majority in favor of holding the con- vention resulted, no convention should be held. Pro- vision was made for boards of election composed only of those who could take the "iron-clad" oath. Finally, it was provided that a majority of those registered must take part in the voting on the ratification of the consti- tution in order to make it valid. ^ This act was also vetoed by President Johnson and promptly repassed by the required majorities. In July, Congress met again. In the meantime At- torney-General Stanbery had sent to the President an interpretation of the act, which closely restricted the power of the miHtary commanders. At once another supplementary act was passed, as an authoritative inter- pretation of the former acts. It gave the commanders full power to make any removals from office that they might see fit, and authorized the boards of registration ^ Laws, 40 Cong., i sess., chap. vi. ^Laws, 3g Cong., 2 sess., chap, cliii. MILITARY GOVERNMENT 219 to go behind the oath of an applicant for registration whenever it seemed to them necessary. District com- manders, the boards of registration, and all officers act- ing under either were relieved from the necessity of acting in accordance with the opinion of any civil officer of the United States. The executive and judicial offi- cers referred to in the imposition of disabilities' were declared to include the holders of all civil offices created by law for the administration of justice or for the admin- istration of any general law of a State. An extension of time for registration was authorized, and also a revision of the lists of registered voters before the election.' This act, as was now the customary thing, had to be passed over the President's veto. Such was the most important legislation enacted for the restoration of the South. Questions of precedent and of constitutional law were alike disregarded in their passage, and justification found for all. A discussion of their constitutionality, however, is not a part of this study. It is sufficient to say that the laws were effective. Within the State, as has been seen, the debates in Con- gress on reconstruction had caused the greatest excite- ment and anxiety. In January, Governor Worth ap- pealed to the Council of State for instructions as to the course he should pursue in the event of the passage of a reconstruction bill. He himself at that time favored re- sistence to such an extent as would bring the question before the Supreme Court of the United States. The Council agreed with him and authorized him to secure the best legal talent as counsel for the State in his at- tempt to bring the matter before the court. ^ Acting on ' Constitution of the United States, Amendments, Art. XIV. ''Laws, 40 Cong., 2 sess., chap, xxviii. ^ Council of State Records, pp. 193-5. 220 RECONSTRUCTION IN NORTH CAROLINA the advice of Thomas Ruffin and William A. Graham, Governor Worth consulted Hon. Benjamin R. Curtis, a former justice of the Supreme Court of the United States, at this time a practicing lawyer in Massachusetts. He agreed with Judge Ruffin that it would be practically impossible to get a test case before the court. Judge Ruffin also advised that the State should not become a party to any attempt of the kind.' Accordingly in March, after the first reconstruction act had gone into effect, Governor Worth asked the Council if he should take any steps in the matter. He had come to the conclusion that it was useless and im- possible to make any attempt without the authority from the General Assembly, and thought correctly that it would be impossible for that body to assemble. He ad- vised that the people should be urged to register, and, after sending as good men as possible to the convention, to ratify or reject the constitution as they saw fit. The Council agreed with this view and passed a resolution containing the suggestion just mentioned.^ With the governor, and in fact with all the State, they doubted the value of any application to the Supreme Court, feeling that, even were the case considered and decided in favor of the State, the decision would not be respected by Congress. Governor Worth had been in correspondence with several of the Southern governors, and now noti- fied them that North Carolina would take no part in their attempt to secure justice through a judicial decision. ^Executive Correspondence, Worth, vol. i, pp. 395-400. '' Council of State Records, pp. 200-04. MILITARY GOVERNMENT 22 1 2. MILITARY GOVERNMENT UNDER GENERAL SICKLES' The first reconstruction act was declared in force in North Carolina by General Robinson. General Daniel E. Sickles, however, was assigned to the command of the second district, with headquarters at Columbia, South Carolina.^ He was not unknown in the State, for he had been in command of the department of which North Carolina formed a part, and had been rather popular than otherwise. Consequently his assignment was re- ceived with as much satisfaction as could be expected under the circumstances. As a matter of fact, opposi- tion to the enforcement of the reconstruction act was apparently dead. It had been violent until the passage of the act, and then there seemed to be a general acqui- escence if not agreement. But it was only resignation. No one can believe that anything approaching a majority of the white people of the State favored the destruction of the existing state government. But power to resist was lacking, and apathy succeeded protestation. The Sentinel expressed the feeling, saying, " In a political sense we suppose the integrity of the glorious old State of North Carolina has been blotted out of existence. * * * Well, so be it; we submit. The sword is a mighty convincer, and if such be its decision we accept it with all the logical consequences present and pros- pective." The supplementary act was really received with joy by the conservative element.^ This feeling was caused by the efifect it had upon the plans of the radicals ' The orders and correspondence not otherwise referred to will be found in Sen. Ex. Docs., no. 14, Correspondence Relative to Recon- struction, 40 Cong., I sess. ^This was later changed to Charleston. 'The term "conservative" is used merely in contradistinction to *' radical." It had not yet become a party title. 222 RECONSTRUCTION IN NORTH CAROLINA in the State. Immediately after the passage of the first reconstruction act, the "loyal" members of the legisla- ture, which was then in session, acting under the influ- ence of Holden, issued a call for a meeting of "loyal" citizens to devise a plan for calling a convention of the people. The primary meeting was held and a committee appointed to devise and carry out a plan for organiza- tion.' By comparison with what this meant, military government seemed to the conservatives far preferable. General Sickles, soon after he took command, issued an order declaring the civil government of the State pro- visional, but continuing it with directions that it should be obeyed. He requested the cooperation and assist- ance of all officers and citizens. He indicated that, in general, jurisdiction in criminal cases would be left to the civil courts. Particular cases might be referred by his order to military commissions.^ His idea and intention were, evidently, to cause as little change in the state government as possible. Consequently, he con- ferred frequently with Governor Worth, who had been in Washington with him before he assumed command of the district, and who went to Charleston in April at General Sickles' invitation for a consultation with him and with Governor Orr, of South Carolina.^ General Sickles frequently took his advice, particularly regarding the appointment of provisional officers. For convenience in the military government, the State was immediately divided into eleven military posts."* The post commanders ' The plan included a threat of confiscation of the property of all those who should refuse to join in the petition for a convention. '' General Orders, no. i. ^ Sickles to Grant, April i8, 1867. 'Morganton, Salisbury, Charlotte, Greensboro, Raleigh, Fayetteville, Goldsboro, Wilmington, Plymouth, New Bern, and Fort Macon. MILITARY GOVERNMENT 223 were instructed to supervise the action of the various civil officers, and also to give notice to headquarters of elections of any nature that were to be held within the limits of their posts, and, if necessary, suggest removals. In April, General Sickles, in response to a demand for something of the kind in South Carolina, to stay execu- tions for debt, issued his well-known "General Order, No. 10." After rehearsing the conditions which made action necessary, it prohibited imprisonment for debt unless accompanied by fraud. Judgments and executions on causes of action arising after December 19, i860, and prior to May 15, 1865, were ordered not to be enforced then or thereafter. On causes arising prior to that time, execution was stayed for twelve months. Judgments on actions subsequent to May 15, 1865, might be enforced. Proceedings for recovery of money in payment for the purchase of slaves were suspended. Wages for labor were made a lien on crops. A homestead exemption of $500 was provided. The requirement of bail in cases ex contractu was forbidden but allowed in cases ex de- licto. The carrying of concealed weapons was forbidden, and when injury resulted from a concealed weapon, it was to be regarded as evidence of an intent to commit murder. Corporal punishment for crime was forbidden. The order was issued with reference to conditions in South Carolina. Its injustice in several particulars as regarded North Carolina, is manifest. In ordering the stay of legal proceedings, the fact that North Carolina did not secede until May 20, 1861, instead of on De- cember 19, i860, was entirely ignored. It was stated at the time, how correctly is uncertain, that most of the cases in which a stay was ordered in North Carolina had arisen in the interval named. The interference with the punishment of criminals worked an injustice to the State ; 224 RECONSTRUCTION IN NORTH CAROLINA for there was no state prison, and it was a heavy tax on the counties to keep criminals idle in jails, but as the order forbidding corporal punishment was construed by the military authorities to forbid the use of ball and chain, convicts could not be worked on the roads.' To remedy this condition of affairs Governor Worth and General Sickles later began to perfect a plan for the establishment of a penitentiary. General Sickles desig- nated as a committee to consider the plan, Governor Worth, Treasurer K. P. Battle, and M. L. Wiggins and J. C. Harper, chairmen, respectively, of the finance committees of the Senate and House of Commons." It was hoped that the legislature would be allowed to meet and complete the plan, but General Sickles forbade the session. Owing to the removal of General Sickles from command, the matter was left for the attention of the new state government. The order for a general registration was published in May and provided that it should begin in the latter part of July. At once the work of organizing the boards of registration for the one hundred and seventy registra- tion districts began. ^ To the great disgust of the radi- cals, the Standard already protesting against " any agency whatever by Governor Worth in the work of reconstruction,"'* the governor was consulted in the appointment of members of the boards and asked to recommend suitable persons from each county.^ He ac- cordingly sent recommendations for every county except '^Executive Correspondence, Worth, vol. i, p. 542. ^ Ibid., pp. 547, 560. ^ McPherson, Political Manual for 1868, p. 315. 'Issue of April 27, 1867. ^Executive Correspondence, Worth, vol. i, p. 441. MILITARY GOVERNMENT oor- Polk and Wilson.' It was necessary to find men who could take the oath, and, as very few native whites could do so, and as he wished to avoid the appointment of negroes, he endeavored to find as many former Union soldiers as possible. A few colored men were recom- mended by the governor, but very few applied, and he refused to recommend any member of the Union League." For the general board on rules and regulations one of his nominations was accepted. For the other place a colored minister from the North was selected by Gen- eral Sickles.^ General Nelson A. Miles, who commanded the post of Raleigh and was also assistant commissioner of theFreedmen's Bureau, had already issued a circular to the agents of the Bureau instructing them to select one colored and two white men from each election district to be registrars and inspectors of elections. He decided that one of the white men must be a native of the State and the other an army officer or Bureau agent.'' All preparations were made for beginning the enrolment of the voters, but General Sickles, thinking it best to wait until Congress should decide who could vote, and with his usual regard for the welfare of the people, wishing the "crop laid by" before the distractions incident to registration should begin,^ postponed indefinitely the beginning of registration. But by August i, the order was issued with an elaborate set of rules and regulations. Under these, post commanders were given power of supervision in their districts, and authority to preserve ^Executive Correspondence, Worth, vol. i, p. 421. '^ Ibid., p. 485. ' H. H. Helper and G. W. Brodie were the persons in question. ^Standard, May i, 1867. ■''Sickles to Trumbull. Quoted in Register, July 11, 1867. 226 RECONSTRUCTION IN NORTH CAROLINA order; provision was made for the recovery of damages by persons injured while attempting to vote or deprived of employment on account of their registration ; and registrars were directed, regardless of any challenge, to examine the right of every applicant to register. The lists when completed should be exposed for five days and then revised.' After the removal of General Sickles, a circular of instructions prepared by him was also pub- lished. = General Sickles failed to exercise his power of re- moval to any great extent. When Attorney General Stanbery gave a construction to the reconstruction acts which deprived district commp.nders of the right of re- moval, General Sickles at once wrote the adjutant gen- eral that, without the power of removing civil ofificers, it was "not practicable to afford adequate security to per- son and property." He also said, "Without military control I believe reconstruction would be impossible. Anarchy would rule — ruin to all interests would follow." He also informed General Grant that, up to June 17, 1867, not more than twelve removals had been made in the Carolinas, and that those were for misconduct. Very few were made by him later. Policemen in Wilmington in several instances were removed, ^ and town commis- sioners in Wilson, Newport, and Fayetteville. The mayor in the last-named place was also removed. Suc- cessors were appointed in these instances, and also when the term of office of the municipal officers of New Bern expired ; and the realm of politics was left and trustees appointed for the New Bern Academy, which was par- ' General Orders, no. 65, Sen. Docs., no. 341, p. 50, 40 Cong., 2 sess. ''Ibid., p. 58. ' Correspondence Relative to Reconstruction, pp. 48-80. MILITARY GOVERNMENT 227 tially controlled by the town.' A town election was suspended in Tarboro until the reconstruction acts could go into effect." All appointments were in accordance with an agreement made with Governor Worth, at the conference in Charleston, that no municipal elections should be held until after the meeting of the convention. All ofificers ordinarily elected by the people were to be appointed by the commander, and those ordinarily chosen by the legislature were to be appointed by the governor. 3 Throughout the administration of General Sickles there was a marked tendency towards an exceedingly strict supervision from headquarters of the actions of civil ofificers. All officers empowered to make arrests were required to report to the provost marshals and to act under their orders.* Orders were constantly issued in reference to various subjects that had attracted Gen- eral Sickles' notice. For instance, in one order, among other things the distillation of grain was forbidden, very properly, in view of the destitution in the district ; license to sell liquor was confined to inns ; discrimination in public conveyances of any kind on account of race was forbidden ; any qualified voter under the reconstruction acts was declared eligible to hold ofifice, and the remedy by distress for unpaid rent was abolished. = Interference in the affairs of the courts was more general than before and had a greater effect in the State, probably, than the rest of the commander's official actions. The first instance of this was in the matter of juries. In ' Correspondence Relative to Reconstruction, p. 79. ■"Ibid., p. 75- ^Annual Cficlopadia, 1867, p. 692. "■ General Orders, no. 34. 5 General Orders, no. 32. 228 RECONSTRUCTION IN NORTH CAROLINA May, General Sickles declared in "General Order, No. 32," that all citizens who had been assessed for taxes and had paid them were qualified to serve as jurors, and the proper civil officers were ordered to revise the jury lists in accordance with the order. According to his inter- pretation, the payment of poll tax was sufificient qualifi- cation. ' The requisite in the State hitherto had been a freehold. " When Chief Justice Chase held the United States Circuit Court in Raleigh in June, he ordered that the jury list should contain " all persons, regardless of race or color, otherwise qualified. " This, although it admitted negroes, in other respects followed North Car- olina law and precedent. ^ Governor Worth asked Gen- eral Sickles to suspend his jury order until October, when it could be ascertained who had paid taxes. Accordingly the order was suspended in the North Carolina courts till the October terms. '' Judge Barnes in June adjourned Edgecombe Superior Court because negroes had not been summoned in accordance with General Sickles' order. ^ A still more important judicial action was at Martin Superior Court in August, when Judge Fowle rendered a decision that colored freeholders under the laws of North Carolina, without regard to military orders, were qualified as jurors. Their exclusion, prior to 1865, he held, was a natural and unavoidable result of slavery, and the abolition of slavery in 1865 made all negroes, otherwise qualified, eligible.'' ^Executive Correspondence, Worth, vol. i, p. 576. 'Judge Fowle's decision in Martin Superior Court, Register, August 30, 1867. ■^Wilmington Journal, June 22, i§67. * Annual Cyclopizdia, 1867, p. 548. '' Wilmington Journal, June 21, 1867. "The decision is quoted in full in the Register, August 30, 1867. MILITARY GOVERNMENT 229 Interference with the action of the courts was also frequent. In one instance the interference was at the request of the governor. A conviction of burglary had, in accordance with state law, been followed by the impo- sition of the death sentence. The case was one in which Governor Worth wished to lessen the severity of the sen- tence, but under the law he had power only to pardon. At his request General Sickles commuted the sentence to ten years' imprisonment.' Probably the most remarkable case was that of Hen- derson Cooper, a freedman. He had been convicted of rape, on proof beyond any shadow of doubt, in March, 1865, in Granville county, and had afterwards confessed his guilt. He had been sentenced to be hanged, but hav- ing escaped to Virginia, had gone to Washington, where he had been arrested and returned to the custody of the State in the fall of 1866. Later the sentence was about to be carried into effect by order of court, when General Sickles, at the representation of Colonel Bomford, the commanding officer of the post of Raleigh, declared the sentence null and void. Colonel Bomford was ordered to investigate the charges against the prisoner, and a court of inquiry was accordingly instituted. Neither the victim of the assault, the original witnesses, nor the court officers at his trial were summoned. The court of in- quiry reported, without presenting any testimony to sub- stantiate it, and contrary to fact, that the character of the prosecutrix was bad. It further stated that at the time the assault was committed "the woman's husband was en- gaged in overseeing slaves; he was at that time, in fact, in the rebel army." The conclusion of the court was that "a crime has been committed which, although not ' Correspondence Relative to Reconstruction, p. 76. 230 RECONSTRUCTION IN NORTH CAROLINA meriting so severe a penalty as that of death, should re- ceive some punishment." A military commission was then ordered. The State asked to have counsel present but was refused. The commission found the prisoner guilty and sentenced him to be hanged. Just at this point General Canby replaced General Sickles and held that the action of the state court and that of the military com- mission were alike void, and directed that the prisoner should be remanded to the civil authorities for trial on a new indictment. This was virtually an order of release, for the prisoner could have pleaded a former indictment and conviction and the judge would have been compelled to charge the jury to acquit." ' But while the prisoner was confined in Granville jail, it caught fire and he was burned to death. ^ It was reported at the time that he himself set the building on fire in an effort to escape. But there is strong ground for the belief that it was fired from outside with the object of his destruction. Another interesting case was in Buncombe County, where a freedman, after a trial which was acknowledged to be fair by his own counsel, was convicted of an assault. The sohcitor was a Republican, so it could not have been political persecution. The convict was bound out for costs, but an agent of the Freedmen's Bureau at once insisted upon his release, stating that "things were not going on right " in that part of the State as regarded the colored people. He was sustained by the officer com- manding the post, who released the prisoner by military force and made an entry on the court records forbidding further proceedings in the case.^ Provost courts were established at various points to ' Executive Correspondence, Worth, vol. ii, pp. 5-15. ''Ibid., pp. 111-116. ^ Ibid., vol. i, pp. 554-7. MILITARY GOVERNMENT 23 1 have jurisdiction in small cases. The members of these courts were not always chosen with the care which their importance demanded.' These, also, in several instances claimed jurisdiction in matters that were before the state courts. These are examples of numerous similar cases. As interference became more frequent, the position of the state judges became increasingly difficult. They were sworn to execute the laws of the State, and the military orders often conflicted with the law. Judge Merrimon, unwilling to hold the office under the existing conditions, resigned in July.° After some delay his resignation was accepted by the governor and a successor who could take the required oath was nominated. General Sickles then accepted the resignation and appointed the gov- ernor's nominee. - But it was not only the state courts that were liable to military interference, though they alone were power- less to resist it. In June, 1867, the first Circuit Court of the United States held in the South since the com- mencement of the war was opened in Raleigh with Chief Justice Chase presiding. Since the close of the war the justices had declined to hold court in the South on ac- count of military occupation with its attendant cessation of civil authority. Chief Justice Chase in opening the court, said that military authority was still exercised, but that it was not in its power as formerly to control judic- ial process, state or national, and it could " only prevent illegal violence to person and property and facilitate the restoration of every State to equal rights in the Union. ^ For instance, the provost court at Fayetteville was composed of c-omparatively uneducated laborers. '^Executive Correspondence, Worth, vol. i, p. 324. '^ Alexander Little. 232 RECONSTRUCTION IN NORTH CAROLINA This military authority does not extend in any respect to the courts of the United States." ' A different view from this was held by the military commander. Under an ex- ecution issued by order of the court, the marshal at- tempted to sell property in Wilmington to satisfy a debt owed to a creditor outside the State. The post com- mander, Colonel Frank, stopped the execution, and his action was sustained by General Sickles. The matter was then, through the Attorney-General, referred to the President, who sustained the marshal and consequently the court. General Sickles' order was suspended, so far as it applied to the proceedings of the federal courts, and this left the unusual condition of affairs that, while a debtor was protected from creditors within his own State, foreign creditors could obtain relief. General Sickles asked for time to explain his position and action, but in the meantime steps were taken by the Attorney General to obtain an indictment against him for violation of the criminal laws in obstructing the process of a United States court. The President closed the matter by acting on the advice which the Attorney-General had given him more than two months before, and removing General Sickles from command of the second district on August 26, and assigning General E. R. S. Canby to succeed him. General Sickles defended his conduct to General Grant and closed his letter with an expression of what seems to have been the opinion held generally by the military officers. He said: "I do firmly believe that Congress, intending to secure the restoration of these States to the Union, made all other considerations subsidiary to the accomplishment of this end. I do not believe that processes of the courts of the United States ^Annual Cyclopezdia, 1867, p. 547. MILITARY GOVERNMENT 233 should override the orders Congress has empowered me to make for the execution of its measures." ' On the whole, the administration of General Sickles may be said to have been popular in the State so far as any military administration could have been so. It cer- tainly was so with the conservative element which op- posed many of his acts as unconstitutional, but was friendly to him on account of his evident desire for the betterment of economic conditions. His constant ap- peal to the state officers for advice was also liked by the people, and they appreciated his testimony in the State's favor, given on several occasions in public and private.'' He believed in general amnesty, regarding it as neces- sary to successful reconstruction, and favored the re- moval of all disabilities, as he thought that very few who were fit to hold office were enfranchised. ^ These same things made him unpopular with the radical leaders'* whom he ignored utterly in carrying on the process of reconstruction, and who consequently looked upon him with distrust. ' Annual Cyclopaedia, 1867, p. 548. ' When President Johnson visited Raleigh in the summer of 1867, General Sickles, in his speech, said: " Confident that it is gratifying to the Chief Magistrate and the Cabinet ministers present, to witness the admirable bearing of the people of this capital, it is mj' duty to testify to the President that what he has seen to-day in the capital, prevails everywhere over the broad surface of your noble State." — Wilmington Journal, June 7, 1867. ' Letter to Senator Trumbull, July, 1867. * The radical convention, which met in Raleigh in September, 1867, passed resolutions of respect for General Sheridan, who had lately been removed from command of a district, but made no mention of General Sickles. 234 RECONSTRUCTION IN NORTH CAROLINA 3. MILITARY GOVERNMENT UNDER GENERAL CANBY. ' The assumption of command by General Canby brought no marked change from the policy of his predecessor. All orders of the latter were declared in force soon after General Canby reached South Carolina. ' In time, how- ever, certain modifications were made. The first new order issued from the military headquar- ters was one giving notice to all persons who, through absence from the State or other cause, had failed to give their parole, to do so within thirty days. ^ The jury order of General Sickles was then modified by making the right to vote the only qualification. ■> In other internal affairs there was the same interference. Authority was given for the suspension of the payment of taxes under certain conditions ; provision was made for compelling citizens by military authority to work the roads and build bridges ; ^ and, by proclamation, an official interpretation was given to certain laws of the State.* The refusal of clerks to issue marriage licenses, in cases where the parties were of different races, was declared a violation of United States law, which furnished ample remedy and redress to the injured parties.' "General Order No. 10" was modified and a change made in the date to corre- spond with the secession of North Carolina, May 20, 1861, being substituted for December 19, 1860.^ 'The orders issued during Gen. Canby's administration are to be found in Sen. Ex. Docs., no. 341, 40 Cong., 2 sess. Reference will only be made to the number of the order and the page. '■General Orders, no. 85, p. 60. ^ Ibid., no. 86, p. 60. ^ Ibid., no. 89, p. 61. ''Ibid., no. 95, p. 62. ^ Ibid., no. 134, p. 75. ''Sentinel, April 11, 1868. A letter of General Miles, dated Novem- ber 10, 1867, was quoted in full. * General Orders, no. 164. MILITARY GOVERNMENT 235 The important work of registration was carried on under General Canby. Finally, on October 18, he de- clared registration completed, and issued the order for an election to be held November 19 and 20. The usual regulations for the conduct of an election were made. Sheriffs and other peace officers were ordered to be in attendance ; soldiers were forbidden to approach the polls except as qualified voters ; all saloons were ordered to be closed, and members of the boards of registration, who were also candidates for the convention, were for- bidden to serve as judges of election in their respective counties. The "iron-clad" oath was required, which excluded most native whites from service as election officials.' In the latter part of October, the decisions of the general board of rules and regulations in regard to grounds of challenge were revised.'' The circular shows the interpretation of General Canby as to disqualification for registration. The decision of General Sickles that, in case entering the service of the Confederacy or giving aid and comfort to its adherents had been involuntary, no disqualification existed, had already been published. Under the interpretation of General Canby the holding of only certain specified offices prior to the war consti- tuted a disqualification. Among them were the follow- ing: sheriff, county clerk, member of the legislature, justice of the peace, school commissioner, tax collector, constable, postmaster, and marshal. But no disqualifica- tion was caused by having held any of the following positions : deputy sheriff, deputy marshal, assistant ' It is impossible to discover how far this rule was carried out. Accu- sations were made that it was disregarded. ' Circular, p. 69. 236 RECONSTRUCTION IN NORTH CAROLINA postmaster, clerk of the state Senate, keeper of a light- house, or notary public.' As to the question of what constituted aid to the Con- federacy, it was held, among other things, that invest- ment in Confederate bonds, collecting supplies for the Confederacy, making speeches in support of the war, and holding a mail contract or any civil or military office were acts that carried disqualification. But making charitable contributions or being a candidate for ofifice did not constitute aid and comfort in the disqualifying sense. Hiring out horses to the Confederacy was dis- loyalty, but hiring to Confederate soldiers was not. The result of the registration was as follows : ^ Whites 106,721 Blacks 72,932 Total 179.653 Nineteen counties ^ had negro majorities, and in sev- eral others the white majority was less than a hundred- No definite idea can be formed of the number disquali- fied on account of disabilities imposed by the reconstruc- tion acts. The registration of 1868, when the disabili- ties did not have the effect of disfranchisement, showed a gain of 17,220. But many who were qualified did not register in 1867 and did so in 1868. ■* ' These are only a few of the cases cited. ' This is the revised total. The first result was, whites, 106,060; blacks, 71,657. ' Bertie, Caswell, Chowan, Craven, Edgecombe, Franklin, Granville, Greene, Halifax, Hertford, Jones, Lenoir, New Hanover, Northamp- ton, Pasquotank, Perquimans, Pitt, Richmond, and Warren had negro majorities, *Gen. Canby, in 1867, estimated that 11,686 whites and 493 blacks were disfranchised by the act of Congress. Also that in 1867, there were 7,791 whites and 2,796 blacks qualified who did not apply for reg- istration. The estimate was made without any evidence to support it and is utterly valueless. MILITARY GOVERNMENT 237 Many accusations of fraud in the registration were made, but there was no disturbance of any kind during the whole period. It is undoubtedly true that many negroes not of age were registered. But the difficulty of determining their age could not be overcome, even had it been desired, for in most instances they them- selves were as ignorant of the truth as the registrars. As a general thing, a negro could register upon applica- tion, even if previously convicted of felony. There was also a tendency on the part of the registrars in many places to deny registration to those who they knew were opposed to reconstruction. But it is probable, speaking generally, that the registration was as fair as could be expected under the system employed.' As regards the qualification of the new electorate for the exercise of the franchise, the primary fact naturally was the dense ignorance among the negroes. Many of them, moreover, were vicious and idle, but probably not in so great a proportion as during the years immediately following. Certainly they were not so vicious. From the nature of things, also, they were able to bear a very small part of the burdens of citizenship and paid a very small part of the taxes.'' ^The above was written after discussion of the matter with partici- pants in the election from dififerent parts of the State, of different polit- ical belief, and of both races. 'The Wilmington Journal Qsi November 17, 1867, had an interesting comparison of the number of negroes registered witli those listed for poll tax. Only 33,000 were listed as compared with 72,932 registered. Probably one-third of those registered were over forty-five years of age and, consequently, exempt from the payment of poll tax. This left 14,771 who bore no part of the expenses of government. In Cherokee and Edgecombe counties, employers listed the negroes, with the result that Cherokee showed more listed than registered, and Edgecombe, after deduction of the estimated one-third exempt from the listed, showed the two classes equal. 238 RECONSTRUCTION IN NORTH CAROLINA Only a small number of removals from ofifice were made by General Canby. But his appointments in some instances were criticised, and justly. For example, in Jones County the sheriff was removed, and a Northern man, who had only lately become a resident, appointed. No official bond was required." Seventeen magistrates were also displaced. In Craven and Pitt the old sheriffs were removed and replaced by carpet-baggers.' The civil courts had only a nominal authority, their action being subject to revision by the military authori- ties. In consequence. Judge Fowle resigned, being un- willing to enforce military orders that were contrary to state law. A. W. Tourgee was mentioned as his suc- cessor, and notwithstanding the fact that he had never been licensed to practice law in North Carolina, would have been appointed but for the opposition of Governor Worth. The governor recommended and secured the appointment of Colonel Clinton A. Cilley, who had for- merly been in command at Salisbury, and, as agent of the Freedmen's Bureau there, had won great popularity, and having left the army, had settled there and com- menced the practice of law. 3 A direct consequence probably, of the practical over- throw of the civil courts, was an increase in crime of every sort. The latter part of 1867 showed the begin- ning of the lawlessness which was to culminate a few years later. The sudden elevation of the negroes to the position of voters did not have a peaceful effect on either race, and violence on the part of one was met v/ith violence by the other.-* The most common ottence was, ^Executive Correspondence, Worth, vol. ii, p. 107. ''/bid., p. 507. '^Ibid., pp. 55, 70. *The reports of crime were published in the Report of the Secretary of War for 1867, Ho. Ex. Docs., no. i, p. 350, 40 Cong., 3 sess. They show an appalling condition of afifairs, but as North Carolina and South Carolina were grouped, no separate figures for the former can be given. MILITARY GOVERNMENT 239 naturally, larceny. The military tribunals inflicted pun- ishment in a few instances, but the State was full of wandering negroes who could not be identified readily. In Orange County nine burglaries were committed within two weeks.' Conditions became so bad in some sections that General Canby authorized the formation of a police force composed of loyal whites and blacks in the ratio of registration. The mingHng of the races was not popular, and few counties availed themselves of the opportunity.'' In April, 1868, a provost court with juris- diction over thirty-two counties was established at Raleigh, and J. T. Deweese was made judge. The military force in the State was very small during the whole of 1867. In the autumn, the posts were con- solidated into four, with headquarters at Wilmington, Raleigh, Goldsboro, and Morganton.^ In general, conditions were worse in the State than during the administration of General Sickles. More dis- satisfaction was expressed with the military government ' Hillsboro Recorder, March 27, 1868. '^Sentinel, January 27, 1868. Jones, Craven, Lenoir, and Pitt coun- ties had such organizations. ' The following table shows the number of troops and where they were stationed for most of the time: Place. Companies. Officers. Men. Raleigh i 7 Fayetteville i 8 80 Salisbury i 4 77 Wilmington 2 4 53 New Bern i 5 140 Charlotte i 3 74 Morganton 2 7 188 Fort Macon i 3 99 Goldsboro 3 9 229 Plymouth i 3 85 Total 14 S3 1025 240 RECONSTRUCTION IN NORTH CAROLINA and more was felt. The workings of the reconstruction acts became increasingly unpopular with a majority of the white people. Bitterness, too, increased, particularly after the opening of the campaign for the convention. General Canby's name became associated in the minds of many with the conditions which prevailed during the period in which he was in command, and he was per- sonally not so well liked as General Sickles had been. In part, this may have been due to the fact that he was of Southern birth. Another cause was the fact that he generally ignored the state administration, and also that he never came into the State from the time he assumed command until January, 1868.' 4. STATE POLITICS AND THE ELECTION OF 1867. As has been noted previously, ° a plan originated with the minority members of the legislature for calling a convention of the people. This was rendered unneces- sary by the passage by Congress of the supplementary reconstruction act. But the committee chosen to manage affairs had already called a meeting in Raleigh and published a list of persons they wished to attend. These were one hundred and forty in number and in- cluded the leaders of the opposition to Governor Worth in 1866. There were also a number of Northern radi- cals who had settled in the State and had shown a dis- position to take an active part in politics. The primary meeting which issued the call was presided over by C. L. Harris. Its germ may be found in the meeting of the previous September when Alfred Dockery was nomi- nated for governor. The meeting instructed Harris, ^Executive Correspondence, Worth, vol. ii, p. 53. ^ Cf. supra, p. 222. MILITARY GOVERNMENT 241 "in the interests of harmony," to see the negroes and ascertain their wishes.' The determination which had now been reached by the extreme radicals was expressed by Holden in a characteristic editorial. He said on March 13, "The people of this State have at length reached a point when they must act and restore the State to the Union, or incur the hazards of anarchy and civil war. The Union people of this State especially have borne as much and as long as they intend to bear. All honest, thoughtful, decent citizens will either unite with them in the work of restoration or retire and remain quiet. Traitors must take back seats and keep silent. The loyal people, thanks to Congress, are now about to take charge of public affairs. The issue is Union or Disunion. He who is not for the Union de- serves to have his property confiscated and to suffer death by the law."^ A week later he threatened that if the " rebel " leaders took any part in opposition to re- construction, they would "pull down on their own heads that final and irrevocable ruin which they so richly de- serve. Is Governor Graham pardoned? Is Governor Vance pardoned? Congress may sweep away all par- dons. There are some it will sweep away." Although the original purpose of the convention was made unnecessary by the act of Congress, the call was continued and the meeting was held on March 27. A large number of delegates, white and black, were pres- ent, representing fifty-six counties. When the question of organization came up, R. P. Dick suggested that the meeting should proceed to the organization of the Republican party in North Carolina. ' Harris had been, a short time before, probably the most determined opponent of the admission of negro testimony. 2 Standard, March 13, 1867. 242 RECONSTRUCTION IN NORTH CAROLINA This had been the well-known intention of many of the delegates, and excited no surprise. Daniel R. Goodloe, the only native North Carolinian present who had a record clear of any adherence to the Confederacy or to secession, and who had been a Republican since the organization of the party, opposed this on the ground that it would prevent the cooperation of many desirable persons, if a name should be adopted which had previ- ously been so odious to the Southern people generally, "and," he added, "to the great majority of your con- vention." B. S. Hedrick also opposed it, and suggested that "The Union Party" should be the name adopted. Both of these opposed any permanent organization at the time. But the sentiment of the convention was overwhelmingly in favor of identification with the Re- publican party, and the name was adopted. In a spectacular 'way the colored delegates were given a prominent place in the convention. The proceedings were opened with prayer by a colored minister, and upon organization, the president was escorted to the chair by a white delegate on one side and a colored del- egate on the other. The negroes made a great many speeches, but took little part in the debates. Most of the white speakers expressed delight at the advancement of the negroes to the right of suffrage. The New York Tribune said that the convention showed that the "loyal" white people were willing to "unite with the colored men on terms of absolute equality."' Whether this was true or not, it cannot be denied that such seemed to be the case. Resolutions were adopted by the convention declaring the full agreement of the delegates with Republican doc- ' Quoted in Standard, April lO, 1867. MILITARY GOVERNMENT 243 trine, and arrangements were made for a state organi- zation. ' As was to be expected, the convention received its full share of abuse. Its members were given titles that were hardly relished by them, such as " Holdenites " and " Holden miscegenationists." The claim of the newly- organized party to a monopoly of loyalty seemed worse than absurd to the Conservatives, and the leaders of the party were all distrusted by their opponents on account of their former records. Nor was the name of the party more popular in North Carolina than in the other States. In this expressed dislike of the Republican party, the former Whigs were leaders. The Democrats, who had formerly been most bitterly hostile to the party, were not at all prominent in political affairs just now. As has been seen, the state administration was in the hands of former Whigs who had opposed secession until the call for troops, and some, like Jonathan Worth and Josiah Turner, until the passage of the secession ordinance. Those who had originally favored secession were in al- most every instance in political retirement. With most of them this retirement was voluntary. They were fully conscious of defeat and ready to accept the decision and final settlement of the questions involved in the late struggle, and they did not care at this time to take any active part in politics. Most of them were convinced that things were in general out of joint, and their most acute sensation was one of regret at the failure of the Confederate catise. To arouse them from this condition of mind, a change of conditions was necessary. This was accomplished by the enforcement of the reconstruction acts. In 1865 and later, the Democratic party seemed ' Standard, April 3, 1867. 244 RECONSTRUCTION IN NORTH CAROLINA dead forever in North Carolina, but the organization of the Republican party in the State under the leadership of W. W. Holden, R. P. Dick, and Thomas Settle, three former Democrats, and the first-mentioned the father of the secession movement in North Carolina, began its re- suscitation. The first manifestations of feeling were directed against the men composing the Republican party. There was no organized opposition as yet, and there was no pros- pect of any opposition of importance to the reconstruc- tion acts.' Holden, naturally, was the favored object of attack, particularly of the Sentinel. To the attacks of this paper, Holden responded, " Every line of his [Pell's] paper containing treasonable sentiment is equal to an acre of land." The organization of the Republican party was carried on in every county. A feature of it was the revival of secret political societies. The Heroes of America and the Union League were largely extended in membership, the latter being particularly valuable to the party in the organization of the negroes. It, more than anything else, made the efforts to divide the negro vote an utter failure. Such an attempt was made in Raleigh by the calling of a colored mass meeting, at which Governor Worth and several other Conservatives were asked to speak. But apparently it made no impression upon the negroes. As a matter of fact there was no general dis- ' The Sentinel of April 27, 1867, expressed very well the feeling of a great many: "Again we urge our readiness to unite our people upon the one simple platform of the Congress. We argue that only those shall vote in North Carolina whom the Congress says shall vote. We agree that only those shall hold office whom the Congress says shall hold office. We agree that those disabilities shall exist as long as the Congress says they shall, but no longer. This is the law. Is this not Republican? Is this not Radical enough? MILITARY GOVERNMENT 245 position evident among the Conservatives to form any alliance with the negroes. Another means employed to assist in organizing the party was a succession of visits to the State by leaders of the national Republican party. Senator Wilson and Hon. W. D. Kelley were among those who spoke at different places in the State. The failure of General Sickles to abolish the existing state government was, a source of constant annoyance to the radical leaders. Consequently, when Congress met in July, a committee from the State was sent to Wash- ington, headed by James H. Harris, who had become the political leader of the freedmen, to petition that the existing state administration might be removed, and also that Holden might be relieved from his disabilities.' But their efforts were unsuccessful. As the summer advanced a division in sentiment ap- peared among the Republicans. The radical element had a decided leaning towards confiscation, and were, in general, inclined to be proscriptive. Holden favored a test oath which would disfranchise many of the oppo- nents of the Republican party. ^ This kind 01 thing was persistently urged upon the colored people. Daniel R. Goodloe, who had begun the publication of a newspaper in Raleigh,^ was foremost in opposition to this policy. His advice was always towards moderation. He said, " Listen to no man who whispers the word confiscation in your ears or disfranchisement, or injury in any form to your law-abiding white neighbors." He warned them that the result of confiscation would be general ruin to black and white alike, and advised them to be suspicious ' Philadelphia Press, July 11, 1867; Standard, July 24, 1867. ' Standard, March 20, 1867. ' The Utiion Register. 246 RECONSTRUCTION IN NORTH CAROLINA of anyone leading them by promises of the kind. "Ask them," said he, "how long they have been champions of your rights. In ninety-nine cases out of a hundred you will find that such men would have sold you to the sugar and cotton planters of the far South at any time before you were set free." ' The question came up more definitely at the Repub- lican state convention which was held in September in Raleigh." Over seventy counties were represented, the negro delegates predominating. In fact the convention was largely controlled by the negroes led by the North- ern men present. This was sho^vn by the debate on the election of a permanent president, General Abbott was nominated, and the nomination was opposed by Gen- eral Laffin, himself a Northern man, who stated that it was bad policy to put Northern men in the important positions. General Abbott's organization, however, was too strong for the opposition and he was chosen, the colored delegates deciding, after a consultation among themselves, in his favor, and, as a peace offering to the native whites, electing Holden chairman of the state executive committee. Alfred Dockery had been led to believe that he would be chosen to preside and had come prepared, but, to his great disgust, was never mentioned during the discussion in connection with the position. The resolutions passed at the March conven- tion were chosen as a platform. Additional resolutions were then introduced opposing confiscation and favoring unlimited suffrage and the removal of disabilities from all "loyal" men. The resolution regarding confiscation ' Letter to Republican meeting, July 17, 1867. Register, July 30, 1867. The account of the convention is gathered from the Standard, Sep- tember II, 1867, and the Register, September 6, and 13, 1867. MILITARY GOVERNMENT 247 brought on a sharp debate. The majority of the colored men present ' and quite a number of the whites were too favorable to the idea of confiscation to go on record against it, and a substitute for the resolution, expressing willingness to abide by the action of Congress in the matter, was adopted. The other resolution was then tabled. There was evidently a strong disinclination on the part of those in control to advise a removal of dis- abilities, even of those who were acting with the Repub- lican party. In fact there were a number of Northerners present who felt that their chances of political success would be greatly lessened if there should be any gen- eral removal of disabilities. Their political ambition ex- plains the failure to pass any resolution for the relief of the " loyal." Hatred of political opponents caused great bitterness of expression. One delegate, ° in reply to a conciliatory speech made by James H. Harris, said, "They should be taught that treason should be made odious. Their children ought to be forced to say, ' My father was disfranchised on the ground of endeavoring to destroy the best government that ever the sun of high Heaven looked down upon.' " John T. Deweese, an Indiana carpet-bagger, who had had an extended career of disgrace in the army, made a violent attack upon the President for which he was dismissed from the service. 'A. H. Galloway, a negro delegate from New Hanover, opposed con- fiscation, but desired owners of large estates taxed a dollar an acre, in order that the land might be sold by the sheriffs and an opportunity given the negroes to buy land. ^ W. F. Henderson. He was indicted a few weeks later for steaUng a horse or mule. Goodloe, in commenting upon this, said: "A revolutionary period like the present is particularly favorable to that sort of patriotism which Dr. Johnson declared to be the resort of a scoundrel." Register, Oct. 11, 1867. The indictment failed, but was destined to serve a purpose for his opponents later. 24c RECONSTRUCTION IN NORTH CAROLINA He was soon appointed commissioner in bankruptcy. He made bankruptcy so attractive, by promising that the United States government would collect for the bankrupt all bad debts, that many went into it and paid the exor- bitant fees which he demanded. Many then considered themselves discharged, only to find later that Deweese had appropriated the fees to his own use and that they had to pay them a second time. ' The whole tone of the members of the convention was proscriptive. Men like Goodloe, who desired harmony in the State, dissented very vigorously from the senti- ments expressed, and pointed out that little sympathy could be expected from those who had not yet joined the party. As a matter of fact the leaders of the party did not desire the former political leaders of the State to join the party, knowing that it would interfere with their own plans. Goodloe declared that the action of the conven- tion would utterly alienate the races from each other, and indicated the sentiment of the convention and its supporters to be " that white men had no rights which black men are bound to respect." ' The ratification meetings, which followed all over the State, emphatically opposed this tendency of the convention, and Holden saw that he and his followers had been too hasty, and employed a good deal of space in several issues of his paper in attempting to prove that there was no desire on his part for confiscation. ^ But he soon returned to his threatening attitude, and in speaking of the possibility of a conservative majority in the convention, he said that dire penalties would follow it, and closed with the ' Sentinel, May 28, 1870. ''■Register, October 18, 1867. ^Standard, September 19, i?,()y, passim. MILITARY GOVERNMENT 249 following statement : " The man who gets in the way in this crisis of restoring the Union according to the will of the nation should not only lose the last acre of land he has, but he deserves death by the halter." ' Gen- eral Abbott, in a speech at Wilkesboro, said, " Twenty years from today, I would rather be a negro than a white man in North Carolina." A plan of centralized organization was adopted by the convention. Goodloe declared that this was intended to control the vote of the negroes in the interest of schem- ing whites — " to parcel out the offices among the Ring men" — and refused to acknowledge it as binding. ° He then called for a new organization of the party, declaring the other "a preposterous abortion." ^ Holden imme- diately " read him out " of the party and Goodloe retorted with considerable force, expressing a doubt as to the former's power in the matter. ■• Finally the executive committee met and passed a set of resolutions denying any desire for confiscation. In the meantime, an address to the people was prepared by John Pool, setting forth the conservative Republican doctrine. With this view men of the type of R. P. Dick and Charles R. Thomas agreed. ' As may be supposed, these disagreements in the new party were v/atched with delight by its opponents, and a ^Standard, September 21, 1867. "^Register, September 13, 1867. ^ Ibid., September 24, 1867. * Goodloe said: "Seriously we would respectfully suggest to Mr. Holden the propriety of his getting inside the Republican party, before he attempts to read out of it men who were of it and with it when it was founded. If he were not a disfranchised rebel, he would be but a probationer of less than six months standing; and his efforts to put us out, who, in our humble way, assisted in organizing one of the first Republican organizations in the United States, may seem to some peo- ple immodest, not to say impudent." — Register, September 20, 1867. ^Register, October i and 22, 1867. 250 RECONSTRUCTION IN NORTH CAROLINA feeble, half-hearted attempt was made by some of them to weaken them further by dividing the negro vote. This was largely the work of the Sentinel, which was still in favor of voting for a convention. But this action was unpopular and the position of the Conservatives was finally taken — to make the fight on the question of negro suffrage, declaring their unqualified opposition to it and denying the constitu- tionality of the whole reconstruction policy of Congress. This decision was largely due to the advice of William A. Graham. A call for a state Conservative convention was issued by the Sentinel, and later by over one hundred citizens of AVake County, and in the latter part of September it met in Ral- eigh. The meeting did nothing beyond passing resolutions denoimcing the action and prescriptive tendency of the Republican convention. Many of the Conservatives, in- cluding Governor Worth, were opposed to any organiza- tion. The fact is, they were so utterly discouraged and dis- organized that it seemed impossible to reach any settled policy. Governor Worth had issued an address to the peo- ple urging them to register and vote, but no advice had been given as to how they should vote. Another Conservative meeting was called, and several prominent men were invited to attend and speak. William A. Graham wrote a letter to this meeting, in which, after expressing his unqualified op- position to any recognition of the right of the negroes to vote, he advised the Conservatives to vote against a con- vention.^ B. F. Moore, although denying the constitution- ality of the reconstruction acts, wrote the meeting that he would take no part in it as he favored a convention. No definite action was taken by the meeting on the question of negro sufTrage, but the position of the Conservatives was ' Sentinel, October 16, 1867. MILITARY GOVERNMENT 251 settled from this time on. The Sentinel still persisted that it did not favor a white man's party, but in this respect its influence was gone. As will be remembered, the supplementary reconstruction act required that a majority of those registered had to take part in the election to make it valid. Despairing of a ma- jority of the vote cast, the Conservatives in several of the Southern States now devised a plan for accomplishing the defeat of the convention. All Conservatives were urged to register and vote for delegates for a convention, but to cast no vote on the question of holding a convention. But General Canby defeated this project by an order tO' the effect that no votes for delegates should be counted unless accompanied by a vote on the convention question.^ Con- servative , candidates were nominated in almost every county, but their canvass was listless. The election was held November 19 and 20. The result was as follows : Registered voters 179.653 Votes cast 125,967 For convention 93,oo6 Against convention 32,961 Not voting 53,686 Only two counties. Orange and Currituck, had a majority opposed to a convention. The vote for a convention showed not only a majority of the votes cast, but also a majority of the registered voters. Those who failed to vote were for the most part white, very few of the negroes failing to exercise the privilege.' 2 ' Wilmington Journal, November 15, 1867. ^ General Canby, by means of an estimate, proved to his own satis- faction that T 1, 210 registered negroes failed to vote. Apart from any question of the accuracy, in general, of estimates made by proportion, it is a known fact that the figures could not be correct. 252 RECONSTRUCTION IN NORTH CAROLINA By the failure of the Conservative voters to exercise their right, the Republicans obtained an enormous majority in the convention. No explanation can be given of this failure to vote beyond the widespread feeling that it was. useless to resist Congress, and that, consequently, it would be without profit to gain a majority in the convention. Numerous accusations of fraud were made by the Con- servatives, but, as there was no hope of redress, were not pressed. That fraud existed is known, but to what extent is impossible to ascertain.^ In one instance at least, and prob- ably in more, a candidate for the convention was also an election official.^ The day of the election the Sentinel took the position that a white man's party was necessary, and with this declaration as a platform, the Conservatives rallied for the remainder of the period of Reconstruction. 'The writer has been informed by a Republican, prominent at the time, that fraud was practiced generally. In Rockingham County the polling places were changed on the Saturday night preceding the elec- tion, and no public notice was given. In this way many white voters, were prevented from voting. — Sentinel, November 23, 1867. 'Gen. Byron Laflin in Pitt County. CHAPTER SIX The Convention of 1868 and its Work I. THE convention OF I^ x-^T the call of General Canby the convention met in Ral- €igh on January 14, 1868. The Republicans had a majority of ninety-four, the Conservatives having elected only thir- teen delegates. Of the one hundred and seven Republicans, at least eighteen were " carpetbaggers " and fifteen were negroes. Many of the " carpetbaggers," or " squatters," as they were called in North Carolina, had formerly been offi- cers in the Union army. The more prominent of them were General Joseph C. Abbott, a native of New Hampshire and formerly an editor and lawyer; Lieutenant Albion W. Tour- gee, a native of Ohio, a graduate of Rochester University, and a former officer of the 105th Ohio volunteers; General Byron Laflin, a native of Massachusetts, formerly colonel of the 34th New York Infantry, and Major H. L. Grant, of the 6th Connecticut volunteers,^ and a native of Rhode Island. Of the other carpetbaggers, David Heaton had been a special agent of the treasury department and had settled in New Bern ; S. S. Ashley was a native of Massa- chusetts and a minister, little else being known of his past history; ^ John R. French was a native of New Hampshire ' He was a paymaster in the volunteer army in the late war with Spain and was for a number of years clerk of the United States court for the eastern district of North Carolina. ^ The Sentinel constantly asserted that Ashley was of negro blood, and quoted as proof an account in the A'ew York Observer of the pro- ceedings of the American Missionary Association, which so classed liim. Sentinel, May 28, 1868. 253 254 RECONSTRUCTION IN NORTH CAROLINA who had been a newspaper editor and twice a member of the Ohio House of Representatives. He had come to North Carolina as a direct tax commissioner.^ Of the white native North Carohnians in the convention, none had been previously of any prominence in the State, few being known at all outside their own counties. W. B. Rodman had been known as an able lawyer and as an earn- est advocate of secession. He, with Calvin J. Cowles and J. M. Turner, was disfranchised under the reconstruction acts, but the fact that they were Radicals prevented any action's being taken to unseat them. Several of the colored delegates were, comparatively speaking, men of considerable ability. James H. Harris was an orator of great power and had a fair education. With J. W. Hood and A. H. Galloway, he shared the lead- ership of the colored members.^ None of the Conservatives were men of political promi- nence. The two who at once took the most prominent part in the debates of the convention were Captain Plato Dur- ham and Major John W. Graham, both Confederate sol- diers and men of education.^ Temporary organization was effected the first day. The next day permanent organization was completed by the elec- tion of officers. Calvin J. Cowles was chosen president. ^ The other " squatters " were Edwin Legg, W. A. Mann, D. J. Rich, A. W. Fisher, W. H. S. Sweet, F. F. French, J. H. Renfrew, D. D. Colgrove, Henry Chilson, J. W. Andrews, and Edward FuUings. The four first mentioned had been Union soldiers. ' The other colored members were Wilson Carey, John Hyman, J. H. WiUiamson, Henry Eppes, J. J. Hays, H. C. Cherry, P. D. Robbins, Bryant Lee, C. D. Pierson, Cuffee Mayo, Samuel Highsmith, and J. W. Peterson. ' The latter, who was a son of William A. Graham, had been, before the war, a tutor in the University of North Carolina. THE CONVENTION OF 1868 AND ITS WORK 255 The fact of his disabilities was ignored at the time, but later in the session a committee was appointed to examine and make a report in regard to the validity of his signature, as he was not a registered voter. The committee presented an elaborate report, which declared that the general com- manding was the judge of the qualifications and election of members.^ The convention had already decided that Cowles should occupy the chair for the rest of the session, regardless of the finding of the committee.^ The conven- tion was thus inconsistent, for it summarily declared un- seated two Conservative members whom General Canby had declared elected, and neither of them was summoned before the committee before the resolution declaring their seats vacant was introduced.'' The election of Cowles caused general surprise in the State, as it was supposed that Gen- eral Abbott and Heaton both desired the position and that one of them would be elected. Each was ambitious, but probably each concluded that more reputation and in- fluence could be gained on the floor of the convention than as its presiding officer. Cowles was a sincere man of un- impeachable honesty, of only fair ability, and of no political experience. He was entirely favorable to Reconstruction and, accepting the carpetbaggers as leaders, was thor- oughly under their influence. Their support, combined with the fact that he was a close connection of Holden's by mar- riage, procured his election. An effort was made immediately after organization to se- cure the passage of a resolution declaring that the conven- tion would not consider any legislative proposition until a constitution had been adopted. This met with little ap- ' lournal, p. 400. ^ Journal, p. 372. 3 These were Williams, of Sampson, and Marler. — Journal, p. 314. 256 RECONSTRUCTION IN NORTH CAROLINA proval and was referred to a committee and there sup- pressed. On the third day, action was taken in regard to criticism of the convention by the newspapers and their derisive com- ments upon it. The day the convention met the Sentinel had voiced the sentiment of the majority of the white peo- ple of the State, saying, in part : THE CONVENTION (so CALLED) The pillars of the Capitol should be hung in mourning to-day for the murdered sovereignty of North Carolina. In the hall where have been collected, in days gone by, the wisdom, the patriotism, the virtue of the State, there assembles this morn- ing a body convened by an order of Congress, in violation of the Constitution of the United States, and in utter disregard of the constitution of North Carolina, a body which, in no sense as a whole, represents the true people of the State, which has not been elected according to our laws nor chosen by those to whom those laws have committed the right of suffrage. In the seats which have been filled by some of the best and truest sons of North Carolina will be found a number of negroes, a still larger number of men who have no interests or sentiments in common with our people but who were left in our midst by the receding tide of war, and yet others who have proven false to their mother and leagued with her enemies. The other Conservative papers at once took up the nick- name " So Called " and it was used during the whole session whenever the convention was mentioned. In addition, the Sentinel, in reporting the proceedings of the body, desig- nated the colored members by placing " negro " after their names. This caused much indignation in the convention,'' and Abbott offered a resolution excluding from the hall of ' J. W. Hood, a negro delegate, in protesting against the language of the Sentwel, said that there was not a negro in the convention. THE CONVENTION OF 1868 AND ITS WORK 257 the convention the reporters of papers which treated the convention or its members with disrespect. After a heated debate, the resolution was passed, several of the moderate Republicans present voting with the Conservatives against it. The Conservative delegates then entered a formal pro- test. This was objected to and consequently was not re- ceived at the time. Later, however, the president decided to allow it to be entered upon the journal. By the resolu- tion it was left to the president to decide what reporters should be excluded. For some time no one was refused ad- mittance, but finally the reporter of the North Carolinian was expelled from the hall for the language of his report of the proceedings, which, he avowed, v^^as intended to be insulting, if it were possible.^ The Conservatives realized fully their utter helplessness, and decided to act in such a way as to make the policy of the Radicals stand out clearly. Throughout the entire ses- sion, led by Durham, Graham, and Hodnett,^ they were a constant source of annoyance and trouble to the Republi- cans. The convention, according to precedent, had very few offices within its gift, and, strange to say, created compara- 1 Journal, p. 97. The language was as follows : " The performance began at the usual time." The word " negro " was, also, prefixed to the names of the colored delegates. Throughout the rest of the session of the convention the paper's accounts of the proceedings were after the following type : " Manager Cowles' Museum ! " Wonderful Performances in Natural History! ! "The Cowles Museum contains Baboons, Monkeys, Mules, Tourgee, and other Jackasses. Also McDonald, Eppes, Congleton, Mayo, and ' other horned cattle ' too tedious to mention," North Carolinian, Feb. II, 1868. ' Philip Hodnett was elected as an independent candidate and was supposed to be a moderate Republican, but he soon became disgusted with the radicals and acted throughout with the Conservatives. 258 RECONSTRUCTION IN NORTH CAROLINA tively few/ The most useless, probably, was that of ser- geant-at-arms. This was created to satisfy the claim of Colonel I. A. Peck, a former Union soldier, who had been very active in the organization of the Republican party in the State. A reporter was also elected to make a place for another faithful party-worker.^ The idea of official reports of the debates also appealed to some of the delegates." The convention, by comparison with all previous public assemblies in North Carolina, was exceedingly expensive and extravagant. The per diem of members was set at $8, with twenty cents mileage each way. This was a compro- mise between the views of General Abbott, who wished it to be $10, and quite a number of others who, considering the condition of the state finances, wished something very low. Attempts were made by several members at different times to have a limit set to the number of days for which remuneration should be received. Tourgee wished the per diem reduced to $4 after thirty days. A resolution provid- ing that, after March 12, no member should receive any pay, was characterized as discourteous.'' Every proposition of the kind was voted down, almost without debate. The ' So far as can be ascertained by the writer, the following is the list of the employees of the convention: i reporter at $8 per day; i secretary at $8; i assistant secretary at $4; i engrossing clerk at $6; 5 clerks at $4 each ; 2 doorkeepers at $2 each ; i sergeant-at-arms at $8; and 3 servants at $2 each. Ashley, early in the session, introduced a resolution providing" that the term " servitors " should be substituted for employees as more respectful. This was evidently designed to win favor with the negroes. ' Joseph W. Holden, the junior editor of the Standard and the son of W. W. Holden, was chosen. He was already the reporter of the debates for the Standard. The reports were never published in book form. ' Wilson Carey, a colored delegate, said he favored the publication of the debates, as he intended to "expatiate" to the convention and wanted his words recorded in the " archives of gravity." * Standard, March 3, 1868. THE CONVENTION OF 1868 AND ITS WORK 259 compensation of the president was fixed at $12 per day, with the same mileage as the other members. At the close of the session he was directed to remain at Raleigh and sign warrants, receiving for his services $6 per day while so employed. Absence on the part of the delegates was fre- quent, and a resolution providing that no member should receive pay for the days he was absent met with prompt re- jection. Many members left before the end of the session, and, with the consent of the convention, drew their pay to the time of adjournment.^ Fraud, too, was evident in the mileage accounts. For in- stance, the member from Harnett County, who could not have lived at the most more than fifty miles from Raleigh, and who actually lived only about thirty miles away, charged mileage for 263 miles each way." J. W. Hood, a colored delegate from Cumberland, who lived sixt)' miles away, charged for the same distance. There were numerous cases of this kind, but the majority had no conscience in the matter, and although a resolution was passed directing the sheriffs of all the counties to publish the names, residences and correct mileage of all the members, it was never en- forced. Fraud was common in the purchase of supplies also. Prices far above those of the market were charged and paid, particularly for wood and stationery.^ ' Journal, p. 451. ^Auditor's Report, 1868, p. 62. Sentinel. March 28, April i, 1868. The Sentinel said that he had probably gone to the Cape Fear boat, which was further away than Raleigh, and then had come by way of Wilmington. Other interesting charges were made as follows : Carey, the delegate from Caswell, charged for one hundred and fifty miles each way; Eppes and Hayes of Halifax, for two hundred and twenty- three each way. Sentinel, March 27. 1868. ' J. T. Deweese, a register in bankruptcy, and D. J. Pruyn, another carpetbagger, furnished wood at $6 per cord, when the market price was $4.75. The Conservatives made such an outcry at this that $1 per cord was deducted from their next account. Journal, p. 425. 26o RECONSTRUCTION IN NORTH CAROLINA Little regard was had for the necessity of completing their work. For a considerable time only one session was held each day. Later two were usually held. When the Republican state convention met in Raleigh, the convention met each day only for roll call, that pay might be drawn, and then adjourned that the members might take part in the proceedings of the Republican meeting. The question of the payment of the members and officers of the convention came up soon after the convention met. At once a loan of $10,000 was authorized, in order that mileage might be paid.^ An ordinance was then passed di- recting the state treasurer to pay the per diem of the mem- bers from the funds in his possession. But Treasurer Battle refused to recognize the convention and declined to- pay the members, claiming that he was under bond to use the funds in his hands for the purposes for which they had been collected, and that the convention would have no legal status until its work was accomplished and a new state gov- ernment was established. As additional ground for his refusal, he quoted the act of Congress of March 23, 1867, which directed the convention to provide for its expenses by levying a tax." The matter was referred to General Canby who replied that the treasurer was correct in his de- cision, but informed the convention that as soon as they should have levied a tax for the purpose, he would order the treasurer to pay the members from the funds on hand." A tax was accordingly levied, and the treasurer, thus pro- tected, cashed the warrants of the convention. The tax ' lournal, p. 83. The Conservative press said that when it was an- nounced that the mileage would be paid at one of the banks in the city, there was such a rush for it that it was impossible to keep a quorum present in the convention. Sentinel, February 6, 1868. ^ Journal, p. 80. . ^ Journal, p. 125. THE CONVENTION OF 1S68 AND ITS WORK 261 was one-twentieth of one per cent on all real and personal property, and consequently bore not at all upon the leaders of the majority, and, in fact, very little, comparatively, upon the majority of the Republican party. In the meantime various other plans had been suggested for raising money. One of the carpetbaggers introduced an ordinance provid- ing for the negotiation of a loan of $500 for contingent expenses.^ This was adopted.^ A negro delegate intro- duced a resolution asking Congress for a loan of $3,'000,- 000.^ Resolutions of this kind were frequent during the whole session. The expenses of the convention for per diem and mileage amounted to $86,356.89. Printing and stationery increased this by about $5,000. In the matter of expense. North Carolina, compared with most of the other Southern States, escaped very easily. But the expenses far exceeded those of any other convention in North Carolina.^ Comparatively little opportunity for corruption existed, but charges were introduced that bribery had been used to obtain certain railroad legislation ° and a committee of in- quiry was asked for. President Cowles appointed on the committee Plato Durham, who had introduced the resolu- ^ Journal, p. 132. ^ Ibid., p. 143. ^ Ibid., p. 142. ■* The expenses of the state conventions of North CaroHna, begin- ning with that of 1835, and exclusive of printing, which was of Uttle cost in the case of all of them, were as follows : Date. No. Sessions. Days. Cost. Per Diem. Mileage. 183s I 38 $8,330.00 $1.50 sets. 1861 4 108 56,469.02 3.00 5 " 1865 2 43 30,514.00 4.00 10 " 1868 I 55 86,356.89 8.00 20 " 1875 I 31 15,596.98 400 10 " * The matter referred to was the endorsement by the convention of certain bonds of the Wilmington, Charlotte, and Rutherford Railroad. Ordinances, p. 43. 262 RECONSTRUCTION IN NORTH CAROLINA tion, S. S. Ashley, and James H. Harris/ who was one of the members at whom the resolution was aimed. The two first mentioned were not on speaking terms with each other in consequence of a difficulty they had had shortly before on the floor of the convention, and Durham had never recognized any of the colored delegates. It was evident that the intention of the president was to prevent any in- quiry from being made. The next day Harris retaliated by a resolution providing for an investigation as to whether Plato Durham, " the delegate (so called) from Cleveland," had not obtained his election by fraud.' Neither committee succeeded in discovering anything, and both were soon dis- charged.'' Notwithstanding the fact that the main purpose, sup- posedly, of the convention was to frame a constitution, no great eagerness was manifested to begin the work. Com- mittees were appointed to report the various articles, but it was quite a long time before they reported. The carpet- baggers controlled the committees, capturing the chairman- ship of ten of the nineteen standing committees and of most of the special committees. They were thus given an oppor- tunity to put their constitutional theories into definite form. The result of this was that there were many differences from the former constitution of the State. Individually or collectively the carpetbaggers controlled the convention ab- solutely. An ordinance was early introduced providing for some relief to the people by means of a stay law.* After it was ascertained from General Canby that he would enforce such an ordinance by military order, one was passed pro- viding that civil proceedings founded on causes of action ' Journal, pp. 171, 178. ' Ibid., p. 178. ' Ibid., pp. 426, 473. * Ibid., p. 32. THE CONVENTION OF 1868 AND ITS WORK 263 prior to May, 1865, should be suspended until January i, 1869, or until the new constitution should go into effect.^ General Canby, at the request of the convention," made this ordinance operative at once.^ The debate on the ordinance led to a discussion of the condition of the State, and there was at once noticeable, in quite a number of the delegates, a decided sentiment in* favor of repudiating the entire state debt. The most earnest advocates of this were A. W. Tour- gee and his colleague from Guilford, G. W. Welker. This appeared more fully in the debate on the section of the Bill of Rights, guaranteeing the public debt of the State. Tour- gee declared that the new State of North Carolina, which they were constructing, was under no obligation to pay the debts of the old State and that it would be ruinous to do so. He said, " He would be a fool who would emigrate to North Carolina if the new State is to be saddled with the debts of the old." This view was not shared by the ma- jority, and the section was adopted. Abbott characterized Tourgee's doctrine as infamous, and Galloway, Harris, and Hood, of the colored delegates, also expressed their horror at his proposition.* It was suggested several times that the convention should forbid the collection of all private debts incurred in aid of " rebellion ", and as one delegate ex- pressed it," " give the citizens the same right as the State." ° Later an ordinance was passed directing the next General Assembly to provide for the payment in cash of the interest falling due after January, 1869, on the state bonds dated after January i, 1866. AH the coupons due at the time of ' Ordinances, p. 45. ' Ibid., p. 125. ' General Orders, no. 57. Sentinel, April 16, 1868. * Sentinel, February 17, 1868. * S. W. Watts. * Sentinel, February 17, 1868. 264 RECONSTRUCTION IN NORTH CAROLINA the passage of the ordinance were ordered to be funded in a new issue of bonds/ This was opposed by the Conser- vatives, who declared that it was for the benefit of North- ern men who held the bonds and that the lobbyists had secured its passage." Numbers of innovations were proposed and adopted through the influence of the Northern members. Their main argument was usually that the proposed provision was in some New England or other Northern constitution. Every effort was made to reconstruct the State on such a basis, and the only matter of surprise is that the resulting constitution was not more foreign and extreme in its char- acter. The main reason seems to have been the rivalry among the three carpetbag leaders Abbott, Heaton, and Tourgee. In their efforts to strengthen their respective positions, they yielded in many things to the natives of the State. But as it was, there was a very radical difference in the new constitution from its predecessor. One of the changes which was most condemned by the opposition, and even by many Republican lawyers in the convention, was the abolition of the distinction between actions at law and suits in equity. This has since been ac- knowledge to have been on the whole a wise change.^ Provision was also made for a commission to prepare rules ' Ordinances, pp. 84-85. ' There was quite a body of lobbyists, the most prominent of whom was General Milton S. Littlefield, a native of New York, and formerly colonel of a colored regiment. He was said to have been lately con- cerned in an extensive lumber steal in Pennsylvania and had come South for new and better opportunities. He became very prominent in 1869, both in North Carolina and Florida, from his connection with the bond frauds in both States. ' It is, however, admitted that, as a result of the change, there has been a development of a lack of accuracy and care in the lawyers as compared with those under the old system. THE CONVENTION OF 1868 AND ITS WORK 265 of procedure and practice in accordance with this change, and also to codify the laws. Victor C. Barringer, A. W. Tourgee, and W. B. Rodman were appointed as commis- sioners for a term of three years with salaries of $200 per month. ^ Tourgee had been licensed to practice law in Ohio ; and, largely for his benefit, an ordinance had been passed a short time before providing that all persons who had been admitted to the bar in other States could be admitted in North Carolina without examination, upon the production of evidence of a good moral character and the payment of the required fees." Later the judiciary committee was in- structed to report an ordinance which would allow all citi- zens of the State who were of good character to practice upon payment of the necessary fees.^ Another change in regard to the courts was even more criticised, and with more justice. The election of judges was taken from the General Assembly and put in the hands of the people, and the term of office was changed from life to eight years. The number of Superior Court judges was increased to twelve. This was a necessary increase, for the existing courts were over-crowded, and emancipation had largely increased the work of the courts. The Conserva- tives opposed the increase as a useless extravagance and as designed to furnish places for Republican lawyers who were ambitious to be on the bench. Judging from the number of aspirants, it is not improbable that the change was wel- come to many of the members of the bar. Naturally a question which arose early in the debate on ' Ordinances, p. 79. For at least fifteen years after the adoption of the constitution, the courts were full of cases brought to secure inter- pretation of the instrument. ' Ordinances, p. 109. ' Ibid., p. 123. 265 RECONSTRUCTION IN NORTH CAROLINA the constitution was that of political disabilities. Two features of the subject were considered. Regarding the disabilities imposed by the Fourteenth Amendment, a com- mittee was appointed to prepare a list of those persons whom the convention should recommend to Congress as suitable objects for relief. After a time the names of about six hundred persons, most if not all of whom were acting with the Republicans, were presented and a violent debate followed, Durham leading the opposition and Tourgee de- fending the report. The former went on record, character- izing it as " a fraud upon the people of North Carolina and so intended to be." ^ Several of the Republicans favored a general removal of disabilities, but the majority were strongly opposed to such a thing, and all efforts at amend- ment of the resolution introduced by the committee fail- ing, it was adopted.^ The question of the qualifications for voting and hold- ing office in the State then came up. The majority of a committee, appointed to consider the subject, reported a proposed article of the constitution providing for an un- qualified manhood suffrage.^ It also provided that all per- sons who denied the existence of a Supreme Being, or who had been convicted of a felony or of treason, should be dis- qualified from holding office under the state government.* Three minority reports were submitted. The first, signed by two native Republicans,"' provided for the disqualifica- tion for suffrage of all those who had ever attempted to ' He also said : " The secretary may take my words down. I do not care for the secretary or the convention either." Journal, p. 411. 2 Laflin, Legg, and Rice, of the " carpet bag " contingent, favored a general removal of all disabilities. Journal, p. 413, ' Conviction of a felony did not operate as a disqualification for the suffrage. * Journal, p. 232. " Candler and Congleton. THE CONVENTION OF 1868 AND ITS WORK 267 prevent the exercise of the right of suffrage by any means, and of all those disqualified for holding office by the pro- posed Fourteenth Amendment, the removal by Congress of these disabilities operating to remove the disability imposed by the state constitution. It also provided an oath to be taken before registration.' The two Conservatives on the committee submitted the second minority report. This stated that the right of suffrage was not inherent, and that, as the great mass of the negroes were not prepared for the exercise of the privilege, there was no reason why it should be extended to them. Denying the constitutional power of Congress to prescribe who should vote in North Carolina, and declaring that the whole scheme of reconstruction was for the advancement of party purposes by " Africanizing " and " Radicalizing " the South to offset the loss of electoral votes elsewhere, the signers of the report recommended that North Carolina should refuse to alter her constitution under dictation by Congress — to " confide the power of making laws to those who have no property to protect, and to bestow the right to levy taxes upon those who have no taxes to pay." ^ The third report, submitted by a carpet- bagger, agreed with the majority report, except that it recommended that the classes debarred from holding office by the Fourteenth Amendm.ent should also be debarred by the State until the legal removal of disabilities.^ ^ Journal, p. 234. The oath was as follows : " I do solemnly swear, (or affirm) that I will support and maintain the Constitution of the United States and the Constitution of the State of North Carolina ; that I will never countenance or aid in the secession of the State from the United States ; that I accept the political and civil equality of all men ; and that I will faithfully obey the laws of the United States and encourage others so to do. So help me God." ' Journal, p. 235. 3 He probably meant removal by the State ; otherwise the provision was useless on account of the Fourteenth Amendment. 268 RECONSTRUCTION IN NORTH CAROLINA The debate on the question opened with a great deal of heat, and, with some interruptions, lasted for three weeks. There was no doubt of course as to negro suffrage; univer- sal suffrage was not so certain. There were known to be many who favored some limitation so far as the Conser- vatives were concerned ; Holden was favorable to some plan of this kind.^ During the debate several propositions were made. One delegate favored an article which would pre- vent those then laboring under disabilities from ever vot- ing;" another favored disfranchising all those who should vote against the constitution adopted by the convention ; ^ while still a third desired that power should be given the county boards of registration, the members of which in all cases should be required to take the " iron-clad " oath, tO' disfranchise any person who aided or used his influence for the Confederacy, or who had thrown any obstacles in the way of reconstruction.' A seemingly favorite proposition was one to require an oath which should express a change of opinion from the past and the promise of good conduct for the future. ° The Conservatives gave notice at the be- ' Standard, February 3, 1868. ' Sentinel, February 22, 1868. ' Sentinel, February 22, 1868. This member, E. W. Jones, was prob- ably, the most bitter and prescriptive of all the members. ■* Standard, January 24, 1868. * An oath suggested by General Abbott is a fair type of those pro- posed. It is as follows: "I do solemnly swear, (or afSrm) that I am truly and devotedly attached to the Union of all the States and opposed to any dissolution of the same ; that I entertain no political sympathy with the instigators and leaders of the rebellion, or with the enemies of the Union, nor approbation of their principles or purposes ; that I will, neither by word or act, encourage or countenance a spirit of sedi- tion or disaffection towards the government of the United States, or the laws thereof, and that I will sustain and defend the Union of these States and will discourage and resist all efforts to destroy or impair the same. So help me God." THE CONVENTION OF 1868 AND ITS WORK 269 ginning of the debate that any imposition of disabilities as regarded the right of suffrage would result in the necessity of permanent military occupation of the State by the United States,^ as any government that might be established under such a constitution would fall the day that troops were withdrawn. Immediately, and apparently as a threat, the amnesty act which had been passed by the General Assem- bly in 1866 was repealed." The majority report was then adopted without change. The other chief matter of party conflict was the ciuestion of the division of the races. Early in the debates on the constitution, the Conservatives commenced to introduce resolutions or amendments designed to put the Republicans on record on the subject. The first of these was a series of resolutions which, after expressing the desire of the people of the State to be restored to constitutional relations with the federal government, declared that the reconstruction acts were unwise, unjust, and oppressive ; that the white and black races were distinct by nature, and efforts to abolish such distinctions were crimes against nature: that the gov- ernment had been instituted by the whites and should be controlled by them, and finally appealed to the masses of the Northern people for relief, " from the degradation now heaped upon them." The white Republicans were not ready to vote for this or against it, and consequently post- poned it indefinitely.^ Another attempt of the kind was made by the Conservatives in a proposed amendment to the 1 See speech of John W. Graham in the Sentinel, February 25, 1868. He reminded the RepubHcans that the very men whose punishment they were then considering, had opposed a test oath in 1862. The test oath proposed in 1862, it will be remembered, was defeated largely through the efforts and eloquence of his father, William A. Graham, 2 Ordinances, p. 68. Cf. supra, p. 127. ' lournal, pp. 32, 35. 270 RECONSTRUCTION IN NORTH CAROLINA report of the committee on the Executive Department pro- viding that no person of African descent should be ehgible to any executive office. One of the negro members had al- ready introduced an amendment to the effect that either the governor or lieutenant-governor should always be a negro/ The latter was withdrawn later," and the former, needless to say, was overwhelmingly defeated." A propo- sition made by Plato Durham * that the qualification for governor and lieutenant-governor should be the ability to read and write met with the same fate. In the case of the militia and public schools the convention refused to recjuire separation of the races." A proposed section of the Bill of Rights prohibiting the intermarriage of the races was promptly tabled," and all marriages that had taken place under military authority, including several cases of mar- riage between whites and blacks, were validated.'' But the same day a resolution was introduced by a colored member and passed, declaring it the sense of the convention that the intermarriage of the races should be discountenanced, and that separate schools should be established.* And finally, a proposed section, which provided that nO' white child should ever be apprenticed to a negro master and that no negro guardian should ever be appointed for a white ward, was also rejected." The constitution was finally drafted and adopted by the convention. The Conservatives on the final vote all voted ' This was probably the work of some Conservative sympathizer. ' Sentinel, January 28, 1868. ' Journal, p. 162. * Ibid., p. 158. * Ibid., pp. 175, 287, 343. Graham introduced a resolution providing for separate commands in the militia, and also that no white man should ever be required to obey a negro officer. ^Journal, p. 216. ''Ordinances, p. 86. * Journal, p. 473. ' Ibid., p. 483, THE CONVENTION OF 1868 AND ITS WORK 271 against its adoption, and consequently none of them signed it.^ The convention, while forming a constitution, was also engaged in other matters. The State was divided into con- gressional districts, with few changes from the former divi- sion. This led to a sharp debate among those who had aspirations for seats in Congress." Fourteen divorces were granted by the convention, and the Conservatives were thus furnished with further ground for attack. Several of the Republican members also opposed this action of the conven- tion.^ A resolution was passed thanking the House of Representatives of the United States for the impeachment of President Johnson.* Just before adjournment a resolu- tion was passed directing the next General Assembly to devise some plan, if practicable, to locate every citizen upon a freehold." In this connection one delegate wanted a loan of $10,000,000 negotiated " to provide homes for the home- less and for agricultural purposes." " This, he declared, was chiefly to be used for the negroes in payment for their long labor without reward, their faithful service during the war, and their devotion to the Republican party. Most of the daily sessions of the convention were very stormy. The Conservatives were few in number, but aided by the press, they seemed able to provoke their opponents to anger at will. Nor were the relations of the Republicans ' Durham moved that the Capitol bell be tolled while the signa- tures of the delegates were being affixed. ' Sentinel, February 21, 1868. ^ One Republican delegate, in protest, introduced an ordinance which provided that all men in North Carolina were thereby divorced and at liberty to marry again. * Ordinances, p. 126. ' Ordinances, p. 129. • Journal, p. 119. 272 RECONSTRUCTION IN NORTH CAROLINA among themselves always the best, and disputes arose sev- eral times when the chair was powerless to restore order/ Towards the middle of the session Holden recommended that the " gag law " should be strictly enforced, as regarded the Conservative members, by means of calling the previous question.^ Possibly this, along with the hope of damaging his political prospects, caused a Conservative member to introduce a resolution providing for an inquiry into Hol- den's complicity in the murder of President Lincoln, through his editorials in the Standard calculated to inspire an assassin." The reading of the resolution was not finished before objection was made to its reception, and it was re- turned to the member who introduced it, as was his protest, the next day, against the action of the convention.* After providing for submitting the proposed constitution to the people and for holding an election for state officers, the General Assembly, and members of Congress at the same time, under the direction of the military authorities, the convention adjourned on March 17. This adjournment was sine die, unless the convention should be called into session by the president before January i, 1869. It had been in session fifty-five days, and, in addition to the consti- tution, had adopted fifty-seven ordinances and fifty-six reso- lutions. After the signing of the constitution, on the day before adjournment, the convention took a recess, which was spent ' Tourgee, on one occasion, engaged in an altercation with the presi- dent and was, at his order, arrested for disorderly conduct. He appealed to the convention and, by its vote, was released. ' Standard, February 8, 1868. ' Ibid,. June 5, 1861. " Who will plot for the heads of Abe Lincoln and General Scott?" Holden, in 1868, denied the authorship of the editorial. * Sentinel, March 5 and 6, 1868. THE CONVENTION OF 1868 AND ITS WORK 273 in singing and horseplay. The next morning the same thing was done, and General Milton S. Littlefield was invited to address the convention and sang " John Brown," the dele- gates joining in the chorus. Other songs sung were "Hang Jeff. Davis," " Yankee Doodle," and a number of negro melodies. Any departure from the dignity thought worthy of a legislative body had been previously unknown in North Carolina, and the amazement and disgust it caused were in- creased by the choice of songs. The Sentinel the next day headed its account of the proceedings as follows : THE CONSTITUTIONAL CONVENTION (sO CALLED) The Disgraceful Closing Scenes! Corn Field Dance and Ethiopian Minstrelsy ! ! Ham Radicalism in its Glory ! ! ! Amidst this came to an end the " Mongrel Convention," characterized by the Standard as " one of the ablest, most dignified and most patriotic bodies that ever assembled in the State." ' 2. CONSTITUTIONAL CHANGES The new constitution as submitted to the people differed radically from the former one. Apart from the fact that the general plan of government was of the type of the American state governments, it was practically an over- throwing of the institutions of the State. Much that was utterly foreign to the customs and ideas of the people was introduced, and to the minds of many the best features of the old constitution were omitted or amended beyond recog- nition.^ ' Standard, February 21, 1868. ' The original constitution was adopted December, 1776. It was amended by the convention of 1835, and the property qualification for voting for state senators was abolished in 1857. 274 RECONSTRUCTION IN NORTH CAROLINA In the Bill of Rights, the original of which had been adopted in 1776, there was less change than in any other part of the fundamental law. But quite a number of pro- visions were inserted. The chief of these were as foUows : all men were declared equal; the right of secession was denied, and the paramount allegiance of all citizens to the United States was affirmed; the public debt of the State was declared valid, and the war debt was repudiated ; slav- ery was prohibited; the suspension of the writ of habeas corpus was forbidden; the people were declared entitled to^ the privilege of education;^ the legislative, executive, and judicial departments of government were declared forever separate and distinct; the freedom of the press was guar- anteed, as in the former Bill of Rights, but individuals were held responsible for abuse of this freedom; the quar- tering of soldiers upon citizens in time of peace was for- bidden; it was provided that the courts should always be open, and in criminal cases greater protection was guar- anteed defendants than in the original instrument, though not more than was enjoyed' under the laws of the State and the usage of the courts ; and finally it was declared that all rights and powers not delegated by the constitution should be retained by the people. In the Legislative Department greater changes were made. The name of the lower house of the General As- sembly was changed from the House of Commons to the House of Representatives. The property qualifications for members of both houses were abolished,^ and they were ' This was provided elsewhere in the Constitution of 1776. See Sec. 40. - Previous to this, a senator had to have been possessed, for one year before his election, in the county from which he was elected, of 300 acres of land in fee. A member of the Commons had to have been possessed, for six months before election, of 100 acres of land in fee or for life. THE CONVENTION OF 1868 AND ITS WORK 275 obliged to take an oath of allegiance to the United States before taking their seats. Senators were required to be at least thirty years of age. The elective Council of State was abolished and replaced by one composed of the execu- tive officers of the State. In the Executive Department three new offices were created : lieutenant-governor, superintendent of public works, and auditor. The latter replaced the office of comp- troller which had been created by act of the General As- sembly.^ The election of these officers, with that of the other state officers, which had formerly been in the hands of the General Assembly, was put into the hands of the people. The property qualification for governor was abol- ished," and his term of office, together with that of the other state officers, was increased from two to four years. Only two years' previous residence in the State, instead of five, was rec[uired for the governor. He was given power to commute sentences in addition to the pardoning power. All nominations of the governor had to be confirmed by the Senate. Provision was made for a bureau of statistics, agriculture, and immigration. In the Judicial Department, the most complete change was made. All distinctions between actions at law and suits in equity and the forms of such actions were abolished. Only one form of action, the civil suit, could be brought in the State. Feigned issues were abolished, and it was pro- vided that the fact at issue should be tried by order of court before a jury. The county courts were abolished and a large part of their powers and duties were given to the clerks of the Superior Courts. The number of the Supreme ' Revised Statutes 1854, chap. 23. ' Previous to this a freehold in lands or tenements of $1,000 was re- quired. 276 RECONSTRUCTION IN NORTH CAROLINA Court justices was increased from three to five, and that of the Superior Court judges from eight to twelve. Their election and also that of the solicitors was taken from the General Assembly and given to the people. The term of office of judges was changed from life or good behavior and made eight years. The election of clerks, sheriffs, and coroners was taken from the county courts and put in the hands of the people. Regarding taxation, the constitution provided that the proceeds of the capitation tax should be applied to educa- tion and the support of the poor. Provision was made for the payment of the interest on the public debt and for the creation, after 1880, of a sinking fund for the payment of the principal. The General Assembly was prohibited from incurring any indebtedness until the bonds of the State should be at par, except to supply a casual deficiency or to suppress insurrection, unless there should be inserted in the same bill a provision for the levying of a special tax to pay the interest annually. The General Assembly was also for- bidden to lend the credit of the State, except to railroads which were in the process of construction at the time of the ratification of the constitution or to those in which the State had a financial interest, unless the question was submitted to the direct vote of the people. It was also provided that every act levying a tax should state its object and the pro- ceeds could be applied to no other purpose. The constitution provided for universal suffrage. No one could register without taking an oath to support the Constitution of the United States, and every officer had to take an oath of allegiance to the United States. All per- sons who denied the being of Almighty God, who had been convicted of treason, perjury, or any other infamous crime since becoming citizens of the United States, or who had been convicted of corruption or malpractice in office and THE CONVENTION OF 1868 AND ITS WORK 277 had not been legally restored to the rights of citizenship, were disqualified for holding office. Taking any part in a duel also disqualified for holding any office under the State. County government was put in the hands of five com- missioners in each county elected by the people to exercise a general supervision and control of county affairs. It was also provided that the people of each county should elect a treasurer and a register of deeds. The commis- sioners were directed to divide the counties into townships, and the people of each township were biennially to elect two justices of the peace. No counties or other municipal cor- porations could contract a debt without the consent of a majority of the voters, and all the counties were forbidden to pay any debt contracted to aid in rebellion. The General Assembly was directed to provide a general system of public schools, and the executive officers of the State were formed into a board of education to succeed to all the powers and duties of the Literary Board. The State University was declared to be forever inseparable from the public school system, and the General Assembly was di- rected to establish, in connection with the University, de- partments of agriculture, mechanics, mining, and normal instruction. Provision was made for a homestead exemption of $500, and it was provided that the real and personal property of a married woman should remain her separate estate and property, and in no way liable for the debts of her husband. These provisions were not new to the State, both having been incorporated in the law in 1866. Punishments for crime were provided as follows: death, imprisonment, with or without hard labor, fines, removal from office, and disqualification to hold any office under the State. Four crimes were punishable by death : murder. 278 RECONSTRUCTION IN NORTH CAROLINA arson, burglary, and rape.' Provision was made for a penitentiary, and the General Assembly was directed to pro- vide for the care of orphans, idiots, inebriates, deaf mutes, and the insane, and authorized to provide houses of refuge and correction for the punishment and instruction of cer- tain classes of criminals, whenever it might seem necessary. These were the more important changes. There were others of less interest and importance, but they are far too numerous to mention. A comparison of the two constitu- tions shows a very wide difference, and brings out very clearly the part played by the Northern members of the convention. 3. POLITICS AND ELECTION OF If Early in January, the Conservative executive committee called a State convention of " The Constitutional Union Party," as they styled it. It met on Februar}'- 6, about fifty counties being represented. The majority of the delegates were former Whigs, but a large number of Democrats were present. The convention is particularly notable as marking the first re-appearance in politics of many who had been prominent before and during the war. Ex-Governor Gra- ham was made chairman, and among the other officers and delegates, were ex-Governors Vance, Bragg, and Manly; Judges Manly, Merrimon, and Fowle; and Weldon N. Ed- wards, W. L. Steele, R. Y. McAden, Marcus Erwin, A. T. Davidson, R. H. Smith, and W. N. H. Smith. A state or- ganization was perfected and a series of resolutions, out- lining the policy of the party, adopted. These resolutions 1 Several of the carpetbaggers opposed the death penalty for rape as being too severe, and because certain Northern States did not have it. Heaton agreed with the native delegates, who favored it, and made a strong speech in its defence. THE CONVENTION OF 1868 AND ITS WORK 279 declared devotion to the United States Constitution; pro- tested against the enforcement of the reconstruction acts as unconstitutional; declared the great political issue in the State to be negro suffrage and equality, if not supremacy, and registered their unqualified opposition to it; declared the determination of the party to protect the negroes in their civil rights and to allow such privileges as were not in- consistent with the welfare of both races; demanded early relief for the impoverished people of the State; expressed gratitude to the President for his efforts to restore the Union ; declared the United States Supreme Court, and not Congress, the legitimate expounder of the Constitution; and, expressing their distrust of " the organization con- trolling Congress," the convention "waived all former party feeling and prejudice " and invited the people of the State to cooperate with the Democratic party, at the same time electing delegates to the Democratic national convention. Enthusiastic speeches were made by various delegates, among them Vance, who urged activity and fearlessness of the result of opposition to the radicals,^ saying, " When free speech, a free press and a free ballot are restored, the wrath and indignation of an outraged people will damn them forever. It will be better for them that a mill stone were hanged about their necks and that they were drowned in the depths of the sea." ^ Nominations for state officers were left with the executive committee. This met later in the month and nominated a full state ticket.^ Vance was 1 Holden had warned the Conservatives that every person who took part in the meeting would be kept forever under disabiUties. ' Sentinel, February 20, 1868. ' The Democratic nominations were as follows : Governor, Z. B. Vance, later, Thos, S. Ashe; Lieutenant-Governor, Edward D. Hall; Secretary of State, Robt. W. Best; Treasurer, K, P. Battle; Auditor, S. W. Burgin; Superintendent of Public Instruction, Braxton Craven; 28o RECONSTRUCTION IN NORTH CAROLINA nominated for governor, but declined, and Thomas S. Ashe was chosen. The latter was a Democrat and had been, before the war, several times a member of the General As- sembly. He had been a member of the Confederate Con- gress and had also been elected to the Confederate Senate, but never took his seat. He was, of course, under disabilities. In the other nominations, the old Whig influence was evi- dent, and with but few exceptions the nominees had for- merly belonged to that party. The Republican convention met on the same day as the Conservative. As was expected, W. W. Holden was nomi- nated for governor in spite of all efforts to defeat him.^ The carpetbaggers captured the nominations for secretary of state and superintendent of public instruction. Later, too, A. W. Tourgee was nominated for judge of the Super- ior Court, after being defeated for a congressional nomi- nation.^ The nominations of both parties for judges coin- Superintendent of Public Works, S. F. Patterson; Attorney General, Sion H. Rogers; Supreme Court Justices, R. M. Pearson, W. IT. Battle, E. G. Reade, M. E. Manly, and A. S. Merrimon ; Superior Court Judges, D. A. Barnes, E. J. Warren, Geo. V. Strong, W. S. Devane, R. P. Buxton, R. B. Gilliam, Thos. Ruffin, Jr., F. E. Shober, W. M. Shipp, Anderson Mitchell, J. L. Bailey, and A. T. Davidson. '■ B. S. Hedrick introduced a resolution declaring that the convention would nominate no person laboring under disabilities. The convention refused to receive it. ' The Republican ticket, as it finally appeared, was as follows : Governor, W. W. Holden ; Lieutenant-Governor, Tod R. Caldwell ; Secretary of State, H. J. Menninger ; Treasurer, D. A. Jenkins ; Audi- tor, Henderson Adams ; Superintendent of Public Instruction, S. S. Ashley ; Superintendent of Public Works, C. L. Harris ; Attorney General, W. M. Coleman ; Justices of the Supreme Court, R. M. Pearson, W. B. Rodman, R. P. Dick, Thomas Settle, and E, G. Reade; Judges of the Superior Court, C. C. Pool, E. W. Jones, C. R. Thomas, D. L. Russell, Jr., R. P. Buxton. S. W. Watts, A. W. Tourgee, G. W. Logan, Anderson Mitchell, and R. H. Cannon. THE CONVENTION OF 1868 AND ITS WORK 28 1 cided in several instances.^ The convention before adjourn- ment passed, by a large majority, a resolution introduced by one of the carpetbaggers " That it is the sense of this convention that rebels should not be enfranchised indis- criminately." When the congressional nominations were made the cai-petbaggers were more prominent. David Heaton, J. R. French, and J. T. Deweese were nominated. The last was not the first choice of his district, for James H. Harris was nominated, but, through the influence of Deweese, withdrew and was replaced by the latter.^ The other four nominations were given to natives.^ B. S. Hedrick ran as an independent candidate against Deweese. The canvass was prosecuted with great activity, and ap- parently with great hopes of success by both parties. The Union League and the Heroes of America were again brought into service. Holden was at this time president of the former, and James H. Harris was vice-president. W. F. Henderson was at the head of the latter organization. Each issued addresses to their members urging them to con- tinued efforts.* The Republicans fought the campaign ' The nomination of Judge Pearson by tlie Republicans very nearly prevented his selection by the Conservatives, but he gave private as- surance that he was a Conservative and was nominated. The Republi- cans nominated Judge Warren for a different district from that in which he lived and where he had been nominated by the Conservatives, He refused to accept. ' A leader in the Republican party at that time assures the writer that, to his personal knowledge, Deweese paid Harris $1,000 to with- draw. ' The congressional nominations were as follows : 1st district, Re- publican, J, R. French, Democrat, Henry A. Gilliam; 2d, David Heaton, Thomas S. Kenan ; 3d, O. H. Dockery, T. C. Fuller ; 4th, J. T. Deweese, S. T. Williams ; 5th, I. G. Lash, D. F. Caldwell ; 6th, C. J. Cowles, Na- thaniel Boyden; 7th, A. H. Jones, B. S. Gaither. * Standard, February 5, 1868. 282 RECONSTRUCTION IN NORTH CAROLINA largely on matters relating to the war which would tend to excite bitter feeling. Vance's proclamations against de- serters and his speeches favoring the support of the war were re-published and commented on. A special effort was made to reach the old non-slaveholding class, and, by arous- ing class prejudice, to excite them against the Conservatives. Among the most active of the Republican speakers was General Littlefield who was thus extending his influence with a view to future financial benefit therefrom. Every efiiort to influence public sentiment in the North was made, an interesting example occurring when Sergeant Bates of the Union army passed through the State. He was engaged in carrying the United States flag through every late Con- federate state in order to show the falsity of the rumors concerning the state of feeling in the South. Holden sent Colonel T. B. Keogh, a carpetbagger from Wisconsin, to offer him $10,000 to abandon his journey and report in the North that he was forced to do so on account of the hos- tility of feeling in the State which made his life unsafe. '^ The Conservatives made their fight on the question of ratifying the constitution, which they opposed on many grounds. They argued that it made the negro a political ec|ual and that it was part of an attempt to bring about social equality by its failure to require the separation of the races in the schools and in the militia and by the opening of the University to negroes. They objected to the appor- tionment of representation among the various counties as being so arranged as to increase the importance of the negro vote. Property, they held, had no representation, and higher taxes were made necessary without any increased benefit to the people. The provision for the election of judges by the people was particularly criticised with refer- ' Sentinel, April 12, 1871, THE CONVENTION OF 1868 AND ITS WORK 283 ence to the fact that candidates for the Supreme Bench were making a political canvass and entering into general political discussions. The lack of any test of qualification for office was another feature much urged as a reason for the rejection of the constitution. They received an unex- pected ally in Daniel R. Goodloe, so far as concerned oppo- sition to Holden and the rest of the Republican ticket. When the nominations were made, he said that Holden's name was " a synonym for whatever is harsh, proscriptive and hateful to nine-tenths of the white people of the State," and declined to support him.^ Goodloe's paper, the Regis- ter, while advocating the ratification of the constitution, fought almost the entire Republican ticket. H. H. Helper, who was associated with him, began the publication of a campaign sheet called " The Holden Record," in which he gave selections from the Standard which were calculated to show the inconsistency and general unfitness of Holden for the office of governor. He also advocated the election of Goodloe as governor. On account, of the great changes in the constitution, the Republicans lost the support of many who might have been counted upon to act with them. B. F. Moore, who had thought the reconstruction acts unconstitutional, but who had been in favor of a convention as the best means of reaching some settlement of disputed questions and because he thought that the constitution needed some amendment, opposed the constitution on account of its radical nature and declined to act with the Republican party. ^ This was the case with many others. ' Sentinel, February 29, 1868, ' B. F. Moore, in a letter to his daughter, dated March 28, 1868, said : " It is, in my view, with some exceptions, a wretched basis to se- cure liberty or property. The legislative authority rests upon ignorance without a single check, except Senatorial age, against legislative plun- 284 RECONSTRUCTION IN NORTH CAROLINA Another political element which to a slight extent played a part in the campaign was the mysterious Ku Klux Klan. Many statements in regard to its extent were made by the Standard, but it does not appear to have reached the greater part of the State, and had so far assumed very little im- portance. Nor did it commit any violence. According to the Standard, the Klan in Warren County indulged in a grim joke as a threat to the negroes. Night after night, in their fantastic costume, they dug graves along the roads which led into Warrenton. But there was no noticeable effect upon the vote in the county, where there was a large negro majority. In Raleigh and Wilmington placards were posted all about the streets. Those in the former place were as follows : K. K. K. Attention ! First Hour ! In the Mist ! At the Flash ! Come. Come. Come ! ! ! Retribution is impatient ! The grave yawns ! The sceptre bones rattle ! Let the doomed quake ! It is commanded. 2nd G. C. OF BL. HOST. The character of the Republican candidates was attacked and attention drawn, often with justice, to their unfitness to represent the people properly, or to perform the duties of the positions to which they aspired. The most striking illustration of the case which the Conservatives were able to make against the Republicans was as follows : New Han- over County had three delegates to the convention. Gen- der by exorbitant taxation. * * * The Radical party proposes to flll our Congressional representation with those men recently introduced from other quarters of the United States, and to impose them on us through the instrumentality and league of the ignorance of the State." THE CONVENTION OF 1888 AND ITS WORK 285 eral Joseph C. Abbott, A. H. Galloway, and S. S. Ashley. The Republican candidates for the legislature were the two first-mentioned, L. G. Estes, a carpetbagger, and G. W. Price, a negro. Ashley was candidate for the position of superintendent of public instruction. Of all these none had ever listed or paid any taxes. The assessed value of the real estate in Wilmington at the time was $3,200,000. Of this the white people owned more than thirty-nine fortieths, and were in a minority of over seven hundred. The white Republicans, about one hundred and fifty in number, who controlled the majority vote, owned, altogether, about $150,000. This was an extreme case, but it shows the pos- sibilities of the conditions existent at the time. Others of the carpetbaggers who were not taxpayers were Tourgee, Heaton, Deweese, and J. R. French. The great majority of the whites were disgusted with the experiment of the negro in politics, and many of the Republicans felt almost as keenly as the Conservatives the irritating condition of affairs.^ As was to be expected, the campaign was exceedingly bitter on both sides. Personal encounters were of frequent occurrence among the candidates, and the most violent per- sonal abuse was common. Holden was hanged in effigy in several places, including the Capitol Square in Raleigh. The convention had provided for the submission of the question of ratification of the constitution to the voters qualified under the reconstruction acts. The state officers were to be chosen by the voters qualified imder the new con- stitution, which meant manhood suffrage. But the voting ' The following is illustrative of the workings of the reconstruction acts : " During reconstruction in North Carolina, three ex-governors, a former justice of the Supreme Court, several ex-Congressmen, and a number of other distinguished men were at a dinner together. The only person present who could vote or hold office was the negro who waited on the table." Sentinel, June 9, 1868. 286 RECONSTRUCTION IN NORTH CAROLINA on ratification of the constitution and the election of state and county officers took place at the same time, and, by- order of General Canby, on the same ballot. By this piece of entirety unjustifiable partisan politics, which was entirely characteristic of Reconstruction methods and morals, all who had been disfranchised by the reconstruction acts were prevented from voting, and the validity of the acts of the legislature thus elected is therefore open to question. A new registration had been made, and the number registered was increased considerably. The figures were : Whites 117,428 Blacks 79,444 Total 196,872 The election was held on April 21, 22, and 23, and re- sulted in a complete Republican victory. The vote on the ratification of the constitution was — For Constitution 93,084 Against Constitution 74,oiS Not voting 29,773 The vote for governor was,^ Holden 92,23s Ashe 73,594 The Conservatives elected only one member of Congress, one judge, of those whom the Republicans had not en- dorsed, and one solicitor. Of the eighty-nine counties, the Republicans carried fifty-eight. It was conceded that the Republicans polled almost their full strength. Thus it is seen that a large number of Conservatives, qualified to vote, failed to do so. This was, in part, the result of the general belief that, if the Conservatives were successful. Congress • The figures are taken from N. C. Legislative Docs., 1868-9. THE CONVENTION OF 186S AND ITS WORK 287 would set aside the election, or refuse to remove the dis- abilities of those Conservatives who were elected to office. And doubtless, such would have been the case. Fraud was common all over the State. By an amenda- tory act of Congress, passed March 11, 1868, voting upon affidavit instead of registration, was authorized, and ten days was set as the period of recjuired prior residence. This gave room for illegal voting, and, consequently, many voted in different counties on different days.^ The Conservatives now directed their energies towards organization for the coming national election, hoping that victory might result, and that the new government might be overthrown. Holden and the Republican leaders, on the other hand, entered into communication with the Repub- lican leaders in Congress, hoping to hasten the final steps of reconstruction. The State had carried out nearly all of its part of the process ; and it remained for Congress to take final action and restore the State to its place in the Union. As has been seen,^ the convention placed itself on record in regard to the impeachment of the President. Holden, also, had taken strong ground for it, stating that " the sal- vation of the South depends on the conviction of Andrew Johnson." ^ He now, in the hope of securing the immediate admission of the representatives from the State, telegraphed various Northern papers, urging the displacement of the President, and stating that war would begin again in North Carolina if the President should be acquitted before the State was admitted to representation in Congress and the ' Daniel R. Goodloe wrote Charles Sumner protesting against the election as a bare-faced fraud. 2 Cf. supra, p. 271. ^Standard, April 15, 1868. 288 RElONSTRUCTION in north CAROLINA new state government was installed. One of the telegrams was, in part, as follows : Prompt action on the part of Congress, in relation to the administration of North Carolina, will be our only hope to avert a terrible civil war again, in the event that the usurper in the White House shall be acquitted. In the name of human- ity, liberty, and justice, can it be possible that Andrew Johnson will be acquitted? W. W. HOLDEN.^ 4. THE COMPLETION OF RECONSTRUCTION Although the constitution had been ratified and officers elected under it, the approval of Congress had not been given to it, nor had consent been given to put the new gov- ernment into operation. In addition, a inajority of the newly-elected state and county officers and of the members of the legislature were under disabilities. Besides the dis- abilities which were based upon the proposed Fourteenth Amendment, there was also the requirement that all state officers installed prior to the formal resoration of the State should take the " iron-clad " oath. General Canby an- nounced this with the publication of the election returns. This caused consternation among the " loyal," and Congress was looked to for relief. But Congress for a considerable time failed to act. Finally an act was passed which, after declaring the constitutions of six Southern States, includ- ' Quoted in Sentinel, May 20, 1868. John Pool on May 9, 1868, wrote Holden, urging him not to give way to any kindly feeling towards secessionists, and closed his letter as follows : " I could not quietly submit to be again placed under the government of secession- ists. They ought to understand that the Union men would resort to force and violence before they would be again tyrannized over by men whose morality was not shocked by robbery, whose humanity was not aroused by either murder or the most atrocious cruelty, and whose insane hatred can now be neither opposed nor limited," THE CONVENTION OF 1868 AND ITS WORK 289 ing North Carolina, republican in form, provided the repre- sentatives from them should be admitted, whenever the pro- posed Fourteenth Amendment had been ratified by their legislatures. Their admission was also upon the condition that the constitution of none of them should ever be so amended or changed as to deprive of the right to vote in the State any citizen or class of citizens of the United States, who were entitled to vote under the constitution then recog- nized, except as a punishment for crimes then felonious at common law, of which they had been duly convicted. '^ This bill was vetoed by the President, on the ground that his ap- proval of it would imply approval of the reconstruction acts. It was then passed over his veto and became a law. This was construed by General Canby to remove the necessity for the taking of the test oath by the new administration, and he so notified the governor-elect, and later issued an order to that effect." The same day that the bill admitting representatives from North Carolina became a law, the disabilities of nearly seven hundred persons, the majority of whom had been recommended by the convention, were removed. Fifty- three of the carpetbaggers also sent in a petition for the removal of disabilities. With very few exceptions, the lists contained only the names of Republicans.^ This enabled the state government to be organized. By the act admitting representatives, the governor-elect was authorized to sum- mon the legislature to meet, and on June 25, before it be- came a law by passage over the President's veto. Governor- elect Holden issued a proclamation summoning the General ' Act of June 25, 1868. ' Sentinel, June 27, 1868. ' The convention refused to recommend B. F, Moore, among others. His name, however, was added while the list was before Congress. 290 RECONSTRUCTION IN NORTH CAROLINA Assembly to meet on July i.' On June 29, General Canby instructed the chief -justice-elect to take the oaths of office before a United States commissioner, and then to admin- ister them to his associates and to the state officers. Chief Justice Pearson notified Governor Worth that he would ad- minister the oaths to the governor on July i. The same day, Governor Worth was removed from office by a military order from General Canby. The oaths were administered to Governor Holden the next day, and Governor Worth surrendered the office with the following protest : State of North Carolina, Executive Department, Raleigh, July i, 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 ten o'clock a. m., administer to you the oaths required preliminary to your entering upon the dis- charge of the duties of Civil Governor of the State, and that, thereupon, you would demand 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 ex- tract from General Orders, No. 12, of General Canby, as fol- lows: " Headquarters Second Military District, Charleston, S. C, June 30, 1868. General Orders, No. 12. (Extract.) To facilitate the organization of the new State government, ' Standard, June 17, 1868. Byron Laflin wrote Holden from Wash- ington on June 15, saying that this was the advice of General Rawlins and a number of Republican senators. THE CONVENTION OF 1868 AND ITS WORK 291 the following appointments are made: To be Governor of North Carolina, W. W. Holden, Governor-elect, vice Jonathan Worth, removed. To be Lieutenant-Governor of North Caro- lina, Tod R. Caldwell. Original vacancy. To take effect July 1st on the meeting of the General Assembly of North Caro- lina." I do not recognize the validity of the late 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 power 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 by military force here, which I could not resist, if I would, I do not deem it necessary to oft'er a futile opposition, but vacate the office with- out the ceremony of actual eviction, offering no further oppo- sition 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 well justify, to comment upon the singular coincidence that the present State government is surrendered as without legality to him whose own official sanction, but three years ago, proclaimed it valid. I am, very respectfully, Jonathan Worth, Governor of North Carolina.^ Governor Holden delivered his inaugural address on ^ Executive Correspondence, Worth, vol. ii, p. 17. Gov. Worth con- tinued to reside in Raleigh until his death, in September, 1869. 292 RECONSTRUCTION IN NORTH CAROLINA July 4 to an enormous audience, composed, for the most part, of negroes. He reviewed the new constitution, and declared that the government established under it must be administered, in every department, by the friends of recon- struction. He defended the carpetbaggers, stating what was a fact, that most of the leaders in the history of the State had also been born elsewhere. He declared his oppo- sition to mixed schools and urged a development of public education for both races. He promised the colored voters that the ballot would never be taken from them, and threat- ened confiscation, if an attempt should be made to do so. Speaking of negro suffrage, he said : " The repugnance to it, which exists among many of our people, will gradually subside when they shall be convinced by actual experience that none of the evils they anticipated have resulted from it." As a whole, the address gave a better promise for the future than was expected, and far better than was fulfilled. In the meantime, the legislature met and, on July 2, rati- fied the Fourteenth Amendment.^ General Canby was noti- fied of the fact, and immediately ordered military interfer- ence with civil functions to cease. On July 6, three of the members of Congress from North Carolina were sworn in, and within a few days, two more were admitted. Two were unable to take the "iron-clad " oath,' and were compelled to wait until the adoption of the substitute for the benefit of those from whom disabilities had been removed.* On July II, a proclamation by President Johnson announced that North Carolina had fulfilled the requirements of Con- gress. In the meantime, John Pool and J. C. Abbott had ' The vote on the ratification of the Fourteenth Amendment was : Senate, 34 yeas, 2 nays. House, 82 yeas, 19 nays. ' Nathaniel Boyden and O. H. Dockery. 'Laws, 40 Cong., 2 sess., chap. 139. THE CONVENTION OF ises AND ITS WORK 293 been elected to the Senate over William A. Graham ^ and M. E. Manly, and were sworn in on the thirteenth. By July 20, the representation of the State was complete. North Carolina was thus restored to her place in the Union and, legally, reconstruction was at an end. But from a social and economic standpoint, or from an internal politi- cal standpoint, it now began. ' Garrett Davis wrote Graham on July 7, and urged him to present himself at once at the har of the Senate and demand to be sworn in on the ground of his previous election. CHAPTER SEVEN The Freedmen's Bureau ^ i. organization Among the most important factors in the work of Recon- struction was the Freedmen's Bureau. Created for the purpose of caring for the homeless, destitute, and suffering of the negro race, regarded by many as the wards of the nation, it became by judicious manipulation the most active radical political agency in the South, and because of that fact it has often failed to receive due credit for the good which it actually accomplished. No sooner had the Union troops gained control of South- ern territory than the problem of the negro became one of great importance. Leaving their homes by thousands, the negroes thronged to the camps and thus became dependent upon the troops, not only for protection against re-enslave- ment, but also for food and clothing. It was not in accord with Northern sentiment that they should be returned to their owners, and it was manifestly impossible to turn them adrift, not only on account of the cruelty of the action, but because they refused to be left. In several of the States, provision was made for their support and employment by the so-called Department of Negro Affairs which was con- ducted by military officers and which was supported by the proceeds of captured and confiscated property and by vol- untary contributions from the North. ^ In North Carolina 'Reprinted from the South Atlantic Quarterly, Jan. and April, 1909. 2 Garner, Reconstruction in Mississippi, pp. 249-253. Fleming, Civil War and Reconstructioti in Alabama, pp. 421-424. 294 THE FREEDMEN'S BUREAU 295 a multitude of negroes came under control of the army in 1862 when New Bern was taken by the Union forces. The number increased constantly throughout the war and the problem of caring for them assumed a serious aspect. In 1865, when Sherman's columns entered the State, a swarm of negroes from South Carolina followed them, augmented from day to day by numerous recruits from North Carolina. When the army reached Fayetteville about 8,000 were in attendance. Most of these were sent from there tO' Wil- mington, where a great number had already congregated.^ When, in the summer of 1865, General Schofield assumed command in the State, he issued a series of regulations for the guidance of freedmen. This action, like the policy of military commanders elsewhere in the South, was not re- garded as sufficient for the solution of the problem, as in- deed it was not. In the meantime, other agencies for the relief of the freedmen had been actively at work. Under the act of March 3, 1863," the Secretary of the Treasury had been authorized to appoint special agents to collect captured and abandoned property in the insurrectionary States. These agents, to some extent, took hold of the question of the freedmen at once, but by the act of July 2, 1864,^ they were directed to provide for the welfare of the former slaves, and Secretary Fessenden issued a series of regulations re- lating to freedmen. These regulations provided for super- vision by the general agent of matters relating to the freedmen and for the establishment of freedmen's home colonies and labor colonies, the assignment of land to them, and the establishment of schools.* The plan went into ^ Oif. Rec, no. 100, pp. 39, 80. ^ Statutes at Large, xii, p. 820. ' Ibid.,->6.n, p. 375. ^Report of the Secretary of the Treasury, 1864, pp. 294-324. ,296 RECONSTRUCTION IN NORTH CAROLINA operation almost immediately, but it was not destined to succeed. The military authorities and the treasury agents clashed and were soon involved in misunderstanding. In many cases, too, the latter were notoriously corrupt. The regulations, however, continued in force until the estab- lishment of the Freedmen's Bureau in 1865.^ Aid by the federal government, however, was not all that the freedmen had to look to for organized relief. The American Missionary Society by 1862 had missions and schools established in New Bern, among other places in the South, and its activity continued for many years.'' Other organizations rendered valuable relief service elsewhere in the South, but did little in North Carolina. As early as January, 1863, a bill was introduced into Congress providing for the establishment of a bureau of freedmen's affairs, but for various reasons its passage was not secured, and it was not until March 3, 1865, that Con- gress took definite action. On that day, a bill for the estab- lishment of a bureau for refugees, freedmen, and abandoned lands passed Congress and, signed by President Lincoln, became a law. The act provided for the establishment of a bureau in the War Department which, under regulations prescribed by the commissioner and the President, should supervise and manage all abandoned lands and should con- trol all matters relating to refugees and freedmen from the insurrectionary States and wherever the army was engaged. Its duration was limited to one year from the close of the war. At its head was to be a commissioner appointed by the President, and assistant commissioners might be ap- pointed for each insurrectionary State." Provision was ' Peirce, The Freedmen's Bureau, p. 25. ''Ibid., p. 26. ' The commissioner was to receive a salary of $3,000, and give bond in the sum of $50,000. The assistant commissioners were to receive $2,500, and give bond in the sum of $20,000. THE FREEDMEN'S BUREAU 297 made for clerks, and it was provided that army officers might be assigned to duty under the act. Supplies for the relief of the refugees and freedmen were to be issued by the War Department, and the commissioner might set apart confiscated or abandoned lands for the use of the freedmen. Of these lands, not more than forty acres might be leased to any male citizen, whether refugee or freedman, and he was to be protected in its enjoyment for three years. For the important office of commissioner, President Lincoln, before his death, chose General Oliver O. Howard, and he was appointed by President Johnson, who knew the wish of his predecessor. General Howard was an honest, kindly gentleman, much given to acting upon theories based upon insufficient knowledge, and deeply interested in the progress and welfare of the freedmen. Lacking as he was in prac- tical knowledge and easily deceived, his administration was, in many respects, a failure through no fault of his own. For the position of assistant commissioner in North Carolina, General Howard selected Colonel Eliphalet Whit- tlesey, of Maine, a cultured gentleman, formerly a pro- fessor in Bowdoin College. The assistant commissioner was given supervision over abandoned land and over all matters relating to refugees and freedmen. The wants of the needy were to be supplied and the freedom of the ne- groes guaranteed. Other matters coming within his prov- ince were the family relations of the freedmen, the settle- ment of differences and difficulties between the negroes and the whites, assistance to the negroes in securing land, and the removal of prejudice on the part of old masters. This last duty shows very clearly the attitude of the bureau. Stress was also laid upon instruction of the freedmen as to their new duties and responsibilities. The assistant com- 298 RECONSTRUCTION IN NORTH CAROLINA missioner was subject to military rules, but wide jurisdic- tion was given him in matters of detail.^ On July I, Colonel Whittlesey entered upon his duties and at once issued an address inviting the co-operation of both races. On July 15, he issued a second circular organ- izing the bureau in the State/ The State was divided into four districts and superintendents appointed as follows : DISTRICT HEADQUARTERS SUPERINTENDENT Eastern New Bern Captain Horace James Central Raleigh Lieut. Dexter E. Clapp Western Greensboro Major Smith Southern Wilmington Captain Robert B. Beath Major Chas. J. Wickersham.^ Colonel Whittlesey's iirst intention was to make each county a sub-district, and in pursuance of this plan he wrote a note to every member of the convention of 1865, then in session, asking for recommendations of suitable men in each county as agents. Not a delegate replied.* He was, however, opposed to any but military officers acting as agents, and, as there was a lack of these, he had to^ change his plan, and in consec[uence two to eight counties were em- braced in each sub-district. The eastern district had eight sub-districts; the central, nine; the western, six; and the southern, four. During the first year there were thirty- three assistant superintendents, but the largest number at any one time was twenty. Three times the organization ' Peirce, The Freedmen's Bureau, pp. 50-52. ' The following were appointed to duty at headquarters : Major Charles J. Wickersham, assistant adjutant general; Lieutenant Fred H. Beecher, acting assistant adjutant general; Capt. Thomas P. John- ston, assistant quartermaster ; Capt. George C. Almy, commissary of subsistence; Surgeon Lewis D. Harlan, medical officer. ' Major Wickersham succeeded Captain Beath almost immediately. *Ho. Ex. Docs., no. 27, 39 Cong., i sess., p. 14. THE FREEDMEN'S BUREAU 299 was almost broken up by the mustering-out of regiments.^ In 1867, the State was divided into ten sub-districts, aver- aging eight counties each. Whenever possible, a mihtary officer was assigned to each section of three counties, but this was not often practicable. Later the sub-divisions were again reduced to four: Goldsboro, Raleigh, Wilmington, and Morganton. In his instructions to the officers of the bureau. Colonel Whittlesey stated the following objects: (i) to aid the destitute, without encouraging dependence; (2) to protect the freedmen from injustice; (3) to assist freedmen in obtaining employment at fair wages; and (4) to encourage education." In the main. Colonel Whittlesey's instructions were marked by moderation and good sense. In his address, however, he could not refrain from the fol- lowing characteristic advice to the white people of the State : " The school house, the spelling book, and the Bible will be found better preservers of peace and good order than the revolver and bowie knife." But he warned the officers that complaints would be greatly exaggerated and that prudence was necessary to avoid injustice to both races. To the freedmen, he said that they were given new rights, but with these rights went new duties and responsibilities which must be fulfilled. He further warned them that they must be honest, patient, and law-abiding and assured them, in such a case, of the friendship of all good men. On Au- gust 15, he advised them to enter into contracts for labor, assuring them of the falsity of all rumors that they were to be given land by the United States government. This " forty acres and a mule " myth, which had been begun and fostered by subordinate officers of the bureau and by North- ern people in the South, he denounced as " an attempt of 1 Ho. Ex. Docs., no. 70, 39 Cong,, i sess., pp. 386, 387. '^ Ibid., pp. 3-4. 300 RECONSTRUCTION IN NORTH CAROLINA rebel politicians to fire the Southern heart/ The myth was spread and generally accepted by the negroes until 1866 and was a great hindrance to any improvement in labor conditions. In May, 1866, Colonel Whittlesey, in consequence of the report of Generals Steedman and Fullerton, was displaced and was succeeded by General Thomas H. Ruger, then in command of the department. In June the latter was as- signed to other duties and was succeeded by General John C. Robinson. Upon the departure of the latter, early in 1867, Colonel James V. Bomford acted as assistant com- missioner until April, when General Nelson A. Miles as- sumed the office, which he filled until the termination of the bureau's activity, January i, 1869. During the whole period of the existence of the bureau, there was constant changing of subordinate officials, with a consequent loss of efficiency through the inexperience and ignorance of those who continued the work scarcely begun by their predecessors. 2. RELIEF WORK, LABOR, AND THE ADMINISTRATION OF JUSTICE Of all the activities of the bureau, the most important was the relief of the destitute. It is in regard to this matter, also, that it deserves most praise and least blame. And yet, it was in connection with this that the greatest corruption appeared. The gravest charges, however, as will appear, were not of corruption, but of inefficiency, ignorance, and intense prejudice. The first problems that had to be settled were how to feed the starving and to clothe the naked. Reference has already been made to the flocking of the freedmen to the towns, where hundreds, if not thousands, declining to work even 1 Ho. Ex. Docs., no. 70, 39 Cong., i sess., pp. 2-4. THE FREEDMEN'S BUREAU 301 when opportunity was afforded, were without any means of support, and were on the verge of starvation. There were also many refugees who were destitute and to these the bureau gave much needed assistance. Rations were issued by the bureau, and to some clothing and medicine were furnished.^ It is unquestionable that much suffering and destitution were thus relieved. But it is equally true that, in spite of many efforts on the part of the higher bureau officials to prevent it, advantage was taken of this relief by the undeserving and that, in the case of freedmen, it was an encouragement to idleness and a serious hindrance to an early settlement of the labor problem. Dishonest bureau officials also used the system to build up individual influence among the negroes, and for these reasons it gained for the bureau in time the dislike and opposition of the white population. Negroes often came many miles to draw rations and then exchanged them for luxuries, which were consumed at once." So great became the complaint that in August, 1866, General Howard ordered that the issuing of rations should be discontinued except to the sick in hos- pitals and to orphan asylums.'* This greatly reduced the amount expended by the bureau and may have, to some ex- tent, improved labor conditions. But in the winter and ' A ration was as follows : pork or bacon, 10 ounces in lieu of fresh beef ; fresh beef, 16 ounces ; flour and soft bread, 16 ounces, twice a week; hard bread, 12 ounces, in lieu of flour or soft bread; corn meal, 16 ounces, five times a week; beans, peas, or hominy, 10 pounds to 100 rations ; sugar, 8 pounds to 100 rations ; vinegar, 2 quarts to 100 rations ; ■candles, 8 pounds to 100 rations ; soap, 2 pounds to 100 rations ; salt, 2 pounds to 100 rations ; pepper, 2 ounces to 100 rations. Women and children were also allowed rye coffee at 10 pounds per 100 rations, or tea at 15 pounds per 100 rations. Ho. Ex. Docs., no. ii, 39 Cong., I sess., p. 47. 2 Ho. Ex. Docs., no. 70, 39 Cong., i sess., p. 387. 3 Ho. Ex. Docs., no. i, 39 Cong., 2 se-'s., p. 712. 302 RECONSTRUCTION IN NORTH CAROLINA spring of 1867, owing to the severe winter and the failure of crops the previous season, there was much suffering, and the order, already carried out only in a modified form, was supplanted by a special resolution of Congress, setting aside a relief fund. Of this, during May, June, and July, $32,480 was spent in North Carolina, and ro,i85 persons were as- sisted/ Besides this, in the period from June i, 1865, to September i, 1868, when the issue of rations was of most importance, there were issued in North Carolina 1,895,- 065J4 rations, valued at $473,766.50.^ No report was ever published in relation to clothing and other supplies fur- nished by the bureau, but allusions to the matter show that a large amount was expended in this way. Closely related to this relief of the destitute was the treat- ment of the sick, and, as has been seen, a medical depart- ment was established at once. Eight hospitals in all were established, located at Wilmington, Raleigh, Beaufort, New Bern, Roanoke Island, Salisbury, Greensboro, and Mor- ganton, with a united capacity of six hundred patients. Dispensaries were established in 1865 at Raleigh, New Bern, and Wilmington, and later others were added. Regi- mental surgeons were assigned to duty in the hospitals and dispensaries, but, on account of the lack of such officers, there were never more than four in any one year of the bureau's existence, and, consequently, contract surgeons were employed, the highest number in any one year being '^Ho. Ex. Docs., no. i, 40 Cong., 2 sess., p. 641. ^ The statistics by years in relation to the issue of rations are as follows : Period To Refugees. June I, 1865 to Sept. i, 1866 6,716 To Sept. 1, 1867 55,129 To Sept. 1, 1868 23s Total for period 62,080 To Freedmen. Total. 1,419,978^ 1,426,394^ 311,799 366,928 101,508 101,743 i,833,28s'/< i,895,36S'/4 THE FREED MEN'S BUREAU 303 fourteen. Attendants in the hospitals were employed by the bureau, the highest number at any one time being forty- five, in 1867. Much benefit came from the work of the medical department and it deserves the highest praise for its efficiency. In the period from the organization of the bureau until July i, 1869, 40,186 freedmen and 157 re- fugees were treated. Of these, 4,588 freedmen and 21 refugees died, a percentage of .114 and .135 respectively. The percentage of deaths among the colored patients in 1865 was .49, falling to .03 in 1868, but rising to .42 in 1869, when practically all the patients were incurably dis- eased.^ ' The following tables give the details of the medical establishment in North Carolina: Period. Hospitals. Capacity. Dispensaries. Asylums. Oct. I, i86s 3 140 — 3 Oct. I, 1866 8 600 3 — July I, 1867 6 447 I — July 1, 1868 I 75 6 — July I, 1869 I 75 6 — 1 1866 negroes were admitted to the State hospital for the insane. MEDICAL STAFF. Attendants. Period. Army Surgeons. Contract Surgeons. Mai e. Female. Oct. 1, 186s I 5 9 13 Oct. 1, 1866 4 14 16 18 July I, 1867 2 12 26 19 July I, 1868 2 10 17 19 July I, 1869 I 4 — 6 PATIENTS TREATED AND DIED. Freedmen. Refugees. Period. Treated. Died. Per Cent. Treated. Died. Per Cent. Oct. 30, 1865 5,686 2,752 .49 157 21 •135 Sept. I, 1866 1S.767 1,176 .069 — July I, 1867 7,662 292 ■036 — July I, 1868 8,699 268 •03 — July I, 1869 2,372 ICO .422 ■ — 304 RECONSTRUCTION IN NORTH CAROLINA But the bureau was created not only to care for those incapacitated for labor ; its purpose was also to furnish an opportunity for labor to those who could support them- selves. This was done in two ways : ( i ) by settling the freedmen upon confiscated and abandoned land, and (2) by exercising supervision of the contracts made for labor on the part of the freedmen. The land contemplated by the act of Congress was in the hands of the Treasury De- partment, but was soon turned over to the bureau. Much of it had already been leased out by the treasury agents, and no attempt was made by the bureau to interfere in such cases, but plans were made to dispose of it to freedmen and loyal refugees at the expiration of the terms of lease. President Johnson, however, took the sound view that a pardon restored property rights, and, to General Howard's great disappointment, he ordered the restoration of the property of all such pardoned persons.^ Consequently the restoration of the land commenced at once. The bureau had possession in North Carolina of 98,568 acres and 420 pieces of town property. By January, 1866, 50,029 acres and 287 pieces of town property had been restored and most of the remainder was restored within the next two years.' The bureau officials were guilty of overbearing and im- proper conduct in a number of instances in the seizure of property. In Wilmington, the city library room in the city hall was seized and occupied for nearly a year, in spite of numerous protests by the citizens and the city authorities." And a still more flagrant case occurred in New Bern, where ' General Howard in his Autobiography, vol. ii, chap, xlix, has much to say of what he calls the injustice of the President's action, ^ The figures given are approximatelj' correct, according to the re- ports of the assistant commissioner. So much carelessness appears, and so many contradictions, that they cannot be entirely accurate. ^ Wilmington Journal, Oct. 2, 1866. THE FREEDMEN'S BUREAU 305 Capt. Horace James,' of the bureau, seized the house and lot of Dr. Samuel Marten. Later on Captain Rosekrans suc- ceeded James and, the house having seven rooms, opened a boarding house. Dr. Marten applied for the restoration of his property, but was refused on the ground of a previous difficulty he had had with Captain James. The complaint was forwarded by Governor Worth to Colonel Whittlesey, who refused to surrender the house, stating that it was needed by the bureau.* It was later restored by General Howard upon the recommendation of General F. D. Sewall." Such conduct was well calculated to render the public blind to much of the good that the bureau was actu- ally accomplishing. In some cases the negroes were settled upon private prop- erty, and, in spite of all efforts on the part of the owners to dislodge them, possession was secured for a long period.' On Roanoke Island the government had divided the seized land into one acre lots, and the negroes were so well satis- fied with government support that, in November, 1866, 1,700 were still there in spite of the efforts of the bureau to dislodge them; and the district superintendent recom- mended the restoration of the land to its owners, that they might compel the freedmen to move."' In one or two in- stances farms were established for dependent paupers, as at Goldsboro in 1866." Even more far-reaching in its effects upon the State as a ''■ James, according to his own account, had been General Howard's first choice for assistant commissioner. ' Executive Correspondence, Worth, vol. i, pp. 57, 61. ' Ho. Ex. Docs., no. 120, 39 Cong., i sess., p. 35. * Bryan v. Spivey, 109 N, C, 57. '^ Sen. Docs., no. 6, 39 Cong., 2 sess., p. III. « Ho. Ex. Docs., no. 120, 39 Cong., i sess., p. 4. 3o6 RECONSTRUCTION IN NORTH CAROLINA whole than the relief of the destitute, was the relationship existing between labor and the bureau. Soon after the bureau commenced its operations, General Howard issued instructions to his subordinates outlining the general policy of the bureau in this regard. Agents were to be appointed in each sub-district to look after labor matters, with the special duty of approving contracts and settling the rate of wages. In regard to certain things, such as the freedom of choosing employers, the abolition of any form of com- pulsory, unpaid labor, the abolition of the overseer system, and the prevention of any acts of oppression, the rules were general and inflexible, but his instructions otherwise were merely advisory, to be modified as local conditions might demand. Written contracts were recommended as safer and less likely to cause misunderstanding. To facilitate the work of furnishing employment, Colonel Whittlesey entered into an arrangement with L. P. Olds & Co., a iiimi of land agents, by which an intelligence office was main- tained in almost every county in the State. The agents at once began supervising the making of contracts, and by March 31, 1866, 717 had been witnessed and approved, and over 6,000 negroes had been given employment.^ The rate of wages varied, but the average was between $8 and $10 per month. ° The witnessing of contracts, however, was far from making labor conditions satisfactory. Even Colonel Whittlesey, always inclined to regard the freedmen with a more partial eye than he did the Southern whites, was ob- liged to confess, as early as the fall of 1865, that it was extremely difficult to make the negroes keep their contracts.^ In their unsettled and excited condition, a long period of ' No figures are available as to the whole number of contracts witnessed. ^ Ho. Ex. Docs., no. 70, 39 Cong., 2 sess., p. 391. ^ Ho. Repojts, no. 30, 39 Cong., i sess., p. igi. THE FREEDMEN'S BUREAU 307 work seemed too irksome, in fact, a return to slavery, and the tendency to idleness was increased by the issue of supplies by the bureau and the ease with which they were obtained. Even when they consented tO' make contracts, it was in most cases for a short period and, whenever possible, for wages rather than for a share of the crop. This was natural, but, in the practical working out of the plan, most disastrous. In most cases no sooner was a pa3anent of wages made than the laborers, regardless of whether the period of employment had expired or not, abandoned work and proceeded to spend their earnings in riotous living. The bureau was power- less to remedy this; though in most instances that came before him, Colonel Whittlesey did all in his power to assist employers so treated. The same, however, could not be said of most of his subordinates. Another apparently popular plan of the negroes was to refuse to work just when the crops needed most attention. In many cases of this sort, employers were forced by the bureau to fulfil the terms of the contract, regardless of the failure of the other parties. This injustice rankled and was the cause of many of the cases of cruelty which were reported by the bureau in such horror. It was hard for the planters to accustom themselves to a condition of affairs in which a negro could refuse to work, often in a defiant and insolent way, and not be punished for it ; and so it is not a remarkable fact that they at times took matters in their own hands. Nor is it to be denied that there were cases of great cruelty and oppres- sion. But these were the exception rather than the rule. The bureau officials, partial to a degree in favor of the negroes, said that four-fifths of the white people were ready to treat the negro with fairness ; ^ and it is a fact that many 1 Ho. Reports, no. 30, 39 Cong., i sess., p. 191. 3o8 RECONSTRUCTION IN NORTH CAROLINA of the remainder would have been so incHned had it not been for the bureau. As time went by, hostihty was in- jected into the relation between the races, and labor condi- tions remained in a most unsettled condition for many years. That they were finally settled after a fashion was in no sense due to the exertions of the bureau, but to the edu- cation which experience gave both races, and to the natural laws which govern labor. The bureau officials kept the freedrnen stirred up and the charge was frequently made that many of the agents made a regular practice of levying contributions from employers b)' means of threats of tak- ing awa)' their laborers.^ To enforce fulfilment of contracts and to protect the freedmen from injustice, the bureau was given judicial pov/ers. The jurisdiction of the bureau courts extended wherever civil courts were interrupted, where negro testi- mony was not allowed, or where punishment differed for mem.bers of the two races, in all cases in which a negro was a party." When the punishment exceeded one month's im- prisonment or one hundred dollars fine, the case went to a military commission.' In such cases as went to the civil courts, bureau officers were directed to appear as counsel for the freedmen. For some time after the establishment of the bureau, its courts acted without interruption, but when the provisional state courts established by Provisional Governor Holden began their work, complaint was made of the exercise of jurisdiction by the bureau. Governor Holden and General Ruger, who was in command of the department, made an agreement as to the jurisdiction of the civil and military 1 This charge was wide-spread, but the author has never been able to substantiate it. '^ Ho. Ex. Docs., no, ii, 39 Cong., i sess., p. 45. ^ Ibid., no. 120, 39 Cong., i sess., pp. lo-ii. THE FREEDMEN'S BUREAU 309 courts, which was satisfactory for a time, but was not gen- erally observed by the bureau courts.^ As soon as Governor Worth came into office, he made efforts to secure full jurisdiction for the civil courts. The laws of the State, after March 10, 1866, made little dis- crimination between the races, and it was thought that no valid objection could be made to leaving the entire admin- istration of justice to the state courts. In the case of but one crime was the punishment different for black and white, ^ and negro testimony was adm.itted in all cases where a negro was concerned. In all other cases it was admissible by consent. This difference, however, was sufficient to pre- vent the bureau from surrendering full jurisdiction, espec- ially as it was provided in the law that negro testimony should not be admitted until state courts were given their full jurisdiction. Jurisdiction in all cases of crimes com- mitted by freedmen, however, was transferred at once.^ In April, 1866, Colonel Whittlesey attempted to interfere with the whipping of a negro convicted of larceny by writ- ing to Judge Fowle that, as white men were in most cases tried by military commissions, a discrimination against the negroes was the result. Judge Fowle with much point re- plied that under the law the penalty was the same for black and white and that, if military interference with the courts resulted in injustice, a remedy was easily to be found in leaving the cases to the civil courts.* 1 Executive Correspondence, Provisional Governor, pp. 177-g. The agreement was that cases concerning white persons only should be tried by the civil courts, while all those cases concerning negroes should be left to military courts. But the civil courts were given power to order the arrest of negroes and bind them for trial. ' An assault with intent to commit rape by a negro upon a white woman was made a capital offence. 8 Ho. Ex. Docs., no. 120, 39 Cong., i sess., p. 5. * Standard, April 25, 1866. 3IO RECONSTRUCTION IN NORTH CAROLINA In July, the convention removed all distinctions which ex- isted so far as justice was concerned, and, on the thirteenth. General Robinson, who had succeeded Colonel Whittlesey as assistant commissioner, directed the bureau agents to transfer all cases to the proper civil courts except such as related to wages due under contracts witnessed by bureau officials, which, for the sake of promptness, should be ad- judicated as before/ Other claims went to the civil courts, but bureau officials were ordered to attend courts and see that justice was observed. They were also directed to take jurisdiction in such cases as the civil courts neglected. Gen- eral Robinson stated later that he had no cause to regret his action, as in nearly every instance the courts were fair and impartial. This opinion was also expressed by General Sewall.^ This was particularly true in regard to the super- ior courts.^ Jurisdiction in the reserved cases was retained until the completion of reconstruction in 1868, when it was surrendered to the regular courts. To facilitate the transi- tion. Governor Holden commissioned all the bureau agents as magistrates.* No accurate figures are preserved regarding the judicial work of the bureau, but an idea of the immensity of it can be gained from a statement of Colonel Whittlesey in May, 1866, that ten thousand cases of difficulty between blacks and whites had already been settled." General Miles wrote General Howard in 1867 that in one office six hundred cases ' A short time before this Governor Worth had been engaged in a very heated correspondence with General Robinson, who he thought was making a deliberate effort to bring the administration of justice in the State into disrepute. - Ho. Ex. Docs., no. 120, 39 Cong., i sess., p. 35. 3 Sen. Docs., no. 6, 39 Cong., 2 sess., pp. 101-2. * Ho. Ex. Docs., no. i, 40 Cong., 3 sess., p. 1038. ■'' Ihid., no. 123, 39 Cong., 1 sess., p. 21. THE PREEDMEN'S BUREAU 311 and in another four hundred were settled within a period of four months/ As to the character of the justice administered by the bureau there is but little doubt. Probably in many cases it prevented injustice; certainly in more it perpetrated injus- tice. The testimony of a negro, regardless of his character and often of his knowledge of the matter involved, was usually accepted as more reliable than that of white per- sons of the highest character and the fullest knowledge of the case.^ And yet ignorance and prejudice were more re- sponsible for the conduct of the officials than bad inten- tions. But in many cases the power of the bureau was used by its officials for the purpose of humiliating white citi- zens and thereby giving the negroes a most vivid and popu- lar manifestation of that power. That the influence of the ' Standard, December 31, 1867. 2 An instance of this may be seen in the following case : W. R. Pool, of Wake, in 1867, had a cotton gin burned and fifteen of his hogs stolen. Some of these were killed near by and the blood and tracks were traced to the house of a freedman named Hinton, where a quantity of fresh pork was found concealed in a bed. He was indicted and at once complained to the bureau. The following letter was the result : " Bureau of Feeedmen, Refugees and Abandoned Land, Office of Agent Sub-District of Raleigh, Raleigh, N. C., Dec. 4, 1867. W. R. Pool: — Albert Hinton complains that you charge him with stealing meat. Mr. Pool, things have come to a strange pass if a colored man cannot buy meat from a wagon in the road without in- curring the charge of stealing. You had better look further than this man's house. Perhaps your olfactories will enable you to get on the right scent. You might come to market and seize every piece of meat you find on the stand, on the same principle on which you charge him of stealing. You will call at this office and explain this matter. These men shall be protected in what is just. Yours respectfully, H. C. Vogell, Agt. B. R. F. & A. L." This letter is to be found in the Sentinel, Dec. 19, 1867. 312 RECONSTRUCTION IN NORTH CAROLINA bureau courts upon the negroes was bad is testified to by many competent and qualified to judge. Nor was its in- fluence good upon the white people, for it tended to bring about a condition of utter insubordination and contempt for all courts/ ' A. S. Merrimon to Jonathan Worth, Aug. 9, 1867. Executive Cor- respondence, Worth, i, p. 5SS. The following extract from a letter of Major H. C. Lawrence to William A. Graham, dated Feb. 14, 1866 shows such a clear perception of conditions by a Northern Republican and a former agent of the Bureau that it seems well to quote it. " Whilst there was and could be, no law but military law, or rather authority, the Bureau was a necessity to some extent. But to continue it after the States shall have given the blacks their civil rights seems to me the very reverse of sound policy, considered simply with refer- ence to that. It will engender hatred towards the blacks on the part of the whites, as a favored class to whom extra legal protection is given by the Federal Government — hatred towards the Government itself, which, by this system, pronounces the people regardless of justice, and brands courts and bar and juries, in advance, as ready perjurers. It substitutes for men learned in the law and soon to administer it, for trial by jury and the right of appeal, the decision of men who, in many cases, if not most, will know nothing of law; who will often be prejudiced, and some corrupt. It will incite in the blacks, to some extent, a sense of independence of the local laws, sanction their distrust of them, the courts, and people, and certainly cannot tend to educate them in the duties of citizens. Instead of allaying, it will beget jealousy and ill-will between the races to a greater degree than now exists, and finally produce the very evils it is intended to guard against. And how such a system can be exer- cised, except as a temporary military necessity in a conquered country, I cannot conceive. It is liable to all our old objections to the " fugitive slave law", and, unlike that, will be an ever-present, ever-acting evil; and its provisions are very incomplete for the end proposed, unless it is assumed that military authority is to remain paramount. ***** But if a State should establish such a judicial system, I think the Federal Government might well be called upon to enforce its guaranty of a republican form of government to the people of that State. I think it would be a less outrage upon the principles of self-govern- ment and upon the Constitution to treat the South as conquered territory and govern it by our territorial system, than to do what is proposed to be done." THE PREEDMEN'S BUREAU 313 Another activity of the bureau was the apprenticing of orphan negro children and watching the county courts to see that no such children were illegally bound out. Under the act of March 10, 1866, former masters were given the preference in securing apprentices, and this was held by the bureau to be a discrimination, working injustice to the negro and smacking too strongly of slavery. Consequently it was overruled at once. Colonel Whittlesey thought the whole system of apprenticeship wrong, because it resembled slavery.^ In this matter the bureau undoubtedly rendered a good service, for it checked a disposition* on the part of many to hold colored children in a state of subjection. All persons to whom colored children were bound were required to give a bond for the fulfilment of the contract, which re- quired education of the apprentice to the extent of reading, writing, and arithmetic.^ The theory of the bureau in re- gard to apprentice cases was based upon sound principles, but in its practical application it was at times severe upon both races. Arbitrary methods marked this sphere of bureau activity as they did all others. Opposition devel- oped in the State, and Governor Worth even appealed to General Howard against General Robinson's action in cer- tain cases but without effect.^ The system continued until the State was reconstructed. Closely connected with the relief work of the bureau, though not a part of it, was the Freedmen's Savings and Trust Company, a banking institution, chartered by Con- gress and intended to encourage habits of thrift among the negroes. Three branches were established in North Caro- lina, at New Bern, Raleigh, and Wilmington, respectively. The conduct of the company was characterized by care- 1 Sen. Docs., no. 27, 39 Cong., i sess., p. 16. - Ibid., no. 6, 39 Cong., 2 sess., p. 112. 3 Executive Correspondence, Worth, i, p. 306. 314 RECONSTRUCTION IN NORTH CAROLINA lessness, extravagance, and fraud, and it soon failed. In time the depositors received a part of their money, but a large part was gone forever. The following table shows the total deposits in the North Carolina branches and what was repaid : BRAMCH. DEPOSIT. REPAID. New Bern $i8,473.67 $11,950.16 Raleigh 16,423.36 10,920.23 Wilmington 22,149.27 14,608.57 Total $57,046.30 $37,478.96 The experience of the negroes with this institution bred a deep distrust of banks, which has not to this day been en- tirely removed. A more serious injury was the discourage- ment of habits of saving which resulted from this first ex- perience. 3. EDUCATION Probably in the mind of the commissioner of the Freed- men's Bureau, the most important duty intrusted to that organization was the education of the freedmen. Work in this field had been commenced in New Bern in 1862 by Vin- cent Colyer, of Massachusetts, and had been extended later by various religious denominations and benevolent associa- tions. When the bureau undertook the relief of the desti- tute, these organizations devoted practically their whole at- tention to education.^ The act for the establishment of the bureau made no pro- vision for negro education, and, therefore, for the first year it did little in the way of educational work. Some assist- 1 The following were the most important of these organizations: The New England Freedmen's Relief Association, New York National Freedmen's Relief Association, American Missionary Association. Friends' Freedmen's Aid Association, Freedmen's Commission, the Protestant Episcopal Church, and the Presbyterian General Assembly. THE FREEDMEN'S BUREAU 315 ance, however, was given to the charitable organizations just mentioned. Colonel Whittlesey in his address had held out to the freedmen a promise of education, and on July 15, he gave assurance that schools and teachers would be protected by the bureau, and he directed all officials to exercise supervision of the schools/ A short time later, Rev. F. A. Fiske, a native of Massachusetts, was made superintendent of education, and preparations were made for a vigorous educational campaign. Buildings were as- signed by the bureau for the use of the schools, but the en- forced surrender of the property of pardoned owners made this assistance of a temporary nature only. But by the provisions of the second bureau act, authority was given for increased educational activity, and the commissioner was empowered to supply buildings and furnish protection for the schools. More important still, a considerable sum was appropriated for educational work, and this was in- creased by later acts." In North Carolina the number of schools receiving as- sistance fluctuated, but a steady increase is to be noticed from year to year. On October i, 1865, there were 63 such schools in operation with 85 teachers and 5,624 scholars. On July I, 1869, there were 431 schools with 439 teachers and 20,227 scholars.'* The majority of the teachers were white, 1 Ho. Ex. Docs., no. 70, 39 Cong., i sess., p. 4. ' Statutes at Large, xiv, 173, 434. ' The following table shows the increase from time to time : TiMR Schools Teachers Pupils October 1 , 1865 ■. 6z 8S 5,624 January 1, 1866 88 119 8,506 April I, 1866 : 119 154 11,314 October r, 1866 62 68 3,493 March I, 1867 156 I73 11,102 October i, 1867 158 158 7,897 April I, 1868 336 239 i6,435 July I, 1869 431 439 20,227 3i6 RECONSTRUCTION IN NORTH CAROLINA and nearly all of them, both white and colored, were from the North. Transportation to and from the North was fur- nished by the bureau for a time in order to encourage teach- ers to come South, but the supply was limited and the need of institutions for the training of colored teachers was soon recognized, and substantial aid was given such institutions at St. Augustine's School in Raleigh and Biddle Memorial Institute in Charlotte.^ As might be expected no figures are available as to the amount spent by the bureau for educational work in North Carolina, but the following facts may throw some light upon the subject. From January to June, 1867, the bureau spent $5,525.85.' In 1869 and 1870, about $35,000 was spent yearly." The expenditure in 1869 was $1,700 monthly for support alone.'' Here, as in other departments of the bureau, existed opportunity for fraud, which, in con- sequence, was by no means unknown.^ By this time the public school system of the State, as re-established by the convention of 1868, had gone into operation. Public and private schools included, there were in the State 347 schools for colored people, employing 372 teachers and having in attendance 23,419 pupils." All concerned with educational work among the negroes bore testimony to the eagerness with which they sought knowledge, and high hopes were entertained of the result.' ' Now Biddle University. Both these institutions are still in exist- ence and are doing a useful work among the negroes. 2 Ho. Ex. Docs., no. i, 42 Cong., 2 sess., p. 653. ° -V. C. Leg. Docs., 1870-71, no. 6, p. 315. * Report of Superintendent of Public Instruction for 1869-70, p. 26. * N. C. Leg. Docs., 1870-71, no. 6, p. 269. '•Ibid., p. 280. ' The following is a typical account of school work among the THE PREEDMEN'S BUREAU 317 Such an eagerness was to be expected, for the freedmen, naturally imitative, were striving for everything which seemed an attribute of freedom, and the teachers never lost an opportunity of telling them of the new life which education, as they said, would open up to them. No thought apparently was given to the real conditions to be faced, and, to the average freedman, a smattering of education meant freedom from all toil thenceforth. The trouble with the whole plan was the one which has hampered progress ever since. It opened no new field for the activities of the negro, and, in far too many instances, entirely unfitted him for the sphere for which his circumstances as well as his nature and capabilities best prepared him. At best the education given was, as might be expected, of a merely superficial kind and would have been insufficient under the most favorable cir- cumstances. Upon the negro it was in most cases pro- ductive of little if any good. Much complaint was made of opposition to negro educa- tion on the part of the native whites. This was in great part due to the bureau and to the teachers in the schools. From the beginning there was opposition among the lower negroes, pathetic in its utter misunderstanding on the part of both teacher and taught of the realities which had to be faced : " The benefits of education are opened to old and young, and it is no infrequent occurrence to witness, in the same rooms and pursuing the same studies, the child and the parent — youth and gray hairs, all eagerly grasping for that which obtained, they are intellectually regenerated and are then prepared to enter the new career of life so long a sealed path to them. "As an evidence of the great interest manifested for acquiring knowl- edge, an instance, probably never before equalled in the history of education, is to be found in one of the schools of this State, where side by side sit representatives of four generations in a direct line, viz. : a child six years old, her mother, grandmother, and great- grandmother, the latter over seventy-five years of age. All commenced their alphabet together, and now each can read the Bible fluently." 3i8 RECONSTRUCTION IN NORTH CAROLINA element and a general disbelief among all classes that much good would result from the attempt to educate the freed- men, but among the influential and thinking people of the State there was no hostility, and it was favored by them rather than otherwise, provided that they were not taxed to pay for it. It was the fault of the bureau that this class was not actively enlisted in the cause of colored education. It was also constantly charged, and with truth, that the negro school houses were often burned by white people, but it was not generally recognized that the true explanation of these demonstrations of hostility was that they were di- rected not against the schools, but against the Union League, which, in many cases, used the school houses for meetings. The school house thus became the center of political activity among the negroes, to say nothing of its being also the source of much violence and crime. But the explanation of the hostility which later devel- oped towards colored education, as carried on under the auspices of the bureau, is easily to be found. With a due appreciation of the courage, devotion, and often the self- sacrifice of the teachers frorp the North, one is still forced to the conclusion that, as a class, they lacked moderation, tact, knowledge of the real condition and needs of the negro, and, in far too many cases, that most priceless possession, common sense. They were free in their criticism of the South and frank in expression of their dislike for Southern people. They were indiscreet in public speeches and per- sistently sought to antagonize the negroes against the white people of the South. They interfered with labor, particu- larly by influencing house servants so as to create discon- tent with their surroundings, and with this, they encour- aged, directly or indirectly, insolence to employers. They lived often on terms of absolute equality with the negroes and complained that they were not received socially. Fin- THE FREED MEN'S BUREAU 31Q ally, in some instances, they were of bad character.' These things were nearly all matters within their own discretion. They were not crimes, but simply mistakes fatal to any manifestation of sympathy on the part of the majority of the white people of the State. They are stated, not as ac- cusations, but only by way of explanation of the feeling towards bureau education. And so was lost the valuable ally that the white people of the State would have proved. After all, however, the main objection to the school work was not this phase of it, but the growing dislike for the bureau, the distrust of its methods, the coming of the negro into politics, and the apparent effect of the so-called educa- tion upon him. In the face of all these things it is not re- markable that bitter prejudice should have been aroused among the white people. In addition, there was a strong feeling that the North, having freed the slaves and deprived the South of the power to settle the future relations of the two races, was thereby charged with their education. Con- sequently by 1868, the prevailing attitude was one of indif- ference, varied in many cases by violent hostility. The statement is constantly made that the bureau began the public school system in the South. Whatever it did in other States, and it is by no means clear that any are in- debted to it to any great extent,^ this was not the case in North Carolina and any statement of the kind displays only ignorance on the part of the author.® No direct in- 1 Ho. Ex. Docs., no. 120, 39 Cong., i sess., p. 37. This statement is made upon the additional authority of information from many persons of entire reliability. ^ Peirce, The Freedmen's Bureau, pp. 85-86. ' General Howard in his Autobiography, p. 338, asserts : " It is a wonderful thing to recall that North Carolina had never had before that time a free school system even for white pupils, and there was then no publication in the State devoted to popular education. The 320 RECONSTRUCTION IN NORTH CAROLINA fluence of the bureau affected the provision for public edu- cation in the constitution of 1868. The former constitution also contained a provision for schools and, had the bureau never existed, it would still be found there. The State had long been committed to public education. In a final estimate of the educational work of the bureau, great praise must be given for the zeal and activity with which it was carried on. The great defects of the system were, as elsewhere in the bureau, largely the result of ignor- ance and inefficiency. Owing to this it is doubtful if the negroes received directly from the bureau much permanent benefit. Certainly, so far as concerned the attitude of the white people of the State towards negro education, it was productive of direct injury from which recovery was very slow, if indeed it has ever come. 4. GENERAL CHARACTER AND INFLUENCE OF THE BUREAU No more difficult task can confront the historical inves- tigator than an attempt to form a just estimate of the work, character, and general influence of the Freedmen's Bureau. Possibly no agency of Reconstruction excited more preju- dice among the white people of the South regardless of political opinions; probably none more justly deserved criti- cism and condemnation. That it accomplished much good is undeniable, but that it was of unmixed benefit, or prob- ably even that it accomplished more for the benefit than for the injury of either race, is a delusion, carefully fostered by its own officers and to be found only in the minds of an death of slavery unfolded the wings of knowledge for both black and white to brighten all the future of the ' Old North State.' " From 1840 to 1865 North CaroHna had a system of common schools in operation, with Calvin H. Wiley, after 1852, as Superintendent of Public Instruction, and ■ about $255,000 was expended yearly for their stTpport. In i860, there were 2,854 schools, 2,164 licensed teachers, and 135.479 pupils. TFIE PREEDMEN'S BUREAU 321 over-credulous portion of the public mainly in one section of the country and that the one knowing least about actual conditions in the South. A summary of its work in North Carolina will show its best and its worst features. As has been seen, four objects were stated by Colonel Whittlesey when he took charge, (i) the relief of the destitute, (2) protection of the f reed- men, (3) assistance of the freedmen in obtaining employ- ment, and (4) education. Regarding the first, it is found that great relief was furnished by the bureau during its operations and that hundreds and probably thousands were thus kept from suffering and starvation. And yet it is clear that it encouraged dependence on the part of freed- men, was a cause of considerable confusion in labor matters upon which the prosperity of both races rested, and gave opportunity for extravagance and fraud on the part of the agents. In this connection mention must be made of the scandal in bureau affairs in the State in 1866. In the spring of that year, in response to orders from the President, General James B. Steedman and General J. S. Fullerton made a tour of the South for the purpose of investigating the work and administration of the bureau. Their report in relation to bureau affairs in North Carolina was a most severe indictment of many of its officials, in- cluding Colonel Whittlesey.^ They reported that feeling in the State against the bureau was most intense and general and was probably due to the misconduct of its officers, many of whom were working plantations, running sawmills, and, with all the advantages which their position gave them, in many other ways coming into direct business competition with citizens employing colored labor. Complaint was also made of the arbitrary methods of the officials and of their ' The report is to be found in the Sentinel of May 3, 1866. 322 RECONSTRUCTION IN NORTH CAROLINA ignorance and disregard of local laws and customs. Col- onel Whittlesey was accused of making a false report to them in regard to the matters referred to, and also of being engaged in farming in Pitt County. Similar charges were made against Captain F. A. Seeley, superintendent of the eastern district. Captain Isaac Rosekrans was accused of theft, as was G. O. Glavis, an army chaplain and superin- tendent of the central district. Charges of cruelty and ex- tortion were made against one Fitz, assistant superintendent of the Trent River settlement, opposite New Bern. The charge was made that Captain Horace James, formerly superintendent of the eastern district, with an employee, had killed a negro convict without any action's being taken against them. Other officials were charged with various offences. Major Clinton A. Cilley, superintendent of the western district, was mentioned as a bright exception and was highly commended.^ Vehement denials were made by those accused, and it was later clearly shown that the ex- amination had been very hasty and inadequate and that many errors had been made.^ It is also true that the in- spectors had been sent for the purpose of gathering dam- aging evidence against the bureau to use as proof of the charges President Johnson had made in his veto of the sec- ond bureau act, and that, on this account, their report must be taken with a grain of salt. But it is also evident that far too much of it was true.* ' Major Cilley was a Democrat and not at all popular with his col- leagues of the bureau. 2 Ho. Ex. Docs., no. 123, 39 Cong., i sess. ' The following is an extract from the report, which gives an idea of the methods of some of the bureau officials : " In one of our interviews with the freedmen at New Bern, some of them who were employed in the commissary department of the bureau, stated that rations in bulk had been taken from the supply warehouse THE FREEDMEN'S BUREAU 323 General Howard at once declared that the connection of bureau officials with industry was beneficial and that he had encouraged it. He further made the astonishing statement that every accusation against the bureau or against its offi- cials was false/ Opinion in the State was divided on the question of the connection of bureau officials with agri- culture, but, among other papers, the Sentinel took the ground that nothing could be said against it. But, on May 21, General Howard prohibited bureau officials from en- gaging in business. General F. D. Sewall was also sent by General Howard to inspect and report on the condition and work of the bureau in the State. His report shows utter carelessness on the part of the officials, but he praised the institution in no uncertain terms, more than seems deserved from his own statements of fact, which were as biased in favor of the bureau as those of Generals Steedman and Ful- lerton had been against it.^ at unusual hours, before the doors were opened for the transaction of business, and hauled off in carts and wagons, and that on one occasion they had followed a cart containing four barrels of pork, to see if it went to the freedmen's ration-house. They ascertained that it did not. We investigated the case. Captain Rosekrans stated that he knew nothing about it. His brother, a citizen, whom he has employed to act as commissary sergeant, stated that the four barrels alluded to were ordered by himself to be taken from the store-house to the building from which rations are issued to the freedmen, but that the driver of the cart had made a mistake and took the pork to the wrong place, a provision store kept by Mr. P. Merlin, and immediately upon discover- ing the mistake he had it rectified and the pork returned to the store- house. Afterwards we called upon Mr. Merlin, who stated that at about the time Mr. Rosekrans said that the pork had been sent by mis- take to his store, he borrowed four barrels of pork from Captain Rose- krans, which he had not yet returned. He also stated that Captain Rosekrans on that day, and after his examination before us, called at his store and requested him to return the four barrels of pork imme- diately." Ho. Ex. Docs., no. 120, 39 Cong., i sess., p. 68. ' Howard to Rev. George Whipple, Standard, May 23, 1866. 2 Ho. Ex. Docs., no. 120, 39 Cong., i sess., pp. 31-39. 324 RECONSTRUCTION IN NORTH CAROLINA Colonel Whittlesey at first said that he had no time to answer such charges, but both time and opportunity were given him, for the President on May i6 directed the arrest and trial by court martial of all the accused, including such citizens as were in business partnerships with bureau offi- cials. Few were convicted,^ but suspicion of the bureau remained, and with cause." General Howard was directed by the court martial to censure Colonel Whittlesey, but said the direction to censure was sufficient, and, refusing to obey the order, recalled him at once to Washington where he gave him duties at bureau headquarters. No stain what- ever attaches to Colonel Whittlesey's name, and, during his whole administration, he acted as fairly and impartially as his bias for the negro would allow him. In the matter of protection of the freedmen, the bureau rendered a substantial service to the cause of justice to the negro, but here again another side, not so favorable, ap- pears. Injustice to the white people was common, and a false idea of freedom and of their position was instilled into the minds of the freedmen to their later detriment. Little can be said in criticism of the bureau's assistance to the freedmen in securing employment, except that it en- couraged dependence and that, through its operations, the negroes were led to distrust the Southern whites.^ If the ' The author has been unable to discover the result of all these trials. Glavis was convicted on several counts and was dismissed from the service. Nation, December 20, 1866. ' George O. Sanderson, of Massachusetts, for two years superinten- dent of the colony at Roanoke Island, testified before the Reconstruc- tion Committee that many agents in North Carolina were corrupt. At Roanoke Island, he said, a regular trade was carried on in Govern- ment supplies. Ho. Reports, no. 30, 39 Cong., i sess., pp. 179-180. • On October 12, 1865, when General Howard visited Raleigh, a pub- lic meeting was held. Among the speakers, two in particular con- demned the bureau as a bad influence in labor matters. These were THE F REED AJ EN'S BUREAU 325 charge before mentioned in this connection is true, the case is presented in a much worse light. Finally, in its educational activities, the bureau was of considerable assistance in encouraging negro education, but, even in this regard, it held out false hopes to the negroes, gave encouragement to false educational ideals which have not yet been entirely replaced by sound ones, and through fanaticism and lack of tact made many enemies for negro education in general. Apart from the direct objects of the bureau, it was active in a way that created the most intense hostility on the part of the white people. As early as September, 1865, its agents were busying themselves in a political way and pre- paring for the organization of the freedmen. This activity increased as time passed, and in 1867, the bureau agents were among the most active in extending the organization of the Union League and in arousing the negroes to politi- cal activity. An example of bureau methods was seen in Raleigh in 1867, when Dr. H. C. Vogell, a surgeon and bureau agent, issued a circular to the colored people advis- ing them to deal with certain merchants, presumably those favoring the reconstruction policy then in operation.^ Opinions may and do vary as to the correct view of the reconstruction measures, but there can be but one opinion of such an action as this. Political activity, particularly of the sort that strove to array race against race, was not the true policy, or even a defensible one, for the bureau. When it had come to this, it had outlived its usefulness and it was a good thing for black and white when it ceased to exist.^ Edwin G. Reade, president of the convention of 1865, and Alfred Dock- ery, a member of the same body, both inclining already to the Repub- lican party and both later to become radicals. Standard, Oct. 13, 1865. ' Western Democrat, November 12, 1867. ' Major H. C. Lawrence, a bureau agent, in his testimony before the Reconstruction Committee, said that the bureau was no longer needed. 326 RECONSTRUCTION IN NORTH CAROLINA That the faults of the bureau were in the main due to the character of its officials is proved by the fact that, where the agents were men of character and ability, the bureau was an influence for good. This was true in a marked de- gree in Raleigh, Charlotte, Tarboro, Goldsboro, and Salis- bury/ But these were exceptional cases, and in general the officers were to be distinguished for ignorance and ineffi- ciency. Prejudice,^ often with a reasonable basis, existed towards the bureau from the autumn of 1865, and, though at a later period than that its services were often requested,^ by Jan- uary I, 1869, it had become utterly hateful to the great majority of the white people of the State, who witnessed its demise without regret and with no respect for the de- parted. ' Colonel J. V. Bomford in Raleigh, Captain John C. Barnett in Charlotte, Captain Teal in Goldsboro, and Major Clinton A. Cilley in Salisbury, were popular with both blacks and whites, and there was but little friction between the races while they were in charge. ' As an example of the attitude of the press the following extract from the New Bern Commercial of May, 1866, is quoted : " The Freedmen's Bureau is an institution of doubtful utility and needs all proper investigation. It most certainly has a very bad repu- tation generally, whether deserved or not, and, if half that is reported of it be true, the sooner it is locked and laid aside, the better." ' In a number of instances the assistance of the bureau was asked by the state or county governments for the suppression of violence on the part of the negroes. CHAPTER EIGHT The Union League ^ The Union League was instituted in the North in 1862, when the cause of the Union was at its lowest ebb, with a view to organizing and strengthening loyal sentiment. The idea was popular and the society spread rapidly over the North, the local organizations being connected by a loose federation. Much credit is given' the organization for political effect when it was most needed. When the need disappeared, the various branches disbanded or tended to become social clubs composed of members of the same political affiliations. The society came to North Carolina with the Union armies and from time to time new members were admitted from the Union men in the State. A few negroes were also initiated. But no systematic attempt was made to ex- tend it widely until 1866 when it became evident that Con- gress would control Reconstruction in the interest of the Republican party, and that negro suffrage was inevitable. The agents of the Freedmen's Bureau had been actively at work among the negroes with a view to using them politi- cally if the opportunity should present itself, and had ex- tended their influence very widely among the newly-emanci- pated. They had, at the same time, done all in their power to alienate them from the native white population. In the process, they had learned much of the characteristics of the negroes and had become aware of their general insta- 1 Reprinted from the Sewanee Review of Oct., 1912. 327 328 RECONSTRUCTION IN NORTH CAROLINA bility. It was therefore clearly apparent that there was a necessity of taking further steps to control them; to bind them to the interest of the ambitious Northern politicians by something which would appeal to their pride and their emotions, and would at the same time organize them. The Union League furnished an ideal instrument through the effect of its ritual upon the ignorant and emotional negro and through the discipline of its organization. It was for this reason the chosen instrument of the carpet-baggers to carry on the work so well begun by the Freedmen's Bureau, and it thus became the second handmaid of Radicalism in the reconstruction of the State. Introduced by carpet- baggers, it was, for the entire period of its existence in North Carolina, controlled by them, chiefly for their own aggrandizement, and for that reason alone would have won the undying hatred of the native white population. In its development, however, it gave additional and abundant evidence of its entire unworthiness, and its very name has remained a symbol of all that was evil in Reconstruction. During the latter part of 1866 and the early months of 1867, a campaign of extension was entered upon. This was entirely in the hands of the aliens, for, while nearly every native white Republican joined to prove his "loyalty" and new-found devotion to the Union, the more respectable element soon became disgusted, and those who had joined from selfish motives soon found that whatever hopes they might have cherished of gaining advancement through the power of the organization were limited by the wishes and aspirations of the carpetbaggers who regarded the organi- zation as a personal asset and employed it accordingly. It often suited them to allow the election of natives to im- portant positions, but frequently the natives got only what was left. Even when the position was thus secured, more frequently than not, there was recognition of the fact that THE UNION LEAGUE 329 it was due to the grace of the aliens, and in consequence, their influence was preponderant in the conduct of the office. In the western part of the State, the League never became so important a factor because of the small negro population, the large number of native white Republicans, and also be- cause here were to be found few of the carpetbaggers. Western Republicans joined the League, but it was never popular, and the part of its history that is of importance is confined chiefly to the central and eastern parts of the State. The work of extension proceeded rapidly and by April, 1867, the State was well organized,^ and by August of the same year, practically every negro who would vote at the approaching election was an enthusiastic member of the League. Some few declined to join, preferring to be guided by their former owners in their entrance to political life. This species of ingratitude, not to say treason, for so it was regarded by the carpetbaggers, was seen to be a very dan- gerous menace to the political solidarity of the race, and the colored members of the League were not only encour- aged but ordered to deal with such unruly members of the race in a way that would convince them of the wisdom of yielding to Northern guidance and of acceptance of the planned hostility to the whites. The treatment accorded the dissenters was usually effective and a very small pro- portion of the negroes dared remain out of accord with the majority of their color. Those who did were subjected to every type of violence and intimidation. In Wilmington, a negro was severely whipped by order of the League.^ In Edgecombe, there was a similar case. In Franklin county, in 1868, the League sent a deputation to attack a reputable white farmer who had advised a servant, who had come to ' Conway Report. ' Sentinel, July 20, 1868. 330 RECONSTRUCTION IN NORTH CAROLINA him for counsel, not to join.^ Instances of this sort might be multiplied indefinitely for they occurred all over the State. Notices containing threats were posted,^ and politi- cal addresses abounded in suggestions of violence.'' Strict • Sentinel, Aug. 21, 1868. ' An example of this is seen in the following notice which was posted on the door of a Conservative negro in Hillsboro : " NOTICE FOR THOMAS GREEN. "A d — n Concurvitive . . . , we understand you ware out with Con- curvitive lys, but d — ^^n your time if you don't look out you will catch h— 1 shure. We herd you come very near catching it in Sharlot and if you don't mind you will catch it in Hills Boro shure enough and that Right. If your d — n Concervitive friends can protect you, you had better stick near to them in that hour for great will be your Desterny. This is the last of Our example. The next time will tell you your will on good behavior. " Postscript. You mind me of the sun of Esaw and who sold his birth Right for one mossel of meat and so now you have sold your wife and children and yourself for a drink of Liquers and have come to be a Conservitive boot licker. " Thorn, I would not give a d — n for your Back in a few days ; you Conservitive . . . ." Sentinel, April 10, 1868. ' The following is a characteristic example : " Nov. 4, 1867. "Genlman of Cole Rain, Bertie County. "Voters of Weston Districts will Bare in mind that the (2) Dela- gats now is Orthorised for the frend of all collars, and that contains Black and White Genlmans. Want you all To Du the Best for them that you can for this Country is in such mens hands like them and I know that you all Have sum under-standing as Well as me. And if you have not for Gods Sacke go to sum Person that you know will Correct you. if you Du not we are Hunted fer Ever. But you all know That your self and farther were genlmans — how can you vote for a man whar hav had your labor all your Days and thar ar not meny That will give you and mee justice, how can a collard man vote any other way only fur a cullard man at this time, and after the Constitu- tion then we Will send any Person that we Pleas White or cullard. But for this time try and make the Best step that you can. if thar should Bee any cullard Person that wants to vote A Democratic vote, THE UNION LEAGUE 331 orders were given members by their leaders not to attend Conservative meetings/ To assist in controlling the men, a league was established for negro women who bound them- selves not to marry or otherwise associate with men who were not members of the League.^ Thus, though boasting of the liberality of their ideas, and condemning the tendency of the South to resent differences of opinion in matters political, the carpetbaggers, from the beginning, not only discouraged but prevented any possibility of the negroes' exercising any independence in the enjoyment of the fran- chise. That, of course, was not the purpose of Reconstruc- tion and they cannot be very severely condemned, when their character is remembered, for refraining at the be- ginning from overturning a policy intended mainly to se- cure party supremacy. Such a thing was scarcely to be ex- pected from their kind, and therefore the chief condemna- tion must be directed against the policy itself and against the bare- faced hypocrisy which accompanied its execution. The plan looked simply to a complete and unyielding or- ganization which should force the negroes to register; arouse them to a high pitch of enthusiasm for the Repub- lican party and a corresponding degree of hostility against the Conservatives, and for that matter, in many cases, against all the white natives ; lead them to the polls in an un- broken phalanx which should secure Republican supremacy in the State and assist in preserving it in the nation ; and in the process, put into positions of honor, trust, and profit frail him untill he Knows Northing, if you Du that Will Bee just like thay served them in Veriginia & if thar shud Bee a man of such a Carractar make him shure fur a while. Thes are able Dellagats Mr. Parker D. Robbins. Briant Gee." 1 Sentinel, April 17, 1868. " Ibid.. April 25, 1868. 332 RECONSTRUCTION IN NORTH CAROLINA (with due emphasis upon the latter), the patriotic would-be statesmen who had dominated the organization from the beginning. Never was a political plan carried out with greater temporary success, for never were the members of a political organization so unfitted through ignorance for the privilege of suffrage, and therefore, unmoved by argument, they were as easily handled as so many sheep. It is no ex- aggeration to say that out of the Union League to a great extent grew the Solid South. The native white people from it conceived a dread of Republican supremacy which be- came inseparably connected in their minds with negro domi- nation, and learned from it a lesson in political organiza- tion which has not yet been forgotten. The results of the League organization are thus seen somewhat clearly, as well as the purposes of those conduct- ing it. But it is very evident from a study of its constitu- tion and ritual that its career in the South was a perversion of the intent of its founders, and that nothing was further from their minds than the violence and crime with which its name is inseparably connected. It is therefore very diffi- cult for one who knows the organization only through these documents to understand the positive detestation in which its memory is held. That is the result of its later develop- ment, due in large part to the bad character of the white leaders, and the license into which liberty soon developed with the negroes. It is true that only in scattered cases is there proof that the League in council resolved upon the commission of crimes, though there are more instances of this than are usually known. But it is a fact established be- yond question that the members of the organization very frequently acted together in crime and that the meetings were the occasion for violent and incendiary speeches in- tended and calculated to arouse the negroes against the whites at whatever cost, and that in them all sorts of rash THE UNION LEAGUE 333 and extreme statements and violent threats were made.^ It is not wonderful then that the ignorant and emotional negroes should go away with the firm belief that the gospel of "kill and burn," which was so constantly preached by their leaders, was indeed a command with final authority behind it. This was emphasized by the character of the literature sent out by the national organization. Much of this was incendiary; all of it was intended to arouse hos- tility against political opponents.^ The element of secrecy in the League was a powerful factor in making it irresistibly attractive to the negro. The ceremony of initiation was skilfully devised to heighten this feeling. Professor Fleming aptly expresses it in saying, " It made him feel fearfully good from his head to his heels." ^ The meetings were always held at night, not only to secure full attendance, but because their effect was thereby greatly increased. The night, too, was the time that the negroes regarded as particularly their own. The chief de- light of the freedmen was to be found in the initiations. In outline they were as follows: The council assembled in the hall, usually a school house or church,* and the assistant vice-president went to an ante-room where he addressed the candidates, describing the purposes of the order as the pre- ' A young man in 'Raleigh who was noted for his power of mimicry went disguised night after night to the League meetings. His testi- mony was conclusive as to the character of those he visited. Infor- mation constantly leaked in other ways as well. But the author has been unable to persuade any member of the League to say anything good or bad about the organization. ' The most widely distributed of these documents was a " loyal cate- chism," prepared for the use of the negroes. ' Fleming, Civil War and Reconstruction in Alabama, p. SS9- * This explains the burning of so many schools and churches by the white people. The number, however, for North Carolina was vastly exaggerated. 334 RECONSTRUCTION IN NORTH CAROLINA servation of liberty, the perpetuation of the Union, the maintainance of the supremacy of the laws and the Consti- tution, the securing of ascendency of American institutions, the protection of loyal men, particularly of members of the League, the elevation and education of labor and laboring men, and the giving of instruction in citizenship. The can- didates then declared their attachment to the principles of the Declaration of Independence and their allegiance to the United States, pledging themselves to resist all attempts to overthrow it, to obey all rules and orders of the League, and to keep inviolate all its secrets. The neophytes were then led into the council room where there was an altar, draped with the United States flag, with the Bible, the Declaration of Independence, and the Constitution resting open upon it. Other emblems placed in prominent positions were a censer of incense, sword, gavel, ballot-box, sickle, shuttle, anvil, and other emblems of industry. " Hail Co- lumbia " and " The Star Spangled Banner " were then sung, and the president made a prescribed address which was entirely beyond the comprehension of the freedmen. A prayer for the loyal people of the United States ^ and the members of the League followed, after which the " fire of liberty " was lighted on the altar and the neophytes placed their hands upon the flag and took the oath of alle- giance to the United States, one to support only " reliable Union men and supporters of the government " for any office, and furthermore pledged themselves, if elected to any office, to carry out the objects and principles of the League. Secrecy and protection to brother leaguers were also sworn. The entire series of oaths having been re-affirmed, they were then given the " Freedmen's Pledge," to defend and ' This was based upon the prayer for Congress in the Book of Common Prayer. THE UNION LEAGUE 335 perpetuate freedom, and then, with all, including the mem- bers of the council grouped about the altar, the president made a charge containing the explanation of the more im- portant symbols. The signs ^ having been given, the cere- mony ended. The organization in the South vi^as very complete and consisted of a national council ^ and one council for each State and territory with subordinate councils in each. The constitution of the national council was very elaborate but was never of any great importance as the work of the League was distinctly of a local nature. The state council was composed of representatives from the subordinate councils and had general supervision and direction of the League within the State. The officers were president, vice- presidents, recording and corresponding secretaries, and treasurer, with an executive committee composed of mem- bers from each judicial district. Meetings were held annu- ally unless called more frequently. Subordinate councils were established by the president through a deputy for each county and certain deputies for the State at large. All " loyal " citizens of eighteen years of age or over were eligible. New members were elected by a three-fourths vote of those present. The officers of a local council were ' To pass as a member when questioned, give " Four L's " as follows : Right hand raised to Heaven, thumb and third finger touch- ing their ends over the palm, pronounce " Liberty." Bringing the hand down over the shoulder, pronounce " Lincoln." Dropping the hand open at side, pronounce " Loyal." With hand and fingers downward in the chest, the thumb thrust into the vest or waistband across the body, pronounce " League." ' North Carolina regularly sent representatives to the national coun- cil. In 1867, James H. Harris was Grand Marshal and John L. Hays and David Heaton were members of the executive committee. In 1870, General M. S. Littlefield presided over the meeting which was held at Long Branch. 336 RECONSTRUCTION IN NORTH CAROLINA president, vice-president, treasurer, secretary, marshal, her- ald, sentinel, and chaplain. So far as can be discovered, Albion W. Tourgee, who in 1866, organized the League in Guilford, Alamance, and the adjoining counties, was the first president of the state coun- cil/ He was succeeded by William W. Holden, who held the office until he became governor. Upon his resignation. General M. S. Littlefield became president, but the negroes generally were never told of the change and continued to regard Governor Holden as their head as long as the League lasted. In the same way, they regarded the Standard as the governor's mouthpiece and so the organ of the League. Consequently all the violent demands and threats of that paper were regarded as authoritative utterances by such of the negro members as it reached. All of this was no doubt the intention of the leaders, who knew that the governor's name and official position would lend importance to the League and, hence, to themselves. His constant pardoning of members of the order, guilty and convicted of crime, strengthened this belief, which was not entirely confined to negroes, for white men applied to him for charters as late as May, 1869,' and Jordan Potter, of Granville, who suc- ceeded James H. Harris as vice-president of the state coun- cil, said publicly and constantl)'- that Governor Holden was still president in 1870.^ Governor Holden authorized the Standard to state that he had resigned and this was prob- ably the truth, but he constantly alluded to the fact that he had at his call and absolute disposal eighty thousand men,* and there is no doubt that his power over the League re- 1 Senate Report, no. i, pp. 147, 269, 42 Cong,, i sess. ' Whittemore to Holden, Executive Correspondence. ^Sentinel, Feb. 18, 1870, * Senate Report, no. i, p. 22, 42 Cong., 2 sess. THE UNION LEAGUE 337 mained as strong as though he were its head. Therefore, he was in a great measure held responsible for its acts and, inasmuch as he could control its activities, justly so. Even many of the Republicans believed that he had influenced the League to nominate persons for office whom he could con- trol for unworthy purposes.^ This was, however, scarcely just. There are no accurate sources of information as to the membership of the League in North Carolina, It is safe to say that it had over ninety per cent of the negro voters and some who were younger. In the west, it had at first a large white membership. On August i, 1867, Buncombe county had nineteen councils and 1,800 members.^ Rutherford had 1,200 members;^ and Burke, Lincoln, and Cleveland were all well organized; and for a time, the League was strong in a number of other western counties. Governor Holden's estimate for the whole State has l^een mentioned. In 1869, the Standard placed the total membership at 70,- 000,* and this was no overestimate, though it must be re- membered that by now most of the white members had withdrawn and the League was practically dead in the west. Soon after the organization of the League, a step was taken which was calculated to arouse the sharpest hostility among the white natives. In 1867, arms were procured and many local councils were converted into military companies which were drilled constantly. They speedily became a menace to the peace and good order of their respective com- munities. Often, these drills took place on the public roads ' An example of this feeling is to be seen in the testimony of Judge George W. Brooks before the Senate " Outrage " Committee. Senate Report, mo. I, p. 282, 42 Cong., i sess. " Standard, Sept. 14, 1867. ^ Senate Report, no. i, p. 130, 42 Cong., i sess. • Issue of August 26, 1869. 338 RECONSTRUCTION IN NORTH CAROLINA and, at such times, armed sentinels were posted on both sides to turn back anyone who might come up.^ Lawless- ness of this sort, which was entirely without remedy by legal means, greatly increased the public hostility already felt. Public parades were early among the activities of the councils and were of great assistance in adding to member- ship, for never before had the negroes been given the op- portunity to take part in demonstrations of the kind and they appealed irresistibly to their nature. The processions in many cases now became of a military character and the freedmen were entirely captivated. The effect upon the mass of the white population can readily be conceived. In any event, trouble was to have been expected and when the fact is added that a procession of armed negroes was al- ways seeking trouble, it is no matter for wonder that they often found it and that mild riots frequently resulted. It speaks well for the self-restraint of the average citizen of the State that nothing worse happened, especially in such cases as when an entire council in Raleigh in 1868 marched under arms to register. Fear of what the future held in store increased and was soon justified, for as the League became conscious of its strength, it began to take matters into its own hands. It became increasingly difficult and dangerous to arrest a member, and, once arrested, more difficult to hold him. In Chatham County on two different occasions the League opened the jail and released its mem- bers who were imprisoned, and in many places, prisoners were taken from the arresting officer. When, in spite of the activity, in their behalf,^ which was rather usual on the part of the judges, conviction was secured, there was al- ' Sentinel, Aug. 19, 1869. This statement has been confirmed to the author by the testimony of personal witnesses. ' Judge Tourgee, Judge Thomas, and Judge Watts were all accused of this tendency. THE UNION LEAGUE 33p most the certainty of a pardon from Governor Holden. In December, 1869, at Wilson court, in the case of two members of the League who were indicted for whipping a negro for voting the Conservative ticket, Judge Thomas refused to admit any evidence to show that the League had ordered the whipping, and sentenced them, when con- victed, to thirty and sixty days' imprisonment respectively. They were immediately pardoned by the governor. In one western case, the convicts were pardoned before they reached Raleigh. '^ The Leaguers as well as the Conserva- tives soon came to believe that the governor had promised immunity from punishment. The most common of the graver outrages committed by the negroes was barn-burning. The full seriousness of this offence can be justly estimated only when the economic condition of the people is realized. The loss of a bam, more frequently than not, meant complete ruin and was often accompanied by the menace of absolute want of food. In almost every county in the State, there were cases of the sort, and there is a mass of evidence which proves con- clusively that in many instances it had been decided upon in a meeting of the League, and in many more, that it had been done by the members under the influence of the teach- ings they received in the councils. Often, naturally, it was the result of some private grudge. The counties that suf- fered most were Orange, Caswell, Granville, Chatham, Edgecombe, Wake, Jones, and Gaston. In the last-men- tioned county, there were twenty-eight cases in one week.^ Edgecombe in two months in 1869 lost two churches, sev- eral cotton gins, a cotton factory, and a number of bams and dwellings. Most of these could be traced to, negro in- 1 Senate Report, no. i, p. 315, 42 Cong., i sess, " Ibid., p. 365, 42 Cong., I sess. Shotwell MS. 340 RECONSTRUCTION IN NORTH CAROLINA cendiaries/ Granville County lost by incendiaries during 1869 about one hundred thousand dollars. In Orange, there were many scattered cases during 1868 and 1869. In the latter year, three barns were burned at one time in sight of each other.^ The perpetrators, two negroes named Mor- row, were hanged by the Ku Klux for this offence com- bined with threats they had made against women in the community. The Chatham and Wake barn-burners, who were particularly active, said that the burning had been ordered by Governor Holden." This was of course not true, but it gives an insight into League methods. It is not to be supposed that the members of the League confined themselves to politics and the burning of property. More profitable employment was popular. Ever since emancipation, theft by the freedmen had increased, but this was caused only by the nature and needs of the negro. The propensity was now organized by the League, and live stock became increasingly unsafe in the neighborhood of the meeting place of a council, and movable property of all sorts was stolen to such an extent that the burden be- came almost unendurable.* It is not in any degree likely ' Tarhoro Southerner, Nov. 18, 1869. - Senate Report, no. i, p. 191, 42 Cong., i sess. ' Sentinel, Dec. 23, 1870. Senate Report, no. i, pt. 2, p. 41, 42 Cong., 1 sess. * In the beginning the white people of the State had none of the hatred of the Union League which developed later. It was regarded as a cause of the general demoralization of the negro as a laborer, and as a contributing cause to the increase of theft by the colored popula- tion, but responsibility for more serious offences was not placed upon it. The following extract from a collection of semi-humorous essays writ- ten about this time will illustrate this : " The order was subdivided into neighborhood organizations, and the heads of these were white men, while their vertebral force was re- cruited from the voting population above described, the chief being as completely en rapport with the African brother as if he had been in THE UNION LEAGUE 341 that the League as an organization often voted, counseled, or gave formal approval to such actions. It is certain, however, that its very existence, the character of its lead- ers, and the sort of emotional stimulation given the negroes at the meetings were responsible for much of the theft as well as the injury to property which so distinguished the period. And before a great while, the League got the credit for every violation of the law, even though com- mitted by white men who were not members. Acts of personal violence by members upon white people were by no means unknown, but in general, the organization worked in secret. It seldom gave warnings such as were later employed by the Ku Klux, and rarely intimated the source of any violence committed. Much of its activity was deliberately inspired by its leaders; more, probably, was sheer unprovoked deviltry, the responsibility for which be- longs nevertheless to the leaders who had begun the move- ment. In Anson County, the members of the Leagxte en- tered into an agreement for murder and robbery.^ In Edge- combe, there was a similar agreement.^ Murder was com- mitted by armed bands of negroes a number of times, notably of Colonel John H. Nethercutt and his wife in truth his congener and not simply dependent upon him for patronage. Their locus in quo was nowhere and everywhere — each city and town numbering its lodges and sub-lodges, and the diffusion thereof, through- out the agricultural districts, being in the somewhat extravagant ratio of one to the square mile. Their object was plunder. Their raids, directed against the ' white trash,' contemplated everything that might be classed under the term commissaries, and ranged from a pig-pen to a well-grown tuber. The goods and chattels of the unreconstructed were, by Act of Congress, their lawful prey, and if their foraging expeditions were conducted by moonlight it was from constitutional reasons and not from any well-grounded fear of resistance on the part of the intimidated whites." * Wadesboro Argus, June 2, 1868. ' Sentinel, May 13, 1867. 342 RECONSTRUCTION IN NORTH CAROLINA Jones in 1867; of the entire Foscue family in Jones in 1869; of Mr. Green in Jones in 1869; and of Willis Briley in Pitt in 1869. These two counties each had many councils of the League which had almost entirely corrupted the negro population. If not directly responsible, their influence un- doubtedly brought about the condition of affairs which made such happenings possible. Of protection by the courts there was practically none, even in the rare cases where individuals were detected. At first, some attempt was made by white Conservatives to check the growth and activity of the organization by refusal of employment to all its members. But it soon became evident that this meant refusal to employ colored labor at all, and the time came when the employing class became suppliants, so sharply was the need of laborers felt. Throughout its ex- istence, the League exerted in one way or another an evil influence upon labor,' and this was not the least important count in the indictment brought against it in the State. Add the alarming fact that life and property almost totally lost security in the larger portion of the State, and wonder ceases that respect for the courts and the law began to dis- appear, and that counter-organization followed, equally be- yond the law, but intended to preserve public order. A re- taliation so violent, and a retribution so swift came that in a very short time after the appearance of the Ku Klux, the activities of the League became beautifully less, and it van- ished altogether by the end of 1870. 1 Senate Report, no. i, p. 207. 42 Cong., i sess. CHAPTER NINE The Republican Regime i. inauguration of the holden administration Governor Holden in his inaugural address laid down the doctrine that no part in government should be played by those who had opposed Reconstruction. He then advo- cated and threatened the use o£ force by the state admin- istration. These two ideas, with his defence of the carpet- baggers, were prophetic of the character of his administra- tion, for it was bitterly partisan throughout, force was em- ployed to uphold it, and it was entirely controlled by carpet- baggers. With the one exception of John Pool, who was, throughout his administration, his evil genius, no one had any such influence upon him as was exerted by the corrupt gang of aliens who infested the State and surrounded him. All played upon his ambition, and there lay his most fatal weakness. Into their hands he committed his future, be- lieving that high national honors were soon to be his, and the result was not only disastrous to himself, but well-nigh ruinous to the State. The first matter to receive the attention of the governor was, as was to be expected, the filling of such offices as lay within his gift. At first there were only justices of the peace to be chosen and the governor busied himself with the appointments, keeping clearly in mind their political value, and taking care that the negroes obtained their full share of these cheap honors. The office of magistrate in 343 344 RECONSTRUCTION IN NORTH CAROLINA North Carolina had always been one of honor and im- portance. It now became a by-word and a reproach. Gov- ernor Holden's appointments were notoriously poor and, in the main, the white men appointed were not much more fitted to discharge the duties of the office than were the ne- groes. Hundreds of them could not read or write and prisoners often had to make out the papers to which the justice laboriously affixed his mark.^ Much of the later trouble in the administration of justice was due to these ignorant and often corrupt appointees of the governor. The towns next won the governor's attention and, with- out any authority, he commenced the appointment of mayors and commissioners for the various towns of the State. The municipal officers of Raleigh refused to yield 1 The following are two examples of the learning of magistrates ap- pointed by Governor Holden : " Isaac saSSer j P. AuGest THE 29 1868 I sertevfy that w p hittleley compelams that saide Wiles Grant has not wyork the Rod a Cordinly to law ant i hav yarned him a IsaaC SaSSer j. p." " Brunswick countey Nov. iSth, 1868. You Henry Kelly, special Constable, are hereby commanded in the name of the State personally to appear before me on the 28th day of November, 1868 at Fair Oaks Plantation, the person of Fred Shaw in a plea of debt of $6.58 due by him to Mrs. Clara Rosalfy. Herein fail not. Given under my hand and seal. E. M. Rosalfy, Justice of the Peace." A very interesting story is told of one of the new magistrates in Pitt county who went to town to take the oath of ofRce. He told the clerk that he wished to qualify. The clerk asked him what he meant, and upon his replying that he wished to be sworn in, said: "Yes, you can be sworn in, but all h— 1 could not qualify you." King, Sketches of Pitt County. A constable in the same county, being unable to procure a firearm, carried a grubbing-hoe as his official weapon. THE REPUBLICAN REGIME 345 to the new administration which was headed by the gover- nor's brother-in-law. The governor then telegraphed to General Canby for a military force to seat his appointees.^ The next day he wired for the necessary force to oust the sheriff of New Hanover who also declined to recognize an appointee of the governor.^ General Canby declined to act in the Raleigh matter, stating it as his belief that the gov- ernor's action was illegal,^ but the new sheriff of New Han- over was installed by military force.* The sheriffs of Gran- ville, Randolph, and other counties refused to yield and in every case military force was employed.'^ The towns still held out and finally the legislature came to the governor's relief and vacated all the offices.'* This gave him a free hand and he gradually filled most of the town offices. The Orange County officials refused to yield and the attorney general carried the case to the Superior Court and Judge Tourgee decided against him. The governor also appointed new state proxies for the various railroads in which the State had stock and reorganization followed. New boards of directors for the state institutions were then appointed and all came under the control of Republicans. The most notorious of these latter changes was the one which re- moved Dr. Fisher from the position of superintendent of the insane asylum and replaced him by Dr. Eugene Gris- som, of Granville County, who had been active in politics since the war and had been a radical member of the con- vention of 1868. His politics constituted his sole title to the place. When these pressing matters were disposed of, the gov- ' Executive Correspondence, Holden, i, p. 20. " Ibid., p. 21. ' Ibid., p. 23. * Ibid., p. 26. '•'Ibid., pp. 22-29. ' Laws, 1868, chaps, ii. iv. 346 RECONSTRUCTION IN NORTH CAROLINA ernor took up the organization of the militia which at his suggestion had been authorized by the legislature. He ap- pointed as adjutant-general, Abial W. Fisher, a carpet- bagger from Bladen County, who had been a member of the late convention. F. G. Martindale, of Martin County, another carpetbagger, was made major-general of the east- ern division : J. Q. A. Bryan, " the Red Fox of Wilkes," who had been during the war a Union ranger, was placed in command of the western division; and Willie D. Jones,^ of Wake County, a favorite of the governor, was chosen for the middle division.^ Byron Laflin, a carpet- bagger from Pitt, Robert M. Douglas, of Rockingham, lately of Illinois, William A. Moore, of Chowan, another carpetbagger, and William S. Pearson, of Burke, were ap- pointed aides with the rank of colonel. On September i, eighty-nine colonels, one from each county, were appointed. The question of arming the force still had to be settled and, as there were many objections to submitting the ques- tion to the legislature, chief of which was the publicity in- volved, the governor sent Adjutant-General Fisher to the North to do what he could in the way of securing a loan from some radical state administration. On October i6, Fisher wrote the governor that he had succeeded in obtain- ' The following comment of the Sentinel upon this appointment gives a view of the earlier career of Jones : " We suggest a uniform for Maj. Gen. Willie D., viz. A chapeau made of paper, upon which shall be inscribed ' Negroes should not be allowed to testify in the courts ' ; a swallow-tailed coat, with a strip pinned a posteriori, and emblazoned with the device, 'I voted against the Howard Amendment'; spurs sixteen inches long; fourteen pistols and the sword which he used in the ' rebel ' service, girded around his waist. The tout ensemble will be complete, and military glory will be at its climax." Issue of Aug. 29, 1868, 'Standard, Sept. 2, 1868. THE REPUBLICAN REGIME 347 ing a thousand Springfield rifles from Vermont. Gover- nor Page had approved his plan and a veiled resolution would be put through the legislature authorizing the trans- fer, and no one would be the wiser. From the debate on the militia bill, the State became aware that something of the sort was on foot, and the Sentinel, commenting on the arrival of a case of arms in Wilmington, said, " In God's name, and in the name of peace, we beseech these North- ern governors to keep their arms and not to send them to North Carolina." All during the fall, the militia was employed in various counties and was shown to be entirely worthless except as a means of distributing the loaves and fishes to the hungry adherents of Radicalism. The " North Carolina State Mil- itia " (N. C. S. M.) was entitled by opponents of the ad- ministration, the " Negro, Carpet-bag, Scalawag, Militia," and the title endured.^ During this period, ten companies of negro federal troops were concentrated in Goldsboro and a reign of terror fol- lowed during which depredations of all sorts were com- mitted and the conduct of the troops was so violent that it was unsafe for women to leave their homes. ^ The ex- ample was not a good one for the militia which was not by nature inclined to lawful methods. The other executive officers of the State were occupied in the meantime in coming to a realization of the full financial and political importance of their offices. The legislature gave abundant opportunity for extravagance and the officers for the most part lived up to their opportu- nities from the beginning. From the outset, no branch of the state administration ' Sentinel, August 29, i858. 2 Ibid., Sept. 12, 1868. 348 RECONSTRUCTION IN NORTH CAROLINA was the object of more caustic criticism than the judiciary. The habits of the chief justice were weU known when he received the endorsement of both parties, so little was said of him at first. But E. W. Jones, Superior Court judge for the second district, early brought shame to the bench. Starting to Raleigh for the inauguration of the new gov- ernment, he made a triumphal progress of continued drunk- enness and indecency. He was a public spectacle in Wil- mington, and in Raleigh, he remained intoxicated during his entire stay. On several occasions he was guilty of de- liberate exposure of his person upon the streets and was finally arrested as a nuisance. Early in the session of the legislature, James Sinclair introduced a resolution calling for an investigation of his conduct with a view to impeach- ment, but the House by a vote of 51 to 31 declined to act on the ground stated by A. S. Seymour and General Abbott, both carpetbaggers, that they had nothing to do with public morals and that drunkenness was not an impeachable offence.^ Judge Starbuck declined to serve, and the gov- ernor appointed John M. Cloud, of Surry, who was honest but entirely lacking in qualifications for the position.^ Judge Tourgee still had his eye set upon a seat in Congress, and divided his time between holding courts to which he was always late and which he always adjourned early, can- vassing for the Republican nomination for Congress in the fifth district, and, in company with Judge Rodman and Victor Barringer, transferring the New York Code to North Carolina and drawing for the work $200 per month in addition to his salary as judge. All of the Supreme Court judges and most of those on the Superior bench ^Sentinel, July 11, 1868. Journal, p. 38. ' In 1865, Judge Cloud threatened to cowhide a neighbor if he should let his (Cloud's) negroes know that they were free. THE REPUBLICAN REGIME 349 busied themselves in politics during the summer, and Chief Justice Pearson went so far as to issue a campaign letter in the interest of Grant's candidacy. Here the Conservatives abandoned him and heaped upon him their strongest con- demnation. The Standard and the Republicans generally claimed the judges as strong partisans, and candor compels the statement that there was little in their conduct to dis- prove the claim, and the respect for the courts, which had always been a characteristic of the people of the State, dwindled rapidly. It was not a favorable outlook for North Carolina, though the real evils of Reconstruction were scarcely dreamed of. The leaders of the dominant party were holding back until the presidential election should be won, when they would be safe from unfriendly interference by the national government. To that time they looked forward with more eagerness than any slave had ever hoped for freedom and with more longing than any weary Hebrew had ever felt for the Promised Land. 2. THE LEGISLATURE OF 1868 The General Assembly which met on July 3, 1868, was of the type to be expected after a consideration of the chaos in the State. The ignorance and prejudice of the majority of the Republicans made them easy prey for the corrupt minority of the party which at once assumed lead- ership in the body. Venality was profitable and many who did not belong in such company were betrayed into joining in the spoliation of the State. The party division of the General Assembly was as fol- lows: Senate. House. Joint Ballot. Republicans 38 80 118 Conservatives 12 40 52 350 RECONSTRUCTION IN NORTH CAROLINA Of the Republicans in the Senate, seven were carpet- baggers and three were negroes.^ In the House, more than twenty of the RepubHcans were carpetbaggers and six- teen were negroes.^ Most of the negroes and some of the whites were iUiterate. The Conservatives were much stronger than they had been in the convention, both in numbers and abihty, but even then they were in a hopeless minority and at first it seemed that they would only be able to put their opponents on record and make no mark in legis- lation. During the whole of the first session, the attend- ance was poor, never reaching above forty in the Senate and one hundred in the House. The qualification of the members was attended with the usual disputes as to the right to a seat, and resulted in the refusal of the Republicans to qualify nine Conservatives in the Senate and ten in the House on the ground that they were under disabilities imposed by the proposed Fourteenth Amendment. A committee was appointed later to consider the question and gravely reported that although the pro- posed amendment was not a part of the Constitution, it had been ratified by North Carolina and should therefore be construed to exclude all such persons from the legislature." Some of those at first excluded were later admitted upon proof that they were not banned. A number of the Repub- licans were equally banned, but all proposals for investiga- 1 The carpetbaggers were Colgrove, Cook, Davis, Hayes, Legg, Mar- tindale, W. A. Moore, Rich, and Sweet. The negroes were Eppes, Galloway, and Hyman. 2 The carpetbaggers that the author has been able to identify were Abbott, Ames, Estes, Laflin, Peck, Renfrew, Seymour, Stevens, Stilley, Foster and Downing. The negroes were Cherry, Cawthorn, Falkner, Harris of Wake, Hayes, Hutchings, Leary, Mayo, Morris, Price, Rob- bins, Sweat, Sykes, Crawford, Williamson, and Carey. ° Journal, p. 40. THE REPUBLICAN REGIME 35 1 tion of their cases were voted down. The partisan intent of the framers of the Fourteenth Amendment was thus speedily carried out in North Carolina. A proposal was early made to petition Congress to remove the disabilities of all persons elected to any office, but this was opposed so bitterly by the carpetbaggers as well as by extreme radi- cals that it was defeated.^ The matter was brought up again and again by E. W. Pou and Sinclair, both of whom worked unceasingly to secure the passage of such a resolu- tion, but the carpetbagger influence was too great. Abbott insisted that it would " debauch " the politics of the State." The Standard also strongly opposed removal of disabilities from others than Republicans.^ The Republican caucus finally adopted a resolution instructing the senators and members of Congress to vote against all removals except upon the recommendation of the secretary of the Repub- lican executive committee.* In the meantime, the seats of the excluded Conservatives were declared vacant and some, who had been allowed to qualify, were unseated. In the Senate, Bedford Brown, of Caswell, was unseated, after a contest, by John W. Stephens, and a new election ordered. In the House, Wilson Carey, of Caswell, the negro well- known for his " archives of gravity " speech in the conven- tion, took the place of William Long, the sitting member. The debates upon the subject of the cases were very bitter, particularly as the majority showed no inclination to listen to argument. Organization was completed at once as the Republicans were well disciplined. In the House, Joseph W. Holden ' Sentinel, July 4, 1868. Journal, p. 16. 'Sentinel, July 11, 1868. |: ' Standard, June 24, July 15, 1868. * Sentinel, July 25, 1868. 352 RECONSTRUCTION IN NORTH CAROLINA was chosen speaker over Plato Durham. This was the result of an agreement between Governor Holden and Gen- eral Abbott, the latter giving his support in exchange for the Holden influence in behalf of his own candidacy for the United States Senate. The early days of the session were largely spent in playing politics. A committee was appointed to consider the question of granting aid to the destitute and to those who did not have sufficient means to finish planting their crops. On July 25, all municipal offices in the State that had been filled by the former state government were declared vacant and the governor was em- powered to fill them.^ The governor was then given simi- lar powers with regard tO' county commissioners.^ Later on, the House discussed at length a proposed law to punish those who had committed offences under the authority of the Confederate government. Governor Holden saw un- limited political possibilities in such a law and sought to have it passed, but it was referred to the judiciary com- mittee and, upon its recommendation, postponed indefi- nitely." The position of legislator did not prove as profitable as desired by some of the members and, in spite of the fact that they were furnished with comforts and luxuries hitherto unknown to them, they desired more. Many propo- sitions for small benefits were made, the most interesting of which was contained in a resolution introduced by J. H. Renfrew, a carpetbagger, to furnish free postage to all members. Some difficulty was encountered in deciding what should be the compensation of the members, but it was finally settled at $7 per diem and twenty cents mileage. This was, strange to say, less than the committee recom- 1 Laws, 1868, chap. ii. 2 Ibid., chap. iv. ' Sentinel, Aug. 20, 1868. THE REPUBLICAN REGIME 353 mended and the decision was a blow to many of the mem- bers, one of whom voiced the sentiments of his kind by- saying that they wanted something worth while to compen- sate them for the persecution they had to endure and the fear that they would never be allowed to come back/ It was not long, however, before many discovered that in that legislature other compensation than per diem could readily be obtained for service of a certain sort. Among the gratuities at the disposal of all, were the re- freshments dispensed by what was popularly known as " the third house." Throughout the session, a bar abun- dantly supplied with wines, liquors, and cigars was con- ducted in the west wing of the Capitol. It was installed by General Littlefield and his associates who were making plans for extensive financial operations based upon the credit of the State. The later success of those plans, thanks to the cooperation of the legislature, makes it entirely cor- rect to say that the expenses of the bar were paid by the State though without legal warrant. Mere words cannot adequately express the disgust and hatred felt by the re- spectable people of the State, outside of the legislature, for this open shame in the Capitol. There is, however, no doubt that many Conservative members daily enjoyed the hos- pitality of the " third house," though without surrender- ing any right to condemn it in public. At the beginning, the Conservatives did not hope to exert any influence in legislation, even in the way of opposition. As in the convention, they sought chiefly to place their op- ponents on record, particularly in regard to the race ques- tion which they already saw would be of first importance in the future politics of the State. This was done by the introduction of a resolution in the Senate which declared • Wilmington Journal, July 28, 1868. 354 RECONSTRUCTION IN NORTH CAROLINA that racial differences were recognized and that therefore intermarriage between the races should be forbidden and that in the schools and militia there should be separation. This was contemptuouslj^ refused. Later on, somewhat similar resolutions, introduced by Shoffner, were adopted by the Senate. The resolution directed against the inter- marriage of the races received more opposition than any, three negroes and four carpetbaggers voting against it.^ Plato Durham, with the training he had received in the convention, was the Conservative leader in the House, and was ably seconded in the Senate by William M. Robbins. The latter attempted in vain to secure the passage of a reso- lution declaring that North Carolina did not consider itself bound by the Omnibus Bill which had admitted it to repre- sentation in Congress. This was intended as a warning to the Republicans and to the world of the view of the Con- servatives. But little constructive work was done during the session. The financial legislation will be discussed later in detail and that occupied but little time, as light was not desired by those promoting it. Much of the time was spent in useless discussion of matters of small moment and but few laws of interest or importance were passed. The board of educa- tion was directed to prescribe and report to the next ses- sion a code of laws for the establishment and regulation of a new system of public schools.^ Criminal courts were es- tablished for Wilmington and New Bern with exclusive jurisdiction and the old county criminal courts were abol- ished, but no provision was made for the transfer of the cases brought in the latter.* Acts providing for the regis- ' Sentinel, Aug. 26, 1868. Senate Journal, p. 238. ' Resolution 10, Laws, 1868. ' Laws, 1868, chap. xii. THE REPUBLICAN REGIME 35- tration of voters, giving the right to vote anywhere in the county on certificate, and forbidding any challenge of a registered person on election day, were passed.^ A new law in relation to punishments was adopted and murder and rape became the only capital offences. Corporal pun- ishment was abolished.^ A joint committee of the two houses, with the superintendent of public works, was di- rected to select and purchase a site for the penitentiary and to put the convicts to work upon the buildings. To pay the expenses of the purchase and work, the treasurer was au- thorized to sell six per cent bonds to an amount not to exceed $200,000.^ The duties of certain county olScers were prescribed.* The ordinance of the convention ad- mitting lawyers from other States to practice before the Supreme Court was amended so as to include the Superior Court.^ An act to punish bribery and coercion in elec- tions made it unlawful to bribe, to attempt to influence a voter by threats of discharge from employment, or to dis- charge because of any vote cast." The danger of such ex- treme legislation was shown, but without effect. A law pun- ishing conspiracy and rebellion was passed which classed as such an offence any opposition to the enforcement of a law or aid and comfort to those opposing it.'' One of the most interesting and significant acts of the legislature was the passage of a resolution affirming the validity and constitutionality of the state government. It was based upon President Johnson's contemptuous refer- ence to Governor Holden as " the man who writes himself governor of North Carolina " — which the Republicans held ' Laws, 1868, chaps. xlix-I. ^ Ibid., chap. xliv. 3 Ibid., chap. Ixi. ■* Ibid., chaps, xx, xxxv. ' Ibid., chap, xxxvi. * Ibid., chap. Ixii. ' Ibid., chap. Ix. oc6 RECONSTRUCTION IN NORTH CAROLINA to be an incitement to insurrection ; upon Governor Worth's letter of protest to Governor Holden, when he surrendered his office as governor to the latter; upon the Democratic national platform of 1868, which declared the whole pro- cess of Reconstruction unconstitutional; upon Frank P. Blair's Brodhead letter ; and upon the North Carolina Con- servative platform of 1868, which was of like tenor with the other documents mentioned. These were declared cal- culated to produce civil war, and in order to restore confi- dence, the state government was declared valid in every respect.^ The resolution was introduced by L. G. Estes and shows the fear of the Republicans that the administra- tion might be overturned. It also bears testimony to the deep-seated determination of the Conservatives not to recognize the validity of the acts of the state government. The most important act passed was that providing for the organization of the militia. The motives which under- lay it have already been discussed. On July 17, the gov- ernor sent a message to the legislature urging the organi- zation of a militia and police force, making the entirely false charge that without it the officers recently appointed by him could not be installed. Calling attention to the fact that many people in the State did not recognize the existing government as lawful, he announced it as his policy to overawe them by a display of force, and reiterated the intention expressed in his inaugural of appointing to offi- cial position in the State only such persons as were friendly to his administration.^ On the same day, G. W. Welker introduced in the Senate a militia bill which was passed. But the House hesitated to agree, and finally, after a fierce filibuster by the Conservatives, adopted a substitute intro- ' Resolution 35, Laws, 1868. ' Legislative Documents, 1868-1869, no. 7. THE REPUBLICAN REGIME 357 duced by Seymour/ The question was then taken up by the Republican caucus and later F. G. Martindale's substi- tute, based on the action of the caucus and drawn by John Pool, was adopted in both houses.^ In neither house did it receive the undivided support of the Republican members. Pou and Sinclair in the House were among its bitterest opponents and lost no opportunity of attacking it. The latter denied its constitutionality and, claiming that it served notice to the world that government by the Repub- lican party in North Carolina was a failure, said that it stamped Reconstruction as revolutionary, contrary to the will of the people, and only to be supported by force. He expressed the belief that the bill was designed to cause trouble at the polls and to give the executive too mtich power both in directing the militia and over the treasury. After a prophecy of riot and disorder, he read a letter from B. F. Moore containing an tmanswerable argument against the constitutionality of the bill. It closed as follows : " I cannot omit to declare it my most solemn opinion, that, if passed into law, it will spread terror over the State and produce much more bloodshed than it will ever prevent, and open and aggravate wounds now nearly closed." ^ In the Senate, R. I. Wynne, of Franklin, was its chief Republican opponent. The Conservatives, it is needless to say, opposed the bill unanimously. W. L. Love in the Senate attempted to secure the adoption of an amendment forbidding the placing of white persons under negro officers, but the propo- sition was defeated.* After the final passage of the bill, twenty-nine members of the House, including Sinclair, en- 1 House Journal, pp. 133-149. » Senate Journal, p. 181 ; House Journal, p. 183. • Sentinel, Aug. 8, 1868. * Senate Journal, p. I7S- 358 RECONSTRUCTION IN NORTH CAROLINA tered a protest against it as unconstitutional, inexpedient, and calculated to cause civil war/ The provisions of the bill were as follows : Every per- son liable to military duty had to serve unless excused by a physician or relieved by the annual payment of two dol- lars. All power of appointment was in the hands of the governor who was authorized to accept and organize not more than six regiments of infantry, apportioned through- out the State and divided into three divisions, east, west, and middle, each to be the department of a major-general. He was also empowered to accept three regiments of cav- alry and one battery of artillery. The total enrollment of the militia could not exceed fifty for each member of the House of Representatives, or 6,000 in all, unless the gov- ernor deemed that number inadequate, in which case he could raise more. Provision was made for the separation of the races in different companies. Every member had to be an elector in the State. At the request of any five jus- tices of a county, the governor was empowered to direct the colonel commanding there to detail a force to preserve the peace and enforce the law. The force was under the com- mand of the governor and could be sent by him to any part of the State. In addition, any officer of the militia could call out the force at the written request of any judge, jus- tice of the peace, sheriff, deputy sheriff, county or town constable, or county commissioner. He could also call it out whenever he deemed it necessary to preserve the peace. The governor was directed to appoint an adjutant-general to organize the force." It will be seen that the act was admirably adapted for the establishment of a military despotism. It was mainly in- tended for that purpose. It looked to the establishment of ' House lournal, p. 155. ' Laws, 1868, chap. xxii. THE REPUBLICAN REGIME 35c) a standing army which was in violation of the state con- stitution and the Constitution of the United States, and in addition, a recent act of Congress had expressly forbidden the establishment of a militia system in the lately seceded States.^ But Governor Holden and his allies were too well aware that their position was insecure; that unless extra- ordinary measures were resorted to, the first election would put an end to their tenure of power. That terrorism and fraud would in time react upon them seems not to have oc- curred to the native leaders of the dominant party, and the most important and influential of the leaders — the carpet- baggers — did not care. When such a reckoning should come, most of them hoped to be living in comfortable re- tirement somewhere north of Mason and Dixon's line and beyond the reach of a just retribution. The debates in the legislature showed that the member- ship, with a few exceptions, was far below the average in ability. Prejudice and party feeling were rampant on both sides and the majority treated the minority with utter con- tempt, usually denying them the privilege of debate, and even going so far as to print the bills, which had been de- cided upon by the Republican caucus, before they were in- troduced.^ The sessions were perhaps more orderly than those of the convention, but occasionally there were angry scenes in which the lie was passed with frequency. Abusive language was not uncommon. Sinclair became unpopular with his Republican colleagues because of his opposition to several measures, particularly the militia bill, and was in constant open quarrel with them, particularly with F. W. Foster, the carpetbagger representative from Bladen.' As 1 Laws of the United States, chap, clxx, 39 Cong., 2 sess. ' Wilmington Journal, Aug. 14, 1868. ' Sinclair related with great gusto a story of Foster's activities at the 360 RECONSTRUCTION IN NORTH CAROLINA in the convention, the accounts of the proceedings as given in the Conservative papers excited anger and the reporter of the Sentinel was excluded from the House for putting "negro" after the names of the colored members. Tv^renty- one members entered a formal protest against this action.^ The reputation for extravagance, set by the convention, v^ras continued. The session lasted forty-seven days and the expenses of the legislature alone were more than $80,000. It is impossible to give any accurate figures as to the inci- dental outlay. Adjournment was the occasion for the presentation of a gold watch to the speaker of the House. L. G. Estes, with true carpetbag thrift, collected the money for it from the members, bought the watch, but neglected to pay for it.^ The closing scenes were marked by the same horseplay and boisterousness which had accompanied the adjournment of the convention. Morris and Carey, two of the negro mem- bers occupied the chair in succession and the other negro members were called upon for speeches. Dancing, sing- ing, and obscene stories occupied the last hours of the ses- sion, and with the adjournment, the decent element of the State drew a breath of relief. 3. THE PRESIDENTIAL CAMPAIGN OF If The Conservatives were naturally greatly disheartened by their overwhelming defeat in the state election, but, as close of the war. As an undertaker in Wilmington, he received an order from a gentleman in the North to disinter his son who had died in service in Wilmington as the result of the amputation of his left leg. Foster could not find the body and, being a thrifty soul, selected another, cut off a leg, and shipped it North. By mistake he cut off the right leg and in this way the substitution was discovered. Sentinel, July 29, 1868. ■ House Journal, pp. 46-47. ' Sentinel, Aug. 3, 1868. THE REPUBLICAN R&GIME 361 there had been no real expectation of victory, there was no surprise. There was, however, still hope of an overthrow of Congressional Reconstruction through Democratic suc- cess in the approaching presidential election, and to that consummation, all directed their best energies. A full dele- gation attended the national Democratic convention at New York and commenced the break which resulted in the nomi- nation of Seymour. The nominations were entirely ac- ceptable to the party, and the emphasis laid in the platform on the unconstitutionality of Reconstruction won immediate favor. Not less attractive to them was Blair's letter to Colonel Brodhead with its threat of the complete over- throw of the system. The Republicans were not less pleased with the choice of Grant and Colfax. As a matter of fact, any nomination, even though it had been of His Satanic Majesty, would have been entirely acceptable, so entirely and unthinkingly were the members of the party committed in their alle- giance. The Conservative leaders had good hopes of carrying the State and at once called a state convention for the pur- pose of perfecting their organization. In the meantime, Democratic and Conservative mass meetings were held all over the State and great enthusiasm was excited. Just at this time. Chief Justice Pearson published in the Standard an address to the Conservative party, urging their support of Grant and the Republican party on the ground that Democratic success would mean civil war. He denied entirely any belief in the constitutionality of the Recon- struction acts, but, declaring them extra-constitutional, he said that a subjugated people had no right to protest, par- ticularly as the presidential plan of restoration was equally unconstitutional. He stated that two other members of the Supreme Court, unnamed, agreed with him in his analy- 362 RECONSTRUCTION IN NORTH CAROLINA sis of the situation and of the law. The letter provoked much criticism from the Conservatives who said with truth that North Carolina had not been accustomed to political activity on the part of its judges. The Standard imme- diately claimed that all of the Supreme Court and most of the Superior Court judges were active Republican partisans and said that Judge Pearson's letter was the best campaign document that had appeared. Fifty thousand copies of it were distributed by the Republican executive committee. The Conservative convention was called for August 13, and delegates from every part of the State poured into Raleigh. The delegations from the east, headed by the one from New Hanover, arrived the night before and were received by the Conservative club of the city. The negroes made a demonstration against the procession and only the forbearance of the crowd and the efforts of A. H. Gallo- way prevented a riot.^ The convention met the next day with an attendance of more than one thousand. It remained in session for two days. R. H. Cowan, of Wilmington, was elected presi- dent. Addresses were made by Josiah Turner, R. H. Cowan, William M. Robbins, William A. Graham, James C. Dobbin, E. G. Haywood, and others, all of whom de- voted most of their attention to the situation in the State. Nominations were made for electors for the State at large,* and a resident central committee was chosen.' The plat- form endorsed the national Democratic nominations and ^Sentinel, Aug. 15, 1868. ' These were James W. Osborne and Joseph J. Davis. ' The resident central committee was composed of M. A. Bledsoe, R. C. Badger, Seaton Gales, Bryan Grimes, E. G. Haywood, D. G. Fowle, and A. S. Merrimon. The state executive committee was as follows : Charles Latham, W. G. Morisy, J. A. Engelhard, James S. Amis, A. M. Scales, R. M. Oates, and A. C. Avery. THE REPUBLICAN REGIME 363 platform, declared the acceptance by the party of the war and its legitimate results, condemned Reconstruction, the election of carpetbaggers and other men without fitness for their positions, and the extravagance and the proscrip- tive tendencies of the Republican party, denounced the militia bill as unconstitutional and intended as a party meas- ure, and finally, called upon the Conservatives of the State to rally to the cause of good government/ In connection with the convention appears an interesting example of Radical policy. W. A. Smith, the president of the North Carolina Railroad, refused to give any reduced rates for the occasion and his example was followed by the other roads. A little later, for the Republican convention, the rate was reduced more than one-half. Another inter- esting sidelight upon Republican sentiment is to be found in the Standard's editorial greeting to the convention. "We tell you, decrepid, back-broken, old rebels, that your days are numbered. We are willing that you should gasp a little, and, therefore, look on your feeble efforts to rise from your backs with pity and compassion. But attempt to rise higher than your knees, or to assume any other atti- tude than that of prayer, and you will be thrust back to the earth, never to rise again." ^ On August 17, there was a state meeting of the Union League in Raleigh for the purpose of reorganization. Gen- eral Littlefield was elected grand president and H. J. Men- ninger, grand secretary. Throughout the campaign, the activity of the League continued and as always it was a most effective instrument for rousing the negroes and keep- ing them in line. John T. Deweese performed a valuable service for it by sending out all of its documents under his ^Sentinel, Aug. 15, 1868. • Issue of Aug. IS, 1868. 364 RECONSTRUCTION IN NORTH CAROLINA congressional frank/ As has been mentioned, the white members of the League had by this time become disgusted with the negro and carpetbagger domination of the so- ciety and were rapidly leaving it. The leaders of the party saw the necessity of taking some action and on August 26, W. F. Henderson issued an address to the Heroes of America/ and once more, and for the last time, the " Red Strings " appeared in North Carolina politics. When the General Assembly adjourned, eighty-eight of the Republican members signed an address to the people, written by John Pool and Judge Reade.* No more incen- diary document has ever been published in the State than this address. It was directed against the Conservative party which was accused of threatening war, of duplicity and bad faith, of having rejected both President Johnson's plan of restoration and the Ploward Amendment, and of disturbing the peace by threats and intimidation, with negro suffrage as a pretext, but in reality with hostility to the United States as a basis. The chief proofs of this char- acter of the party which were recited were the same hap- penings which had been enumerated as reasons for passing the resolutions afifirming the validity of the state govern- ment. The address was full of threats and was calculated and intended to inflame the negroes and alarm the Conser- vatives. It was a deliberate step in the policy of terror adopted by the Republican party in North Carolina. The following is a characteristic extract which excited much attention and condemnation : * Sentinel, Sept. 30, 1868. He was later indicted for this. ' The address appeared in the Standard, August 26, 1868, and was evidently prepared by someone else as he was almost illiterate. ' Their connection with the address was not made public, but the fact was given to the writer by a leader in the Republican party. THE REPUBLICAN REGIME 365 Did it never occur to you, ye gentlemen of property, educa- tion, and character — to you, ye men, and especially ye women, who never received anything from these colored people but services, kindness, and protection — did it never occur to you that these same people who are so very bad, will not be willing to sleep in the cold when your houses are denied them, merely because they will not vote as you do; that they may not be willing to starve, while they are willing to work for bread? Did it never occur to you that revenge which is sweet to you, may be sweet to them ? Hear us, if nothing else you will hear, did it never occur to you that if you kill their children with hunger they will kill your children with fear? Did it never occur to you that if you good people maliciously determine that they shall have no shelter, they may determine that you shall have no shelter? And now, be it remembered that in the late election there were more than twenty thousand majority of the freemen of North Carolina who^ voted in opposition to the democratic party. Will it be safe for the landholders, householders, and meatholders to attempt to kick into disgrace and starve to death twenty thousand majority of the freemen of this State? The Republican convention met in Raleigh on Septem- ber 16. A tremendous crowd attended, the majority being negroes, and the Capitol was full of them, eating, drinking, singing, fighting, and, when night came, sleeping there. The call for the meeting contained the main features of the pro- gram, and provided for a great mass meeting and, to the utter horror of conservative citizens, irrespective of party, who were full of reverence for the judiciary, it was an- nounced that Judges Reade, Dick, Rodman, and Settle, of the Supreme Court, and Judge Tourgee, of the Superior Court, would take prominent parts in the demonstration, Judge Reade being president, Judges Dick, Rodman, and Settle vice-presidents, and Judge Tourgee grand marshal of the day as well as chairman of the committee on railroad 366 RECONSTRUCTION IN NORTH CAROLINA transportation.^ The press was not chary of hostile com- ment, and the Supreme Court judges were soon made to recognize the light in which their conduct was viewed, and when the meeting was held, none of them were present. But Judge Tourgee, although an able man and one who in time became an exceedingly strong judge, was throughout his public career in North Carolina, entirely shameless and without any sense of propriety, and he not only acted as chief marshal at the Raleigh meeting, but served on the Republican state executive committee, and, with his eye still on the nomination for Congress, made stump speeches throughout his district even from the bench.'' There was little business before the Republican conven- tion other than the ratification of the national ticket and platform. The time of the meeting was given up to speeches from the leaders present and the reading of letters from prominent Republicans elsewhere, including George S. Boutwell, John W. Forney, and William C. Wickham. Governor Hawley, of Connecticut, was the guest of the day and made an address, as did also Governor Holden, Attorney General Coleman, Joseph W. Holden, and A. H. Galloway. The governor said in part, " Meanwhile see to it, on your own acount, and on account of those gallant dead who sleep in graves all over this land, fallen in de- fense of your rights and of mine; by your regard for un- born posterity, while we regard the rights of rebels so long as they demean themselves as they should — see to it that in no event does any rebel get a single ' bite ' at a public office." The speech of J. W. Holden, as reported, was very violent. A part of it follows: "I do not address you as Joseph W. Holden, but in the name and spirit of an inspired ' Sentinel, Aug. 19, 1868. "Ibid., Sept. 19, 1868. THE REPUBLICAN R&GIME 367 prophet. Go' to the polls, armed with guns, pistols, and bludgeons and vote. Implore the God of turpentine to shower down torches or flames upon the dwellings of the rebels." ^ Both parties nominated candidates for Congress in every district.^ Nathaniel Boyden, after serving faithfully as a Democratic member of Congress, came home and an- nounced that he would support Grant. He was at once nominated by the Republicans and the Conservatives nomi- nated a new candidate. But the Republicans were in serious difficulties in two districts. In the first, C. L. Cobb, the sitting member, received the regular nomination and John R. French, a carpetbagger, led a bolt in his own interest. In the fifth, W. F. Henderson secured the nomination of the convention, and Judge Tourgee, after denouncing Hen- derson as a liar and thief and being himself described by the latter as " an escaped Ohio convict," ' with the aid of Judge Dick, organized a bolting convention which gave him the nomination. A heated campaign followed, marked by bitter personal abuse, culminating in a personal encounter.* Henderson then withdrew in favor of I. G. Lash, the sitting member, and Tourgee soon followed suit. In the fourth, Deweese was confronted by the renewed candidacy of 1 Holden absolutely denied saying anything of the sort, and there is no doubt that he did not intend to do so. 'The candidates were as follows: ist district, Republican, C. L. Cobb, John R. French; Democrat, D. A. Barnes. 2d, David Heaton; T. S. Kenan. 3d, O. H. Dockery; A. A. McKay. 4th, J. T. Deweese; S. H. Rogers. 5th, I. G. Lash, W. F. Henderson, and A. W. Tourgee; Livingston Brown. 6th, Nathaniel Boyden; F. E. Shober. 7th, A. H. Jones ; Plato Durham. » This charge, which was entirely without foundation, was constantly made against Tourgee during his entire stay in North Carolina. * Sentinel, Oct. 21, 1868. 368 RECONSTRUCTION IN NORTH CAROLINA James H. Harris who depended upon his color for his strength. His claim was finally settled by the payment by Deweese to him of two thousand dollars. John A. Hyman, another negro of influence, had to be paid five hundred dol- lars before he would consent to support Deweese.^ The Standard was very bitter throughout the campaign, but particularly so during the early part. The paper was nominally owned by N. Paige & Co., but was really the property of General Littlefield, who bought it from Gov- ernor Holden for $40,000, but did not wish the fact to be known. On September 2, the following editorial appeared: RETALIATION. Something must be done. The law of self-preservation must necessarily be obeyed. Something must be done at all haz- ards ; but the more quietly and peaceably it can be done, so much the better. The question then is. Can there be any remedy under the forms of law ? We think so, unquestion- ably. Of course it is not to be supposed that men and women and children will starve to death while corn is still standing in the fields and while hogs and cattle are not kept under lock and key ! But these are matters of minor importance and are to be expected, however much the necessity may be deplored. What we mean is, that there is one efficient remedy for this wholesale crusade of oppression carried on against the colored race to starve him intO' voting against his choice. The remedy is this : Whenever the Republicans have control of a county, let a meeting of the commissioners be called at once. Let them make out a list of all the colored stonemasons, bricklay- ers, plasterers, painters, and carpenters. Then let them select a site of sufficient dimensions for a village of from five to fifteen hundred colored paupers, as the case may be. The work itself will give employment to a considerable number of 1 Letter of Deweese to Cleveland Leader copied in Cliarlotte Demo- crat, Aug. 28, 1876. THE REPUBLICAN RSGIME 369 persons, and some time will be required to complete it. Then let the county paupers be moved in and be provided with houses and food at the expense of those who have made them paupers. Let the tax be so laid as to affect only the large land-holders. Not one in twenty owns any land at all, and the large land-holders are much rarer. This tax will fall lightly upon the great mass of the people, while the oppressive land- holder will be compelled to throw his broad acres upon the market to raise money to pay the taxes. And in addition to this, let the legislature deprive these exacting tyrants of the benefit of the stay law and compel them to pay their debts, to pass their lands under the sheriff's hammer and give the poor a chance to buy land. On September 19, the following appeared : WORK. But whatever else you work, don't forget to work among the women. The Confederacy wouldn't have lasted a year if it hadn't been for them. One good rebel woman is worth a dozen rebel men. Go after the women, then. They will make their husbands and their lovers shout for Grant and Colfax until they are hoarse, if you will manage to replace some of the diamond rings and laces Frank Blair stole from them when he was here. And don't hesitate to throw your arms around their necks now and then, when their husbands are not around, and give them a good . They all like it, and the Yankeer you are the better it takes. Our experience with female rebs is, that with all their sins they have a vast amount of human nature, and only want to have it appreciated to be the most loving creatures imaginable. Scalawags and carpet-baggers ! Don't fail, therefore, as you canvass the State, to look after the women. You are all good-looking and they know it, but with native modesty, like sweet New England girls, they like to be approached first. Don't be afraid of their eyes — they glare like young leopards by daylight, but under the moon no blue, death-stricken fawn is half so tender or half so deep. 370 RECONSTRUCTION IN NORTH CAROLINA Don't read Judge Pearson's letter to them, but give them Byron and Shelley in volumes, and you will have them in your arms, if not in your party, in less than a week.^ The paper had hardly reached the public before organi- zation commenced among certain of the citizens of Raleigh and but for the fact that information v^^as given to Paige in some way which enabled him to leave before night, he would have been lynched. Feeling ran high and in conse- quence N. Paige & Co. had to give up the nominal control of the paper, and J. B. Neathery & Co. took it and, as before, the real control was in the hands of General Little- field, probably acting under the advice of Governor Holden as to general policy. The feeling aroused by the article continued very bitter and while it had little if any effect upon the pending election, it was not forgotten and aroused considerable public sentiment against the Republican party and the administration. The Sentinel placed it at the head of its editorial columns where it remained for a long time. It may well be questioned why the editorial of a news- paper owned and edited by carpetbaggers should arouse indignation against the state administration, but it must be remembered that the Standard vi^as the organ of the gov- ernor and bore the stamp of his general approval at least. ' The National Intelligencer had the following comment on the edi- torial : " The wives and daughters of the people thus marked out for the insulting advances of Radical emissaries, it will be remembered, are the wives and daughters of the same men who, for four years, re- sisted the entire power of the Federal Government, and were able to put three hundred thousand men in the field. They fought, as we believe, in an entirely mistaken cause. Whether they will be able to make as good a contest in defence of the honor of their wives, daughters, and sisters thus marked out as the prey of the spoiler and the libertine, is a question which Wall Street and its speculators would do well to consider." THE REPUBLICAN REGIME 371 The Conservatives devoted much of their attention to the extravagance of the state administration and implored all thinking people to assist in ridding the State of the bur- den of Radical misrule. Not yet, however, had the people come to know the party, and many of those who were op- posed to the state administration, were favorable to the election of Grant. The apathy of the voters was unusual and the congressional campaign really excited more interest than the presidential contest. Governor Holden was determined not to take any chances of losing the election, and throughout the fall he busied himself with the campaign to the exclusion of nearly everything else. In September, he appealed to General Meade to authorize General Miles to station troops as he [the governor] might wish " to inspire a salutary terror " among the disaffected.^ General Meade at once refused to do anything of the kind,^ so the governor was compelled to fall back upon the resources of the administration which were the militia and the Union League, Governor Holden's twin allies in his policy of terror. In order to provide a basis for his military activity, he pretended to discover, or thought he discovered, that arms in large quantities were being imported into the State by the Conservatives for use at the election, and on October 12, he issued a proclama- tion, stating the supposed fact and admonishing the people to be orderly.^ The Standard cooperated with him and urged the Republicans to arm themselves and drill in prep- aration for the third of November.* Much delight had been felt by the Republicans when the proposition was made ' Executive Correspondence, Holden, i, p. 44. ^Ibid., p. 47. ° Western Democrat, Oct. 20, 1868. * Issue of Sept. 30, 1868 et seq. 372 RECONSTRUCTION IN NORTH CAROLINA in Congress to furnish Southern governors with arms. All the North Carolina delegation favored it except Dockery and Boyden, the latter acting at the time with the Conser- vatives, but prepared to join the Republican party.' Both of them denounced the plan in the strongest terms," and declared that there was no need of them in North Carolina. But the carpetbaggers put their usual policy into operation, and the press and the halls of Congress were full of the clamor of carefully manufactured recitals of " rebel out- rages." Only by national aid, it was insisted, could " loyal " men be protected. Pressure was brought to bear on the governor and he ordered the organization of the " detailed militia." The matter was brought to the atten- tion of General Meade and shortly thereafter, Governor Holden suspended his order. The probability is that he was warned by General Meade that the organization would not be allowed. The militia, however, were sent to Halifax and Robeson counties where they did no good and not much harm. In neither county was there any threat of in- terference with a free election but it seemed to the gover- nor good politics to think that danger of such a thing ex- isted. Just before the election, General Littlefield and At- torney General Coleman went to Washington and without success besought Grant and the Secretary of War to send troops to North Carolina to quell this threatened uprising of the Conservatives, or, as they phrased it, the " rebels." Two interesting examples of political activity came to '^Boyden said on the floor of the House: "Great God! We can- not afford to fight each other. ... I warn the House that if arms are sent there, we will be ruined; we cannot live there. H we need anything in the way of arms, in God's name send an array of the United States there, but do not arm neighbor against neighbor." Sentinel, Aug. 8, 1868. 2 Globe, Appendix, p. 472, 40 Cong., 2 sess. THE REPUBLICAN REGIME 373 light during tlie campaign. In New Bern, in October, a Union League circular, containing instructions, was found on the streets and published. It urged tri-weekly meetings of the League with as much excitement of the negroes as possible. They were to be drilled constantly and told that if the Democrats won the election, they would all be sold back into slavery. Farms and mules should be promised to all who voted for Grant, with the additional promise that, if he was elected, most of the offices should go to negroes. All methods were to be employed to poison their minds against the native white people, and if riots followed, no harm would be done. If needed to rouse them, some cabins should be burned and the deed attributed to the Conserva- tives.'^ The other was a circular, signed by S. Schenck, which was sent out, purporting to come from the national Republican headquarters, directing those to whom it was sent to urge the League and the Republicans generally to enroll in the militia, but to give assurance to the white men that they would not be called into service. It further stated that, if Grant was elected, the negro vote would not be needed again and the next Congress would inaugurate a system of colonization for the race. The Republicans de- nied responsibility for the circular and accused the Conser- vatives of having prepared it for circulation ; and the latter asserted that the Republicans were employing it to con- ciliate such of the white Republicans as would not " swal- low " the negro. It does not appear who was responsible for it. A few days before the election. General Miles issued a general order forbidding officers and soldiers of the army from fraternizing with political parties. To the citizens of ' New Bern Journal of Commerce, Oct. 27, 1868 ; Sentinel, Oct. 31, 1868. 374 RECONSTRUCTION IN NORTH CAROLINA the State, he said that the campaign had been conducted with creditable quiet, and he expressed the hope that this would be the case until the end. " The record of North Carolina is yet unmarred by acts of lawlessness . . . and the present exercise of moderation and wisdom will hereafter be the source of much satisfaction to her citi- zens." ^ In company with many of the officers and sol- diers in his command, he promptly, and in violation of the laws of the State, registered and voted." The election, except for one disturbance, was very quiet throughout the State. Troops were stationed in a number of places and the one outbreak occurred at Asheville. A riot, commenced by negroes, resulted as usual in their dis- persal by the white people and in the killing of one negro. The coroner's jury found the civil authorities guilty of ne- glect in not guarding against such an occurrence.'' All over the State the negroes voted illegally and the authori- ties made no efforts to prevent them. The result of the election was a sweeping victory for the Republicans. Grant carried the State by a majority of 12,890, the vote standing as follows: Grant 96,449 Seymour 83,559 Five of the Republican candidates for Congress were elected, the Conservatives electing F. E. Shober and Plato Durham. But in the case of the latter, the secretary of state held up the returns for about three months and, after reporting to the governor the election of Durham,* with the governor's knowledge, altered the returns and gave ' General Order no. 10, Oct. 31, 1868. 2 Sentinel, Nov. 3, 1868. ' Ibid., Nov. 18, 1868. * Report of the Secretary of State, 1869, p. 20. THE REPUBLICAN REGIME 375 A. H. Jones the certificate of election.^ John Pool had already written the governor that if possible Jones must be given the certificate. C. L. Cobb was successful over the Conservative candidate and J. R. French. Nathaniel Boy- den unsuccessfuly contested Shober's election and the latter, although he was under no disability other than his inability to take the " iron-clad " oath, had to wait until the law was altered to take his seat." The result of the election gave a free hand to the plun- derers, who waited eagerly to begin their real work, and the State lay open to their hands. 4. THE LEGISLATURE OF 1868-1869 The legislature met in adjourned session in November. The governor in his message congratulated the General Assembly on the re-establishment of the state credit on a firm basis. Speaking of the state debt, and estimating the value of the property in the State as $200,000,000, he ad- vised the levy oi zn ad valorem tax of one per cent to raise the necessary revenue. He recommended internal improve- ments, the encouragement of immigration, public educa- tion with separate schools for the two races, the repeal of all stay laws, and the thorough organization of the militia. The recommendation as to taxation was the most remark- able feature of the message. The estimate of the value of the property was far too high and the state constitution forbade the legislature to tax property more than at the rate of two-thirds of one per cent, both for state and county purposes.' * Raleigh Era, Sept., 1872, quoted in Wilmington Journal, Sept. 13, 1872. 2 Globe, pp. 245-248, 42 Cong., 2 sess. 'The New York Express, in commenting upon the message, said : " It is difficult to tell which is most to be pitied, — the people of the State or its finances." 376 RECONSTRUCTION IN NORTH CAROLINA The legislature went to work very slowly. Three newly- elected senators, Gates, Purdie, and Avery, were declared banned by the Fourteenth Amendment and refused seats. Avery's seat was at once declared vacant,^ while Gates was allowed a month's time to get his disabilities removed. At the same time, a resolution in the House, looking to an in- vestigation into the question of what members were banned, was voted down.^ The Senate, a few days later, passed a similar resolution,^ but nothing was done under it. John W. Stephens took the seat made vacant by the exclusion of Bedford Brown at the previous session. Among the other new members was one carpetbagger, G. Z. French. Jasper Etheridge and A. J. Jones, two of the new members, were both banned but since they were Republicans were not troubled. The changes made in this way made the political complexion of the two houses as follows : Senate Republicans 41 Conservatives 9 Republican majority .... 32 44 76 There was the same laxity in attendance which had been seen in the previous session. Renfrow, of Halifax, was a mail agent on the Raleigh and Gaston railroad; Stevens, one of the carpetbaggers, was very much occupied in look- ing after a boarding-house and a fish market which he had ^ Sen. lour., Nov. 20, 1868. Avery had been a comity solicitor be- fore the war and had never taken the oath of allegiance to the United States. Judge Brooks, Chief Justice Pearson, and two Superior Court judges had already given opinions that county solicitors were not banned. Later the Supreme Court decided that they were, the chief justice dissenting. ' Ho. Jour., Nov. 19, 1868. ' Sen. Jour., p. 17. House Joint Ballot 82 123 38 47 THE REPUBLICAN REGIME 377 established; Lieutenant-Governor Caldwell left his seat to go to Burke County and take the stump in the campaign for a successor to Avery ; Etheridge was absent at his fishery ; and Estes and a number of others held positions in the internal revenue service. Others failed to attend because it suited their convenience, and it was estimated that at least fifty members were absent daily. At the opening of the session, it was proposed by a Con- servative member that the per diem of the members should be reduced to four dollars and the mileage to ten cents. The Republicans ridiculed this and postponed indefinitely the consideration of the motion.^ In the Senate, Shoffner, a Republican, offered a resolution for the appointment of a committee to examine members on oath as to mileage ac- counts. This was greeted with a howl by the carpetbag- gers and some of the others who felt themselves not only insulted by the proposition but also threatened with financial injury.^ One member, so it was stated on the floor, had already drawn for fifteen hundred miles and his was not a solitary case. In this connection, the cost of the session in per diem and mileage, is interesting. The session lasted one hundred and fifteen days and cost $195,529.10. Print- ing ^ for the session amounted to $23,8g3.'o8, and contingent expenses and the like made the total cost upwards of quar- ter of a million dollars. The members, however, were not satisfied and motions were made to pay those who remained in Raleigh during the Christmas recess $3 per day. In April, just before the session closed, G. Z. French made the same proposition for the summer recess. The only remark- > Standard, Nov. 23, 1868. ^Sentinel, Nov. 25, 1868. ' Everything possible was printed even when the motion to print failed. Bills agreed upon in the RepubHcan caucus were often printed before they were introduced. 378 RECONSTRUCTION IN NORTH CAROLINA able thing about these attempts is that they were not success- ful. Truly might Josiah Turner, who assumed control of the Sentinel in December, say, " Yes, we have a new North Carolina and every true son of the State hangs his head in humiliation and sorrow as he looks upon the evidences of the metamorphosis. In the gubernatorial chair, a man re- jected and flouted, over and over again, by the people of old North Carolina and owing his accidental elevation (which commands no respect while obedience is yielded), to an unscrupulous reversal of all his former principles! In the judiciary, mountebanks, ignoramuses, and men who bedraggle the ermine in the mud and mire of politics! In the offices of State, mercenary squatters and incompetents! In the Legislative halls, where once giants sat, adventurers, manikins, and gibbering Africans ! " ^ Rumor which had been busy with the legislature during the recess, now became more active, and on November 30, W. H. S. Sweet, a carpetbagger from Craven, introduced a resolution for an investigation of the charges of bribery and corruption in the legislature, particularly in relation to the acts concerning the Chatham Railroad. He stated that he was able to prove conclusively that votes had been bought. A good deal of opposition was at once manifested, but the resolution passed the Senate. When it reached the House, Estes, French, and Laflin, though not daring to voice any active opposition, never lost an opportunity to hinder its passage. It was finally amended so as to reduce the power of the committee, and then passed. At once, Pou, Ingram, and Seymour joined with the Conservatives in supporting the original resolution and, leading the fight, finally secured a reconsideration which resulted in its pas- sage. An attempt in the Senate to remove Sweet from the ' Issue of Dec. 10, i863. THE REPUBLICAN REGIME 379 committee failed only by the vote of the lieutenant-gov- ernor which broke the tie. The Standard attacked Sweet very bitterly, but every other Republican paper in the State endorsed his course. The investigation resulted in little except a blow to the Conservatives. Senator Robbins had been exceedingly active in securing the investigation and, to the horror of his party, the report of the committee showed that at the preceding session he had accepted a fee of twenty dollars to assist John \V. Stephens in securing his per diem and mileage in his contest with Bedford Brown. Robbins, at the time he took the fee, had already publicly announced his intention of voting in Stephens' favor, and he at once made a frank acknowledgment of the whole matter to the Senate. The committee reported that they were convinced that he had not acted dishonestly, but, viewed in any light, it was an unfortunate happening for the Conservatives. At his own request, he was censured by the Senate, an attempt to expel him failing by a decisive vote. The Standard demanded that he and Sweet should both be expelled, and an attempt was made without success to censure the latter. The charges made by Sweet were the result of information given him by a Mrs. Caverley who promised to testify, but Littlefield succeeded in getting her out of the State and rapidly followed with " Judge " Alden, a carpetbagger lobbyist who was working for him. After the committee was discharged, Littlefield returned. Early in January, the news leaked that the location of the penitentiary had been accomplished by gross fraud upon the State, and a committee of investigation was at once raised. This met with a good deal of opposition from the more venal who openly condemned investigation of every sort. Hugh Downing, who was a member of the penitentiary committee, offered to buy the property, stating that he had an immediate chance to realize a large profit 380 RECONSTRUCTION IN NORTH CAROLINA upon the transaction. Pruyn, who with J. M. Heck had handled the deal, now came forward and offered to buy the land with certain deductions. Both offers wese refused. The facts of the case were these. The penitentiary com- mittee, composed of C. L. Harris, superintendent of pub- lic works, R. W. Lassiter, J. H. Harris, J. H. Renfrow, J. A. Hyman, Hugh Downing, and W. M. Robbins, upon the representations of Heck and Pruyn and after a visit to the building site alone, Harris having visited the rest, agreed to purchase certain lands upon Deep River, not then owned by the other contracting parties. A tract of twenty-five acres was selected for the site and eight thousand acres ad- ditional were accepted, separated from the former by about seven miles. The owner of the latter tract was on the point of giving away about six thousand acres of it to negroes to avoid the taxes, when Heck bought it at sixty cents an acre. The other land was purchased by him at a higher rate, one thousand acres at $3, and three hundred and fifty at something under $15. Before the purchase. Heck agreed to sell to Pruyn for $56,000, and the latter came to an agreement with the committee, Robbins dissenting strongly, for $100,000. No deeds passed until the whole deal was complete. Then Harris gave Pruyn and Heck orders upon the treasurer for the bonds to the amount of $44,000 and $56,000 respectively and received deeds in return which were not warranted and in which over six thousand acres were undescribed. None of the land was suitable, and the report of the committee to the effect that there were val- uable mineral deposits there proved false. ^ Much interest was excited by resolutions which were in- troduced in both houses requesting Congress to remove the disabilities of all citizens of the State. After considerable ' Legislative Documents, 1868-1869, no. 7 and no. 19. THE REPUBLICAN REGIME 381 debate, in which the prescriptive tendencies of the carpet- baggers appeared very clearly, the resolutions were rejected. In the main the negroes favored removal and men like In- gram and Pou of the white Republicans were untiring in their efiforts in behalf of the resolutions. How far the majority of the party were from such a point of view is best illustrated by the fact that, a little later, they seriously debated the question whether Vance's name should not be stricken from the list of incorporators of an insurance com- pany which had applied for a charter. , The Fifteenth Amendment was ratified in March with large majorities in both houses, the vote being as follows : For Against Senate 32 6 House 88 20 A number of Conservatives voted for it and supported it, including Hodnett, Jarvis, and Osborne. A great deal of freak legislation was proposed and some was enacted. Notable in this was the " twenty dollar law- yer " act which admitted to the practice of law anyone who would pay the license tax mentioned and was of good moral character.^ This later requirement was effectual only in theory. Naturally there was much opposition to it, but the argument that it was favorable to the negroes was very effective in securing its passage. A resolution was passed which, after reciting the confidence felt by the legislature in President Grant, instructed the senators and requested the members of Congress to vote for the repeal of the tenure of office act. A proposal to annex the city and county of Norfolk, Virginia, excited considerable interest and was seriously debated. A resolution was proposed which, after '^Laws, 1868-1869, chap. xlvi. 382 RECONSTRUCTION IN NORTH CAROLINA Stating that doubt existed as to the length of the term of the members of the legislature, declared it to end in 1870. This did not suit the plans of those who had caused the ambiguity in the constitution and the resolution was stifled. At the previous session, the apportionment of rooms in the Capitol to the state officers had been placed in the hands of a committee. In August, the papers and other effects of the Supreme Court were removed to the third floor of the building and put in small rooms not at all suited to the needs of the court. Adams, the auditor, and Ashley, the superintendent of public instruction, then took possession of the two rooms hitherto occupied by the court. The first meeting of the court was not due until January and it was currently rumored that its early hours would be interesting. When the court assembled, it took possession of its former quarters, had its papers brought down, and ordered Ashley to leave and remove the property of his office. .A.shley ignored the order and the court appealed to the legislature for assistance. With some opposition on the part of the carpetbaggers, a resolution was passed ordering Ashley to vacate; another resolution instructed the attorney gen- eral to inquire into the legality of the action of the com- mittee in moving the court ; and the governor was requested to assign rooms to the state officers. The last resolution, as introduced, placed the location of the court in the gov- ernor's hands, but the friends of the court, realizing that he would ally himself with his colleagues, succeeded in striking out that provision. About the same time, the au- ditor was directed by the court to vacate the clerk's office. He ignored the order and, on February 13, was arrested by the marshal and committed to jail for contempt. The papers of the office were thrown into the corridor where they remained for some time. As the marshal, starting to jail with Adams, passed Governor Holden's office, the latter, THE REPUBLICAN REGIME 383 rushing out in great excitement, exclaimed, "Supreme Court or no Supreme Court, chief justice or no chief justice, d — d if my officials shall go to jail. If they do, it shall be over the dead bodies of my militia." A crowd collected and forced the marshal with his prisoner into the office where he remained until peace was restored and the court placated in some way never made public. The debate in the legisla- ture on the subject was angry, abounding in denunciation of the court and its action, and revealing considerable fric- tion between the court and the legislature, but the auditor was finally given another room on the ground floor and the superintendent moved to the loft of the Capitol. One of the most important acts of the session was the passage of a law making it a felony to go masked, painted, or disguised upon the highway with intent to terrify any citizen.^ This was introduced by a carpetbagger and was of course directed against the I■ Resolutions, 1869-1870, p. 333. '^ Laws, 1869-1870, chap, xxxviii. 402 RECONSTRUCTION IN NORTH CAROLINA bill " for the better protection of life and property," intro- duced in December by Senator Shoffner, of Alamance, and thereafter known by his name. The author of it, however, was John Pool and rumor had it that Shoffner was paid a considerable sum of money for consenting to father it. The act empowered the governor, whenever, in his judg- ment, the civil authorities in any county were unable to protect its citizens, to declare the county in a state of insur- rection and to call into active service the militia of the State for its suppression. The judges and solicitors were given power to remove to another county the trial of any person indicted in any county for murder, conspiracy, or going masked, painted, or disguised. All expenses incident to either action were to be borne by the county concerned, the privilege being given to the county to tax the costs upon any persons convicted.^ The bill was vehemently opposed by the Conservatives who declared it unnecessary and de- nounced it as unconstitutional and intended simply to give the governor unlimited miltary power to use for political purposes." It passed all three readings in the Senate on the day of introduction by a strict party vote and was sent to the House where it came up on the following day, but many Republicans were absent, and the Conservatives succeeded in preventing a quorum from voting on the third reading, and the bill went over until after the Christmas recess. During this time, the Sentinel strove to arouse public senti- ment against the bill to such an extent as to insure its fail- ure, but the Republicans were determined to- force it through, and, after a bitter debate, passed it with a number of the party voting against it, for Republican sentiment was not at all united on it. W. T. Gunter, of Chatham, an intense Republican, led the fight on it in the House and even ^Laws, 1869-1870, chap, xxvii. '^Sentinel, Dec. 18, 1869. THE REPUBLICAN REGIME 403 Deweese wrote many letters from Washington in opposi- tion to its passage. Seymour, who was its chief defender, acknowledged that it was wrong in principle but declared that the times demanded it. In private conversation, he made no secret of the fact that it was passed as the only hope of holding the State Republican.^ The chief defence of the Republicans was that the bill did not authorize the suspension of the writ of habeas corptis. The most interesting feature of the session was the amount of time spent in discussion of investigation of the widespread charges of fraud, and in making such investiga- tions, at least three-fourths of the time of the session being consumed in this way. The session had scarcely com- menced before bills providing for various inquiries were introduced. The one that attracted most immediate atten- tion provided for an investigation of the Western North Carolina Railroad. A. J. Jones, a railroad president him- self, who had already stolen a large amount of bonds, was vehement in his opposition and denunciation of the resolu- tion.^ It failed, but others followed, were passed, then reconsidered and defeated only to be replaced by others. All the influence of the administration was brought to bear against any investigation, and the carpet-baggers fought every suggestion of such a thing, declaring the very propo- sition an insult. The Standard pronounced any such resolu- tion " a stab at the Republican party," and called upon the party to form a solid phalanx and act without regard to a " snarling minority." Speaking of Republicans who voted with Conservatives, it said, " Let them be refused the con- fidence of Republicans or admittance to the councils of the party. Let them be treated as Judases, who seek to betray '^Report of the Senate Ku Klux Committee, p. 224. ^Sentinel, Nov. 20, 1869. 404 RECONSTRUCTION IN NORTH CAROLINA those who have trusted them. Let RepubUcans act with Republicans and not with enemies." ^ The last editorial was caused by the action of the House in going into the commitee of the whole and summoning the treasurer before it. Immediately, Littlefield left Raleigh. Nothing came of the investigation so conducted. The Republicans voted down every genuine effort to secure the truth, and, when the committee of the whole met, showed the same disposi- tion, demanding that the Conservative members should conduct the investigation, but declining to assist or to sus- tain them. The superintendent of public works was sum- moned and showed a complete ignorance of the condition of the various railroads in which the State was interested. The treasurer was summoned a second time and with the governor's approval declined to appear.^ The sittings of the commitee continued until close to the end of the session, amounting to little because of the determination of the Re- publicans to protect certain persons. In March, Littlefield finally appeared, but Sinclair, Seymour, French, Downing, and James H. Harris combined and were able to exert enough influence to prevent his being seriously troubled.^' Governor Holden and W. A. Smith, the president of the North Carolina Railroad, got Swepson out of town on a special train at midnight to avoid appearance. In January, the Senate authorized a committee of inves- tigation, and Lieutenant-Governor Caldwell appointed Thomas Bragg, S. F. Phillips, and W. L. Scott, who con- ducted an investigation as exhaustive as the time allowed them permitted. The testimony taken by them showed to some extent the condition of affairs, but no action was taken. The situation became increasingly embarrassing ' Issues of Nov. 20, 1869, and Nov. 29, 1869. ^Sentinel, Dec. 15, 1869. '^Ibid., Mar. 8, 1870. THE REPUBLICAN REGIME 405 for the Republicans, for the Conservatives v^ere pressing in- vestigation at every point, and it was bad poHcy to oppose such plans openly, and still worse to allow investigation to continue. One element never ceased opposition and the Standard became its mouthpiece. The Sentinel, referring to this, said, " Rave on, ye Radical plunderers ; but your days of iniquity and fraud and corruption are fast coming to an end. The people, insulted and robbed, will not much longer suffer you to pursue your foul practices and elude public justice." ^ A little later, it addressed the following to the legislature : Did you never read, Hands, that " there is a time when great States rush to ruin " ? That time is now upon this State. North Carolina is now no more like the North Carolina of former days than Chicken Stephens is like Bartlett Yancey, or Cuffee Mayo is like Judge Gilliam. The North Carolina served, loved, and honored by Gaston, Nash, Badger, Swain, and Ruffin is the same North Carolina no more. She is now the " hog trough " of the Union where Littlefield, Deweese, Laflin, Tourgee, Heaton, Ashley, Brewer, and Abbott, and such swine, come to wallow with native hogs like Id^olden, Victor, and Greasy Sam.^ In spite of the entreaties of the Standard and the carpet- baggers, the legislature passed a number of resolutions under Conservative pressure. The treasurer was requested to inform the legislature as to the whereabouts of the bonds issued to Pruyn and Heck for the penitentiary site, and of those issued to the Chatham Railroad, which had been de- clared unconstitutional. He was also asked for reports on the sums paid to the code commissioners and clerks of the leg- islature, on the number of bonds issued, and on the expenses 'Issue of Feb. 9, 1870. ■'The reference is to Judge Watts. Issue of Feb. ig, 1870. 4o6 RECONSTRUCTION IN NORTH CAROLINA of the State government. The auditor was asked to report the amount and items of contingent expenses, the amounts spent on the Capitol Square and for ice. Committees were appointed on these and a number of other matters, includ- ing the state printing. Finally, Littlefield and his coterie determined to check the movement and, on the night of March i, 1870, a large number of Republican members of the legislature were entertained by Littlefield at an oyster supper at which liquor was unlimited. A large number were soon drunk and party spirit having been roused to a high degree, nineteen senators agreed to vote for abolishing the fraud commission, and this was done the next day.^ In the meantime, something more than investigation had been accomplished, though against the real desire of the majority. The Senate passed a resolution instructing the treasurer not to pay any interest on the special tax bonds until further action by the legislature. This is interesting as an expression of sentiment on the subject. The office of state printer was abolished to dispose of Littlefield and re- established a few days later with the power of appointment vested in the legislature. Most important of all was the re- peal of all appropriations of bonds in aid of railroads,^ which was accomplished after a bitter debate. At this point, the Standard repudiated the legislature in the follow- ing words: Its every act now directly injures the State. Under pre- tense of benefiting the people, bills are passed which are an- tagonistic to the interests of the people. It has ruined the credit of the State. It has forced dishonor upon a people whose good name none have dared till now to traduce. ^Sentinel, March 4, 5, 1870. Report of the Bragg Fraud Com- mission. 'Larvs, 1869-1870, chap. Ixxi. THE REPUBLICAN RSGIME 407 It has, led by men who care for nothing save their unworthy selves, passed laws which will render its name infamous for- ever, forever.^ A pretty piece of rascality came to light after the close of the session, though it never became known generally. O. S. Hayes, a carpetbagger, introduced a bill requiring foreign insurance companies to deposit with the state treas- urer a sum in gold equal to one-half the amount of their policies in force in the State. This was passed and ratified and was then taken from the office of the secretary of state and not included in the published laws. Soon after ad- journment, Barry Brothers, of Wilmington, who repre- sented the Liverpool, London & Globe Insurance Company, were notified that such an act had been passed and that if they v^rould pay a proper amount, it would never be heard of again. They at once inquired of the secretary of state if such a law had been passed, but he did not reply. A visit by an agent secured the statement that there was no record of such a law. Once more a demand was made for money coupled with the statement that the Republican executive committee was in urgent need of funds for the coming campaign. Barry Brothers and Silas N. Martin, the Re- publican mayor of Wilmington, then laid the case before Governor Holden. Immediately a letter came from the secretary of state saying that the bill had been stolen, and referring them to Foster, of Bladen, another carpetbagger, as a person who knew all about it. Martin and Barry pressed the matter, the former declaring it would ruin the party, and Governor Holden, who seemed entirely indiffer- ent, said, " Dishonesty and corruption on the part of a few cannot injure the Republican party. The party as a party is not to blame." Martin replied that the party was justly ' Issue of Feb. 22, 1870. 4o8 " RECONSTRUCTION IN NORTH CAROLINA blamed. " With our credit completely annihilated, our taxes large, our progress slow, it becomes us to root out all dishonest men. If we do not, our fate is beyond doubt." ^ Not long after the legislature assembled, the question of the length of its term again arose. The point of the matter was this. One provision of the constitution declared that the term of the legislature chosen in April, 1868, should " terminate as if they had been elected at the first ensuing regular election." A later provision made the term two years and ordered the first election to be held on the first Thursday in August, 1870. With this ambiguity as a basis, a considerable group shamelessly attempted to prolong the life of the legislature to 1872. The intention was evident and Plato Durham, in order to draw public attention to the matter, introduced a resolution declaring that the term ended in 1870. The matter was finally referred to the Supreme Court which had, of course, nothing to do with the matter. But Chief Justice Pearson was known to have been favorable to the four-year tenn," and it was probably thought that he would carry the court with him. Gover- nor Holden was believed to have favored it at first but to have changed his mind upon discovering that a majority of the existing body favored Judge Settle as Abbott's suc- cessor in the Senate. The Standard also opposed the plan for somewhat the same reason. In the midst of the discus- sion, Judge Tourgee volunteered the information that he. Sweet, and Heaton had agreed in the convention that the first legislature would be unpopular, and that, for the sake of the party, they had inserted the clause mentioned in order 'Barry to Holden, April 11, 1870; Martin to Holden, April 11, 1870, April 20, 1870; Barry to Martin, April 20, 1S70. These letters are to be found in the Holden papers in the executive office in Raleigh. '' Memoir of TV. W. Holden, p. 159. THE REPUBLICAN REGIME 409 that the body might hold over/ Sweet and Heaton at once denounced Tourgee as a har so far as his charges concerned themselves.^ Much discussion was provoked and the Sen^ tinel wittily said that the Radicals " were trying to per- suade Cuffee Mayo that biennial meant once in four years and four months." When the matter was referred to the Supreme Court, Judges Pearson and Dick declared in favor of the two-year term and the other three judges declined to discuss the question. The matter was put off until the suspicion became general that the majority would fail to order an election. Finally, when that course was seen tO' be dangerous, the election was ordered. But little legislation of importance was secured. A proposition for a constitutional convention was voted down. Forty-eight counties were allowed to levy special taxes and seven to issue bonds. As usual, most of them were under Republican control. In March, J. W. Holden resigned the speakership to as- sume editorial control of the Standard for the coming cam- paign, and was succeeded by W. A. Moore, of Washing- ton. The legislature adjourned on March 28, having been in session ninety-seven clays. The expenses of the session were heavy, $74,176.20 being spent for per diem and mile- age and $19,156.43 for printing. The cost of the other items, such as stationery, was large, but is not definitely known. Several attempts were made by members of both parties to secure the reduction of the per diem, but the sug- gestion was received with scorn and mockery.^ Adjournment was accompanied by wild demonstrations ' Wilmington Journal, Dec. 4, 1869, Dec. 31, 1869, Jan. 21, 1870. -Sentinel, Jan. 15, 1870. ' Blythe, a Republican, introduced sucli a bill which, after being amended so as to apply to him alone, was passed. Seniinel, Jan. 13, 1870. 41 o RECONSTRUCTION IN NORTH CAROLINA on the part of the Republican members and by quiet rejoic- ing on the part of the opposition. The Sentinel said : " Sound the loud timbrel o'er Carolina's dark sea! " • Yesterday exactly at 12 o'clock, M., that body which con- vened in this city in special session, on the first day of July, 1868, and has been in session, off and on, nearly ever since, by courtesy called the General Assembly of North Carolina, having done all the mischief that presented itself to their per- ceptive faculties, adjourned, sine die.' 3. CHARACTER OF ADMINISTRATION The two leading characteristics of the administration of public affairs during the Republican regime were extrava- gance, combined with corruption, and incompetence. The former appeared in every department of government, for the poverty-stricken condition of the people was ignored and those in office sought to fatten at public expense. The salaries of the state officers were higher than ever before and their number was greatly increased.^ In addition, every department was allowed almost un- ' Referring to Laflin's song at the close of the convention of 1868. ' Issue of March 29, 1870. 'The following is the table of salaries: Governor $5, 000 Secretary of State 2,500 Treasurer 3 ,000 Auditor 2,500 Superintendent of Public Works 2,500 Superintendent of Public Instruction 2,500 Attorney General i ,500 Five Supreme Court Judges 12,500 Twelve Superior Court Judges 30,000 Adjutant-General i ,200 Total $63,200 THE REPUBLICAN REGIME 411 limited clerical assistance.^ The state officers were author- ized to purchase all necessary furniture and supplies. In consequence, every department had more clerks than it could keep occupied and every office was rather elabor- ately refurnished. The expenses in the gross were very large, for everything was purchased at the highest price and usu- ally from someone with whom the administration was closely connected. The number of cuspidors used in the Cap- itol must have ben enormous to judge from the amounts paid for them. New carpets were purchased at a cost of $3,750, and shades put in all the windows. The latter were very expensive, running as high as $24 per pair. While the taxpayers were pinched by poverty, the public officials lived in a luxury to which not one had been accustomed. The ice bill for the four summer months of 1869 amounted to over $600, and over forty-five thousand pounds were con- sumed. The contingent expenses which had always been low, rose amazingly and covered much graft. ^ For the ' The following is the table of clerks and salaries under the law : Department. Number of clerks. Total salaries. Executive ... 3 $2,700 State 4 3,700 Treasury 3 3, 700 Auditor 3 3,600 Adjutant-General i 1,080 Public Works 2 i ,goo Public Instruction 3 3,400 Capitol 4 2,030 Total 23 $22,110 'Table of contingent expenses: 1866 $29,997.93 1867 29,876.05 1868 35,345-94 1869 76,506.64 1870 57.884.82 412 RECONSTRUCTION IN NORTH CAROLINA years 1869 and 1870, they amounted to $134,391.46, and of this, about $70,000 was expended on the Capitol Square for which a force of hands was kept constantly on the pay roll. Large numbers of fancy trees and shrubs were pur- chased, none of which survived. Over five thousand dol- lars was employed in subsidizing Republican newspapers by paying for the publication of laws and proclamations. The expenses of the departments were increased by much travel- ing, most of it useless. The attorney general had no clerks, but the State, during two years, paid $5,400 in counsel fees. Interestingly enough, the attorney-general himself received $500 of this. Other costly features of the government were the militia, which cost the State $76,607.61, and the detective service, which cost $4,179.59. Stationery during the two years cost $37,718.83. Some of this was sold and the secretary of state, who had charge of the purchase and issuance of it, was accused of fraud. He escaped by blaming one of the doorkeepers of the legislature.^ Menninger was, how- ever, corrupt and profited greatly from his office, coming out of it quite well off, although he was bankrupt when he took it. Another expense of the government which proved profitable to some was the purchase of wood. It was ob- tained from D. J. Pruyn, the carpetbagger with whom Deweese had been in partnership, who always received twenty-five per cent above the market price. Government had always been economically administered in North Carolina and it had become traditional. If the high cost of government had procured a correspondingly high quality of administration, it would not have been alto- gether a bad thing, but never before or since was the State so hopelessly misgoverned by its officials from township THE REPUBLICAN REGIME 413 constables to chief executive. The governor was much more interested in party politics and personal advancement than in good government and was surrounded by incom- petent sycophants and highly-skilled plunderers. For party reasons he w^as ready to overlook any lack of honesty, as was shown by his selection of Laflin for state proxy in the North Carolina Railroad in spite of the protests of Swep- son, himself openly dishonest, and by his forcing the elec- tion of Littlefield and Swepson as railroad presidents and approving the election of Sloan and Jones. He was fully aware of the character and record of all and, in the case of Swepson, Sloan, and Jones, he had definite proof in their cotton transaction in 1865 of their entire unworthiness for public position. He never, so far as can be discovered, profited to the extent of a penny from the frauds committed by them and others, but he attempted to shield them and must be held at least partially responsible for their acts. A strong man and a good one in his place could have held back the plunderers and crowned his name with honor, but with his eyes open, he chose the worse part. ^ The other state officers were incompetent or worse. Dr. Menninger, as has been noted, was utterly corrupt,^ and, at the close of his term, after he had gone North, Governor Caldwell had to threaten him with criminal indictment for misappropriation of funds. D. A. Jenkins seems to have been personally honest so far as the funds in his hands were concerned, but, like all the administration, he was perfectly aware of the wholesale stealing that was going on. ' Daniel L. Russell in his testimony before the Senate committee on the Ku Klux said that the frauds were largely due to Holden's imbecil- ity and incapacity. Page 183. '' There is evidence to show that his house was largely furnished at the expense of the State. An instance of this is to be found in the Report of the Shipp Fraud Commission, p. 534. 414 RECONSTRUCTION IN NORTH CAROLINA Henderson Adams, the auditor, was a nonentity. C. L. Harris, the superintendent of pubHc works, was personally- honest but was a " practical " politician and very partisan. When he protested against a proposed fraud, his colleagues read him out of the party. Ashley was corrupt. On every side there was nepotism. The governor made his son di- rector of two railroads, his brother a director of one, one son-in-law attorney general and another mayor of Raleigh. Josiah Turner, commenting on this in the Sentinel, said, " But if any provide not for his own, and especially for those of his own house, he hath denied the faith and is worse than an infidel." Ashley had a near relative in his office and secured a professorship at the University for his brother-in-law. In respect to this latter achievement, he was rivalled by Judge Settle and John Pool.^ Adams and Menninger each had brothers as clerks and Jenkins had his son in his office. In the judicial branch, conditions were somewhat better as regards morals and worse as regards ability. The Su- preme Court was a very able body with the grave fault that it was actively in politics. Of the justices, Reade was the worst ofifender, though he was very successful in concealing it. The condition of the Superior Court bench was pitiful indeed. E. W. Jones was not only an habitual drunkard but was brazenly immoral and entirely incompetent. George W. Logan seems to have been honest on the bench, but was entirely " innocent of law " in addition to being incompetent from lack of ability. He never lost sight of politics. Tourgee was without character, partisan, and un- dignified, but had more than usual ability, and, being very studious, became a most capable judge in all cases where ' Few families benefited by Reconstruction as much as the Pools. Six offices were held by them. THE REPUBLICAN REGIME 4^^ politics could not enter/ In other cases he was likely to lose all sense of propriety. Judge Henry was of only aver- age ability and while charges that he was habitually intoxi- cated were constantly made, there is no proof of their cor- rectness. Judge Cloud and Judge Cannon were honest but unlearned country lawyers who could never have reached the bench except in Reconstruction. Judge Buxton was exceedingly able but somewhat inclined to dabble in politics. Judge Watts was ignorant and corrupt, being hand in glove with the corrupt carpetbaggers, and, having received from Littlefield five thousand dollars when the latter was presented by the grand jury of Wake, Watts adjourned the court at once in order to prevent the solicitor from drawing a bill. He was a bitter partisan and was very active in politics, taking the stump in every campaign, or rather making one of the bench. C. C. Pool and Charles R. Thomas were both of average ability. Almost all the judges were careless and nearly every court was delayed by the tardy arrival of the judge. Tourgee was also in the habit of adjourning court early and, on one occasion, he left Orange court before the grand jury closed its session. That body then, at the insti- gation of Josiah Turner, presented him. An interesting contrast of the idea of law of the Superior Court judges with that held by the higher court is to be seen in the re- versal of their decisions in seventy of the one hundred and fourteen cases heard on appeal by the latter court at Janu- ary term, 1870. In the counties conditions varied. In the black counties, they were terrific; in many white counties in the hands of the Republicans, there seems to have been honest and cap- ' A number of able lawyers, who were his political opponents, have assured the writer that Tourgee was the ablest judge that they had ever practiced under. 4i6 RECONSTRUCTION IN NORTH CAROLINA able administration. Nor were all the Democratic counties fortunate in government. But there was a marked ten- dency in the Republican counties to an extravagance not warranted by the abilities of the people. The county com- missioners were wasteful at first and, in many counties, in- competent and corrupt. A notable example was in Wake County where the board was in session for one hundred and fifty days during the first year of the new system. Two members who lived in Raleigh charged mileage for one hun- dred and fifty-four miles, and a third, who had a home in the country but who lived in the city, of which he was post- master, charged for 4,268 miles. ^ The chairman of the board in Craven County stole $1,260 from the school fund." The most common offenders among the county officers were the sheriffs, and their opportunity for rascality was natur- ally great. Wake and New Hanover both had carpetbag- gers in the oifice and both suffered from their defalcation in large sums. Because of its financial importance, the posi- tion attracted carpet-baggers more than any other county office, and there were a number of them in the State. Pitt County was ridden with carpetbaggers, having aliens for senator, representative, sheriff, deputy sheriff, tax collector, treasurer, chairman of the board of county commissioners, a justice of the peace, and the deputy register of deeds who did all the work of the office. This seems to be the record for the State, though Craven labored under a very heavy burden of the same sort. Many of the Republican county officers could not give bond and it was the practice of Abbott, Deweese, and other carpetbaggers to go on their bonds so as to enable them to qualify. It was good politics and even the governor soon followed their example. Probably the highest average of ignorance, inability, and ''Sentinel, Sept. 29, 1869. 'Ibid.. Sept. 13, 1870. THE REPUBLICAN REGIME 417 inefficiency was to be found among the magistrates. One negro magistrate in Wilmington had a prisoner, who was ac- cused of murder, carried to the body of the victim to see if the blood would fiow.^ Another New Hanover justice, ap- pointed by Holden, was a convicted felon, who was never- theless allowed to qualify and serve. So far as can be dis- covered, no negro magistrate was competent to fill the posi- tion and the same may be said of many of the white ones.' In the federal service, conditions were little if any better. From those appointed, one could not be blamed for arriving ■ Raleigh News, June 18, 1875. ' The following are interesting examples of official papers issued by three of the county officials: " Notis. " Wil be sole next tusdy was a week at John Engh's sicks mills on Roily rode won hoss 4 yerr ole. Won cow and cafe. Won silver spune. Won sow with pigs by me. G. Imbles, Constable." " Mr. Robbard Ivy, I hearby Notify you to Come over to Tryal Sat- urday morning 10 oClock to my house if you donte the plaintiff Will tak Jugrnent Against yo. ISaac Wooten, J. P. Caesar By Cear Caesar Wooten." " State of North Carolina, " guilford County. "to ina lawful officer to execute forthwith whereas informa- tion has this Day been made to me one of the Justices of the Said Centy on oath of Andrew pelekten that on the 19 of December, 1868 and in said County one Henry Coe her set forth the efence of and against the State and against the peace and dignity of the State, this is therefore to Comand you to arest the said henry Coe and have Henry Coe before me or Sum other Justices of the said County to anser the foresaid Com- plaint and bee further dwelt according to law herein fail not and have you ther this warnt given under mi hand and Seeal this 22d Day De- cember, 1868. Frederick Smith, J. P. "Nnten H. parker you are debitised to attend to this warnt. I hereby Debetize N. H. parker to arest and return this warnt. Frederick Smith, J. P." 4i8 RECONSTRUCTION IN NORTH CAROLINA at the conclusion that an evil character was the highest recommendation. Many of them made good use of their time. L. G. Estes, collector of internal revenue, was con- victed of malfeasance and judgment for $30,000 entered against his bondsmen, of whom Abbott was one.^ H. E. Stilley, a carpetbagger and an embezzler, later was ap- pointed collector of the first district. The assessor of in- ternal revenue was a carpetbagger who traveled over the State accompanied by a negro woman of ill-fame, and A. H. Galloway declined to allow him to come to his house.* The same illiteracy and incompetency were to be found among the federal office holders that has been noticed in the state and county service.^ Well might H. H. Helper write Secretary Boutwell of the federal officials, " They are for the most part pestiferous ulcers feeding upon the body politic." ' The defaulting collectors accoi'ding to the newspapers were: District. Collector. Amount. I W. C. Laflin $1,621.36 2 L. G. Estes 74,774.67 3 C. W. Woolen 56,816.25 4 John Read 56,948.66 5 W.H.Thompson 50,327.79 5 John Crane 166,290.09 6 John B. Weaver 59,125.47 Total $465,904.30 The author has never been able to verify these figures. 'H. H. Helper to Secretary Boutwell, March 23, 1871. 'The following is an example of an official document issued by a revenue official: Lincolnton November the 2 day, 1871. This is to surtifi That was Rain By Mea Beefore the U. S. com- ishner R. P. Vest at the coat Hous in Lincoton of Bein Berlongin to the in viserl Emphire and was Dischargd of the vilatin of the Acct of congress charged in the With in Warrant, This 2 day of November, 1871. Thos. W. Womble, D P Marshal. THE REPUBLICAN REGIME ^ig One of the most common charges against the governor was his free use of the pardoning power, particularly in behalf of his party. Compared with the usage of to-day in the State, it was not a startling exercise of executive clem- ency, but for that time, it was far more frequent than was usual. During his term of two years, Holden pardoned one hundred and seventy-five persons, some of whom were un- doubtedly deserving.^ The evil characteristics of the Republican administration have been indicated sufficiently clearly to show one of the chief causes of the uprising of the people at their first op- portunity. To one familiar with the character of the people of North Carolina, no other result would seem possible, and, while it was assured by other contributing causes than bad government, this alone would have been sufficient. 4. SOCIAL AND ECONOMIC CONDITIONS, 1868-1870 The congressional policy of Reconstruction, designed primarily to work a political revolution, also brought about a social and economic one. It is true that the war had done ' The following table shows the pardons by year and the offences for which the persons had been convicted: Ofifence. 1868 1869 1870 Larceny 20 32 20 Assault 5 24 S Houseburning i Murder 9 5 8 Burglary i 3 Afifray 4 Riot I • ■ I Horsestealing J Manslaughter • • 3 2 Attempt at rape • • 3 i Robbery ■ ■ 1 i Miscellaneous •■ iS 9 Totals 42 86 47 17s 420 RECONSTRUCTION IN NORTH CAROLINA this to some extent, but there were evidences of an ap- proaching adjustment in 1865 and 1866 which was pre- vented by the establishment of the military government. The effect of the whole system was to postpone for some time a settlement of the relations of the two races upon any basis that was acceptable to the white people. The negroes were separated from them in politics and in religion and a strong effort was made for political reasons, and with some success, to persuade the negroes that they had no interest in the prosperity of the white people. In consequence, labor conditions were unsettled during the whole period and, combined with this, sufficient in itself to cause economic distress, there were bad seasons for several years. Short crops and the burden of taxes, which were largely paid by the land-holding class, made the industry of agriculture lan- guish and, since then the key to the whole economic situa- tion of the State was to be found in agriculture, the indus- trial development which has been so phenomenal having then scarcely begun, the situation could not have been much worse. Other elements contributed to the distress of the State. Crime increased and public morals degenerated. Theft became so common that it was a menace to prosperity. Live stock was stolen until in some communities the raising of sheep and hogs was abandoned. Farm .products of all sorts were taken to such an extent that the profits of a farm were often thereby swept away. This was partly due to the natural propensities of the negroes, intensified by their necessities, but they were also encouraged in it by white thieves who dealt largely in farm products purchased at night in small quantities with no questions asked. This evil assumed such proportions that the legislature of 1871 passed a law forbidding the purchase of such commodities after dark. That want was common among the negroes is THE REPUBLICAN REGIME 42 1 well known, but it is not a matter of such common knowl- edge that among the white people there were many who scarcely knew from day to day from whence the next day's support would come and this in spite of the fact that every effort was made to find work that could be done. The war, which swept away so much property, in many cases did not leave the capability of making a living. That so many suc- ceeded in acquiring that capacity argued well for the stock and bore good promise of future performances in the eco- nomic and industrial upbuilding of the commonwealth. It is interesting to see how helpless emancipation left both classes who were freed by it. The one which was really most benefited was the slower to realize it, but when once it saw the truth, ceased to bewail the lost shackles which had bound it to the institution of slavery and made haste to lend its aid in the process of dignifying labor. It was without doubt a bitter experience but that it was productive of good results is proved beyond all question by the facts of to-day. The negroes, on the other hand, were stimulated into an outburst of ecstasy at relief from the metaphorical chains of bondage, and, regarding liberty as inseparable from idle- ness, proceeded to put it to the test. It must be said for most of them, however, that, when undisturbed by political agitators or outside influences, their behavior was good. They, too, had a bitter lesson, but were prevented from learning it thoroughly by the syren voices of the carpet- baggers who assured them of the gratification of every de- sire when once they obtained the franchise and lifted their alien friends to profitable office. It took many years of experience before the mass of them discovered that their race had been employed as a step to help white men into office and that their activity in politics had won the dis- pleasure of those who paid wages for labor and to whom, instinctively and in spite of slander and falsehood, they 422 RECONSTRUCTION IN NORTH CAROLINA turned when in trouble. In the meantime, the morals of the race had degenerated, the opportunity of political instruc- tion, and, of greater importance, political division, had passed, and the white man's party would have none of them. From the presence of the negro in politics grew one of the greatest evils for which Reconstruction was respon- sible, namely, the inevitable blunting of the political moral sense of the white people. North Carolina, unprogressive as it was, had always a highly-developed political sense and an equally high standard of political morality. The great- est shock of Reconstruction was the revelation of the depths to which politics could sink. But during these two years of Radical misrule, when the ideals of the community were shattered, when an ignorant, inferior, and lately enslaved race, controlled by selfish and corrupt aliens, held the bal- ance of power and, by combination with a small minority of the native whites, administered the government, then the practical necessities of the case overcame scrupulous notions of political morality, and a determination to rule by any methods possible possessed the mass of the white people and held them during the three following decades. That they were right is not to be doubted in the face of the facts, but it must nevertheless continue to be a cause of regret that such a thing was necessary to secure good government. How far political and social conditions affected the eco- nomic interests of the State can not of course be determined. That there was a close relation existing must of course be true. Wages were low, but probably would have been so under any government the State might have had. They fluctuated little during the period. Money was scarce and the usual plan in the country was to rent land to " croppers " on shares which varied in proportion to what the owner supplied. The plan was uncertain in its results but prob- THE REPUBLICAN REGIME 423 ably not so much so as was the hiring of hands with regu- lar wages, for, in the latter case, there was little or no re- dress for an employer when his hands deserted him. When wages were paid, they were about as appear in the follow- ing table where they are contrasted with earlier rates. Year. Men. Women. Boys. i860 $110 $49 $50 1867 104 45 47 1868-1870 89 41 39 The usual wages for servants in town were $120 for men and $60 for women. The period saw a steady decline in the value of most of its agricultural products though its live stock rose slowly in number. The following tables are illustrative : Year. Corn. Wheat. Rye. Oats. Barley. 1867 ...■■$18,692,960 $7,205,650 $548,450 $2,226,560 $4,500 1868. ■■•• 18,225,480 5,942,000 501,810 2,261,350 3,875 1869 . 17,400,000 5,921,100 460,000 2,275,oco 3,500 i87o....^ 17,550,000 5,103,780 388,000 1,567.500 1,220 Buckwheat. Potatoes. Tobacco. Hay. 1867... •■ $19,580 $519-560 $6,956,676 $2,158,740 1868... ■■ 19,090 745,820 6,849,672 2,790,000 1869. 12,070 540,000 4,589,500 1,937,600 1870 .•■■• 10,324 519,400 4,230,000 1,938,430 Total. 1867 $38,332,716 1868 37,339,097 1869 33,138,770 1870 31,308,654 The Statement of property values for the same period is still more interesting, though the assessments were probably somewhat low. 424 RECONSTRUCTION IN NORTH CAROLINA Year. Land. Town lots. Live stock. Other personalty 1867 .. ••$87,993,293 $9,654,973 Not available. Not available. 1868 ... . .. 82,204,267 7,386,019 $20,052,456 Not available. 1869 ... . .. 69,990,991 9,566,353 i8,377,5;i $27,536,688 1870 . • . •• 68,240,609 12,900,901 17,424,231 22,344,478 Upon this property, taxes increased with a leap when the reconstructed government was established. The following table will show the figures : Year. Poll. Income.' ; State tax.' S pecial Ta 1866. ..$1. $1. to $3.50 .10 1867. .. .50 .50 to I. .10 .50' 1868. .. .50 .50 to I. .10 .05-^ 1869 . .. 1.05 2.50 ■ 35 .59* 1870 . .. l.IO 1.50 .20 .1666 The chief burden of this taxation fell upon the Conser- vatives not only because a majority of the white people belonged to that party, but also because they possessed the greater part of the wealth of the State. In addition, in many Republican counties, property was assessed so as to bring about that result. This continued long after the Conservatives obtained control of the state government. The result of these conditions was to force upon the market much of the land, particularly of large holders, which ceased to be profitable. A great deal was sold for taxes and still more to get rid of it. The prices were piti- fully small. In 1869, twenty-three plantations containing 7,872 acres were sold for taxes in Wake County and brought only $7,718.^ In 1871, twenty-five thousand acres •This is the tax on $100. '•' This tax was levied on personal property consisting of luxuries and jewelry. ' Tax levied for the convention of 1868. * Special taxes authorized to pay interest on railroad bonds. ^Sentinel, May 3, i86g. THE REPUBLICAN REGIME 425 and one hundred and thirty-three Wilmington town lots were sold for taxes in New Hanover and brought $3,- 019.66.* In an industrial and commercial way, the State was mov- ing ahead but slowly. In 1870, the industrial situation con- trasted with that of i860 was as follows : Year. No. estab- Hands. Capital. Wages. Value of lishments. products. i860 3689 14,217 $7,456,860 $2,383,456 $g, III, 050 1870 3642 13,622 8,140,473 2,195,711 19,021,327 The manufacture of cotton was beginning and the manu- facture of tobacco was already of great importance. In the latter industry, the negroes found employment in large numbers and had a practical monopoly of certain branches of it. During the whole period, there were only six banks in the State, all of them national, having a combined capital of less than one million dollars. A number of small firms did a private banking business, however, without charter. Because politics was of such absorbing interest, news- papers flourished more than was to be expected. In 1870, there were fifty-two in the State, excluding six religious publications, and thirty-six of these were political. Twenty- six were Conservative, seven. Republican, and three, inde- pendent. Eight of the total number were dailies. Of the Republican papers, five were edited by carpetbaggers. The growth of religious organizations was normal except for the increase due to the establishment of negro churches of the various denominations in almost every community. By 1870, the separation of the races in religious affairs was as complete as it was in things political. In daily life and in business alike, uncertainty was the ' Sentinel, June 3, 1871. 426 RECONSTRUCTION IN NORTH CAROLINA chief characteristic of the attitude of the people. No one knew what to expect of the future and it became increas- ingly difficult to plan for it. Conditions grew steadily- worse and, when partial political redemption came in 1870, there were not a few who believed that economic salvation was impossible. The overwhelming debt threw a gloom upon business and injured personal credit as well as that of the State. Thousands went North or West to begin life again and their number would have been greatly increased had means to go been more easily obtained. It was a gloomy population that inhabited North Carolina, and, viewed from any standpoint, the economic outlook for the future was dark. CHAPTER ELEVEN Railroad Legislation and the Frauds The policy of internal improvement by state aid had been begun by North Carolina many years before the war. Practically all the bonded debt had been incurred in aiding in the construction of railways and other channels of com- munication. Much had been accomplished for the benefit of the State by the roads thus built and there were many who honestly believed that further steps in the same direc- tion would result in the increased prosperity of all the peo- ple, as a result of which, in 1866, and 1867, in spite of the economic and financial depression in the State, the public debt was increased by $3,015,000 in aid of railways. The experience of the war had proved very conclusively the need of improved transportation facilities, and those who advocated state aid therefore looked to the new govern- ment to continue it. Unfortunately, a gang of plunderers fixed upon the same policy as the one best adapted to their plan of looting the State, and for a time they used honest men who were without suspicion of their sinister designs, not only as tools to accomplish their evil purpose, but also to shield the character of their operations from public ob- servation. Practically all of the new railroad legislation was enacted by the convention of 1868 and the legislature at its special session of 1868 and its regular session of 1868-1869. On January i, 1868, the public debt of the State was as follows : <27 428 RECONSTRUCTION IN NORTH CAROLINA Contracted prior to May 20, 1861 $8,510,000 Contracted between 1865 and 1868 5,214,900 Total $13,724,900 On this debt was due interest amounting to nearly $2,- 000,000. In addition, the State during the war had issued bonds to the amount of $1,128,000, under the authority of acts passed before the war in aid of internal improvements. On this there was about $150,000 due in interest. This was not recognized by the convention of 1865 though not spe- cifically repudiated. On January i, 1868, the bonds of the State were selling at 70. On July i, they had risen to 75 but fell again almost immediately and fluctuated until October when they fell to 65. In December the old bonds were 62J/2 and the new, 59y2. The work of increasing the debt was begi.m by the con- vention which was attended by a quiet but influential lobby. Bonds of the Wilmington, Charlotte, and Rutherford Rail- road to the amount of one million were endorsed,^ in spite of considerable opposition. A little later, the Northwestern North Carolina Railroad, planned to extend from Greens- boro and Lexington to Salem and thence to some point on the northwestern boundary of the State, was chartered and authority given the state treasurer to loan the company fifty thousand dollars for every section of five miles between Greensboro and Salem, as soon as the grading should be completed, the loan to be secured by a mortgage on the entire road." The next move was the passage of an or- dinance directing an exchange of state bonds to the amount of $1,200,000 for an equal number of the bonds of the Chatham Railroad,^ and the same day a loan of $150,000 ^Ordinances, chap. iii. 'Ordinances, chap. xvii. ' Ordinances , chap. xix. RAILROAD LEGISLATION AND THE FRAUDS 429 in bonds to the Williamston and Tarboro Railroad, secured b}^ a mortgage upon the road, was authorized.' By a later ordinance, the Western Railroad was directed to return the bonds of the Wilmington, Charlotte, and Rutherford Rail- road to the amount of half a million dollars which sum had been paid to it by the State, and receive in return the same amount of state bonds." Still later the first legislature was directed to fund the interest on the valid debt of the State in bonds and to provide for paying in cash the interest fall- ing due on January i, 1869, and thereafter.^ In addition to this assistance to the railroads, the convention gave to the Chatham Railroad all the State's interest in the Cape Fear and Deep River Navigation Company between Gulf Dam on the Deep and Northing Dam on the Cape Fear.* Practi- cally all of this legislation was accomplished by the use of money, and accusations to this efifect were made on the floor of the convention.'' By the terms of the constitution, until the bonds of the State should reach par, the legislature was forbidden to con- tract an}^ new debt except to supply a casual deficit or to suppress invasion or insurrection, unless in the same bill it should levy a special tax to pay the interest. It was also forbidden to give or lend the credit of the State to any per- son, association, or corporation, except for the completion of such railroads as were unfinished at the time of the adop- tion of the constitution, or in which the State had a direct pecuniary interest, unless the subject was first submitted to a vote of the people and ratified by them.* ' Ordinances, chap. xx. ' Ordinances, chap. xxx. ''Ordinances, chap. xHv. ''Ordinances, chap, xxxiv. "Shipp Fraud Commission Report, p. 527. Hereafter, this will be referred to by the name of the chairman alone. ' Constitution, art. v, sec. 5. 430 RECONSTRUCTION IN NORTH CAROLINA When the legislature met in special session in July, li the work begun by the convention was continued, for there was small thought of constitutional restrictions, and by this time a well-organized lobby was crying loudly for the prosperity which could only come through the building of railroads and the issue of state bonds for the purpose. At the head of the lobby was General M. S. Littlefield with an able body of allies, chief of whom were John T. Deweese and George W. Swepson, the latter being the paymaster of the " Ring." Beginning at this session, he allowed mem- bers of the legislature to cash their per diem at the Raleigh National Bank, of which he was a director, without charg- ing them any discount. The " third house " aided greatly in the work of the lobby, and Littlefield's readiness to make loans to needy statesmen with no expectation of their being repaid, made him the idol of the carpet-baggers and cor- rvipt scalawags, while his Radicalism commended him to Republicans who were not tainted with dishonesty. His charm of manner and bonhomie made his company accept- able to many Conservatives who at first did not question his motives or character. In the legislature, Byron Laflin was the chief member of the Ring, and as chairman of the committee on internal improvement, was able to render great service to the cause. The Ring not only put through its own schemes, but in a short time undertook to market bond legislation at the rate of ten per cent of the bonds re- ceived. Only through its aid could such legislation be se- cured and it was thus able to make its own terms. During the period the following sums were paid by Swepson to members of the legislature and other persons in public position : RAILROAD LEGISLATION AND THE FRAUDS 431 A. W. Tourgee $3,702.55 Joseph W . Holden gso.oo John T. Deweese 16,000.00 John T. Deweese and R. J. Wynne 200.00 John A. Hyman 2,100.00 Byron Laflin 785.00 James H. Harris 7,500.00 Andrew Jackson Jones 10, coo. 00 James Sinclair 3,500.00 George Z. French 500.00 G. Z. French and L. G. Esles 20,913.74 J.H.Davis i,oco.oo Henry Eppes 95.00 Hugh Downing 4,000.00 L. G. Estes 13,000.00 Joseph C. Abbott 20,000.00 T. Foster 25,000.00 G. P. Peck 4,500.00 Total $133,746.29 Swepson also paid Littlefield in cash $66,i'03.46, most of which was used for the corruption fund.^ Four of the items are known. A. W. Stevens received $1,200, J. W. Stephens, $100, J. T. Harris, $75, and J. H. Harris, $100.'' How much more was paid is not known. The expenses of the bar in the Capitol were met by a note of Littlefield's which he later refused to pay. Very little was done by the legislature at the special ses- sion because of the approaching national election which carried with it the possibility of the complete overthrow of Reconstruction. There was a disposition on the part of the plunderers to avoid offending public sentiment as much as possible and to wait until the regular session, which would begin after the election was past. But quietly the treasurer was authorized to issue to the Chatham Railroad, in exchange for bonds of the company, state bonds to the ' Shipp, pp. 316-17. 'Shipp, p. S15. A02 RECONSTRUCTION IN NORTH CAROLINA amount of two million dollars/ Against the passage of this bill, twelve senators, including a number of Repub- licans, protested, on the ground that with this issue the State became responsible for $3,200,000 for a road not more than one hundred and fifty miles long, which could not possibly confer a corresponding advantage upon the State. In ad- dition, they argued that the act was unconstitutional since no special tax was levied to pay the interest, and because the question was not submitted to the people. In the House, strong opposition developed, led by E. W. Pou, a Repub- lican member, who throughout the term of the legislature was the inveterate foe of all dishonesty and corruption. A similar act was passed authorizing the Williamston and Tarboro Railroad to receive bonds to the amount of three hundred thousand dollars.^ The Western North Carolina Railroad was divided into two parts, the eastern division from Salisbury to the French Broad River, and the western from there to the Tennessee line. Its authorized capital stock was increased to twelve million dollars, the State being pledged to subscribe for two-thirds of it.' The charter of the Northwestern North Carolina Railroad was amended so that the State became responsible for ten thou- sand dollars per mile of the road from Salem to Mount Airy as soon as it was graded, and one hundred thousand dollars additional stock was subscribed.* Finally, in obe- dience to the instructions of the convention, an act to fund the interest due on the state debt was passed.^ These appropriations were not made without much pro- test and criticism. Conservative members of the legislature on the floor of the two houses gave warning that the bonds ^ Private Laws , 1868, chap. xiv. '^ Ibid., chap. xv. '^ Ibid., chap. xxiv. '■Ibid., chap, xxviii. ''Laws, 1868, chap, xxxii. RAILROAD LEGISLATION AND THE FRAUDS 433 were invalid and would not be paid. The Sentinel, while favoring several of the appropriations, in and out of season implored greater care in passing such laws, and even the conservative Charlotte Democrat said : ^ The impression prevails among the people that a considerable amount of the appropriations are going unfairly into the pockets of a set of speculators and sharpers whose influence induces the Legislature to make them ; thereforCj no one need be sur- prised if a disposition to favor repudiation is engendered by extravagance and burdensome taxation. The time may come when the people of this State will not be willing to be taxed to pay $100 in gold to the man who holds a bond that cost him only $50 or $70 in paper money, or that cost him nothing at all, except a little scheming about Raleigh and the Halls of Legislation. These objections all had their effect, and in the autumn the rumor spread that the interest on the bonds due in Janu- ary would not be paid. In September, Governor Holden sent out a public letter stating that all the interest would be paid on time. This was done for the October interest by the sale of the State's dividend from the North Carolina Railroad, which was paid in bonds of the road to the amount of $180,000. These were sold to G. W. Swepson and A. J. Jones at a price far below par, and were soon after sold at a large advance by them. Swepson knew some time before the public that the interest was to be paid and specu- lated in state bonds, clearing a large sum. Of this he paid Treasurer Jenkins six hundred dollars.^ In the meantime, the Chatham Railroad and the Wil- liamston and Tarboro Railroad had received their bonds. Both roads gave mortgages which, under the existing ' Quoted in Sentinel, Aug. 26, 1868. ' Shipp, p. 354- 434 RECONSTRUCTION IN NORTH CAROLINA United States internal revenue laws, required stamps to the amount of one-tenth of one per cent. The attorney gen- eral decided that no stamps were needed, and the treasurer issued the bonds, although the act required that the mort- gages should first be registered with the secretary of state who, for his part, declined to register them for the lack of stamps. The most remarkable feature of the whole case was the fact that the Chatham mortgage included lands un- described, which were not at the time in the possession of the company. Of the Chatham bonds, 1,502 were sold at prices ranging from 54 to 63, including one hundred sold to Littlefield, for his draft at sixty days without endorsement, at 60 when the market price was 65, for his services in getting the bill passed.^ Forty-eight were hypothecated by J. F. Pickrell, of New York, for iron, leaving 1,650 in the hands of the company. The total amount received was $906,196.74, and over $600,000 was spent upon the road. The Williamston and Tarboro Railroad sold thirty-eight of its bonds for twenty-five thousand dollars and held the rest. About this time, the question of the validity of the bonds was raised, and the New York Stock Board excluded the new state bonds from the Exchange. This was the situation when the legislature met in No- vember, free from any fear of interference. What was going to be done was well recognized, and John Pool wrote Governor Holden a most caustic letter, in which he said the reputation of the State was already greatly injured by the frauds known to have been committed which were al- ready notorious, and urged him to use his influence to pre- vent any repetition of them. The Ring was better organ- ized than ever, and a flood of railroad bills was introduced ' Bragg Fraud Commission Report, p. 127. This report will here- after be referred to by the name of the chairman. RAILROAD LEGISLATION AND THE FRAUDS 435 within a few weeks authorizing an increase of about twenty million dollars in the debt. This was accompanied by much protest, but so thor- oughly organized were the forces of plunder that they were able to command at all times a majority in each house. Outside the legislature, however, there was much feeling, intensified by the rumors that had been current regarding the methods by which the legislation of the previous session had been secured, and the continuance of those methods in the existing session. Consequently, late in December an act was passed, which, after reciting that doubts existed as to the validity of the bonds issued for certain railroads, re- enacted the acts of the preceding session in relation to the Williamston and Tarboro and Western North Carolina railroads, and after providing that upon the surrender of the bonds already received, the treasurer should issue new ones to the same amount, levied a special tax of one-thir- tieth of one per cent to pay the interest on the bonds of the former and one-twentieth of one per cent for the interest on those of the latter. To the Chatham Railroad, which was permitted to extend its line, the treasurer was directed to issue bonds to the amount of two million dollars upon the surrender of a like amount of those already received, and a special tax of one-twentieth of one per cent was levied toi pay the interest.^ For this act, Swepson paid Littlefield, acting for the Ring, personally or on his order as men- tioned above, more than $240,000 in cash and a large num- ber of bonds.'' Seven members of the House, representing both parties, entered a protest against the passage of the act, on the ground that it was unconstitutional in several respects and did not properly safeguard the interests of the State." ' Lazvs, 1868-1869, chap. vii. ' Shipp, p. 203. * Sentinel, Dec. 21, 1869. 436 RECONSTRUCTION IN NORTH CAROLINA On December 29, A. J. Galloway, of Wayne, as a tax- payer, applied to Judge Watts for an injunction to restrain the treasurer from issuing the bonds to the Chatham Rail- road, on the ground that the act authorizing them was un- constitutional. The injunction was granted and the case heard on January 4, when the injunction was dissolved and the case carried to the Supreme Court on appeal, where the contention of the plaintiff was sustained and the act declared unconstitutional because it had not been submitted to the people, and the bonds therefore void.^ The unsold bonds of the Williamston and Tarboro Rail- road, two hundred and sixty-two in number, were ex- changed for new ones, which were then sold for $135,- 948.47 which was expended upon the road. Under the same act, four million dollars in bonds was issued to the western division of the Western North Caro- lina Railroad and a little later the charter of the road was amended so as to allow the capital stock of the western division to be increased to ten million dollars and that of the eastern division to six and one-half millions, the State being still pledged to take two-thirds of the stock as soon as five per cent of the rest was paid in. Of the amount appropriated to the eastern division, eighty thousand dol- lars was to be spent in the construction of a branch line to some lime beds in Catawba County, said to be owned in part by Dr. J. J. Mott, the president of the road. An in- junction was at once obtained against the use of the bonds under the latter clause. The former acts in relation to the road were declared valid and the special tax was increased to one-eighth of one per cent." Under the authority of these acts, bonds were issued to G. W. Swepson for the ' Galloway v. Jenkins, 64 N. C, 147. ' Laws. 1868-1869, chap. xx. RAILROAD LEGISLATION AND THE FRAUDS 437 western division to the amount of $6,367,000 and to Dr. Mott for the eastern division to the amount of $613,000. The western division held a meeting of the stockholders at Morganton for the purpose of raising the additional stock required by the first act, and only about three hundred thousand dollars was subscribed. Thereupon, Littlefield, Swepson, R. M. Henry, who was known to be insolvent, and S. McD. Tate, a former president of the road, made up the rest. Littlefield took a large part of it, and also took the contract for building the whole road, a step necessary to securing the bonds. Later, in a similar way, the second subscription of stock was made by taking Littlefield's check for five per cent of $1,100,000, although he had never paid his first subscription. The law required the president of the road to certify to the governor that the stock had been sub- scribed and the required amount paid in, but so far as can be discovered Swepson never certified for the second sub- scription. Nevertheless, Governor Holden ordered the bonds issued to him. The bonds received by Swepson were then used in var- ious ways. Ninety were lent to Hooper, Harris and Com- pany of New York; twenty to the North Carolina Home Insurance Company; some were deposited as margins for Laflin, Martindale, W. A. Moore, and Judge Rodman, who were all speculating in state bonds ; ^ and a large number were sold to pay for obtaining control of the Florida Cen- tral and Jacksonville, Pensacola, and Mobile railroads, upon which he and Littlefield had designs." Both became promi- nent in that State to its great injury. General J. C. Abbott and General Thomr.s L. Clingman were their agents in part ' These speculations proved disastrous for Swepson, who lost on ac- count of Laflin, $76,000, Martindale, $26,000, and Moore, $28,000. '' An account of their work in Florida is to be found in Wallace, Carpetbag Rule in Florida. 438 RECONSTRUCTION IN NORTH CAROLINA of the work there. The sum of $1,287,036.03 was spent in this way.^ In the process, 6,263 of the bonds were disposed of. In his account, Swepson was unable to locate 1,278 bonds, but later said that they had been disposed of as the others. The highest price received was 62^ and the lowest 43, the average being 53%. The number sold was 3,132 and 1,924 were hypothecated. Soutter and Company, of New York, the financial agents of the State, handled most of them. Very little was spent upon the road. Both Swep- son and Littlefield, who succeeded him in 1869 as presi- dent, intended to build the road by bonding it, and it is likely that they had in mind the plan of securing the bonds and getting possession of the road. Littlefield was made state proxy by Governor Holden, who regarded the state interest in the railroads only as a political asset of the Republican party, and used it as such. The governor was directly re- sponsible for the election of both of them and indirectly for the choice of William Sloan and Andrew J. Jones for the Wilmington, Charlotte, and Rutherford and Western railroads. Through the state vote, a bonded indebtedness of $1,400,000 was incurred with the provision that, when- ever the interest was not paid on time, the mortgage might be foreclosed. The road was scarcely paying running ex- penses and the annual interest upon the bonds was $1 12,000. The bonds were hypothecated for $240,000, on which the interest was seventeen per cent, and were later sold at an average of 25^. Sibley and Clews sued in the United States Circuit Court in 1872, and in November the mort- gage was foreclosed. Of the six hundred and thirteen bonds received by the eastern division, one hundred and seventy were sold, ninety- three hypothecated with Henry Clews and Company, and ' Shipp, p. 290. RAILROAD LEGISLATION AND THE FRAUDS 439 fifty hypothecated with Soutter and Company. The high- est price received was 45^ and some sold as low as 23. The amount received from sales and hypothecation was $166,580, all of which was spent upon the road. By the next act, the capital stock of the Wilmington, Charlotte, and Rutherford was increased to seven million dollars, and the treasurer was given authority to make a subscription for the State of four millions in bonds, a tax of one-eighth of one per cent being levied to pay the inter- est.^ L. G. Estes paid Deweese $2,500 to be divided be- tween Laflin and himself for the former's vote and influ- ence in behalf of this bill. The amount was repaid to Estes by Soutter and Company whose agent he probably was. It was proposed to divide the road and give the western divi- sion alone six million dollars, but the plan was defeated. R. H. Cowan was president of the road, but it was arranged that he should be forced out and William Sloan put in his place, and this was soon accomplished. Before that time, however, Cowan received 1,000 bonds, of which 970 were sold for $436,988.84 and 30 deposited with Soutter and Company to be held for the road. All the money received was spent in paying the various expenses of the road. The thirty bonds mentioned were later paid by Soutter and Company to D. G. Fowle, E. G. Haywood, and Samuel Person, the lawyers who were engaged for the rehearing of the University Railroad case presently to be described.^ Dr. Sloan became president in July, 1869, and received 2,000 bonds. Of these, 1,700 were hypothecated with J. F. Pick- rell and 300 deposited with him. The loan made by Pickrell was $391,026.62, and in ten months, by means of commis- sions and interest, it was made to grow to $481,100.65.* ^ Laws, 1868-1869, chap, xxvii. ' Shipp, p. 402. '^ Ibid., Shipp, p. 18. 440 RECONSTRUCTION IN NORTH CAROLINA About this time, Sloan sold Pickrell a half interest in an unworked and undeveloped sulphur mine for $25,000. The bonds were sold at 173/2 and from the amount received there was a deduction of seven and three-fourths per cent of the face value for commissions. Sloan also hypothecated company bonds to the amount of $600,000 with Pickrell for a loan of $272,000. They were sold at 46^ and practically none of the money received was spent upon the road. Another act incorporated the University Railroad Company, authorized three hundred thousand dollars in construction bonds, and levied a tax of one-one-hundredth of one per cent to pay the interest.^ The directors of the road were to be appointed by the governor and were instructed to organize at once. The appointments were promptly made ^ and Henry C. Thompson, of Orange, was elected president. In the meantime Governor Holden had consulted the at- torney-general, who pronounced the act unconstitutional.* The directors at once applied for a mandamus against the governor and treasurer to force the issue of the bonds. This was refused and the case carried to the Supreme Court on appeal. It was argued there, and, while the entire court concurred in declaring the act unconstitutional, there was division among the judges as to how far the decision extended. Chief Justice Pearson thought all the special tax bonds unconstitutional, and, at the request of his col- leagues, prepared an opinion as a basis of discussion. He read the opinion to William Johnston, president of the At- lantic, Tennessee, and Ohio Railroad, a former law pupil of his, who told Swepson of it and also mentioned the matter to K. P. Battle. Battle telegraphed the informa- ^ Laws, 1868-1869, chap. xxii. 'The directors were J. W. Holden, T. M. Argo, H. C. Thompson, Solomon Pool, and E. A. Wood. ''Executive Correspondence, Holden, i, p. 139. RAILROAD LEGISLATION AND THE FRAUDS 441 tion to his friend T. H. Porter, a member of the firm of Soutter and Company, who had asked that he be kept ad- vised of the status of the case. Most of the judges seem to have discussed the matter rather freely/ The news spread in New York, and Judge Person, the attorney of the Wih-nington, Charlotte, and Rutherford Railroad, who was in New York, telegraphed a request for a rehearing which was granted by the court. With him, as counsel for the roads which had received special tax bonds, were asso- ciated D. G. Fowle and E. G. Haywood. The expenses of the rehearing as charged by Soutter and Company were di- vided between the western division of the Western North Carolina Railroad and the Wilmington, Charlotte, and Rutherford Railroad, the former paying sixty bonds and $21,250 in cash, and the latter thirty bonds and $8,259 in cash. Of this, seventy-five bonds and $20,500 in cash were paid to the counsel. What became of the rest is not known. Dr. J. J. Mott and A. J. Jones agreed for their roads to pay a proper proportion, but never did so. The decision of the court, handed down on July 21, declared the act unconstitutional because there was no grantee, no power was given the legislature to contract the debt, and the tax was not in a proper proportion. Judge Pearson's opinion was strongly against the validity of the special tax bonds. Many accusations were made against the Supreme Court at the time, but there is no evidence to show improper con- duct on the part of any particular member of it. Swepson, on one occasion, tapped his pocket and said that he had there another decision which had been prepared by the court and that it had cost him a large sum of money to ' Shipp, pp. 460 et seq. 'University R. R. Co., v. Holden, 63 N. C, 410. 442 RECONSTRUCTION IN NORTH CAROLINA prevent its being rendered, but his word carries little weight/ The following telegram, sent him two days before the case was first argued, casts an unpleasant light upon the general situation of affairs : Raleigh, N. C, June 24, 1869. George W. Swepson, Baltimore, Md. The case will be tried, but the opinion of the Court re- served until your return ; this is all I can effect. W. W. HOLDEN.^ A few days after the passage of the University Railroad act, the charter of the Western Railroad was amended and the state treasurer was directed to exchange five hun- dred thousand dollars in bonds for an equal amount of stock in the road, to issue an equal amount in exchange for the bonds of the Wilmington, Charlotte, and Rutherford R.ailroad, which had been paid to the former road by the State, and, for the purpose of extending the road to Wilkes County, to make an additional stock subscription of five hundred thousand dollars, making a total authorized issue of $1,500,000. To pay the interest, two special taxes were levied, one of one-eightieth of one per cent and one of one- fourth of one per cent. The act provided for the retention by the treasurer of one hundred and eighty of the bonds as security for the payment by the road, during the first two years, of ninety thousand dollars for interest, both of which sums were to be repaid at the expiration of that time.^ Under the provisions of this act, A. J. Jones, the president of the road, received 1,320 bonds. Fifty-five of ' Shipp, p. 307. ' An autograph copy of this telegram is in the Holden papers in the Executive Correspondence at Raleigh. ^ Laws, 1868-1869, chap, xxviii. RAILROAD LEGISLATION AND THE FRAUDS 443 these were sold by New York brokers for $24,255, and, from that amount, seven and five-eighths of one per cent of the face value of the bonds was charged as commissions, so that the company only received $20,893.13. The rest of the bonds were deposited with certain brokers in New York, by whom, under instructions from Jones, part were hypothecated in an attempt to raise money to buy bonds on margin to bull the market. A pool was formed for this purpose by Swepson, Littlefield, Sloan, Jones, and a number of bondholders, including T. P. Branch, a Rich- mond broker. S. McD. Tate, T. W. Dewey, and R. Y. McAden. Treasurer Jenkins and Governor Holden were present in New York when it was formed and were fre- quently consulted by the members. At the same time it was decided by the railroad presidents that Henry Clews and Company should succeed Soutter and Company as the financial agents of the State. To this, Governor Holden consented and the change was made. Soutter and Com- pany had been paid a thousand dollars a year as compensa- tion for their services.^ The interest on the debt due in January and April, 1869, had not been paid and the bondholders began to complain loudly. Governor Holden was overwhelmed with corres- pondence from the North, where practically all the bonds were held, demanding payment, and it was clear that there was no chance for the bonds to rise in price unless some- thing was done to satisfy the holders of those already sold. Swepson and Jones now agreed to advance the money to pay the interest on the special tax bonds, and Jenkins ad- vertised that the April and October interest would be paid,^ and Governor Holden wrote an open letter to Clews and Company in which he said that the State would pay all its ' Shipp, p. 552. '/did. 444 RECONSTRUCTION IN NORTH CAROLINA debts, especially the special tax bonds/ The railroad stock owned by the board of education was now sold at a very low rate, and the proceeds, $150,000, along with the money received from the land scrip, $125,000, were invested in special tax bonds. The bonds rose slightly. Black Friday came, and the pool was broken with a loss of between three and four hundred thousand dollars. According to the agreement, $280,000 of this was to be borne by Swepson, Sloan, Jones, and Littlefield, in addition to their share of the rest. Jones paid his share, Swepson paid for himself and Littlefield, and Sloan declined to pay anything at all. Jones never accounted to his road for the bonds, but it was known that a large number were sold at a very low rate, the money going no one knows where, and a large number were gambled away by Jones in New York. On one oc- casion, he sat in a gambling room there, with a pile of bonds on a chair beside him, which he cashed in for chips, one by one, losing in a very short time sixty of them.^ This method of disposition was prolonged for several weeks with results that can readily be conjectured. Some of the bonds fell into the hands of the notorious Josie Mansfield, and the rumor was general that they circulated largely among the demi-monde. Four other railroad acts were passed on the same day as that for the Western road. The first provided that, when- ever fifty thousand dollars should be subscribed to the stock of the Oxford Branch of the Raleigh and Gaston Rail- road, the treasurer should subscribe to a further amount of two million dollars, payment to be made in bonds with the usual amount retained as security for the payment of interest. To pay the interest, a special tax of one-twen- ' Sentinel, Nov. 2, 1869. ' Statement of a bystander to the author. RAILROAD LEGISLATION AND THE FRAUDS 445 tieth of one per cent was levied/ No bonds were ever issued under this act, which was clearly unconstitutional. The second act authorized the extension of the Williamston and Tarboro Railroad to Plymouth, Washington, and Wil- mington, and from Edenton to Suffolk, Virginia, and pro- vided that when two hundred thousand dollars additional stock should be subscribed, the State should subscribe to the amount of $2,7oo,'00o. A special tax of one-sixteenth of one per cent was levied to pay the interest.^ The usual amount was to be retained to pay interest. No bonds were issued under this act. The next road to benefit was the Atlantic, Tennessee, and Ohio Railroad, the charter of which was amended so that it was aided to the extent of two million dollars in ex- change for bonds of the company to the same amount. A special tax of one-twentieth of one per cent was levied for interest.' Sloan and Laflin both opposed the bill and were paid $20,000 apiece to withdraw their opposition to it and consent to its passage. In June, John T. Deweese, after being refused by several lawyers to whom he had applied, employed E. G. Haywood to secure an injunction forbid- ding the treasurer to issue the bonds authorized by the act. As Deweese was not a taxpayer, he secured Robert C. Kehoe as the nominal plaintiff, though the latter had no interest in the matter, Deweese and probably W. F. Askew and Littlefield being the real parties in the matter. Appli- cation for an injunction was then made to Judge Watts, who declined to grant it without giving the matter further consideration, but the next day issued the injunction. De- weese said five thousand dollars was paid Watts to induce him to grant it and there is abundant evidence, including ^ Laws, 1868-1869, chap. xxix. ''Ibid., 1868-1869, chap. xxx. '^ Ibid., 1868-1869, chap. xxxi. 446 RECONSTRUCTION IN NORTH CAROLINA that of Watts himself, to show that he received from De- vveese five bonds of this issue. The judge maintained that it was simply a personal loan from Deweese. The whole purpose of the suit was to force the company to compro- mise by delivering a part of the bonds to the Ring. Wil- liam Johnson had promised Littlefield the usual ten per cent for the passage of the bill, but the latter fled the State to avoid appearing before the Sweet investigating com- mittee, and no bonds were paid him.^ Deweese had al- ready threatened to bring suit if he was not paid five thou- sand dollars.^ The officers of the company saw through the thing and R. Y. McAden, who was financial agent of the road, employed Littlefield to secure the compromise. The latter, acting through Tim Lee, the carpet-bag sheriff of Wake, secured this for seventy-seven bonds and charged for his own services eighty-six, ten of which he gave to Lee and the rest sold in New York.^ Of the seventy-seven received by Deweese, five were given to Judge Watts,* four to Kehoe, ten to Askew, and sixteen to Fowle and Badger, who assisted Haywood as counsel for Deweese. Deweese and Haywood seem to have divided the rest.^ Fowle and Badger became convinced, after the compromise, that the whole suit had been instituted for the purpose of blackmail, and returned the bonds they received to the company." The company received from the treasurer 1,760 bonds of which one hundred and sixty-three, as mentioned, were paid to Littlefield. The others were then deposited in New York with Clews and Company and Soutter and Company to secure the money advanced to the State to pay interest. They were later released and, the price of North Carolina ' Shipp, pp. 208-09. 'Bragg, p. 151. 'Hid., p. 178. * Ibid., p. 162; Shipp, p. 464. ''Ibid., p. 466. ^Ibid., p. 158. RAILROAD LEGISLATION AND THE FRAUDS 447 bonds being now below 30, were never sold and were later returned to the State. The last of the acts passed on the fatal third of Febru- ary was in aid of the Northwestern Railroad to which the treasurer was directed to loan bonds to the amount of $20,000 per mile for each division of the road as soon as five per cent of a stock subscription of $150,000 for one and $100,000 for the other should be paid in and a mort- gage of the entire road delivered to the State. A tax of one-twentieth of one per cent was levied to pay interest and three hundred and sixty bonds were ordered retained as security for the payment of $180,000, as in the case of the other roads. ^ Edward Belo, the president of the road, received 1,080 bonds and, considering the market price too low, made no attempt to sell them and later returned them to the State." Two other railroad acts were passed during the session. One chartered the Eastern and Western Railroad, the di- rectors to be appointed by the governor, authorized the construction of the road through the counties of Granville, Person, Caswell, Rockingham, Stokes, and Surry, appro- priated two million dollars in bonds to pay for it, and levied a tax of one-twentieth of one per cent to pay the in- terest.^ The other chartered the Edenton and Suffolk Rail- road, the directors to be appointed by the governor, au- thorized the issue of eight hundred and fifty thousand dol- lars in bonds to pay for it, and levied a special tax of one- fortieth of one per cent to pay interest.* Both these acts were clearly unconstitutional and were so pronounced by the attorney general to whom the governor referred them ^Laws, 1868-1869, chap, xxxii. 'Bragg, pp. 122-23. *Laws, 1868-1869, chap. xcii. *Ibid., i868-i86g, chap, cxxxviii. 448 RECONSTRUCTION IN NORTH CAROLINA before he appointed directors/ Consequently no organiza- tion was ever made and, of course, no bonds were issued under them. These acts ended the work of the Ring in securing legis- lation. By this time the whole State knew what was being done and the people were greatly roused. By the end of the summer of 1869, talk of repudiation was general and when the legislature met in the autumn no further legis- lation was possible and, as has already been seen, the presi- dents of the various roads were directed to return all un- sold bonds to the treasurer and to account for the rest. A little later all the acts in aid of railroads were repealed. The following tables give the available information in a condensed form : Road. Amount authorized. Issued. Returned. Chatham $3,200,000 $3,200,000 $1,650,000 Western N. C, W. D. 6,387,000 6,367,000 None. Western N. C, E. D. 613,000 613,000 None. Williamston & Tarboro 300,000 300,000 None. W. & T. (Branch line) . 2,700,000 None. None. University 300,000 None. None. Northwestern. 2,000,000 1,080,000 1,080,000 Western 1,500,000 1,320,000 None. Atlantic, Tennessee, & Ohio- • 2,000,000 1,760,000 1,615,000 Wilmington, Charlotte, & Rutherford 4,000,000 3,000,000 None. Oxford Branch 2,000,000 None. None. Eastern & Western 2,000,000 None. None. Edenton & Suffolk 850,000 None. None. Total $27,850,000 $17,640,000 $4,345,000 'Executive Correspondence, Holden, i, pp. 133, 139. RAILROAD LEGISLATION AND THE FRAUDS 445 Special tax Tax on Road. levied. $100. Bonds left outstanding, Chatham ^\ oi 1% .05 $1,550,000 Western North Carolina, both divisions ^ of 1% .125 6,980,000 W. & T. ^V of 1% .0333 300,000 W. & T. (Branch line) •• j\ of i % .0625 None. Univ. j^-^oiife .01 None. Northwestern ^^ of 1% .05 None. Western -j-^^ of i % .0375 1,320,000 A. T. & O. ,Vofifo .OS 163,000 W. C. & R. I ofi% .125 3,000,000 Oxford -^-g of 1% .05 None. E. & W. is oil % .05 None. E. & S. jijy of 15^ .025 None. Total 1+ of I fo or .6683 $13,313,000 Table. Prices of State Bonds in 1869. Highest. Lowest, Old. New. Old. January 66 73 62 February 64X 61 >^ 62 March 64 $9^ 60^/i April 63^ s6yi 60X May 63X 56X 57 June 60^ S6^ S8 July $9^/2 S3 SoX August 58>^ 56 49/4 September ... 56^ 48 50>^ October S2>^ 40^ 47 November ... 48 38^^ 40 December 43^ 33/4 4iX 1870. January 43 29 40 February 48 26'/^ 40>^ March A7X ^iVs 45 April 47 22?4 a(>% May Not listed. Not listed. New. 5954 S8>^ 56>^ 53 54X SO'A 44>i 49 46 29 28X 24 >^ 23 22^ 21 450 RECONSTRUCTION IN NORTH CAROLINA From the dishonest officials, Httle was ever recovered. Littlefield, after leaving the State, went to Florida, where, resting- under the protection of the various governors of that State, he defied requisition papers. All refused to sur- render him upon the demands of Governor Caldwell who never rested in his efforts to capture him.^ Once Littlefield had to surrender to the sheriff of Leon County on a charge of bribery to avoid being sent to North Carolina, and, on another occasion, Governor Caldwell sent a member of the legislature to abduct him if necessary, and he was al- most captured. The legislature offered a reward of five thousand dollars for him and two attempts were made by Floridians to win it. In both, Littlefield succeeded in escap- ing. With Swepson, he was indicted in Buncombe County in 1870, and requisitions were made upon the governors of New York and New Jersey for them." Swepson was ar- rested in Raleigh in 1871 upon a bench warrant issued by Chief Justice Pearson upon the governor's affidavit, and held to appear at Buncombe court, but was never punished. He and Littlefield, the latter being in London, at different times made partial settlements with the Western North Carolina Railroad represented by N. W. Woodfin, but the road received only a very small part of what was due it. Swepson's account with the State, skilfully handled by his lawyers, Merrimon and Ransom, steadily grew less, until it seemed wise to accept and make an immediate settlement. William Sloan and John F. Pickrell were indicted in New Hanover for a conspiracy to defraud the Wilmington, Charlotte, and Rutherford Railroad, and the former was criminally indicted for not accounting. He was found guilty in the latter case, but the Supreme Court reversed '^Executive Correspondence, Caldwell, pp. 34-35, 146. ''■Ibid., p. 30. RAILROAD LEGISLATION AND THE FRAUDS 451 the decision on a technicality, and he escaped/ A. J. Jones was convicted of not accounting and appealed to the Su- preme Court, which, as in the Sloan case, reversed the de- cision.^ He was also criminally indicted in Moore County, convicted, and sentenced to ten years in the penitentiary. He appealed in this case and died before the case was heard. A number of attempts were made to force the payment of the interest upon the special tax bonds. L. P. Bayne and Company sued for a mandamus against Jenkins to compel him to pay the interest which the legislatiu'e had forbidden, but the Supreme Court on appeal dismissed the case. Later, another case was brought in the federal courts with the same result. No attempt was made to pay interest and the matter rested for several years. The holders of the bonds, issued before the war, to aid in the construction of the North Carolina Railroad, by suit in the federal court secured the sequestration of the stock of the road held by the State, and thus obtained payment and se- curity for the principal. For the rest, the State, having received little or no benefit from the railroads, was left with the burden of the bonds dishonestly issued and cor- ruptly spent, a debt which was in addition invalid, without reference to the methods employed to create it, because of the fatal defect in the election of the body by which it was contracted. ' State V. Sloan, 67 N. C, 357- ' State v. Jones, 67 N. C, 211. CHAPTER TWELVE The Ku Klux Movement i. purposes The Ku Klux movement, which appeared in ahnost every Southern State during the decade following the war, grew naturally out of the chaos in society which was caused by the ordinary results of the war and, more especially, by Reconstruction. The old order with its security and sta- bility had disappeared and the people of the South were confronted with problems which required immediate solu- tion. Not the least pressing and important of these was that of the relation of the races, with its important bearing upon the labor question. The first attempt towards a settle- ment of this furnished one of the chief pretexts of the radicals in entering upon their policy and the adoption of the congressional plan apparently destroyed any possibility of the control of the lower race except by force. The force of law, the power of the government, were in the hands of aliens or their tools, and conditions grew rapidly more un- settled until the statement of the committee on Recon- struction that the governments of the Southern States " af- ford no adequate protection for life or property, but coun- tenance and encourage lawlessness and crime,"- false when it was made in 1866, became entirely true. Liberty with the negroes rapidly degenerated into license and, banded together in secret leagues which to radical officers served as a valid political cloak for all offences, instigated to vio- lence by unprincipled adventurers who had been lifted into 452 THE KU KLUX MOVEMENT 453 political power by the negro vote, alienated from their former friends by slander, they unconsciously set about the destruction of civilization in the South. Crime and vio- lence of every sort ran unchecked until a large part of the South became a veritable hell through misrule which ap- proximated to anarchy. Called into existence by this state of affairs, the Ku Klux lifted the South from its slough of despond by the application of illegal force which over- threw Reconstruction and ultimately restored political power to the white race. In the process, it furnished pro- tection to the oppressed, but, degenerating from its high purpose and estate, as might have been expected from its nature and organization, it was often violent and some- times oppressive, and in the end, fell into the control of reckless spirits who- used it for private vengeance rather than public punishment. But when this evil day came, its purpose was in a fair way of accomplishment. The women of the South once more could leave their doors without the accompaniment of a deadly terror. Property became fairly safe again. Heart had been put into the despairing whites and a revolution had been wrought through its operations, or, to be more exact, the results of a revolution had been overthrown and a form of government, wickedly, illegally, and unconstitutionally imposed upon the people, had come into the hands of the class best fitted to administer govern- ment, and the supremacy of the white race and of Anglo- Saxon institutions was secure. The inherent evils of the movement are plain, but it is an old adage that desperate diseases require desperate remedies. Certain it is that no open revolt could ever have accomplished so much of good as did the secret operations of the so-called Klan, and few to-day would deny that there was necessity for some remedy for the conditions then ex- istent. The justification for the movement even then some- 454 RECONSTRUCTION IN NORTH CAROLINA times seems difficult, but wlien all the elements are consid- ered, the conclusion seems inevitable that if there be such a thing as the sacred right of revolution, then the Ku Klux movement as planned and carried out at first was justifiable. No free people ever labored under more galling oppression or more grievous misrule, and, in the absence of any ef- fective legal remedy, the principle of sains popnli would seem to apply. At any rate, it is clear that the movement was primarily designed for protection and its influence upon politics was purely incidental. The evidence is over- whelming in support of the theory that the chief purpose of the Ku Klux was to oppose the Union League and check its operations.^ The unfortunate thing is that such an ex- treme and, under ordinary circumstances, indefensible policy should have been necessary. Like practically every other evil of Reconstruction, its effects survive and are too often manifested in Southern life and thought. The re- sponsibility for it must ultimately rest upon those who planned and put into effect for partisan purposes the con- gressional plan of Reconstruction. 2. ORGANIZATION AND MEMBERSHIP In North Carolina, the Ku IClux movement was directed by three separate organizations, all of which were included under the generic term, and all of which were alike in out- ward seeming and, to a very slightly less extent, inward character. These, in the generally accepted but very doubt- ful order of establishment in the State, were The White Brotherhood, The Constitutional LTnion Guard, and The Invisible Empire. The exact, or, for that matter, approxi- mate time that they appeared cannot be ascertained. The White Brotherhood seems to have come late in 1867 or early 'A striking example of this is to be found in the testimony of H. W. Guion before the joint committee on the Ku Klux. See pp. 246-83. THE KU KLUX MOVEMENT 455 in 1868. Its origin is unknown but it seems to have had no vital connection with the original Tennessee Ku Klux. Its purpose was primarily the protection of the homes and families of its members and of all Confederate soldiers, and its entrance upon an aggressive political campaign was ii departure from its original intent so grave in its nature tliat one " camp " at least, the one at Hillsboro, disbanded Ijecause the large majority of its members were opposed to the active aggressions of some of the members who acted without the consent of the camp. The organization v/as spread very v/idely and finally became in fact, though not in name, a part of the Invisible Empire. The ritual of the White Brotherhood was not very elab- orate.^ Under its laws each person initiated had to receive the unanimous vote of the camp. The camps were under the direction of a captain and all the captains in a county v/ere responsible to the county chief. The oath which summed up the purposes of the order was as fohows: You solemnly swear in the presence of Almighty God that you will never reveal the name of the person who initiated you ; that you will never reveal what is now about to come to your knowledge ; and that you are not now a member of the Red String Order, Union League, Heroes of America, Grand Army of the Republic, or any other organization whose aim and intention is to destroy the rights of the South, or of the States, or of the people, or to elevate the negro to political equality with yourself ; and that you are opposed to such principles : So help you God. You further swear before Almighty God that you will be true to the principles of this brotherhood and the members thereof; and that you will never reveal any of the secrets, ' No copy so far as is known was ever printed, but enough of its secret work appears in the reports of the various investigations to form a definite conclusion as to its nature. 456 RECONSTRUCTION IN NORTH CAROLINA orders, acts, or edicts, and that you will never make known to any person, not a known member of this brotherhood, that you are a member yourself, or who are members ; and that you will never assist in initiating, or allow to be initiated, if you can prevent it, any one belonging to the Red String Order, Union League, Heroes of America, Grand Army of the Re- public, or any one holding radical views or opinions ; and should any member of this brotherhood, or their families, be in danger, you will inform them of their danger, and, if neces- sary, you will go to their assistance ; and that you will oppose all radicals and negroes in all of their political designs ; and that should any radical or negro impose on, abuse, or injure any member of this brotherhood, you will assist in punishing him in any manner the camp may direct. You further swear that you will obey all calls and sum- monses of the chief of your camp or brotherhood, should it be in your power so to do. Given upon this, your obligation, that you will never give the word of distress unless you are in great need of assistance ; and should you hear it given by any brother, you will go to his or their assistance ; and should any member reveal any of the secrets, acts, orders, or edicts of the brotherhood, you will assist in punishing him in any way the camp may direct or approve of : So help you God.^ The sign of recognition was to slide the hand down the lapel of the coat as if looking for a pin and the answer was the saine motion on the other side of the coat, and the sign of distress was the word, " Shiloh," or two claps of the hands. ^ There was also a grip ^ and a code. The latter was simple, being as follows: ^ Senale Report, no. i, p. xiv, 42 Cong., i sess. This will be indi- cated hereafter in this chapter by the title Senate Ku Klux Report. "^Senate Ku Klux Report, p. 265. ^ Ibid., p. 7. It was given by pressing the forefinger upon the back of the hand and was returned by pressing the thumb and forefinger upon the middle finger between the second joint and the hand. THE KU KLUX MOVEMENT A B C D E eic. K L M N O etc. 457 signs of meeting were given by symbols, a day meet- ing being indicated by intersecting lines with figures, and a night meeting by a half moon with figures, as ijJ 4 X 3 — I2th at 9 o'clock A. M. 19 4]^ 4X3 = i2th at 9 o'clock P. M. When at meetings or on a raid, disguises were worn, made often by women who had been initiated, and an- swering generally to the following description : It is a large loose gown, covering the whole person quite closely, buttoned close around and reaching from the head clear down to the floor, covering the feet and dragging on the ground. It is made of bleached linen, starched and ironed, and in the night by moonlight it glitters and rattles. Then there is a hood with holes cut in for eyes, and a nose, six or eight inches long, made of cotton cloth, stuffed with cotton, and lapped with red braid half an inch wide. The eyes are lined with the braid, and the eyebrows are made of the same. The cloth is lined with red flannel. Then there is a long tongue, sticking out about six inches, made of red flannel also, and so fixed that it can be moved about by the man's tongue. Then in the mouth are large teeth that are very frightful. Then under the tongue is a leather bag placed inside, so that when the man calls for water he pours it inside the bag and not into his mouth at all. The head dress has three horns on top, made of cotton, about a foot long ; these were also lapped with red braid. ^ But little has been made public regarding the Constitu- tional Union Guard. It is known, however, that it was or- ganized in the North in 1868 with an entirely political ' Senate Ku Klux Report, p. 9. 458 RECONSTRUCTION IN NORTH CAROLINA purpose. Its aim was to secure the election of Seymour and Blair, and when it was brought South, its initiates were told that it had a membership in the North and West of over a million/ It is scarcely likely that this had any basis in fact and there is certainly no proof of any. It continued to exist, side by side or blended with the other orders, until the movement had spent its force. Its reputed state head was Edward Graham Haywood, of Raleigh, but there is no proof that he had connection with it and considerable reason to believe that he had none. The Constitutional Union Guard was organized into> " Brians," each under the orders of a south commander, as- sisted by a west commander, a north commander, and an east commander, ranking in the order named. Other offi- cers were conductor, outside guard, inside guard, secretary, and treasurer. The south commander of the oldest klan was the commanding officer of the county. The sign of recognition consisted in crossing the right hand over the heart, which closely resembled the sign of the White Brotherhood. The sign of distress was given by passing Ijoth hands clasped over the head backward and forward, spreading out the thumbs. The word of distress was "' Ahoy." ^ The disguises of the members were nearly al- \vays black and had tall pointed caps without the horns which adorned those of the White Brotherhood. Practi- cally nothing is known of the ritual except that it was printed. The Invisible Empire was the original of the Ku Klux orders, being founded in Pulaski, Tennessee, in 1865. In its origin, it had no special purpose other than a social one, but its possibilities were soon seen and it spread with incon- ' It is very likely that the story that President Johnson was at the head of the Ku Klux grew out of the origin of this organization. ' Hoi den Impeoxhrnent Trial, p. 1973. THE KU KLUX MOVEMENT ^e,g ceivable rapidity. General Nathan B. Forrest became its head, or Grand Wizard, and did much to control its activi- ties and to spread its organization. It was first brought to North Carolina by an emissary of General Forrest who visited many counties in the State and began the work of organization by initiating some chosen person in each. The date of this visit is not known, some persons placing it in 1867 and some in 1868. In 1870, General Forrest him- self visited Greensboro but there is no evidence that his visit had any connection with the Ku Klux. As he had officially disbanded the order in 1869, it is probable that it had not. The constitution and ritual of the Invisible Empire were the most elaborate of those of any of the orders.^ At the head of the order was the Grand Wizard; over each State, a Grand Dragon ; over such districts as might be set up, a Grand Titan; and over each county, a Grand Giant, who in North Carolina was usually called Grand Mogul; and over each den or local organization, a Grand Cyclops, with . numerous subordinate officers associated with each. On paper, there v/as provision for a very complete and effective organization, but it was never perfected because, from the very nature of the order, its officers could not control it. Its ritual shows clearly that it could not have been other than political, whatever may have been the purposes and intentions of its leaders. After denying that he had ever been a member of the Radical Republican party, the Loyal 'Two prescripts of the Ku Klux Klan were printed; the original early in 1867, and the Revised and Amended Prescript, probably in 1868. Of the former only one copy is knov.'n to be in existence and is in the possession of Professor Walter L. Fleming. Of the latter there are three, one in the Library of Columbia University, one in the Library of the University of North Carolina, and one in the possession of Mr. J. L. Pearcy. Both editions are reprinted in Fleming's edition of Lester and Wilson: A'w J^iux Klan. 460 RECONSTRUCTION IN NORTH CAROLINA League, and the Grand Army of the Republic, and that he had fought against the South in the war, and after affirm- ing his opposition to the organizations mentioned, to negro equalit}^ social and political, and expressing his belief in constitutional liberty, a free white government, and the in- alienable right of self-preservation of the people against the exercise of arbitrary power, the initiate took the fol- lowing oath. I, , before the Great Immaculate Judge of Heaven and earth, and upon the Holy Evangelist of Almighty God, do, of my own free will and accord, subscribe to the following sacred, binding obligation : I. I am on the side of justice and humanity, and constitu- tional liberty as bequeathed to us by our forefathers in its original purity. n. I reject and oppose the principles of the radical party. ni. I pledge aid to a brother of the Ku Klux Klan in sick- ness, distress, or pecuniary embarrassments; females, friends, widows, and their households shall be the special object of my care and protection. IV. Should I ever divulge, or cause to be divulged, any of the secrets of this order, or any of the foregoing obligations, I must meet with the fearful punishment of death and traitor's doom, which is death, death, death, at the hands of the brethren.^ There were several signs of recognition. One was given by stroking the side of the head above the right ear with the ends of the fingers of the right hand and the answer was given in the same way, the left hand being used. An- other was picking the right lapel of the coat with the right hand and in the answer the left hand was used. This, it will be seen, was about the same sign as that employed by ^ House Report, no. 22, pt. 2, p. 309, 42 Cong., 2 sess. This will hereafter in this chapter be called Joint Report. THE KU KLUX MOVEMENT 461 the other two orders. A third was given by standing at attention with the right hand in the side pocket of the trousers with the thumb left outside, the left hand being used in the same way for a reply. The grip was given by locking the little fingers and pressing the wrist with the forefinger. " Avalanche " was the word of distress and the hailing sign in the dark was " I S.A.Y," the answer being " N.O.T.H.I.N.G." ' The costumes varied with the locality but were usually more decorated than those of the other two orders. But a man who belonged to all three, as was often the case, usually had but one disguise. Red suits were seen frequently and on one raid in Orange County all wore them." At the head of the Invisible Empire in North Carolina was Colonel William L. Saunders, of Chapel Hill, who, although he directed it, and, through it to an extent, the other two orders, for the membership was often, and the leaders nearly always, identical, never took the oath of membership and hence was, strictly speaking, not a mem- ber.^ There are few more convincing tributes of confidence than this and well did he deserve it. Summoned in 1871 to appear before the joint committee on " affairs in the insur- rectionary States," he declined in spite of threats and the attempts of the committee to punish him for contempt, to answer any question which in any way related to the Ku Klux, and in the end, escaped any punishment.'' Below him in rank were the chiefs of the various counties, but few of whom, apparently, were in any communication with him. ' Joint Report, p. 399. ^ Senate Ku Klux Report, p. 44. ^ Colonel Joseph Webb in a letter to the author, dated December, 1903. *■ Joint Report, pp. 3S4-6i. 462 RECONSTRUCTION IN NORTH CAROLINA It is impossible at this time to distinguish in most of the county organizations between the three orders. The same is true of their leaders. Often the same person was county chief of more than one and sometimes of all three. So far as can be discovered, the leaders were as follows : Orange : Colonel Joseph Webb and later F. N. Strudwick; Ala- mance: White Brotherhood and Invisible Empire, Jacob A. Long; Constitutional Union Guard, James A. J, Patter- son ; ^ Mecklenburg : Hamilton C. Jones ; Lincoln : Dr. Ephraim Brevard ; Gaston : Dr. Joseph Graham and later Calvin E. Grier ; Burke : A. C. Avery ; Cleveland : Lee M. McAfee; Rutherford: Ladson Mills and R. A. Shotwell in succession ; Franklin : Joseph J. Davis ; Caswell : John G. Lee; Lenoir: Jesse C. Kennedy; Guilford: Major Steiner and Macon Apple. Beneath these were the local " dens," " camps," or " klans," as the case might be. In .A.lamance, there were ten camps of the White Brotherhood each under its chief. ^ There were five klans of the Constitutional Union Guard. ^ The organization in other counties during the period is not known, but in 1870, Rutherford had five local organiza- tions; Polk, two; Cleveland, six; McDowell, two; and Burke, three.* ^ Holden Impeachment Trial, pp. 2249-50. 'These were: i, Jacob A. Long, who was also county chief; 2, Jasper N. Wood; 3, John T. TroHnger; 4, Albert Murray; 5, George Anthony; 6, David Mebane; 7, William Stockard; 8, John Durham; 9, James Bradsher; 10, Job Faucette. Impeachment Trial, p. 2250. ^The leaders of these were: I, James A. J. Patterson; 2, Eli Euless and John T. Fogleman; 3, Jasper N. Wood; 4, Jacob A. Long; 5, George Anthony. ■■Shotwell Manuscript. At one time or another the following were local chiefs: Rutherford: William Webster, J. R. DePriest, Fayette Eaves, Elias Hambrick, who was a Republican, Madison McBraytr, William Edgington, John Witherow, and Mack Deck; Cleveland: Joseph Walker, Matt McBrier; Polk: Aden Rucker. THE KU KLUX MOVEMENT 463 The discipline of the movement was good at first. Nearly all the manifestations of its power were carefully planned, executed with silence and dispatch, almost always by camps from other counties, and not mentioned by the members. At first designed for protection, it acted only as a regulat- ing influence and, as a result of its operations, a large part of the population of the State had lifted from it a burden of terror. Crime of all sorts grew rapidly less, and so by illegal methods the observance of law was maintained. But as the organizations became more political in character, the membership increased and, the mass of the members real- izing their power, discipline relaxed until finally there was none. Punishment became more frequent until the very nature of the movement was radically changed. The Ku K^lux continued to be a terror to evil-doers, but it was alsoi a terrible menace to the personal Cjuiet of its active political opponents. When the tendencies of the movement were seen, the orders were officially disbanded, but they were beyond the control of their leaders ^ and, the best element in the main having withdrawn, the name of Ku Klux by the summer of 1870 had come to be associated with much of unjustifiable violence, of injustice, and of wrong. It became the cloak for the private vengeance of those who were unworthy, and in many instances, of those who had never been connected with it. In Alamance, there was a raid by negroes dressed as Ku Klux, all of whom were cap- tured and convicted. Randolph Shotwell in his autobiog- 'The Invisible Empire was disbanded by General Forrest in i86q, but it is not likely that the order was obeyed in many parts of North Caro- lina, if indeed it ever reached the State. The White Brotherhood and Invisible Empire in Alamance were disbanded in the same year by the chiefs of the local camps, upon the advice of Jacob A. Long. The Constitutional Union Guard in Alamance was disbanded in 1870. In almost all the counties, efforts were made by the original leaders, with small success, to check the activities of the orders. 464 RECONSTRUCTION IN NORTH CAROLINA raphy speaks of the difficulty expei"ienced by genuine Ku Klux in Rutherford on account of the activity of independ- ent imitators who sought only the gratification of private wishes. This was the heritage that was to be expected and, while the worthy original members of the orders had no part in it, they were in part responsible and no estimate of the movement is correct or adequate which does not include in its calculations the work of this bastard offspring of the Klan. Through its activity, the defenders of the move- ment were alienated, its very originators became its ene- mies, and an efficient public sentiment was aroused which greatly assisted in putting an end to its existence. It is not likely that the full extent of the organizations will ever be known, either as regards membership or terri- tory covered. Few if any of the members knew themselves. Forty thousand was a very usual estimate but there is noth- ing to prove the correctness of the figures. Certainly no such number were ever active in the State. Many were doubtless initiated who, for various reasons, were never called upon to do anything. In some of the counties which had an organization, the leaders never found any occasion to use it. Estimates of the number of members in certain counties are interesting even though not entirely reliable. The following table gives some of these. County Number. Alamance 600-700 Orange 1800 ' Guilford 800 Lenoir 100 Cleveland 800-1000 Rutherford 500 The territorial extent of the movement is exceedingly in- 'This was probably exaggerated, though Orange was probably better organized than any other county. THE KU KLUX MOVEMENT 465 teresting. It was essentially a movement of the Piedmont region of the State and was never very successful in spread- ing in the eastern counties where there was a large negro population. The only counties with negro majorities in which the Ku Klux appeared were Caswell, Lenoir, Jones, Franklin, and Wayne, and only in Caswell were they active. The counties in which the orders displayed any ac- tivity fall into two groups, a central and a western one. In the former, were Alamance and Orange, where Daniel R. Goodloe said the movement was hereditary and closely akin to the Regulation, Caswell, Chatham, Cumberland, Duplin, Harnett, Lenoir, Jones, Moore, Person, Franklin, Wayne, Guilford, Rockingham, and Stokes. In the latter, were Burke, Catawba, Cleveland, Gaston, Lincoln, Meck- lenburg, Polk, McDowell, Rowan, and Rutherford. Orange and Alamance formed the storm centre of the central group and Cleveland and Rutherford of the western. So far as outward manifestation is proof, the movement was of com- paratively little importance elsewhere. But it is not to be doubted that it was in a quiet way very important, both protectively and politically, in many counties where it did not attract any public attention. In the latter respect it was an organization which kept its members aroused. Its chief work in the State and in the South, in addition to the pro- tection it furnished, was in restoring heart and courage to the white people who at first seemed overwhelmed by the immensity of their misfortunes. In this way it was the active agent which secured political redemption. The west- ern group of counties was largely influenced by South Caro- lina and was practically unconnected with the central group. In fact the chief activities in the west commenced only as the movement ceased further eastward. In the west the or- ganization was far less complete and the discipline less effective. Its punitive measures were far less productive of 466 RECONSTRUCTION IN NORTH CAROLINA public benefit and, in its period of greatest activity, the movement had little to recommend it. 3. ACTIVITIES OF THE ORDERS The activities of the Ku Klux organizations may be clas- sified under two heads: punitive, or those of a regulating nature; and political. From the fact that the orders were organized for the protection of the white people through the process of spreading a salutary terror among the evil- doers of the various communities where they operated, their history as regulators of public conduct is far more ex- tended and probably more important than their political activity which was always a secondary consideration. Ref- erence has already been made to the appearance of the Ku Klux in Warren County during the campaign of 1868. At that time there was no violence of any sort committed. The' fact that the organization never appeared again in that sec- tion of the State might lead to the belief that it never really existed there and that the one manifestation of its presence was really the work of practical jokers; but it was probably genuine Ku Klux activity, though, when the orders commenced their real work later, it was a much more serious affair. During the presidential campaign of 1868, the Repub- licans spoke in vague terms of Ku Klux outrages in various parts of the State. Governor Holden even wrote the sheriff of Granville in October that some had occurred in that county,'- but no evidence that such was the case was found. But there is abundant evidence that the Klan was at work in other sections of the State, although no violence occurred that was worthy of special mention until the next year when a different condition of affairs presented itself. In a num- ' Standard, Oct. 21, 1868. THE KU KLUX MOVEMENT 467 ber of counties, severe punishment was inflicted upon evil- doers, for the orders at once constituted themselves active censors of public morals and manners. The localities chiefly affected were Alamance, Orange, Caswell, Jones, Lenoir, and Chatham counties. In Alamance, the organization was widespread and there was a very general sentiment among the people in favor of the movement. Only one raid was ever made by the White Brotherhood or Invisible Empire with the official sanction of the county chief. The town of Graham, which was a quiet little village, suddenly arrived at the dignity of a night police force consisting of three negroes who were in- structed to stop all persons (and this in its enforcement meant Conservatives) who came on the streets after nine o'clock, and ascertain their business. This naturally excited much anger in the town, and Jacob A. Long ordered thirty men in disguise, without arms, to ride through the town with the purpose of frightening the police. Thirty-one men came in, all armed, and when fired upon by Wyatt Outlaw and Henry Holt, two negroes, the former the head of the Union League in the county, they returned the fire to the extent that each one emptied his pistol. Long saw at once the impossibility of controlling the orders and refused to give his consent to any other demonstration. Later he called a meeting of the local chiefs and they disbanded the White Brotherhood and Invisible Empire. His belief was justified by facts ; the movement was beyond the control of any man, whatever his authority; and without regard to the laws of the orders, a period of great activity on the part of the individual members followed. An attempt was made to whip Henry Holt, but he eluded his pursuers. Caswell Holt, another negro whO' had grossly insulted a young girl in the country by exposing his person in her presence, was severely whipped in January, 1869. He sus-. 468 RECONSTRUCTION IN NORTH CAROLINA pected several persons who were arrested and carried before a Republican magistrate, but all were cleared.^ About a year later he was visited by the Ku Klux who fired into his house wounding him severely." The second visit was prob- ably due to his loud and frequent threats against the Ku Klux. Probably the most interesting example of Ku Klux pun- ishment in the State was a case, the details and even the fact of which have never before been published. In the country lived the widow of a Confederate soldier with one daughter, a young girl of about sixteen years of age. All of their former slaves left except a boy who had always been a house servant. He told the girl one day that he was going to marry her, that he was free and as good as she. Upon her ordering him to be silent, he told her that if she ever mentioned what he had said, he would kill her mother, and that she might as well remember that he was going to marry her. The girl was young and simple and, terribly alarmed for her mother's safety, remained silent but stead- ily lost health and spirits. Finally at church, her uncle, who lived in another section of the county, remarked upon her loss of health and she told him the story of what had occurred. He took her to his home, and that night with six other members of the Ku Klux went to see the negro, who never appeared again. The matter never attracted any public attention since the negroes were so constantly moving about that a sudden disappearance of one without a family excited no comment. In the autumn of 1869, the Ku Klux whipped Alonzo Cor- liss, a Northern man who was teaching a negro school at Company Shops. He had been president of the Union League and shortly before this had insisted upon the ne- ' Senate Ku Klux Report, p. 343. 'Ibid., p. 345. THE KU KLUX MOVEMENT 469 groes' going to church and sitting among the white people.^ In addition to whipping him, they shaved one side of his head and painted one side of his face blacl<.' He had four men arrested and examined before a RepubHcan magis- trate but could produce no evidence against them. He was a cripple and many Ku Klux were angry at what had been done to him, but shortly thereafter, a flag was set up in the road near his school, trimmed with crape, and a coffin stamped upon it with the following inscription : " Corliss and the negroes. Let the guilty beware. Don't touch. Hell." ' During the year a large number of persons in the county were whipped, nearly all for some particular ofifence or for their general mode of life, and none so far as can be dis- covered for political reasons. Many negroes were whipped for the purpose of intimidation, eighteen of them in one section in one night. In one case, a child was trampled and died from its injuries.* In another case, a negro woman used an axe with such effect that one of the visitors carries its mark across his face to-day. A coffin was placed at the door of a white Republican, who had been talking loudly against the Klan, with the inscription across its head, "Hold your tongue, or this will be your home," and down its length, "Alive to-day, but dead to-morrow. K. K. K." ° Negroes and whites were visited and made to grasp skel- eton hands or bring buckets of water for the thirsty spirit who " had not had a drink of water since he was killed at Shiloh." One old man, Benjamin Cable, burst into the ofifice of the clerk of the court, the day after such an experi- ence, crying, " God, Albright, the Ku Klux don't hurt any- ^ Senate Ku Klux Report, p. 254. '^ Ibid., p. 145. "■Ibid., p. 149. ^Ibid., p. 33. ^Impeachment Trial, p. 1502. 470 RECONSTRUCTION IN NORTH CAROLINA body but they scare a man 'most to death. They made me bring six buckets of Avater and then I said, ' Go to the spring.' " In 1870, still more severe measures were taken. T. M. Shoffner, who had introduced the bill " for the better pro- tection of life and property," lived in Alamance and his death was voted by the Orange Ku Klux who prepared to kill him and send his body to Governor Holden.^ The news reached Alamance upon the day chosen for his assassi- nation. James E. Boyd told Dr. John A. iVEoore, " They are going to suspend Shoffner's writ of habeas corpus to-night," and remarked that he was going to leave the county for the night. ^ The latter at once rode to the ap- pointed place to stop the proposed murder and turned back the visitors. In the meantime, Eli Euless, the head of a klan of the Constitutional Union Guard, carried Shoffner to Greensboro.^ Shoffner was naturally terribly alarmed and soon after moved to Indiana. Wyatt Outlaw, as has been noted, fired upon the Ku Klux at their first public appearance in the county. He was a blatant negro who as head of the League was reported by the negroes to have said, " Put fire to mills, barns, and houses," and his death was determined upon by certain members of one of the orders. A party of them rode into Graham on the night of February 26, 1870. and, seizing Outlaw in his home, carried him to a tree in the court- house square and there hanged him, leaving upon his breast the inscription, " Bewar, ye guilty, both black and white." As the raiders went home, a semi-idiotic negro named Wil- liam Puryear saw some of them and reported the fact. He d'sappeared that night and was found some weeks later in a neighboring pond.* All attempts to discover the perpe- ^ Impeachment Trial, pp. 1975-76. ''■Ibid., p. 1526. ^ Ibid., p. 1976. * Senate Ku Klux Report, p. 35. THE KU KLUX MOVEMENT 471 trators of these two murders were unavailing. Public sen- timent in the county strongly condemned the hanging of Outlaw, but many believed that the Ku Klux had nothing to do with Puryear's death. With these acts, the operations in Alamance came to an end. In Orange, the Ku Klux were probably less active but their punishments were more severe, though whipping and milder punishments were not unknown. Five persons, all negroes, were put to death during the year 1869, none for any political reason. Late in July, three barns in sight of each other were burned on the same night and at the same time. The owner of one of them, with complete ruin staring him in the face, lost his mind and committed suicide the next day.^ A few days later, the county jail was opened and two negroes ac- cused of another barn-burning taken out. One was released, but the other was shot and died of his wounds two weeks later.^ Suspicion, in the meantime, fell upon two negroes, Dan and Jeff Morrow, who had burned the barns, and on August 7, they were hanged on a tree by a public road in the southern part of the county and left with the inscrip- tion, " All barn burners and women insulters, we Kuklux hang by the neck until they are dead, dead, dead. K. K. K." Later in the year, Wright Woods, a negro who had threatened rape, was found hanged with a paper on his foot on which was written, " If the law will not protect virtue, the rope will." ^ Later still, Cyrus Guy was hanged for the ' A member of the League, who had been whipped a few days before this happening and was in a communicative frame of mind, said that the burning had been inspired by the governor who had said the negro must rule. Sentinel, July 27, 1869. ^Senate Ku Klux Report, pp. 41-47; 190-201. " Sentinel, Sept. 28, 1869. 472 RECONSTRUCTION IN NORTH CAROLINA same offence. Public sentiment in Orange was somewhat more divided than in Alamance, and Thomas Ruffin, W. A. Graham, John Norwood, W. H. Battle, and others were outspoken in their opposition to the movement. But with the mass of the white people, it was very popular and, con- sidering the protection it had given, naturally so. The acts of the Klan in Orange at first excited more at- tention in the State than those of any other county, and Governor Holden decided to send troops to Hillsboro, but changed his mind after receiving good advice from there. On November 3, the Standard, declaring that it was speak- ing for the governor, threatened a proclamation that the county was in insurrection. A week later, it closed an edi- torial on the subject of the Ku Klux with the following sen- tence : " They will be dealt with as traitors by both the State and general governments, even if there has to^ be a gibbet for every tree in the forests of Orange." Jones County was early notable for several acts for which the Ku Klux received the credit. Lawlessness was very prevalent in the county and members of the League had murdered a large number of persons. Three carpetbaggers who had won the hatred of the mass of the white people by their activity among the negroes were D. D. Colgrove, a member of the convention, his brother O. R. Colgrove, and one Shepperd, who enjoyed the title of colonel. O. R. Colgrove had served a term in the New York penitentiai"y before he became a captain in the Union army. General Canby had appointed him sheriff of the county and, al- though he could not give bond, kept him in the position which he succeeded in retaining under the new dispensation. He had the reputation of being a bad and dangerous man.^ Shepperd was from Pennsylvania and, after serving in the ' Senate Ka Klux Report, pp. g8, 373. THE KU KLUX MOVEMENT 473 federal army, remained in North Carolina where he became a county commissioner and colonel of militia/ Notices were posted warning him and Colgrove to leave, but both disregarded them. In May, Colgrove and a negro who was driving with him were shot and killed. No one was ever implicated in the murder, although the responsibility of the Ku Klux was quite clearly proved.^ On August 16, Shepperd, who was running a saw mill, was shot and killed by some unknown person across the river and, while no clue was ever found, public opinion settled upon the Ku Klux as responsible. Chatham County had the reputation of great Ku Klux activity, but in time, it was clearly proved that many of the supposed Ku Klux outrages were in reality the work of the Union League. The Ku Klux organization in the county was, however, quite widespread and at times perniciously active. Caswell County suffered bitterly at the hands of the League, which was under the guidance of John W. Stephens, who was one of the governor's detectives, a man of bad reputation and of evil political Hfe. In organizing the League, he had advised violence and, finally, at a meet- ing at the home of his brother-in-law, one Jones, gave to- each of the twenty negroes present a box of matches, still a rarity among them, and told each one to burn a barn. Not all followed his instructions, but nine barns were burned in one night. Some time afterwards, a white man in the neighborhood overheard two of his negro hands mention Jones as connected with the burning, and that night, Jones was taken from his home and given an opportunity to tell what he knew. He refused at first, but when the hickory ^Standard, Aug. 19, 1869. ''Senate Ku Klux Report, p. 242. 474 RECONSTRUCTION IN NORTH CAROLINA Sprouts began to strike his bare back, he confessed the vv-hole thing. The Ku Klux were well organized and Stephens' death was resolved upon. In March, 1870, a large Conservative meeting was held in Yanceyville. Stephens was present taking notes upon a speech of Judge Kerr when he was rec[uested to come down stairs for a few moments. In company with the person making the request, he walked down stairs, through the corridor which was crowded with people listing taxes, and went into an unoc- cupied office. Instantly, seven men seized him, and his companion departed closing the door after him, leaving Stephens tightly held. After three seven-shot revolvers had been taken from him, he was bound, gagged, and laid upon a pile of wood in the corner. One man, left to keep guard, stretched out on the hearth in order that the negroes who thronged the square on which the windows opened might not see him, and the other six left and walked down the corridor to Judge Kerr's office, which was unoccupied during its owner's speech upstairs. The original plan had been to keep Stephens until night and then to hang him in the sc[uare, but the danger of discovery was so great that it was now decided not to delay at all. Walking back through the crowd, they re-entered the room and cut his throat, at the same time drawing a rope tightly about his neck, and stabbed him to the heart, after which they left. The pro- vocation was undoubtedly great, but few can deny the horror of the punishment. His body was not discovered until the next day and, while the Ku Klux were at once sus- pected, no evidence could be secured. IVfany people, in- cluding a large number of Republicans, thought that he had been killed by members of his own party, since he was known to have many enemies in its ranks, and this opinion gained strength when it became known that a short time before Governor Holden had said to a delegation of ne- THE KU KLUX MOVEMENT 475 groes, who had gone to discuss with him the condition of affairs in Caswell and to complain of the violence of Stephens in speech and act, " We must get rid of Stephens," meaning of course as a party leader. No one accused the governor of complicity or of evil intention, but many thought that his words had been misunderstood by the ne- groes and that the death of Stephens was the result. With the exception of this striking example of its power and secrecy, the activity of the Ku Klux organization in Caswell was very slight. Two or three negroes were whipped for stealing, some were warned,^ and that was about all. There, as elsewhere, its influence upon the ne- groes was beneficial to the public. In the other counties of the central group, the activity of the Klan amounted to little, so far as the public was aware. Undoubtedly many of the doings of the organizations never became publicly known, while, on the other hand, they received the credit for much with which they had no connec- tion. The Standard published the confession of Daniel Graham, a supposed reformed member, in which he accused some of the best men in Cumberland County of various horrible crimes, but upon investigation, he proved to be a murderer and one-time outlaw, so his testimony was not ac- cepted by the public. Shortly before this time, a horrible murder had occurred in the county, but the victim happened to be a Conservative and members of the Union League were suspected of being the perpetrators of the crime, so the governor apparently gave himself little concern about it. In Robeson County, the Lowry Gang were committing all sorts of depredations but, as they were all Republicans and supposed to be Red Strings, they were not molested by Gov- ' A negro magistrate received the following warning in the spring of 1870: " Mr. Cook beware. Talce care of your head or we shall have it before you leave the county for we are Kuklux and sworn." 476 RECONSTRUCTION IN NORTH CAROLINA ernor Holden or by his successor, Governor Caldwell. In the Northern press, they were first said to be Ku Klux and later, when more was learned of them, that their acts were in retaliation for Ku Klux outrages. As a matter of fact, their lawlessness antedated the Ku Klux organization. These are the most notable examples of the work of the Klan. A study of all available sources of information con- cerning the organization brings conviction that only in a very small degree was it political in purpose. In effect it was a very powerful political influence. No correct estimate can be made of the number and char- acter of the visitations made by the Ku Klux. The follow- ing table, which includes the western counties to be dis- cussed later, was prepared from the entirely unreliable documents and testimony found in the two reports of- con- gressional investigating committees and in that of the im- peachment trial : THE KU KLUX MOVEMENT 477 White 1 1 Colored. •d a. o •d -a c 3 o •6 PL, 3 O (U C •d •6 A. G. Moore, J. T. Mitchell, Joseph R. Fowler, S. P. Hill, F. A. Wiley, Felix Roan, and L. M. Totten. 'Battle, Habeas Corpus Cases, pp. S9-66- ■' F. A. Wiley, J. T. Mitchell, and Felix Roan. 530 RECONSTRUCTION IN NORTH CAROLINA regard to this action there were two points of view in the State which are well reflected in the following quotations : The writ of Habeas Corpus, instead of being " played out," has become a limng, potent, health-giving principle, which still survives amidst the usurpations of an executive despot and the tame subserviency of a partisan Chief Justice^ JUDGE BROOKS The world, we think, cannot fail to join us in the most per- fect surprise at the extraordinary action of the above-named gentleman in regard to the habeas corpus cases at Salisbury. Without hearing one word of testimony, without wait- ing ONE MOMENT FOR CONSIDERATION OR INVESTIGATION, HE TURNS LOOSE UPON THE STATE A BODY OF MEN CHARGED WITH CRIMES WHICH WOULD PUT TO BLUSH THE DARKEST PAGE OF CRIMINAL HISTORY. Was this usual ? Was it fair ? Was it right ? - Motions were then made for an attachment against Kirk and a peace warrant against Bergen. Both motions were adjourned to be heard in Raleigh. There on August i8, after argument b}^ counsel,' Judge Brooks rendered a power- ful opinion in which, though it contained by implication sharp criticism of the governor and chief justice, he refused to grant the motion. Later, however, he issued a bench warrant against Bergen. Judge Brooks based his action in issuing the writ upon the Fourteenth Amendment and the act of Congress of February 5, 1867, which gave federal judges power to grant the writ of habeas corpus in all cases where any person might be restrained of liberty in violation ^Tarboro Southerner, September i, 1870. ''Standard, August 20, 1870. ' Attorney General Olds denied the jurisdiction of the court and Judge Brooks threatened him with contempt proceedings. THE REIGN OF TERROR 531 of the Constitution, or any treaty or law of the United States/ On September i, Turner applied to Justices Dick and Settle for a bench warrant against William W. Holden, Kirk, Bergen, Hunnicutt,^ and Alex Ruffin." They promptly refused it in the case of the governor, and allowed it for the others except within the borders of Alamance and Caswell counties. As all of Kirk's force was in those two counties, the warrant was of little effect. In succes- sion, Turner then applied to Justices Reade * and Rodman and to Judges Watts, Thomas, Tourgee, Cloud, Henry, and Jones, all of whom refused the application so far as the governor was concerned. Turner then carried the matter to Orange Superior Court where the grand jury found a true bill against Holden for assault and battery and a capias was sent to the carpetbag sheriff of Wake who very naturally refused to serve it. This ended the matter for the time. Suits were brought against Kirk in the fed- eral court by many others but he was allowed by the mar- shal to remain with his men. Bergen, in the meanwhile, was in jail. On August 25, Judge Mitchell issued an injunction against D. A. Jenkins, the state treasurer, and A. D. Jen- kins, paymaster, forbidding the payment of the state troops.^ Thereupon the governor removed A. D. Jenkins and ap- ^ Laws of the United States, chap, xxviii, 39 Cong., 2 sess. 'One of Kirk's officers wfio had arrested Turner. ^ A colored member of Kirk's force. * Judge Reade replied as follows to the application: "I am of the opinion that the application within does not justify the issuing of a bench warrant; and if it were sufficient in other respects, no reason is given for passing over the local authorities." *The injunction was issued upon the petition of R. M. Allison of Iredell County. 532 RECONSTRUCTION IN NORTH CAROLINA pointed John B. Neathery who paid them/ On September 21, they were mustered out and the majority fled to the mountains, preserving their organization in fear of the just anger of an injured people, but still marking their route by violence and outrage. On August 29, Governor Holden appealed to Judge Bond of the United States Circuit Court to come to Raleigh and hear the cases against Kirk and Bergen. Kirk was arrested by the marshal in Alamance and carried to Raleigh by him, thus escaping arrest on a state warrant. Judge Bond, who had been appointed by President Grant because he was thought to be well suited, from the administration stand- point, to try Ku Klux cases, consented and came to Raleigh. He heard the argument in the case of Bergen and reserved his decision. Early in October, he wrote the order for Ber- gen's release, but waited until the Circuit Court met at Ral- eigh in November, and on the twenty-fourth secretly re- leased Bergen, and several days later handed down an opin- ion overruling Judge Brooks' action in the case.^ Sheriff Lee, of Wake, in spite of the fact that he held state criminal and civil processes against him, allowed him to depart un- molested.' Bergen went to Danville where he was recog- nized and, after being run down by bloodhounds, was ar- rested for stealing a pistol from F. A. Wiley, of Caswell. He was, however, released and went to Washington to re- ceive soon after at the hands of a grateful President the ap- pointment as consul to Pemambuco. The nomination was not confirmed and Grant was finally forced to withdraw it. 'The cost of the militia was $74,267.70 distributed as follows: Rations $14,409.61 Transportation 10,775.60 Pay 49, 182.4Q 'Battle, Habeas Corpus Cases, p. 141. 'Senate Report, p. 168. THE REIGN OF TERROR 533 A week after Bergen's release, Judge Bond released Kirk who was under parole to the marshal and, Sheriff Lee assenting in spite of the papers in his pocket, he left Ral- eigh and, first on horseback, and later by carriage, made his way across country to the Virginia line, thus escaping the punishment which awaited him. He too was the object of tender Republican solicitude and became an officer of the police force of the government buildings in Washington. In the meantime, on November 10, Governor Holden is- sued a proclamation declaring the insurrection in Alamance and Caswell at an end and congratulating the people upon the good order existing in the State. The Kirk-Holden War had ended. CHAPTER FOURTEEN The Reform Legislature of i 870-1 871 i. organization and membership The new legislature met on November 21. In the Sen- ate, Lieutenant Governor Caldwell presided and in his opening address, after admitting that much had been done by the preceding legislature that merited condemnation, urged wise and careful legislation, the preservation of in- dividual rights, and a searching investigation of the charges of fraud against those who had held in their keeping the interests of the State. In the House, Thomas J. Jarvis, of Tyrrell, was chosen speaker over T. L. Hargrove, of Gran- ville. He had been one of the leading Conservatives in the preceding legislature and in that way had won his prefer- ment. Hargrove was a new member. The membership of the legislature by parties according to certificate was as follows : Senate. House. Joint Ballot. Conservatives 33 72 105 Republicans 17 45 62 Independents. •■ 3 3 In the Senate, there was some objection to the seating of R. W. Lassiter, W. A. Smith, and L. C. Barnett, all three Republicans, but the majority, remembering their condemnation of the arbitrary methods of the Republicans two years before, preferred to allow them to take their seats and let investigation follow. They were accordingly quali- fied, after which contests were begun against Lassiter and Barnett by W. A. Bradsher and L. C. Edwards. These 5.34 THE REFORM LEGISLATURE OF 1870-1871 ^^5 cases were referred to a committee which sent a commis- sioner to Granville and Person to take testimony. The re- port was in favor of Bamett, in spite of a technicality which might have been construed as invalidating his election, but it recommended the seating of Edwards who had received a majority of the votes. The report was adopted in Janu- ary. In the meantime, Wilson Carey, of Caswell, and W. A. Smith, of Alamance, had been unseated on the ground that, those counties having been declared in a state of in- surrection and having been, at the time of the election, oc- cupied by troops, there could not have been a free election. There was much criticism of the failure to unseat John A. Gilmer who was elected from the same district as Smith, but the facts of the case were that the former was elected with or without the vote of Alamance, while the latter was defeated unless the vote of Alamance was counted. His Conservative opponent declined to contest, so a new election was ordered and James A. Graham, a Conservative, was chosen. Livingston Brown, another Conservative, was elected in Caswell. In the House, similar action was taken in regard to Ala- mance and Caswell, and the new elections resulted in Con- servative victories. The election officers in Madison County had counted the vote cast by Kirk's men while stationed in Alamance and Caswell and, on this ground, W. W. Rol- lins, the Republican incumbent, was unseated and his oppo- nent declared elected. A contest from Hertford resulted in the unseating of the Conservative incumbent and the seat- ing of the Republican candidate, W. D. Newsom, a negro, and another contest by a Conservative from Wayne County failed ; so it is seen that the decisions in election cases were not entirely partisan.^ There was an attempt to dispose of ' The author has examined the testimony and other papers in all these cases and they prove conclusively the justice of the reports. 536 RECONSTRUCTION IN NORTH CAROLINA A. W. Fisher by appointing a committee to see if he was a citizen of Bladen, but it was unable to find any evidence upon which to base proceedings against him. These proceedings in the two houses made their political standing as follows : Senate. House. Joint Ballot. Conservatives 36 75 ill Republicans 14 42 56 Independents. ■■ 3 3 Among the Republican Senators, were three negroes,'" and two carpetbaggers." In the House, there were nineteen negroes ' and two carpetbaggers.* One of the most striking facts about the membership of the legislature was the number of young men. Seventy of them were under thirty years of age, and there were very few old men, the majority of the remainder being under forty. Only a comparatively small number had seen legis- lative service, but those who had experience proved them- selves able leaders, and the majority displayed throughout the existence of the body an unusual degree of unity, and manifested so clearly a determination to secure genuine re- form that they assured the uninterrupted ascendency of their party in the legislature for the next generation, and, with one interval of four years, until the present day. The Conservative leaders in the Senate were E. J. Warren, of Beaufort, who was chosen president pro tern., John W. Gra- ham, William M. Robbins, H. C. Jones, A. C. Cowles, and 'Henry Eppes, J. A. Hyman, and G. W. Price. * Lehman and Moore. ^J. R. Bryant, E. R. Dudley, W. Bunn, W. Cawthorne, S. Ellison, R. Falkner, R. Fletcher, R. M. Johnson, G. L. Mabson, W. Morgan, W. D. Newsom, J. R. Page, W. H. Reavis, P. D. Robbins, C. Smith, T. A. Sykes, R. Tucker, G. Willis, and J. Williamson. 'A. W. Fisher and G. Z. French. THE REFORM LEGISLATURE OF 1870-1871 ^07 W. L. Love. On the Republican side were C. H. Brogden, L. P. Olds, and R. F. Lehman. In the House, Jarvis, T. D. Sparrow, W. P. Welch and, for a time, F. N. Strud- wick, were the leading Consei-vative members, while S. F. Phillips, who had been elected to fill a vacancy, G. Z. French, A. W. Fisher, and J. M. Justice were the most prominent Republicans. J. H. Williamson, a colored member, was the ablest representative of his race and often took a prominent part in the debates. In every way, the body was superior to its predecessor. In ability, the contrast was sharp and in morals and a sense of public responsibility, there could be no comparison, so much was its personnel in advance of that of the first Re- construction legislature. 2. THE IMPEACHMENT AND TRIAL OF GOVERNOR HOLDEN The result of the election was scarcely known to the public before the Tarboro Southerner, followed by a few other newspapers, voiced a widespread demand for the im- peachment of the governor.^ The Sentinel had little to say on the subject at first, but agreed in the demand, and later insisted that Judge Pearson should also be impeached as his guilt was equally great. Comparatively little was said about the matter in the press, but that little was enough to excite in Governor Holden the liveliest anxiety. The anger against him in the State was clearly apparent and the elec- tion had brought complete disorganization and demoraliza- tion to the Republican party. A plan to divide the Conser- vative ranks by a revival of jealousy between those of former Democratic and Whig affiliations failed because 'Issue of Aug. II, 1870. The editorial was in part as follows: " He is the vilest man that ever polluted a public office and his crimes are now crying in trumpet tones against him. Impeach the Traitor, the Apostate, and the Renegade, and drive him into the infamous oblivion which is so justly his due." 538 RECONSTRUCTION IN NORTH CAROLINA premature. Too lately had they faced a common foe and a common danger for the alliance to be easily broken. On the other hand, the great cause of division among the Re- publicans was Holden himself who was hated by many of the party and particularly by the influential Dockery family. The course of the Standard after the election, and in fact, during the whole of the recent trouble had not helped either Holden or the party. It abandoned all efforts to give the truth to the public and sought by appealing to the worst passions to gain advantage for the party and more particu- larly for the governor. All during the habeas corpus pro- ceedings it vilified Judge Brooks, denounced William A. Graham, Thomas Bragg, B. F. Moore, and William H. Battle as " Ku Klux lawyers " ^ and charged them with the responsibility for the Ku Klux. It was fighting a losing game, however, and on September 17, it suspended publica- tion, VA^illiam A. Smith, the owner, saying in disgust, "What in h — 1 is the good of running a Republican paper when none of the party can read?" But on the twenty-sixth, publication was resumed with S. S. Ashley, the superin- tendent of public instruction, as the sub rosa editor. Coincident with the demand for the impeachment of Hol- den, came the discussion of a constitutional convention to rid the constitution of its inost serious defects. A large part of the press and most of the Conservative leaders were in favor of it and the question was argued all over the State. The advocates of the convention opposed any change in the rights of the negro and in the homestead provision, but laid stress upon the necessity of reducing the number of officers and taking steps to settle the question of the state debt. They estimated the cost of the convention at $25,000, and argued that the money saved by the changes would pay ' Standard, Aug. 20, 1870, et seg. THE REFORM LEGISLATURE OF 1870-1871 ^39 for it. The Republicans, particularly the carpet-baggers, who felt a proprietary interest in the existing constitution, estimated that the lowest cost would be $200,000. As a matter of fact, the Republicans were viewing with horror the threatened destruction of their power and were using every possible means to defeat the policy of the Conserva- tives. The most potent arguments against a convention were expense and the possibility that it might restilt in in- terference by Congress and a fresh Reconstruction. The Republicans also accused the Conservatives of plotting the entire overthrow of the existing system. The following is a characteristic expression of this : The plans of the Conservatives, as thus far shadowed forth, we have already hinted at. They propose To call a Convention ; To impeach the Governor ; To remove the present eminent and able State officials ; To revolutionize the common school system; To abolish the homestead law ; To nullify the Fourteenth Amendment ; To nullify the Fifteenth Amendment; To nullify the Reconstruction acts ; To inaugurate the Invisible Empire.^ Judge R. B. Gilliam, who had been elected to succeed Deweese in the 41st Congress, died in October, and a heated contest followed, in which John Manning, of Chatham, defeated Joseph W. Holden. Governor Holden's prestige would have been helped by his son's election and no efforts were spared tO' win it, but they were in vain. As the time approached for the meeting of the legisla- ture, discussion of impeachment was revived. The Sentinel, voicing undoubtedly the sentiment of a majority in the ^Standard, October 11, 1870. 540 RECONSTRUCTION IN NORTH CAROLINA State, again demanded the punishment of the chief justice as well as of the governor. The General Assembly met on November 21, and on the next day, a memorial of A. G. Moore, of Alamance, asking the impeachment of both, was presented. This was followed by a flood of similar peti- tions. Both the governor and the chief justice were alarmed. The former made use of his annual message as a defence and in it discussed the whole question of his action and attempted to justify it. He also annexed to his message certain selected documents which he thought would help his case. The chief justice took more unusual steps in his own behalf. On November 25, he sent a memorial to the Senate in vindication of his conduct. This was being read to the Senate when objection was made and it was withdrawn.^ This remarkable attempt to induce the Sen- ate to prejudge his case thus failed. Governor Holden, in the meantime, made it known that he would favor the re- moval of Vance's disabilities, and offered Senator Murphy a place upon the board of public charities, apparently in the hope that they might be influenced in his behalf.' Vance was opposed to impeachment, why, no one seemed to know. Of it, he said afterwards, " It was the longest hunt after the poorest hide I ever saw." It still seemed advisable to the governor and his friends to appear unafraid, and on November 19, the Standard, which still represented Gov- ernor Holden's opinions, after threatening the Democratic party, said, " We have heard enough on this subject. We want acts after to-day. In the name of the people of North Carolina, who elected the governor and chief justice, we demand a trial at the bar of the Senate. Innocent or guilty, the matter has reached that point from which there is only one course to pursue and that is — give these men a trial — ^Senate Journal, 1870-71, November 25, 1870. ' Sentinel, November 29, 1870. THE REFORM LEGISLATURE OF 1870-1871 g^^ clear them if innocent and convict them if guilty. If the Democratic party will not try these men, then we denounce the party as being more corrupt and dishonest than has been charged against the Republican party." In the meantime, the idea of impeachment had not been dropped. The Democratic caucus of the House decided upon it, and on December 9, Frederick N. Strudwick, of Orange, who had been a prominent member of the Ku Klux, introduced the resolution of impeachment which was at once referred to the judiciary committee. Chief Justice Pearson expected to be impeached and had already employed Thomas C. Fuller to defend him.^ He would have been im- peached but for the influence of the bar of the State. For many years he had conducted a private law school and had endeared himself personally to a majority of the bar. His great abilities were also recognized. Hence any proposition to impeach him was always defeated by his friends and he thus escaped a fate he richly deserved. Other elements, as well, entered into the matter. Many members of the legis- lature thought it impolitic and unwise to make too clean a sweep, and thinking Holden the chief offender and a more dangerous man. preferred his impeachment to that of Pear- son. On December 14, the judiciary committee, after report- ing the facts of the previous summer, offered the following resolution which was adopted by a vote of sixty to forty- six: ■ 'With the concurrence of the other justices, Chief Justice Pearson presented an elaborate defence of his action to the Supreme Court at the January Term, 1871. It is to be found in 65 North Carolina Re- ports. 'Nine Conservatives voted against impeachment. They were J. S. Anderson, J. T. Brown, B. L. Bryan, T. D. Darden, Jona Harris, J. Clinard, B. K. Dickey, and E. B. Lyon. Cawthorne, a negro mem- ber from Warren and a Republican, voted for the resolution. 542 RECONSTRUCTION IN NORTH CAROLINA " That William W. Holden, Governor of the State of North Carolina, be impeached of high crimes and misde- meanors in office." On the next day, the House appointed F. N. Strudwick, W. P. Welch, and Thomas Sparrow a committee to appear at the bar of the Senate, and, in the name of the House, im- peach Governor Holden of high crimes; and the same day, they appeared before the Senate, and Welch impeached him in the following words: Mr. President and Senators: We would display the most callous indifference — the most remarkable and unnatural ab- sence of sensibility if, in appearing at the bar of the Senate of North Carolina, in obedience tO' the commands of the Rep- resentatives of the j>eople, charged, as we are, with the per- formance of so solemn a duty, that of the impeachment of the Governor of a great Commonwealth, were we not oppressed with the awful responsibilities of the situation ; but sustained by a consciousness of right, and calling to- the aid of our in- experience the experience of one of England's purest patriots and most distinguished statesmen, we proceed with more con- fidence than we would otherwise have. Permit us, Mr. President and Senators, to adopt almost the very language used by him under circumstances somewhat similar, and to ask : " What is it we want here to a great act of national justice?" "Do we want a cause?" "You have the cause of an oppressed people." " Do you want a crim- inal ?" " Where was there sO' much iniquity ever laid to the charge of any one?" Senators, " it is a prosecutor you want?" " You have before you the Representatives of the people of North Carolina." " Do you want a tribunal ?" Where will you find one superior tO' this ? Therefore it is that, ordered by the Representatives of the people of this Commonwealth, we impeach William W. Holden, Governor of the State of North Carolina, " of high crimes and misdemeanors in office." We " impeach him in the name of the Representatives of North Carolina whose national character he has dishonored." THE REFORM LEGISLATURE OF 1870-1871 ^^^ We " impeach him in the name of all the people of North Carolina whose laws, rights, and liberties he has subverted." We " impeach him in the name and by the virtue of those eternal laws of justice which he has violated." We impeach him in the name of human nature itself which he has cruelly outraged, injured, and oppressed; and in the name of the Representatives of the people do demand that the Senate organize a high court of impeachment and take order that William W. Holden appear at its bar to answer the par- ticular charges which the House of Representatives will in due time exhibit, and that the Senate do make such other and further orders in the premises as may seem to them best cal- culated to bring this trial to a just and speedy conclusion; and in conclusion, the House of Representatives, through us, most heartily prays that God, the God of Eternal Justice, mav protect the right. On the nineteenth, the House appointed Thomas Spar- row, George H. Gregory, W. P. Welch, Thomas D. Johns- ton, C. W. Broadfoot, James G. Scott, and John W. Dun- ham as a board of managers. Welch and Johnston declined to accept and were replaced by R. P. Waring and Lee M. McAfee. F. N. Strudwick, who might have been expected on the board, was not chosen because of his connection with the Ku KIux, in order that all appearance of the impeach- ment's being a " Ku Klux prosecution " might be avoided.^ The House empowered the managers to employ counsel to assist them, and William A. Graham, Thomas Bragg, and Augtistus S. Merrimon were chosen for the purpose." ' Strudwick was much disappointed and deeply offended by this action. ^B. F. Moore was sought as counsel by both sides, but declined to serve. He was, however, heartily in favor of impeachment. He wrote his daughter at the time, " Holden's impeachment is demanded by a sense of pubHc virtue and due regard to the honor of the State. He is an exceedingly corrupt man and ought to be placed before the people as a public example of a tyrant condemned and punished." -44 RECONSTRUCTION IN NORTH CAROLINA Throughout the campaign and after the election, the Con- servatives had constantly assured the negroes that no harm to them was intended, but the Republicans had at the same time assured them that not only would they be deprived of the suffrage, but that slavery would be restored.^ Conse- quently, there was much uneasiness among the negroes gen- erally and on December 19, the colored members of the legislature, seventeen in number, issued an address to the colored people of the State. In figures drawn from the Old Testament, they compared the Conservative majority in the legislature to Haman, Holden to Mordecai, and themselves to the persecuted Jews, and called upon their race to take action to avert the evils which threatened them. Said they : Tlie only offense of Governor Holden, and that which has brought down the wrath of the dominant party upon him, is that he thwarted the designs of a band of assassins who had prepared to sacrifice this State in the blood of the poor people on the night before the last election on account of their polit- ical sentiments and to prevent them from voting. Because he dispersed this murderous host organized by the so-called Con- servative party, they propose to destroy him. First propose to suspend him, then to go through with a mock trial before the Senate as they have already done before the House, where a true bill has been found without taking testimony. After impeachment his enemies will not be satisfied until he is hanged, unless happily their own gallows should overtake them. When Governor Holden is disposed of, those whom he protected will be the next victims. For the blood of one man will not satisfy their thirst. They are mad because Reconstruc- tion measures have triumphed and we are permitted to repre- sent you in this body. They are mad because we refuse to bow the knee to them. ' Referring to the fact that a Republican had voted for impeachment, a negro member of the legislature said, "The governor has been bit by his own dogs." THE REFORM LEGISLATURE OF 1870-1871 ca^ In consideration of these supposed facts, they recom- mended that Friday, January 13, 187 1, be set aside as a day of fasting and prayer to God in behalf of the governor." Soon after his impeachment, Governor Holden was con- verted and was publicly baptized. Little public notice of this was taken in the State from a feeling of delicacy, but the Northern press had much to say on the subject in a very caustic vein.^ On December 19, the House adopted eight articles of im- peachment. In brief, they were as fohows: Article i. Raising unlawful armed bodies of troops and causelessly declaring the county of Alamance in a state of in- surrection, and afterwards unlawfully arresting eighty-two citi- zens of the county and unlawfully detaining them, when there was no insurrection and when the civil officers of the law were in the full exercise of all their functions. Article 2. The same as to Caswell county with the arrest of eighteen citizens. Article 3. Unlawfully arresting, in the county of Orange, Josiah Turner, Jr., and imprisoning him. Article 4. Unlawfully arresting and detaining in the county of Caswell, John Kerr and three other citizens. Article 5. Refusing to obey the writ of habeas corpus in the case of Adolphus G. Moore. ' Sentinel, Dec. 30, 1870. There is strong ground for the behef that the governor himself suggested this move. *The New York Herald of December 20, 1870, said, "Governor Holden goes to impeachment as if he were going to be hanged. On Friday he professed religion and to-day he is to be baptized." Tlie Nation of December 22, 1870, said, " No record of any similar prepara- tion for impeachment is, we believe, to be found in the books, and the effect of it will be watched by jurists with deep interest." The New York World said, " That nasty tenderness which fondles the poor, dear murderer, and says the ravisher has been only too acutely moved by emotion capable of making him a grandsire in Israel if you let him go, is at work to defend Governor Holden of North Carolina." 546 RECONSTRUCTION IN NORTH CAROLINA Article 6. Refusing to obey the writ of habeas corpus in the case of John Kerr and eighteen other citizens of Caswell, county. Article 7. Unlawfully recruiting a large body of troops from flie State of North Carolina and the State of Tennessee and placing in command of them one Kirk and other desper- ate and lawless men from the State of Tennessee; unlawfully arresting and imprisoning John Kerr and many others ; hang- ing by the neck William Patton, Lucien H. Murray, and others ; thrusting into a loathsome dungeon Josiah Turner, Jr., and F. A. Wile)% and without lawful authority making his warrant upon David A. Jenkins, Treasurer of the State, for $70,000 or more, to pay the said unlawful troops. Article 8. Inciting and procuring the State Treasurer to disregard the injunction to restrain him from paying the sum of $80,000 or more out of the public treasury for the unlaw- ful purpose of paying his unlawful troops.^ The next day the board of managers, accompanied by the whole House went to the Senate and presented the articles. Whereupon Lieutenant Governor Caldwell va- cated his seat with a farewell speech to enter upon the duties of governor in accordance with the constitutional provision.* The Senate by a vote of twenty-four to eighteen appointed a committee to notify the chief justice, who, on the twenty- third, appeared and, after stating that he did not deem it necessary to take an oath and after swearing in the sen- ators as a court of impeachment, announced that the court was organized.'' A summons was at once served upon Gov- ernor Holden who, through his counsel, Richard C. Badger, asked for thirty days to prepare an answer and to employ counsel. This was granted and the managers were given 'This summary is taken from tlie Se?iHnel of March 22, 1871. ''Constitution of North Carolina, Article III, sec. 12. ^Impeachment, pp. 18-21. THE REFORM LEGISLATURE OF 1870-1871 r^-, six days to reply, and the date of the trial was set for Janu- ary 30, 1871/ On January 23, Governor Holden, through his counsel, R. C. Badger, J. M. McCorkle, Nathaniel Boyden, Williani N. H. Smith, and Edward Conigland," submitted his an- swer to the articles of impeachment. To the first article, was presented an elaborate answer containing a copy of Governor Worth's protest, which was claimed to be indica- tive of the state's attitude towards the reconstructed gov- ernment. Out of the protest, according to the answer, grew the later opposition to Holden's administration. The growth of the Ku Klux, the passage of a law against them, the governor's proclamation against them, and those de- claring Alamance and Caswell counties in insurrection were then recited. It was denied that the persons arrested had been ill-treated, and constitutional authority was claimed for all the governor's acts. To the second article, was op- posed the claim that all the persons were arrested upon probable cause. To the third article, it was denied that the arrest of Josiah Turner had been ordered elsewhere than in Alamance or Caswell, but it was admitted that orders had been given for his detention after arrest. The fourth article was answered as the first and second. In answer to the fifth, the suspension of the writ of habeas corpus was admitted, but the governor claimed that it was his intention to hold the prisoners only until they could with safety to the State be surrendered to the civil authorities, and he ' Impeachment, pp. 22, 23. ' This was a brilliant array of talent. Two were later on the Supreme Bench of the State, one as chief justice, and all were of exceptional .ability. Holden tried to secure Vance as counsel, but without suc- cess. He also made an effort to add; Benjamin F. Butler, but the latter declined to serve. Why anyone who could realize the value cf Vance in such a case should have sought to prejudice his case by tl e employment of Butler is inexplicable. 548 RECONSTRUCTION IN NORTH CAROLINA claimed constitutional and legal justification. The sixth article was answered similarly to the others. The answer to the seventh denied that the troops had been raised in Tennessee, but claimed that as within the governor's power. He denied that portion of the article relating to his drawing the money from the treasury. To the eighth article was sub- mitted a denial and a demand for proof. The next day the replication of the managers was pre- sented. It consisted of a general denial of the governor's answer.^ On January 30, the managers asked leave to amend the eighth article and, after some objection by counsel for the governor, it was granted. But as this made a change neces- sary in the answer to that article, time was granted for that purpose. AVhen the Senate re-convened, L. C. Edwards, of Granville, appeared and when he was called forward to be sworn, his right to sit on the trial was challenged by the counsel for the respondent. A long argument followed, but the chief justice decided that Senator Edwards was entitled to be sworn in as a member of the court." On the same day the final oath was taken by the Senate, and on the next day, the trial began. In no State up to this time had a governor been impeached, and the case presented many points where a need of pre- cedents was felt. Both sides relied extensively upon the reports of the impeachment trial of President Johnson, each interestingly enough from the other's previous viewpoint. On February 2, Thomas Sparrow opened the case for the managers, outlining the charges as contained in the articles and stating more definitely what the managers intended to prove. The examination of witnesses for the managers then began and lasted until February 18, during which time ^ Impeachineiit, p. 57. ''Ibid., p. 100. THE REFORM LEGISLATURE OF 1870-1871 ^40 fifty-seven witnesses were heard. The evidence all went to prove beyond doubt the main contentions upon which im- peachment was based. The undisturbed exercise of juris- diction by the courts in Alamance and Caswell was proved by many, and the statements of the articles as to the use of the troops, their illegal character, and the responsibility of the governor in their employment and payment were sub- stantiated. The evidence also indicated that the governor had ordered Turner's arrest, but the defence had secured the removal of all the records of the telegraph office just before the trial, and they could not be used.^ A number of interesting questions as to the admission of evidence arose during the trial. On the ninth day, during the cross-examination of one of the witnesses, the counsel for the respondent asked him if he knew of the existence in Alamance of the Ku Kdux, White Brotherhood, or Constitu- tional Union Guard. The managers at once objected and an extensive argument, lasting three days, followed, in which Graham, Bragg, and Merrimon for the managers and Conigland, Boyden, and Smith for the respondent addressed the court, the former maintaining that, as the question at issue was the fact of the existence of an insurrection in Ala- mance, before any evidence was admitted upon the subject, it was necessary to show some overt act of resistance to gov- ernment, and no evidence on the subject of riots and murder could have any bearing. No combination or conspiracy, unless directed against the government, bore any relation to the fact at issue. The counsel for the governor argued that the secret societies existed for the purpose of resisting the government in the enforcement of the law and were, therefore, treasonable. In addition, they argued that the act of January 29, 1870, gave the governor discretionary ^Impeachment, pp. 918-32. 550 RECONSTRUCTION IN NORTH CAROLINA power in declaring a county to be in a state of insurrection, and therefore it was only necessary to show that the gov- ernor acted with good faith to secure his acquittal. This latter argument met with great opposition from the man- agers, who insisted that the act was unconstitutional and that the governor, under the constitution, could never be irresponsible. Both sides took advantage of the argument to wander from the direct point at issue. ^ The chief jus- tice decided that the evidence was admissible as tending to disprove the allegations of falsehood, corruption, and wick- edness on the part of the governor.^ Later in the trial, the counsel for the respondent objected to an attempt on the part of the managers to show the bad character of the persons who were victims of the Ku Klux by way of proving that the Ku Klux outrages were not of a political nature. The chief justice decided that the testi- mony was admissible." On another occasion, counsel for the respondent objected to the admission of newspaper articles as proof in reference to the governor's knowledge of the treatment of the prisoners. Again the chief justice decided in favor of admission. In almost every case of dis- pute, the decision of the chief justice upon appeal was ac- cepted by the court. On February 9, the House of Representatives adopted a ninth article of impeachment, charging the governor of con- spiracy with George VV. Swepson to defraud the State by the wrongful issue of bonds to the western division of the Western North Carolina Railroad. It was adopted by a vote of 74 to 9 and disappears from view, neither the jour- nal nor the press ever mentioning it again. Why it was never presented cannot be ascertained. '^Impeachment, pp. 302-474. 'Ibid , pp. 475-77. '^ Ibid., p. 508. THE REFORM LEGISLATURE OF 1870-187 1 cqi On February 23, Edward Conigland opened for the re- spondent. He was an orator of great power, full of fire and energy, and thoroughly Celtic in temperament. He had long been regarded as one of the ablest members of the bar of the State and his opening speech was awaited with great interest. With an impressive warning of the danger of prejudice in the prosecution of political offences, he called the attention of the Senate to the action of Fessenden and his Republican associates in the trial of President Johnson, and urged them to follow the example thus set. Alluding to the intense feeling in the State he characterized the action of the House in employing counsel to assist the managers as political persecution to which the mass of the people were opposed. He also criticized the House for its failure to spend a long time in investigation of the charges against the governor. This was clever argument but not of great weight in view of the general knowledge of the governor's part in the events of the preceding summer. He turned from his argument to declare that there was no purpose on the part of the respondent to cast any reflection upon the memory of Governor Worth. This was done to allay the criticism which had arisen after the filing of the governor's answer. Conigland then declared the purpose of the defence to prove the existence of secret associations in Ala- mance and Caswell, having a common purpose to subvert the laws by threats, intimidation, acts of outrage, and mur- der ; that they had committed many outrages in those coun- ties, including six or seven murders; and that they exercised such an extensive control within those counties that wit- nesses could not be induced to testify or grand juries tO' present, in consequence of which the ordinary administra- tion of the laws had become inadequate to protect life, lib- erty, property, and the public peace. This, he claimed, would be sufficient for the defence. He denied that the constitu- 552 RECONSTRUCTION IN NORTH CAROLINA tion by insurrection meant only open resistance to the gov- ernment, and insisted that under no rule of justice could the governor ie held responsible for the execution of an un- constitutional statute. His denunciation of secret political societies was perhaps the best part of his speech and with- out doubt struck a responsive chord in most of his hearers. He closed with an eloquent appeal for fairness.^ The defence then commenced to offer testimony. One hundred and thirteen witnesses were examined, many of whom were colored. The evidence showed clearly the ex- istence of the secret societies and their illegal activity, but the defence was unable to prove any purpose to resist the government or the processes of the courts. The managers objected to the introduction of Governor Worth's protest, but, after considerable argument, the chief justice decided against them, and the Senate accepted his ruling. The man- agers also objected to the introduction of Governor Hol- den's inaugural address, and the chief justice decided that it was not admissible. Another argument took place when the letter to Dr. Pride Jones was offered in evidence. Judge Pearson ruled in its favor and, upon appeal to the Senate, was sustained.^ The two most interesting witnesses among those examined during the entire trial were Josiah Turner for the managers and James E. Boyd for the respondent. Turner was still being lionized for his share in the events of the summer and was in his element upon the stand. He gave a vivid account of the treatment he had received and, when ques- tioned as to his relations with and feeling towards the gov- ernor, spoke so freely and frankly that Governor Holden, who had been present at the trial to that time, left and did not return.^ Boyd's notoriety during the campaign was ^Impeachment, pp. 1039-1089. ''Ibid., p. 1158. 'Holden went to Washington, where he soon became the editor of the Chronicle. THE REFORM LEGISLATURE OF 1870-1S71 ^^^ largely the reason for the interest felt in his testiinony. Upon cross-examination, he suffered severely in spite of much turning and twisting on his part. The counsel for the governor attempted to prevent questions as to his ac- tivity as counsel for the governor in prosecuting the Ku Klux, on the ground that he could not be forced to reveal what had passed between his client and himself. But it was brought out clearly by the managers that his fee was paid from the treasury and that the relation was, therefore, pub- lic and not personal. The chief justice decided that the questions were permissible.^ Boyd, since his exposure of the Ku Klux and during his testimony had posed as one who had opposed the Ku Klux from the time he had found out its real nature, which was just after he joined it. But he was forced to admit that he had made the suggestion to his " camp " that it should enter politics and that the propo- sition was voted down.^ The testimony for the respondent was closed on March 14, the thirty-seventh day of the trial. The case had been conducted thus far without any indications of partisanship. The position of the chief justice had been particularly try- ing, and he had apparently filled it with great honor to him- self and without any leaning to either side. But, according to two of the governor's counsel, he advised them as to pro- cedure and points of law throughout the trial, and thus added additional shame to his record in the whole matter.^ The cross-examination of the witnesses was conducted by Badger and Merrimon for their respective sides and both displayed unusual ability. William A. Graham spoke first for the managers. He ^Impeachment, p. 1633. ''Ibid., p. 1641. ' Boyden and Badger were the counsel alluded to. They informed Holden of the facts in the case after the trial. 554 RECONSTRUCTION IN NORTH CAROLINA made no attempt at oratory but with great power he de- fended the employment of counsel by the managers, on the ground that members of the legislature could not spare the time for the preparation of such a case. He also took oc- casion to dissent from the view that Congress would inter- fere with the State on account of the conviction of the gov- ernor. He then proceeded to an elaborate review of the tes- timony which he summed up in a masterly and logical way, and demanded a verdict for the people.^ On March i6, the Senate adjourned on account of the illness of Nathaniel Boyden, who had intended to speak on that day. He spoke on the following day, devoting a large part of his speech to discussion of the various legal authori- ties and to an argument on the impossibility of holding the governor responsible for his execution of an unconstitu- tional law.^ W. N. H. Smith followed and closed for the respondent. He laid stress on the alleged absence of evil intent and de- nied that a conviction could be obtained without proof of this. He then sought to show the right and duty of the gov- ernor to call out and use military force, provided an exigency existed which made it seem necessary, and that the procla- mation declaring the insurrection had been rightfully issued and under the requirements of the law, and that the force employed was regularly organized and officered according to law. He also sought, illogically it would seem to a lay- man, to justify the refusal to obey the writ of habeas corpus, acknowledging at the same time that the privilege of the writ could not be legally suspended.* By many, this speech was regarded as the ablest delivered during the trial. Thomas Bragg closed the case for the managers. He ^Impeachment, pp. 2270-231 1. ''Ibid., pp. 2317-2366. ^Ibid., pp. 2367-2438. THE REFORM LEGISLATURE OF 1870-1871 ^^^ called attention to the appeals for acquittal which had been made to the senators on the ground of policy and condemned the intimations of unfairness made by counsel for the re- spondent. Said he : Senators, I have not the least doubt whatever that notwith- standing all this, you will do as you have done heretofore — render a fair and just verdict as you have given the accused a fair and impartial trial. If he is not guilty under the articles which have been preferred against him, in the name of God let him go free ; but if he be guilty, — in the name of all that is right and just, pronounce him so, without regard to conse- quences. Senators, this is no party trial, no trial in which the political foes of the accused seek to obtain over him a political victory, and punish him for political purposes. It is a trial in which the principles of civil and constitutional liberty, handed down to us by our forefathers, are involved, and the question whether those great principles are to be maintained or whether here- after they are to be regarded as mere mockery. He denied that in an impeachment for malfeasance in office there was any necessity for showing corruption or malice. The nature of the act rather than the intent was the main question. Taking up the charges contained in each article, he summed up with great power the evidence proving them and demanded conviction. An order was at once adopted for a vote on the articles on the following day with a week's time allowed for sen- ators to file opinions. Tremendous interest had been dis- played throughout the trial, and the galleries were crowded all the time. Governor Holden, as has been mentioned, was present during the first part of the trial. At times, the evi- dence was such as to affect him powerfully and he would sigh, groan, and shudder. Before the close of the trial he went to Washington where the " outrage committee " of the 556 RECONSTRUCTION IN NORTH CAROLINA Senate was in session and where he occupied himself with arousing sentiment against the State. He was entirely con- fident at first, so it is said, that he would be acquitted, but as the trial proceeded, he lost hope. Every attempt was made by his friends to secure an acquittal, and talk of a compro- mise was everywhere, the Republicans asserting that the withdrawal of the articles would mean the removal of Vance's disabilities. Such talk showed small knowledge of the temper of the people of the State. On March 22, the vote was taken. Only one senator, Flythe, of Northampton, a Republican, was absent. Each article was read and the roll-call followed. The governor was convicted on all the articles except the first two. The vote was as follows : Guilty. Article. Dem. Rep. Total. I 30 30 2 3^ 32 3 36 i' 37 4 33 33 5 36 4' 40 6 36 5' 41 7 36 36 8 36 36 Not Guilty em. Rep. Total 6' 13 19 4' 13 17 12 12 3' 13 16 9 9 8 9 13 13 13 13 The chief justice announced the result, and Sparrow then rose and said, Mr. Chief Justice and Senators: It having been announced by the chair that the defendant ' Cook, Cowles, Flemrning, Gilmer, Norment, and Speed. 'Cook, Cowles, Flemrning, and Norment. ' Moore. 'Cook, Cowles, and Flemrning. 'Hawkins, Lehman, McCotter, and Moore. ^Barnett, Hawkins, Lehman, McCotter, and Moore. THE REFORM LEGISLATURE OF 1S70-1871 557 has been convicted on six of the eight articles of impeachment preferred against him, the managers, speaking through me as their chairman, and in the name of the House of Representa- tives, and of all the people of North Carolina, demand that the court proceed to judgment against the respondent in this his conviction. Senator John W. Graham, of Orange, offered the fol- lowing resolution which was adopted by a party vote : ^ The State of North Carolina. The Senate of North Carolina. March 22, 1871. The State vs. William W. Holden. Whereas, The house of representatives of the State of North Carolina did, on the 26th day of December, 1870, ex- hibit to the senate articles of impeachment against William W. Holden, governor of North Carolina, and the said senate, after a full hearing and impartial trial has, by the votes of two-thirds of the members present, this day determined that the said William W. Holden is guilty as charged in the 3d, 4th, 5th, 6th, 7th, and 8th of said articles : Now therefore, it is adjudged by the senate of North Caro- lina sitting as a court oi impeachment, at their chamber in the city of Raleigh, that the said William W. Holden be removed from the office of governor and be disqualified to hold any office of honor, trust, or profit under the state of North Carolina. The rights of the people of North Carolina had been vin- dicated, and a part of their grievous injuries had been avenged. Not soon again was the State to be at the mercy of the ambition and partisan hate of a few reckless men. Not soon again would a public officer disregard the law and ' Senator Moore, a Republican, announced that he voted against it only on account of the disqualifying clause. 558 RECONSTRUCTION IN NORTH CAROLINA the constitution to the injury of the whole people. The second step in the overthrow of Reconstruction was com- plete. 3. LEGISLATIVE ACTIVITIES The legislature assembled with a clearly defined intention of speedily undoing as much as possible of the work of Reconstruction, in so far as it affected the prosperity and comfort of the people. Important among the reforms planned was the inauguration of the regime of economy. In connection with this, it was hoped that some settlement of the debt might soon be made, but many of the members wanted delay in this and finally prevailed, chiefly because there was no possible solution other than in repudiation. A committee was appointed to ascertain what the debt amounted to, but further than this nothing was done. Gov- ernor Holden in his message advised the scaling of the debt, though he denied that he favored such a policy, de- claring that the people would not consent to be taxed two and a half million dollars annually, which was his estimate of the amount necessary to pay the interest and carry on the state government. The wish of the people, he said, should be supreme. The best indication of the temper of the legislature in regard to a portion of the debt is to be found in an act directing the treasurer to use the special tax fund to pay the ordinary expenses of gov- ernment.^ In connection with the bonds, a commission to investigate the charges of fraud, consisting of William M. Shipp, J. G. Martin, and J. B. Batchelor, was appointed and made a long investigation, which ftirnished most of the ma- terial relating to North Carolina financial history during the period. One cannot but feel, however, that the inves- tigation might have been made more exhaustive with profit 'Laws, 1870-1871, chap. xix. THE REFORM LEGISLATURE OF 1870-1871 ^^g to history, though the results would doubtless have been disastrous to certain members of the Conservative party. ^ In pursuance of the program of economy, the salaries of the state officers and the number of employees w&r& greatly reduced. The salaries of the superintendent of public works and the adjutant-general, for instance, were reduced to $300, and their offices practically destroyed. It was pro- posed to do the same for the superintendent of public in- struction, but wiser counsel prevailed and the salary was only reduced to $1,500. On salaries alone there was an annual saving of $13,520. The per diem of the members of the legislature was reduced to five dollars. A majority of the Conservatives wanted it placed at four dollars, but the rest, aided by the Republicans, placed it at the former figure. The office of state printer was abolished and the disposition of the printing put in the hands of a committee, and the code commission was forbidden to make any con- tracts for printing. The fees of county officers were greatly reduced and a large saving effected in that way.^ The special city courts for Wilmington and New Bern were abol- ished and the old special county courts restored. On the second day of the session, the repeal of the Shoff- ner act was proposed. This was the first bill introduced in the House. Its mover was F. N. Strudwick, of Orange, and the Republicans at once denounced it as Ku Klux legis- lation. It passed, however, with but little opposition.^ A partial offset to this in the minds of many was the passage of an act forbidding the existence of secret political socie- ties. The law was very stringent and even forbade drilling 'M. S. Robins and Judge George Howard were elected to the com- mission, but declined to serve. ''Laws, 1870-1871, chap, cxxxix. "The vote was: Senate, 32-7; House, 79-23. ^50 RECONSTRUCTION IN NORTH CAROLINA except by the militia or military schools/ Approval of this act was very general in the press. The Raleigh Telegram, commenting upon it, said, " The leagues of the Republicans and the klans of the Conservatives have already damaged the material interests of North Carolina beyond computa- tion, and their influence will be felt for years to come. The impeachment trial, now progressing in the State Capital, originated in the organization of these two opposing asso- ciations, and over one-half the lawlessness of the State can be traced to their closed doors. It behooves the good men of both parties to repudiate and condemn them. Laws should be passed prohibiting them. They bode no good to a people. They are a nuisance and an utter abomination and, if continued, will undermine our liberties and subvert the government." ^ Other laws with the same general purpose were ones de- fining contempt more clearly and limiting the power of the judges; ^ allowing challenge at the polls and requiring resi- dence in the township as a prerequisite for voting; * requir- ing voters in municipal elections to be electors and to have resided ninety days in the corporation and ten days in the ward; " holding judges strictly liable for refusal or failure to grant and have executed the writ of habeas corpus;^ making burglary and arson capital crimes f requiring under heavy penalties the presidents of railroads in which the State had an interest to account to their successors ; ^ pro- viding severe punishment for defaulting railroad officials; ' '^ Laws, 1870-1871, chap, cxxxiii. The vote was: Senate, 42-1; House, 85-14. The opposition came entirely from Republicans. 'Issue of Feb. 10, 1871. '■Laws, 1870-1871. chap, ccxvi. *Ilnd., chap. cxii. ''Ibid., chap. xxiv. "'Ibid., chap, ccxxi. ^ Ibid., chap, ccxxii. ^ Ibid., chap. Ixxii. ''Ibid., chap. ciii. THE REFORM LEGISLATURE OF 1870-1871 c5j making the definition of bribery broader; ^ and taking from the governor the power to appoint state proxies and state directors and giving it to the president of the Senate and the speaker of the House. ^ In connection with this last-mentioned act, it may be weh to digress for a moment and show its results. The power of appointment was exercised by the president of the Senate and speaker of the House, who appointed full boards for the various state institutions and directors for the state rail- ways. In a number of cases, the old boards declined to yield, and suits were brought to determine the matter. In all of them the Supreme Court decided in favor of the old boards on the ground that the legislature could not deprive the governor of any of his constitutional powers.^ Resolutions were passed directing the governor to fur- nish the names and salaries of the detectives, and to take all necessary steps to secure the arrest of Swepson and Little- field. A committee to investigate the conduct of John Pool in relation to the Kirk-Holden war was appointed, the pre- amble of the resolution being a bitter censure of Pool's recent career. The report of the committee, based chiefly upon the testimony of R. C. Badger, was never acted upon, but, showing Pool's responsibility, produced the political effect desired. * From the beginning of the session, public demands for the impeachment of different officials were frequent, but the leaders were not anxious to make too clean a sweep, even if the punishment was deserved. Probably for this reason Judge Watts was not impeached, though a committee was appointed to investigate his conduct. As has been seen, ^ Laws, 1870-1871, chap, ccxxxii. ^Ibid., chap, cclxxxii. 5 Clark z/. Stanly, 66 N. C, 59. * Sentinel, April 8, 1871. 562 RECONSTRUCTION IN NORTH CAROLINA Chief Justice Pearson was saved by his old students. But there was no question that Judge Jones would be impeached and he only hastened matters when he forced his case upon the attention of the legislature by making a brutal assault, while intoxicated, upon a negro strumpet who was in his room. She promptly had him indicted, and a committee of investigation, which was at once appointed, found that his whole life and conduct had been such as to make him an outcast from the society of decent men. He was promptly impeached, thirteen intense Republicans voting against the resolution; five articles of impeachment, charging him with so many cases of public drunkenness, were drawn up; and a board of managers appointed, headed by S. F. Phillips, the Republican leader in the House. The Senate had organized as a court of impeachment, when a number of leading Re- publicans, including Chief Justice Pearson and Judge Rod- man, induced Jones to resign. Governor Caldwell, in shin- ing contrast tO' another contemporary chief executive, de- clined to accept the resignation, since impeachment proceed- ings had already commenced, and referred the matter to the House, which immediately withdrew the articles, and the court of impeachment adjourned. But for the expense, Jones would have been tried as a public example. To suc- ceed him. Governor Caldwell appointed A¥. A. Moore, the speaker of the preceding House. About the same time, Judge Settle was appointed minister to Peru, and Nathaniel Boyden succeeded him on the Supreme bench. The term of Senator Abbott was to expire in March, 1871, and one of the first things before the legislature was the selection of his successor. M. W. Ransom, W. A. Gra- ham, E. J. Warren, Thomas Bragg, A. S. Merrimon, and Z. B. Vance were all mentioned for the place. The chief objection to Vance was the fact that he was laboring under disabilities, but he was confident that they would be re- THE REFORM LEGISLATURE OF 1870-1871 ^5^ moved, and demanded the election. His chief competitor was Ransom, and only the great popularity of Vance se- cured for him the caucus nomination, and that only after twenty-seven ballots and by a majority of two. On Novem- ber 30, he was elected over Abbott by a vote of 95 to 43, and shortly thereafter a resolution was passed requesting Congress to remove his disabilities, the same request being made a little later for S. H. Rogers and A. M. Waddell, who had been elected to Congress. Still later, a petition was made for general amnesty. Vance had said repeatedly that he would resign if he was not relieved. During the closing session of the 41st Congress he was not relieved and Sen- ator Abbott succeeded in getting protests against any action sent in by meetings of negroes in Wilmington, and at the opening of the next Congress, claimed the seat on the ground that Vance's election was void, since he was banned, and that therefore, since he himself had received the next largest number of votes, he was entitled to the seat. His claim was one of great impudence, for he was not only not the choice of the State, but his own party voted for him only because he had no chance of election. Otherwise Settle or Phillips, each of whom had his eyes upon the Senate, would have displaced Abbott. As time passed and Vance was not rendered eligible, opposition to him came to the surface. Finally, in March, a negro member introduced a resolution requesting his resignation. This was referred and ignored, but a week later, a Conservative member in- troduced a similar resolution which was debated at length in the caucus. There Cowles read a letter ^ from John Pool, expressing his certain belief that Vance would soon be re- lieved, and the resolution was defeated. In the meantime, there was quite a widespread demand in the press for his 'This letter and a full account of the caucus are to be found in Sen. Mis. Docs., no. 47, p. 346. 42 Cong., 2 sess. 564 RECONSTRUCTION IN NORTH CAROLINA resignation and on March 20, he sent a letter to the Raleigh Telegram in which he said that his pledge to resign had been made only to his friends. A bill for his relief had already passed the Senate, but it never came up in the House, A number of Democratic senators asked him to resign, but he refused, though some important Republican measures passed which might have been defeated by one more Demo- cratic vote. The party suffered from the situation, and Vance made many enemies. The matter of constitutional reform had been a burning one since the last meeting of the legislature and naturally came up for discussion early in the session. Bills on the subject were introduced into both houses, and in Decem- ber, the Senate committee on constitutional reform reported one favorably which, after reciting the need of amend- ment of the constitution, directed the governor to issue a proclamation submitting to the people, on April 13, the c[uestion of a convention, and providing for the election of delegates at the same time. Under the terms of the act, the convention was to be restricted by being forbidden to touch the homestead and personal property exemption clauses, to deprive colored persons of their rights, to com- pensate former owners of slaves, to recognize the war debt, to restore corporal punishment, to abolish the public schools, to require an educational or property qualification for voting, to change the ratio between the poll and property taxes, to pass any ordinances of a legislative nature, except for a settlement of the public debt, to change in any way the mechanics' and laborers' lien, and the clauses declaring that there was no right of secession and that the paramount allegiance of every citizen is due the United States. All amendments had to be ratified by the people. When the bill came up for its final reading in the Senate, Lieutenant Gov- ernor Caldwell stated that he believed a two-thirds majority THE REFORM LEGISLATURE OF 1870-1871 r5r necessary, and asked the opinion of the Senate on the ques- tion. The Senate voted 28 to 12 that an extraordinary ma- jority was not required, whereupon Caldwell vacated the chair, and the bill passed 28 to 15. A month later, the bill passed the House 65 to 46. The question was a pretty one, for the constitution provided that the legislature could not call a convention except by a two-thirds vote in each house. No other method was mentioned. On the other hand, the original constitution of North Carolina had not provided any method and the convention of 1835 had been called by the vote of the people after the question had been submitted to them by the legislature. It had been a generally accepted doctrine in the State that the right of the people to call a convention could not be taken away, and the best lawyers in the State upheld the position of the leg'islature.^ A few days after the passage of the bill, one hundred and four Conservative members of the legislature issued a state- ment urging the people to vote a convention and mention- ing, as the changes most necessary to reform, a return to the old system of county government, a reduction of the number of officers, and some settlement of the public debt other than by taxation. In the meantime. Governor Cald- well, who had succeeded Holden, asked the opinion of the Supreme Court on the question. Changing their ideas of judicial propriety to suit the occasion, all of the justices except Reade replied and declared the act of the legislature unconstitutional. The governor then called together a num- ber of party leaders and, after consulting them, notified the legislature that he would not issue the proclamation. He, too, had changed, for, in the legislature of 1850, he had voted to submit the question of a convention to the people 'For an exceptionally strong defence of the legislature, see B. F. Moore's testimony, Senate Ku Kliix Report, p. 211. 566 RECONSTRUCTION IN NORTH CAROLINA by a mere majority/ His message was followed by a sharp burst of anger from the Conservatives in the legislature and from the Conservative press. A resolution of cen- sure of the governor and the four justices was passed, and a little later, a new convention bill, which ignored the governor and directed the sheriffs to hold the election, was also passed.^ The election \yas set for August and the campaign began at once. The legislature adjourned in April, after a session of ninety-seven days, and a ma- jority of the members hastened to enter the contest. Both parties were exceedingly active, the Republicans retaining their old organization with S. F. Phillips as chair- man in place of Holden, and the Conservatives forming a special committee headed by Thomas Bragg. Phillips wrote the Republican address, which, after declaring the law unconstitutional, defended the constitution of 1868, and warned the people that tampering with it wottld be dan- gerous and certain to bring immediate federal interfer- ence.'' In 1866, he had taken the ground that the people could by ratification validate a constitution drawn up by an unconstitutional body. The Conservative address empha- sized the need of reform and defended the method of call- ing the convention.* Many Republicans in the legislature were personally in favor of a convention but did not dare to vote in opposition to the party leaders. As the campaign progressed, others expressed themselves favorably on the question. E. W. Pou favored a change if only for the reason that the exist- ing constitution was not the work of the people of North ^Journal, p. 300. ■Laws, 1870- 1871, chap. ccxi. The vote was: Senate, 34-12; House or -40. 'Sentinel, June 23, 1871. 'Ibid., May 18, 1871. THE REFORM LEGISLATURE OF 1870-1871 567 Carolina/ Nathaniel Boyden also wanted a change. The Conservative leaders, almost without exception, favored the movement and the press was overwhelmingly favorable, but as the press was overwhelmingly Conservative, that was to be expected." Against the convention, the Republicans threw all the weight of their iniiuence. Judge Dick took the stump, as did most of the other politicians connected with the administration.^ Attorney General Akerman came down from Washington and joined in the campaign, warn- ing the people, that if a convention was called, Congress and the President would withdraw their recognition from the State. The Standard, claiming to have definite infor- mation upon the subject, gave the same warning. The Con- sei'vatives continued to appeal to reason with perfectly sound arguments on the need of reform, and the necessity of economy, but the Republicans beat the bushes with threats of a new Reconstruction and warnings that the homestead would be lost, the colored people deprived of their new rights, and the State bankrupted by the expense. Federal officials threatened violators of the revenue laws and those suspected of membership in the Ku Klux. Need- less to say, the latter arguments were most effective. When the results of the election became known, the Con- servatives, to their great dismay, found that they had lost and that the convention was defeated. The election figures were : For Convention 86,007 Against Convention 95.252 Voting Population 237,800 Registered 196,568 Not Voting 15,309 Not Registered 41 ,232 Majority against Convention 9,245 ^Sentinel, June 3, 1871. '' There were thirty-six political papers in the State. Twenty-seven Conservative papers favored a convention, seven Republican and two so-called independent papers opposed it. ''Greensboro Patriot, July 6, 1871. 568 RECONSTRUCTION IN NORTH CAROLINA Forty-one counties gave majorities for and forty-nine against the call. The vote for delegates gave the Conser- vatives sixty-one and the Republicans fifty-nine. The ag- gregate vote for Conservative candidates was 84,300 against 74,510 for their opponents. Here was to be found almost the only grain of comfort for the Conservatives, in that it was apparent that a majority of the voters preferred Con- servative candidates. The failure of the convention made the second session of the legislature an important one. In October, the Conser- vative executive committee published an address urging amendment by legislative action and suggesting certain im- portant changes, chief of which were those providing for the abolition of certain offices, the reduction of salaries, the removal of the University from the control of the board of education, and the striking out of the clause making the public debt inviolable.^ The address also advised full affili- ation with the national Democratic party. On the first day of the session, a bill providing for these and other amendments was introduced and referred to a joint committee which later reported a bill which passed both houses by the three-fifths majority required by the constitution. The Republicans voted almost solidly against it.^ It provided for striking out the provisions relating to the state debt, the township system, the state census, the code commission, the superintendent of public works, and for the reduction of the number of Superior and Supreme Court judges, for a biennial election of members of the legislature and biennial sessions with compensation of three hundred dollars for the entire term and ten cents mileage, for placing county government in the hands of the legisla- ''^ Sentinel, Oct. 30, 1871. ^ Three Republican members of the House voted for the bill. THE REFORM LEGISLATURE OF 1870-1871 ^5^ ture, and for a prohibition of holding a plurality of offices. The suggestions mentioned above were also included. One of the most interesting matters which came before the legislature was the case of Judge Logan. He was vio- lently unpopular in his district, partly because of his politi- cal activity which was, however, unusually well concealed, but more on account of his lack of C[ualifications for his position. In April, 1871, he exhibited great cowardice, or pretended to do so for political effect, and refused to hold court at Shelby.^ His letter, giving a highly-colored ac- count of conditions in the State, was published in Wash- ington and shortly thereafter, David Schenck, of Lincoln, a prominent lawyer, wrote a letter to Senator Blair in which he used the following language concerning Logan: " I-Ie is an ignorant, corrupt, vile man whom no one respects and for whom the whole bar have a sovereign contempt." This was also piiblished, and Judge Logan promptly disbarred Schenck for contempt, only to have his action reversed by the Supreme Court." In the meantime, a petition declaring Logan's utter in- competency, had been drawn up by the bar of his district and signed by thirty-one lawyers, including the only two Republicans there, exclusive of the solicitor, who was fav- orable to the movement, but declined to sign the petition from motives of delicacy. This was presented and referred to a committee which declared him disqualified through ignorance and an inefficiency which amounted in effect to a denial of justice to his district. The testimony of the witnesses, among whom were Rufus Barringer, W. H. Bailey, and Judge Boyden, all Republicans, made it clear that he was unfit. The matter was again referred and a ' For a full account of this matter see infra, pp. 575-6. ''Ex parte Schenck, 65 N. C, 353- 570 RECONSTRUCTION IN NORTH CAROLINA resolution of impeachment was later introduced, and de- feated after considerable debate, which showed that the chief grounds of opposition were the expense attendant upon a trial and the fact that it would be regarded outside the State as a Ku Klux prosecution, since others guilty of as serious offences were allowed to escape. Quite a number of important laws were passed at this session. A genuine attempt was made to bring about a settlement of the debt, and an act was finally passed which provided for the exchange of the corporation stocks held by the State for the bonds by which they had been acquired, except in the case of the special tax bonds and where the stock was specifically pledged.^ The c[uestion of the public debt was regarded by many as of primary importance. A bill providing for a compromise on all except the special tax bonds and those which had already been declared void passed the House, but failed in the Senate. A bill for flat repudiation also failed. The views of the members on the subject were very widely at variance many believing in repudiation ; a very few in paying the whole debt. A popu- lar suggestion was to pay the amount the State had received and repudiate the rest, the usual estimate of what had been received being half a million dollars. Other important legislation was a new school law, which strengthened the system greatly, ° and a re-apportionment of representation in both houses with some slight change in favor of the Con- servative party. The bill distributing senatorial represen- tation was frankly a gerrymander but made little change and was no more extreme than the apportionment made by the convention of 1868, which it replaced. The only im- portant change in the congressional districts was the re- moval of Warren County from the fourth to the second, which made of the latter a " black " district. ^Lams, 1871-1872, chap, xciii. '/6id., chap, clxxxix. THE REFORM LEGISLATURE OF 1870-1871 571 During the year, no steps had been taken in Congress towards the removal of Vance's disabilities. Much feeling was excited in certain quarters by his retaining the senator- ship when all hope of his being seated had disappeared from everyone else, particularly when an additional Democratic vote would count in the legislation then before Congress. A resolution asking for his resignation was introduced in the House but was never allowed to come to a vote. Finally, just before the close of the session, he resigned, and M. W. Ransom was elected. Then only did the Senate committee report adversely to Abbott's claim to a seat. A minority report was presented by Senators Rice and Carpenter, but the majority report was adopted and Ransom seated, John Pool and nine others voting for Abbott. Towards the close of that session of Congress, Vance's disabilities were finally removed. CHAPTER FIFTEEN The Closing Years of Reconstruction i. the ku klux prosecutions On December i6, 1870, the United States Senate passed a resolution requesting the President to furnish it with in- formation regarding the organization of disloyal persons in North Carolina. In reply, President Grant, early in January, 1871, sent a mass of documentary material dating back to 1865, relating to disorder in the South, and a few days later, sent a letter from Governor Holden, dated Janu- ary I, transmitting various documents relating to the Ku Klux, and also sent numerous letters and reports from army officers stationed in the State, most of which were contradictory of the governor's claims. The message and papers were referred to a committee of five,^ which or- ganized on January 21, and a few days later began the taking of testimony, J. W. Holden being the first witness examined, followed by George W. Kirk and James E. Boyd, all of whom were already there for the purpose. The committee continued its sittings until March, and during that time, examined fifty-three witnesses, thirty-three of whom were Republicans and twenty. Conservatives. Ab- bott and Pool furnished the committee with the names of persons to be called as witnesses and, assisted by J. W. Holden, prompted the Republican members with questions. ' The members of the committee were Senators Scott, Chandler, Wilson, Rice, and Nye. 572 THE CLOSING YEARS OF RECONSTRUCTION 573 A large part of the testimony was hearsay, but from it, or rather with it, the majority succeeded in producing a re- port which declared the existence of the Ku Klux organi- zation, composed of Democrats with a political purpose which it carried out by violence, at the same time protect- mg its members from punishment by secrecy and perjury, and that the authorities of the State were unable to secure to its citizens life, liberty, and the pursuit of happiness. The minority were able to frame a very strong dissenting report, in which they denounced the investigation as a con- spiracy to restore Republican rule in North Carolina where it had so signally failed. They were, of course, unable to deny the existence of the Ku Klux organization, but de- clared it a natural result of Reconstruction. Both reports are good examples of partisan documents.^ On March 23, the President sent another message to Con- gress in which he said : A condition of affairs now exists in some of the States of the Union rendering life and property insecure, and the carrying of the mails and the collection of the revenue dangerous. The proof that such a condition of affairs exists in some localities is now before the Senate. That the power to correct these evils is beyond the control of State authorities, I do not doubt. That the power of the Executive of the United States, acting within the limits of existing laws, is sufficient for present emergencies, is not clear. He therefore recommended suitable legislation, and in pur- suance of his recommendation, an act to enforce the pro- visions of the Fourteenth Amendment became a law on April 20. This act, in which, as Professor Burgess says, " Congress simply threw to the winds the constitutional ' The reports, with the testimony, form a volume of 588 pages. See Senate Report, no. i, 42 Cong., i sess. 574 RECONSTRUCTION IN NORTH CAROLINA distribution of powers between the States and the United States Government in respect to civil liberty, crime and punishment," ignored the fact that the Fourteenth Amend- ment gave Congress power only against state action, and pro- vided for the arrest, trial, and punishment of individuals by the federal courts, and made all persons depriving another of rights under the Constitution liable to the party injured in heavy damages. It prescribed penalties for conspiring against the United States or for the hindrance of any of its laws. Penalties were imposed for going upon the high- ways in disguise with the intent to hinder anyone in the exercise of rights guaranteed by the Constitution. The President was authorized to take such measures as he might deem best to suppress the trouble, and was given power, when the civil authority was powerless to perform its func- tions, to proclaim any portion of a State or the entire State in a condition of insurrection and to suspend the writ of habeas corpus. Before the passage of this act, a joint committee was ap- pointed and began a prolonged investigation designed to furnish campaign material for the Republican party. ^ The results of the investigation were reported to the next ses- sion of Congress in thirteen volumes.^ Of it, Mr. William Garrott Brown says, " From these volumes, he who lives long enough to read it all, may learn much that is true, but not important; much that is important, if true; and some- what that is both true and important." Nineteen witnesses ' The members of the committee on the part of the Senate were Scott, Rice, Chandler, Bayard, Pratt, Blair, and Pool; on the part of the House, Poland, Maynard, Schofield, Farnsworth, Coburn, Lansing, Cox, Stephenson, Van Trump, Beck. Butler, Hanks, Waddell, and Robinson. Blair, Beck, Bayard, Cox, Van Trump, Waddell, Robin- son, and Hanks were Democrats. ''Ho. Report, no. 22, 42 Cong., 2 sess. This will hereafter be called Joint Report. THE CLOSING YEARS OF RECONSTRUCTION 575 were examined for North Carolina, of whom nine were RepubHcans, including three carpetbaggers and two ne- groes. The most notable witness was William L. Saunders, head of the Invisible Empire, who appeared before the com- mittee and declined to answer any question relating to the Ku Klux. He was bullied and threatened, but stood stead- fast and quietly defiant until the end, when he was dismissed without any action's being taken against him,^ though his case was referred to the Senate for action. In strong con- trast, was the testimony of David Schenck who, after avoid- ing appearance as a witness, suddenly developed a great eagerness to appear and unbosom himself of all that he knew in connection with the organization." Most of the testimony taken had to do with affairs in Cleveland and Rutherford which have already been described. When the news of the Justice raid reached Judge Logan, he saw an opportunity to use it for political profit. For some time, he had displayed uneasiness and fear of inter- ference by the Klan and had sent a representative in the person of Victor C. Barringer to President Grant to ask for the protection of federal troops. The answer had naturally been that any request for such aid must come from the governor. Logan now wrote to Governor Caldwell asking what he should do, stating that he had no confidence in the county officials of his district or in the militia, and expressing a desire for " blue coats." ^ When the Biggar- staff trouble arose, he at once notified the governor who asked for and obtained troops from the President.* Logan then found and complained of a new grievance in the fact ^ Joint Report, pp. 354-362. Waddell: Life and Character of IV. L. Saunders . ''Joint Report, pp. 362-414. ^Executive Correspondence, Caldwell, p. 36. ^Ibid., pp. 81, 84. 576 RECONSTRUCTION IN NORTH CAROLINA that the officers would not call upon him socially. Now when the Justice raid occurred, he wrote the governor a report of it in which he said that he could not hold the Cleveland court because of the danger to himself, and send- ing the letter to Raleigh, although he knew that the gover- nor was in IMorganton a few miles away, he directed the messenger to carry it on to Washington where it arrived at the psychological moment — just before the vote on the amnesty bill, which was probably defeated by the publica- tion of the letter. AVhen the news reached Shelby that the judge would not hold the court, the citizens of the town and county held a meeting and sent the sheriff with an escort to protect the judge, who, however, declined to come, although the solici- tor, W. P. Bynum, urged him to do so, assuring him that there was no danger. When the account of conditions in the West reached Governor Caldwell, he at once summoned a meeting of leading Conservatives and Republicans, and a special court was decided upon. Chief Justice Pearson urged that the best way to settle the trouble was to make Logan resign. The special court was never held. A little later a large number of influential Conservatives joined in an appeal to the people to put down lawlessness of every sort and to co- operate with the officers of the law in bringing offenders to justice. In the meantime, Judge Cloud and the attorney general went to Rutherford to look into conditions there. '^ By this time, Judge Logan's fears had apparently van- ished, and he was busily engaged in issuing bench warrants for every person whose name was brought before him. A large number were arrested and brought to Rutherfordton, where they were confined without trial or bail. The town ^Executive Correspondence, Caldwell, p. 93. THE CLOSING YEARS OF RECONSTRUCTION 577 was under military control with all the roads leading into it picketed to prevent any rescue of the prisoners. During the next two months, there was great activity on the part of the United States deputy marshals throughout the west. Over one hundred men were arrested, a large number of them without warrant, a number of them imprisoned with- out hearing or bail, and the rest examined before the United States commissioner, Nathan Scoggins, a recent Republican acquisition and a man of evil life and character who- was later removed from office for accepting bribes. The officer most active in the arrests was Joseph G. Hester, another person of ill fame who was later still more notorious for his activities in Alabama. Both had been Ku Kiux.^ Every possible indignity was heaped upon the prisoners, who were denied every comfort and almost starved while confined in filthy prisons. Twenty-two were kept in jail and seventy- one bound over to court. The Circuit Court in June refused to try the cases and adjourned to September, the jury hav- ing been discharged in order that one better suited to the purpose might be obtained. S. F. Phillips, who had been appointed assistant district attorney, instructed the marshal to select for the new one only such men as would be inclined to convict the prisoners, and in consequence the jury was made up of partisan Republicans. Two of the grand jury were illiterate negroes. The character of the trial jury may be inferred from the fact that some of the jurors re- peatedly offered to sell an acquittal to Randolph Shotwell.'' The Circuit Court of the United States met in the Senate 'J. G.Hester had been on the "Sumter" during the war and had there been guilty of murder. For a time he had commanded a blockade run- ner and was intense in his hatred of the North and the Republicans. From the close of the war, he was in real-estate business in North Carolina until he became one of Holden's private detectives. ' Shotwell Manuscript in possession of the author. 578 RECONSTRUCTION IN NORTH CAROLINA chamber in Raleigh in September with Judge Hugh L. Bond presiding. Only three cases were tried, those being for the Justice and the two Biggarstaff raids. Forty persons were indicted for participation in these. The indictments in the case of eight were drrpped, eleven were acquitted, and twenty-seven convicted. The trials were marked by great partisan activity. The government was represented by D. H. Starbuck, assisted by V. S. Lusk and S. F. Phillips. For the defence, a number of leading lawyers volunteered, including Thomas Bragg, D. G. Fowle, Plato Durham, and T. C. Fuller. Plato Durham was under indictment himself, but there was not any evidence against him, so the case was continued. Judge Bond's behavior was doubtful for a judge who cared to appear unbiased, but he was lacking in any sense of decency and, throughout the trials, was in close touch with the prosecution and assumed in court the position of prosecutor. This was of course what he had been chosen for, but its effect was unfortunate. During the trials Gov- ernor Caldwell was very active, conducting an informal examination of the witnesses in the hope of implicating some leading Conservatives, particularly Josiah Turner. The chief efforts of the prosecution were directed to secur- ing the conviction of Randolph Shotwell who, as an editor in Asheville and in Rutherfordton, had been a source of much discomfort to the Republicans. When it is remembered that criticism of the Republican party was announced by S. F. Phillips in the trial to be an attack upon the United States government/ it can readily be seen that to secure Shotwell's removal from political life was in the eyes of the prosecution an act of the highest patriotism and altogether proper for " loyal " men. Shotwell was county chief of the Ku Klux in Rutherford County, having assumed the position ^Wilmington Journal, Sept. 26, 1871; Oct. 5, 1871. THE CLOSING YEARS OF RECONSTRUCTION e^yg at the request of a number of leading men in the hope of checking the movement. He had never been on a raid or ordered one and had sought to prevent the raid on Justice and on the Star office, but had been utterly unable to con- trol the men, many of them entirely unknown to him, who were bent upon carrying out their plan. Most of his wit- nesses were out of the State and he knew that any others he might summon would at once be made parties defendant in the same case. Many of those who were tried upon the same indictment were seen by him then for the iirst time. Relying upon his innocence, he stood his trial without much fear of conviction. The false evidence against him had been carefully prepared, and, upon it, he was convicted and sen- tenced to a fine of five thousand dollars and six years' im- prisonment in Albany. As soon as sentence was passed upon him, he was tied with ropes in the presence of the court and carried in that condition through the streets of Raleigh, not because there was any fear of his escape, but simply to humiliate him and for the effect it would have upon the public. When he was on his way to Albany, C. L. Cobb came down from Washington to travel with him on the boat and, in behalf of the President, offered him imme- diate pardon if he would implicate some of the leading Con- servatives in the State. The offer was indignantly rejected. Soon after he reached Albany, Gerrit Smith visited him at the request of President Grant and made a similar proposal which was also declined. Shotwell was not the sort of man to betray a trust and, though deserted in his adversity by many who should from any consideration of honor have stood by him, he kept silence and endured the horrors of his imprisonment until he was finally pardoned. At the close of the trials, a number of Conservative law- yers wrote Judge Bond asking for a continuance of the other cases until the next year, pledging themselves tO' the 580 RECONSTRUCTION IN NORTH CAROLINA dissolution of the Ku Klux and the restoration of order. He declined to grant their request and at once gave out the letter to be used in the Northern press as evidence that the leading Conservatives were involved in the Ku Klux move- ment.^ In the meantime, the operations of the deputy marshals, more lawless still by far than those of the Ku Klux and more dangerous to the spirit of free institutions, continued without cessation. Arrest without warrant, imprisonment without a hearing and with bail denied, were characteristic of their activities. D. S. Ramsour, a student at Wake For- est College, was arrested while attending a meeting of his literary society and dragged out forcibly, not because the time was particularly suitable, but because the officers had waited, knowing that it would attract attention and increase fear. Josiah Turner, who was an attorney at law, advised several persons, arrested without warrant and without cause, to indict the marshal. He was at once arrested on a charge of obstructing the officers of the law in the discharge of their duties, and, through the efforts of Republican poli- ticians, notably S. F. Phillips, his trial was refused for sev- eral years. Dr. Brinton Smith, a Northern clergyman who was at the head of a negro school in Raleigh, was indicted for conspiracy under the Ku Klux Act because he told one of his students who was under age that he was not entitled to vote. The case was dismissed a year later without trial. Against many Ku Klux in the v^^est were indictments for violation of the internal revenue laws. These were dis- missed if a promise was made to give evidence against the Ku Klux. W. F. Henderson, the assessor of internal reve- nue, offered freedom to anyone who would give evidence implicating J. M. Leach, who in 1870, had defeated him for ^ Charlotte Democrat, Oct. 10, 1871. THE CLOSING YEARS OF RECONSTRUCTION 581 Congress.^ Hundreds of persons were imprisoned at one time or another, many of whom were treated with great cruelty, and all the safeguards of liberty disappeared. The federal courts became instruments of oppression and wrong and have never since been popular in the State. The chief purpose of it all was political, although the officers reaped a rich harvest from fees and from the bribes which they did not refuse, provided always that they were large enough. In pursuance of the plan, when the fears of the public had been sufficiently aroused, there came the promise of im- munity on condition of support of the Republican ticket at the next election. At the spring term of the fed- eral court in Raleigh in 1872, over fourteen hundred persons were indicted under the Ku Klux Act, of whom only six were tried. Between that time and the election, the activity of the officers continued. As soon as the campaign was over, the arrests stopped, and in February, 1873, the United States marshal or- dered the suspension of the processes. During 1873, all the prisoners in Albany were pardoned. The Ku Klux or- ganization had long since disappeared never to reappear, but the Republicans made its existence an issue in many campaigns thereafter and skilfully attempted to intimidate by threats of renewed federal activity. 2. THE ELECTIONS OF 1872 ^ Both parties looked forward with deep interest to the campaign of the summer of 1872, which bade fair to be the most exciting in the history of the State. State issues of the utmost importance were to be settled, the Republicans were seeking desperately to recover the ground lost in 1870, and the Conservatives were striving not only to maintain their advantage, but also to win the executive department ' Greensboro Patriot, Nov. 30, 1871. ' Reprinted from South Atlajitic Quarterly of April, 1912. 582 RECONSTRUCTION IN NORTH CAROLINA and to gain such a majority in the legislature as would en- able them to remedy the glaring defects of the constitution of 1868. Nor was this all. For the first time in its his- tory, the State had an election that was of national im- portance and interest, since it would take place in August and, preceding all others, wovild be regarded as an index of the state of feeling in the country, and would influence the result in November. The campaign was commenced in March by the Repub- licans, who held county meetings which were almost with- out exception controlled by federal office-holders. Late in March, Daniel R. Goodloe and H. H. Helper issued a call for Liberal Republican conventions to meet in each county and congressional district, and also for a state convention to be held in May. Helper, shortly before this, had been engaged in an acrimonious controversy with John Pool over the latter's recommendation of an embezzler to be special mail agent for North Carolina. This led to Helper's giving information to Secretary Boutwell and the press as to the conditions existent in the internal revenue service in the State. He was promptl)^ removed from his position as postmaster of Salisbur}', and, with strong public condemna- tion of the whole national administration from President Grant down, he now, joined by Goodloe, who for some years had felt decidedly out of place in the Republican party, recanted and joined the Liberal movement. The truth of Helper's charges was clearly recognized by many of the party who evinced an honest desire to secure reform. The Raleigh Era, now the organ of the Republican party, said, " The party has been too long weighted down by a set of men of tainted reputation and known criminal acts who are generally believed to have attached themselves to it for the purpose of plunder." ^ But the influence of the corrupt 'Quoted in Raleigh News, May 15, 1872. THE CLOSING YEARS OF RECONSTRUCTION 583 element, with its hold upon the negrO' vote and its reliance upon the support of many honest but bitterly prejudiced partisans, was too strong, and there was little hope for per- manent reform in their part of state politics and none at all in the federal service where corruption was limited only by the boundaries of the United States. In the Republican party, the contestants in the race for the gubernatorial nomination were Governor Caldwell, Judge Settle, Oliver H. Dockery, and George W. Logan. The last two were, however, negligible in the contest, the chief interest being in the candidacy of Settle and Caldwell. The former was sustained by the Holden wing of the party and depended also on influence from Washington, but Gov- ernor Caldwell had much greater strength in the State. The chief question to be decided, therefore, was how great an influence could be exerted from Washington. The state convention met in Raleigh on April 17, with representation from seventy-eight counties. James H. Harris, of Wake, was made temporary chairman,^ and made a speech upon taking the chair in which he thanked the convention for the honor paid him as the representative of 80,000 negro voters, and declared that the time had come when the black man demanded and must have perfect social equality for himself and his wife and children " on your cars, on your steam-boats, and at the tables and in the parlors of your hotels." ^ After much confusion and speeches by all four candidates and one by John Pool, Samuel F. Phillips was elected permanent president. Late in the afternoon, the first ballot was taken, and Governor Caldwell received the nomination with a majority of nine votes. If 'This was done at the instance of Samuel F. Phillips. ' Sentinel, April 25, 1872. The negroes of Wilmington had shortly before adopted resolutions demanding to be more than hewers of wood and drawers of water. 584 RECONSTRUCTION IN NORTH CAROLINA he had failed to secure the nomination on the first ballot, he would probably have lost strength steadily thereafter. When the nominations for the other offices were reached, eight men were presented for the lieutenant governorship/ Curtis H. Brogden was chosen on the second ballot. Taze- well L. Hargrove was unanimously nominated for attorney general. Ten names were brought forward for secretary of state, two of them of negroes, and W. H. Howerton was chosen. D. A. Jenkins was renominated for treasurer over S. H. Wiley. John Reilly, a carpetbagger, was nominated for auditor. Silas Burns, another carpetbagger, was named for superintendent of public works, and James Reid, a re- tired minister of over seventy years of age, for superin- tendent of public instruction. The latter nomination was the work of John Pool who wished to defeat Alexander Mc- Iver, the other candidate, and a very suitable man, be- cause he favored a reorganization of the University which would have deprived Solomon Pool of his honorary position of president. A platform was adopted endorsing the administration of Grant and Caldwell, and making certain demands, chief of which were the removal of internal revenue taxes, particu- larly on spirits, a general amnesty bill, protection of the civil and political rights of all citizens, and national aid to- education. The so-called Ku Klirx legislation was warmly endorsed and more demanded. The proposed constitutional amendments were condemned as a forced issue, but the convention refused to go on record in opposition to all of them. Resolutions requesting the seating of Abbott in the United States Senate and endorsing ex-Governor Holden were passed, and the convention adjourned. ' R. L. Patterson, Curtis H. Brogden, C. L. Harris, G. W. Price, a New Hanover negro; John B. Respass, Joseph W. Holden, A. S. Sey- mour, a carpetbagger; and Tazewell L. Hargrove. THE CLOSING YEARS OP RECONSTRUCTION 585 In the Conservative ranks there was considerable interest as to the candidate for governor. The leaders wanted Vance, but Vance declined to run and was not to be moved by any of the pleadings of his friends. Augustus S. Mer- rimon was then selected, but he was equally unwilling and at first refused to make the race. The leaders finally assured him that it was absolutely necessary for the party that he should be the candidate and that, if he was defeated, he should be elected to the United States Senate. This was a fairly safe promise as the legislature was almost certain to be Conservative. He then consented to accept the nomina- tion. The Democratic convention met in Greensboro on May i, with delegates from eighty-five counties. Thomas C. Fuller was made temporary chairman and John Kerr, president, Speeches were made at the opening by Thomas L. Cling- man, John Kerr, and Z. B. Vance, all endorsing the Cin- cinnati platform and candidates. A. S. Merrimon, J. M. Leach, and D. M. Barringer were placed in nomination for governor. Josiah Turner and W. M. Shipp were also named but withdrew at once. Merrimon was nominated on the first ballot, and the entire ticket was then filled, all the nominations but one being by acclamation.^ A platform Avas adopted calling for reform, condemning secret political societies, the Ku Klux acts, internal revenue taxes with politically active officials, the recent action of the Repub- licans in endorsing Abbott and Holden and in calling for national aid to education. Civil service reform and the proposed amendments to the state constitution were en- dorsed. After the organization was perfected and plans 'The other nominations were: Secretary of State, John A. Womack; Treasurer, John W. Graham; Attorney General, W. M. Shipp; Auditor, C. Leventhorpe; Superintendent of Pubhc Works, J. Separk; and Super- intendent of Pubhc Instruction, Nereus Mendenhall. 586 RECONSTRUCTION IN NORTH CAROLINA made for a vigorous campaign, the convention adjourned. A very noticeable thing in this convention, and in the nomi- nations all over the State, was the avoidance of candidates who labored under disabilities. The experience with Vance had not failed to teach the party a lesson, and no chances were taken. Another noticea^ble thing was the prominence of old Whigs among the Conservative candidates for office. Every candidate for Congress, for instance, had been a Whig prior to the war. For this reason, a distinction was often made between the names Conservative and Democrat. Judge Settle, early in the year, resigned his position as minister to Peru and returned home. The position was at once offered to Holden, but he did not care for it and de- clined. Judge Settle was permanent president of the national Republican convention which met at Philadelphia, and thus far he is the only Southern Republican who ever held that position. His choice was probably due to President Grant who held him in high personal esteem. Judge Dick was soon after made judge of the western district and Settle succeeded him on the supreme bench. The campaign began in earnest as soon as the Republican convention adjourned. Caldwell took the stump and, when the Conservative nominations were made, Alerrimon joined him. The joint debate did not continue long, for the gov- ernor found himself no match for Merrimon as a cam- paigner and declined to continue with him. The two spoke on the same day at Pittsboro, and Caldwell promptly ac- cused Merrimon of having been the author of the various railroad bills which Swepson had had passed in the interest of his nefarious schemes. Merrimon was forced to ac- knov\'ledge the truth of the charge, but defended himself by the statement that he had drawn them simply as a lawyer under the direction of his client. The advantage that Cald- well might well have gained from this injurious admission THE CLOSING YEARS OF RECONSTRUCTION 587 was at once destroyed by Merrimon's readiness in the tu quoque argument when he showed CaldweU's part in se- curing their passage. The joint debate was then aban- doned, and the governor visited many places in the State and, though continuing his attaches upon his opponent, de- voted most of his attention to a discussion of the part the Conservatives had played in bringing on the war, condemn- ing their conduct of it, and interspersing in his speeches the usual Ku Klux campaign material. His campaign was frankly an appeal to prejudice, and he relied largely upon the solid negro vote and the influence which would be ex- erted for him by federal ofiicers. Merrimon's campaign "was on a higher plane. His speeches were scathing indict- ments of the Republican administration of the affairs of the State, and contained but few personalities. In the meantime, the congressional candidates had also' been nominated,'- and the contest became increasingly in- teresting. The Liberal Republican organization gave its support to the Conservative candidates, nearly all of whom had accepted Greeley, but some with manifest restiveness under the burden. This feeling was very strong with many Conservatives in the State. Vance, for instance, said it was " eating crow " with a vengeance. The whole truth of the matter is that it was almost an impossiblity to arouse any enthusiasm in North Carolina for Greeley among those who had disliked him, to use a mild term, for long years, and the pledge of support by political leaders carried with it no certainty of activity among the rank and file of the voters. 'The candidates were as follows: ist district, Republican, C. L. Cobb, Conservative, D. M. Carter; 2d, Charles R. Thomas, W. H. Kitchin; 3d, Neill McKay, A. M. Waddell; 4th, W. A. Smith, S. H. Rogers; Sth, Thomas Settle, J. M. Leach; 6th, O. H. Dockery, Thomas S. Ashe; 7th, D. M. Furches, W. M. Robbins; Sth, W. G. Candler, R. B. Vance. 588 RECONSTRUCTION IN NORTH CAROLINA From the beginning of July, both parties, with outside assistance, maintained a determined fight which lasted until the election. i\.mong those who came to the support of Merrimon was Colonel A. K. McClure, of Pennsylvania, who had seen something of Republican misrule in the State in 1869, and who said, upon mature reflection, that the state administration " was surrounded by the most corrupt and reckless gang of men I have ever met, although I have had every opportunity to test the qualities of the carpet-bag rulers of the Carolinas and Virginia." ^ In this campaign, he waxed eloquent on the subject. Others who came in advocacy of Merrimon were Carl Schurz, one of the origi- nators of the Liberal Republican movement, ex-Senator Miller, of Georgia, Senator Tipton, of Nebraska, and Gov- ernor Walker, of Virginia. In behalf of Caldwell, came ex-Governor Harriman, of New Hampshire, Secretary Boutwell, Secretary Delano, Senator Henry Wilson, the Republican candidate for Vice-President, and many of lesser note. Senator Wilson declined to meet any of the Conservative speakers in joint debate, and Secretary Bout- well, in his Greensboro speech, protested against " shaking hands across the bloody chasm." " Unlimited funds were promised if needed, and large sums were furnished. John Pool had a large amount at his disposal, and Abbott at one time received for distribution $25,000. Patronage was em- ployed also, a characteristic example being the appointment of C. L. Harris, J. C. L. Harris, and John A. Hyman, the latter a negro who had been defeated for the congressional nomination in the second district by the strenuous efforts of his white Republican allies, as assistant assessors of internal revenue with duties that were political only. 'This quotation is taken from a letter to the author, dated Oct. 29, 1907. ' Greensboro Patriot , July 24, 1872. THE CLOSING YEARS OF RECONSTRUCTION 589 The most potent ally of the Republicans, however, was the United States Department of Justice, ably assisted, it is true, by the Treasury Department. Probably there was never in any other State such wholesale political activity and interference by federal officials, with the full approval of the administration, as marked this campaign in North Carolina. Twelve hundred and eight persons had been in- dicted by February, under the Ku Klux acts,^ and by the time of election this number had been nearly doubled. An army of revenue officials were appointed for service during the campaign, and their activity was tremendous. Assessor Perry made no secret of the fact that the service was en- tirely turned over to politics, and the plan was most ef- fectual. United States commissioners issued blank war- rants to deputy marshals who used them for election pur- poses or for blackmail." Just before the election three thousand persons were under arrest by the federal authori- ties, and most of them were promised that the cases against them would be dropped if their influence should be used for the Republican candidates. An indication of what was going on is to be seen in a comparison of the expenses of the fed- eral courts prior to 1872 and during that year. Before 1872, $5,000, covered all expenses other than salaries. In that year, Marshall Carrow obtained from the treasury $250,000.^ Bribery and intimidation were chiefly employed in the west where illicit distilling and the Ku Klux gave pretexts.* In the east, reliance was placed on the heavy negro vote. ^Sentinel, Februar}' s, 1872. ''Ibid., Feb. I, 1872. ' Raleigh News, quoting Washington Patriot. * David A. Jenkins, the state treasurer, offered to testify as to the outrages of revenue officials in Gaston county. Charlotte Democrat, Oct. 8, 1872. CQO RECONSTRUCTION JN NORTH CAROLINA No one in the State was more interested in the result of the election than John Pool. Reference has been made to the campaign fund placed at his disposal. With this as a basis, he established headquarters at Raleigh and directed his campaign against Merrimon, whom he feared, whether elected or not. He published a pamphlet against him which resulted in a libel suit by Merrimon at the close of the cam- paign. But Pool's influence was manifestly waning. The election was held on August i , amid intense interest on the part of the whole country. Fraud was evident in many parts of the State on election day, although most of that sort of thing had already been done. Over two hun- dred negroes were fraudulently registered in one township in Halifax County.' Nine hundred negroes were sent from Washington City to Norfolk and thence distributed throughout the State to vote. Six hundred of these were in the employment of the board of public works and were shipped South on the " Vanderbilt " on July 27, and brought back on x\ugust 4." Negroes were also brought in from South Carolina, Virginia, and Tennessee. The fol- lowing table of excess of the vote cast above the voting strength in some of the Republican strongholds is enlight- ening. The two counties last named went Democratic : Bladen 46 Cumberland 321 Duplin 526 Swain 183 Franklin 265 Halifax 852 Nash 496 Northampton 184 Robeson 171 Sampson 145 ^Nezvs, July 30, 1872. '^ Ibid., Aug. 28, 1872. THE CLOSING YEARS OF RECONSTRUCTION 591 The first returns that came in indicated a Democratic ■\>ictory, and there was great rejoicing in the party. Events proved that it was ill-timed, for the returns from many of the Republican counties were held back, and, when they came in, Caldwell's vote was materially increased. At the end of a week, his election on the face of the returns was assured. The cry of fraud vifhich had gone up on election day was now redoubled, and there was a widespread popu- lar demand that Merrimon should contest the election. The Greeley papers in the North, charging fraud, also insisted upon this.^ Merrimon was willing to contest if the proofs of fraud were convincing, but only on that condition, and he left the decision of the c|uestion to the Conservative state executive committee.- On October 20, the Conservative and Liberal Republican executive committees met in joint session to decide the matter and came tO' the conclusion that it was best not to contest. The official vote stood as fol- lows : Caldwell 98.132 Merrimon 96,234 Caldwell's majority 1,898 Merrimon carried fifty-four counties, but the heavy adverse majorities in several of the black counties defeated him. No doubt can be entertained that, if the campaign and election had been fairly conducted, the result would have been a complete Conservative victory. As it was, the legislature w^as won. With the close of the state campaign, the Conservatives lost heart, and the result in November soon became a fore- ' The New York Herald, the New York World, the New York Tribune, and the Washington Patriot all have much interesting mater- ial bearing on this election. All of them made charges of fraud. = Letter to S. A. Ashe in Carolina Messenger, Sept. 19, 1872. 592 RECONSTRUCTION IN NORTH CAROLINA gone conclusion. Dislike of Greeley, dormant at first, was revived and soon became apparent. Where there was not active dislike, there was apathy, and this marked the two closing months of the campaign. A number of leading Re- publicans came to the support of Greeley, among them being Lewis Hanes and R. M. Henry. There was also an inter- esting and quite considerable negro Liberal organization,'' but no serious inroads were made on Republican strength. The nomination of Charles O'Conor by the " Straight-Out Democrats," in spite of vigorous efforts on the part of the Republicans to promote it, injured the Democratic party scarcely at all. Plato Durham was the only Democrat of prominence who joined in the movement, and there is good reason to believe that his part in it was the result of an agreement which bore testimony to his self-sacrifice.^ There was no need of fraud in November, for the indif- ference of the "stay-at-home" Democrats accomplished for the Republicans all that they could have desired. Grant carried the State by a majority of 24,675, the total vote being 164,863. His total vote, 94,769, showed a loss of only 3,363 from Caldwell's vote, while Greeley with a total of 70,094 votes lost 26,140 from Merrimon's total. Grant carried fifty-five counties as contrasted with forty-one car- ried by Caldwell. The figures are convincing proof of how widespread was the dissatisfaction with Greeley and how small the hope of victory. Several political changes were made during the election. The distinction betAveen Conser- vatives and Democrats became more marked. Little fric- 'One Cross, a Greeley negro in Raleigh, was assaulted by negroes because of his politics. One of his assailants was prosecuted under the Ku KIux act and convicted. News, July 24, 1872; 'There is much ground for the belief that Durham was told by certain prominent officials that if he would support O'Conor and later act with the Republicans, all the Ku Klux prosecutions in his county would be dropped. THE CLOSING YEARS OP RECONSTRUCTION 593 tion was so far apparent, but it was clearly seen it would soon develop. In the Republican party there was an evident tendency on the part of the natives to ignore the carpet- baggers, and, so far as possible, to keep all the offices to themselves, but the plan thus far was accompanied by little success by reason of the strong hold which the strangers had upon the negro vote. Although the result of the year was in reality favorable to the Conservatives, since they retained the legislature, from the party standpoint it lacked completeness, and it was accompanied by many bitter disappointments. 3. THE LEGISLATURE OF 1872-1874 The legislature of 1872 differed little from its prede- cessor in the character of its membership. The most inter- esting facts concerning it were its youth and legislative inexperience. A very large number had been in the Con- federate army. Fifty-four were farmers and forty-five lawyers.^ The political affiliation of the members was as follows : Senate. Conservatives 32 Republicans 18 Of the Republicans, four in the Senate ^ and twelve in the House " were negroes. Two carpetbaggers were in the Senate.^ There was one contest in which the Conservative 'The other occupations of the members were distributed as follows: merchants, 19; physicians, 12; ministers, 7; manufacturers, 5; teachers, 4; revenue officials, rj; scattering, 20. "J. H. Harris, J. A. Hyman, G. L. Mabson, and Eppes. 'Abbott, Dudley, W. P. Mabson, Bunn, Williamson, Hughes, Mc- Laurin, Lloyd, Fletcher, Ellison, King, and Paschall. *A. S. Seymour and H. E. Stilley. House. Joint Ballot 66 98 54 72 594 RECONSTRUCTION IN NORTH CAROLINA was seated but later displaced by his Republican opponent. G. L. Mabson, a negro member of the Senate, was found to be a resident of Beaufort instead of Edgecombe, the county he represented, and was expelled during the second session. Much interest was aroused by the contest for Pool's seat in the Senate. Merrimon had been promised the election by certain leaders as a reward for running against Cald- well, but Vance was a candidate and b}? making a persistent campaign had succeeded in pledging a majority of the Con- servatives before the legislature met. For that reason, many Conservatives thought the vote of the caucus should not be binding and a number refused to regard it. The Republicans sought desperately to re-elect Pool, promising that if he was returned, there would be general amnesty pro- claimed for the Ku Klux by the federal government, and that liberal appropriations would be made for internal im- provements in the State, including four million dollars for the Western North Carolina Railroad. In addition, threats were made of the arrest of members of the legislature, as in the recent case in Alabama,^ if he were not chosen.^ When the election of senator came, seven Conserva- tives in the Senate,^ disregarding the action of the caucus, voted for A. S. Merrimon. In the House, eleven members * did likewise. Of these eighteen, none from the Senate and only three from the House were returned to the next legis- lature. By their action, Vance lacked seven votes of an election on the first ballot. Six days' voting made no change except that Vance lost strength slightly and Merrimon's 'Fleming: Civil War and Reconstruction in Alabama, pp. 755-56. 'Raleigh News, Nov. 21, 1872. 'Avera, Cowles, Humphrey, Love, Merrimon, Powell, and Welch. * Anderson of Clay, Bryson of Swain, Dickey, Hanner, Haynes, Hinnant, Joyner, Marler, Moring, Waugh, and M'^hitmire. THE CLOSING YEARS OF RECONSTRUCTION 595 vote rose to thirty-one. On November 30, Vance withdrew " in the interest of harmony " and Merrimon followed suit. On the following ballot sixty-five persons received votes, Pool's vote falling to fifty-nine and Merrimon coming sec- ond with nine. The Conservative caucus met and again nominated Vance and, on the next day, the Republicans abandoned Pool, and, voting solidly for Merrimon, who was still supported by most of the bolting Conservatives, elected him. The Conservatives were very angry and much hard feeling was stirred up.^ The Republicans were cor- respondingly elated, Pool declaring it a Republican victory, and sedulously endeavored to alienate the Conservatives from Merrimon by creating the impression that he had been bought. They stated that he would act with the Repub- lican party in the Senate, that a bargain to that effect had been made before he received a Republican vote; but his course there soon dispelled any illusions they may have had in regard to his intentions. One of the most important matters before the legislature was the bill for amending the constitution, passed by the preceding legislature. This came up and was divided into separate bills, eight of which were adopted." Those passed provided for striking out the clause requiring the legisla- ture to levy a tax to pay interest on the public debt, for omitting the census, for abolishing the code commission and the office of superintendent of public works, for placing the trustees of the University under the legislature, for extend- ing the three hundred dollars exemption to all property, for making federal and state officers ineligible to the legisla- ture, and for biennial sessions of the legislature. 'Laws, 1872-1873, chaps. Ixxxi-lxxxviii. ' The best accounts of the contest are to be found in the Raleigh jVifzrj for January, 1873. cn6 RECONSTRUCTION IN NORTH CAROLINA Probably one of the most interesting measures before the legislature was one extending amnesty to any person who had committed any crime except rape, deliberate and wilful murder, arson, or burglary, while a member of the Heroes of America, Loyal Union League, Red Strings, Constitu- tional Union Guard, White Brotherhood, Invisible Empire, Ku Klux Klan, North Carolina State Troops, North Caro- lina Militia, Jay Hawkers, or any other association, whether secret, political, or otherwise, in obedience to the commands and decrees of such organization, provided the offence was committed prior to September i, 1871.^ This passed the Senate by a vote of 25 to 15, a number of the Consei*vatives voting against it. The vote in the House was strictly a party one, 57 to 50. Several resolutions of interest were passed, including one requesting Congress to remove the disabilities of thirteen persons named and all other citizens of the State who were still laboring under them." This was introduced by R. C. Badger, the Republican leader in the legislature, and promptly passed both houses. Shortly after the introduc- tion of this, he proposed a resolution for the removal from W. W. Holden of the disqualification to hold office of honor, trust, or profit under the State. This was postponed indefinitely in the House by a party vote," and a similar resolution in the Senate failed to pass its second reading by a party vote.* The condition of the penitentiary was investigated for the second time since the Conservative victory, and the re- port of the committee showed that the institution was still 'Laivs, 1872-1873, chap, clxxxi. 'Those named were W. A. Graham, Lawrence S. Baker, W. N. H. Smith, Burton Craige, David Coleman, James G. Martin, D. H. Hill, George Davis, W. H. McRae, and John T. Williams. 'Journal, p. 287. 'Ibid. , p. 431. THE CLOSING YEARS OF RECONSTRUCTION 597 badly managed. The committee attempted to put the blame for this on the governor who had refused to recognize the Conservative board of directors and, declining to sign their warrants, had prevented them from buying proper and suffi- cient food. This accusation was in the main clearly political. A noticeable thing about this legislature was the marked increase of good feeling between the two parties. J. L. Robinson was chosen speaker over R. C. Badger and each voted for the other. During the sixty-nine days of the ses- sion, there was scarcely any extreme partisan feeling dis- played. This, of course, does not include the manifesta- tion of feeling between the friends of Vance and Merrimon, for that was in the nature of a family quarrel. The legislature submitted the constitutional amendments to the people and adjourned to meet in November, 1873. The ratification election was held in August and resulted in the ratification of all by good majorities. When the second session opened. Governor Caldwell in his message urged the members to complete their work before the day for counting the vote on the amendments, as on that date, he thought, the existence of the legislature would terminate. He also expressed grave doubts as to the validity of the amendments, assigning, however, no reason for his opinion. The legislature appointed a committee which, after consultation with the attorney general, reported that the amendment did not affect the existing session, so the governor's opinion was ignored and the work of the session began in the usual way. The proceedings were of little interest, as no important general law was enacted, and most of the time was con- sumed in private or local legislation. The usual general laws were passed, an election was ordered to fill the vacancy in the office of superintendent of public instruction and in two judgeships, and a resolution was passed requesting 558 RECONSTRUCTION IN NORTH CAROLINA Congress to refund the cotton tax collected in the State dur- ing the four years following the war. The Senate passed a bill providing for scaling the debt, but later recalled it from the House and never acted further upon it. The House also passed two bills upon the subject which were never considered in the Senate. All these propositions ignored the special tax bonds, A resolution protesting against the proposed civil rights bill passed both houses, a large number of Republicans vo- ting for it.^ A resolution for the impeachment of Judge Watts was presented to the House, but the committee re- ported that, on account of the impossibility of conviction, because of the fact that so many important witnesses were outside the State, it was inexpedient to impeach. The session lasted sixty days only, and, as has been hinted, was remarkable chiefly for what it did not do. 4. POLITICS IN 1874 The course -of the Conservatives while in control of the legislature had commended itself to the people of the State. Expenses had been largely reduced, taxes were lower, and the State generally was far more prosperous. The fears of many of the people that the party would be violent, reck- less, and proscriptive had not been realized, and the party entered upon the campaign of 1874 in better shape than it had ever been. Its record justified the claim it had made and it had proved itself fit to rule. The Republicans had, on the contrary, nothing to point to with pride, and were still split into factions of which the dominant one was com- posed of federal office-holders who had their hands upon the organization and who have never since surrendered it. Of the three great influences which caused the " tidal wave " of 1874, namely, the exposure of fraud and corrup- ^Seniinel, Jan. 18, 1874. THE CLOSING YEARS OF RECONSTRUCTION 599 tion in the national government, including the " salary- grab," the Southern policy of the administration, and the proposed civil rights bill, only the last-mentioned power- fully influenced the result in North Carolina. The State was entirely accustomed to the connection of the Republican party with corruption, knowing it, in fact, only in that con- nection; the entire delegation in Congress, save Shober, who did not vote, had supported the " salary grab;" and the attitude of the administration towards the South was no new thing. The civil rights bill, however, was a menace that was apparent to all and it was not favored by a ma- jority of the white Republicans, to say nothing of the Conservatives, or, as they now began to call themselves, Democrats. This proposed legislation was, therefore, the chief connecting link between North Carolina and the new movement in national politics. It played a very large part in the campaign and, more than anything else, broke the last hold of the Republican party upon the State. A tem- porary reaction came a year later, but lasted only a short time. The election of a superintendent of public instruction to succeed Mclver was the only contest which could test the strength of the parties as a whole in the State, but in addi- tion to the congressional elections, nine judges, twelve solici- tors, and a legislature were to be chosen. The Democrats were particularly anxious to win the legislature, as they hoped to call a constitutional convention, and the Repub- licans, hoping to defeat such a move, were exceedingly active. The Conservative-Democratic executive committee se- lected as the candidate for superintendent, Stephen D. Pool, a young man who since the war had been an editor. He was a cousin of John Pool but was one of the few members of the family who did not join the Republican party. The 6oo RECONSTRUCTION IN NORTH CAROLINA Republicans nominated Thomas R. Purnell, a recent con- vert to the faith. For the judgeships, both parties nomi- nated full tickets/ In the second and eighth districts, there was doubt as to whether the terms of W. A. Moore and J. M. Cloud would expire, and a number of Republicans tried to prevent the party from nominating candidates, but the fear that they might thereby lose two offices was effective, and, ignoring the incumbents, they chose two other candi- dates.^ A. S. Seymour was the regular Republican candi- date in the third district, and W. J. Clarke ran as an inde- pendent against him. The Democrats secretly nominated Henry F. A. Grainger, announcing his name only on elec- tion day. In the seventh district, John Kerr received the Democratic nomination and Tourgee, the Republican. But the latter was certain of defeat and still hankered after a seat in Congress, so the Republicans looked about for some Democrat to support. Judge Kerr had been one of the judges under the old constitution and owed his nomination to that fact, combined with the treatment he had received at the hands of Kirk and his men. Many Democrats were opposed to him, and finally, Thomas Ruffin, a son of the former chief justice, who was himself later a justice of the Supreme Court, announced himself an independent candi- date. Tourgee at once withdrew, and the Republicans endorsed Ruffin. In the ninth district, there was strong Re- publican opposition to Logan, Republican lawyers like Bar- ringer and Bynum wanting him dropped, and, as the dis- 'They were as follows: ist district, Democrat, M. L. Eure, Repub- lican, J. W. Albertson; 2, T. J. Jarvis, Louis Hilliard; 3, H. F. A. Grainger, A. S. Seymour, W. J. Clarke, independent Republican; 4, A. A. McKay, D. L. Russell; 5, B. Fuller, R. P. Buxton; 7, John Kerr, A. W. Tourgee, who withdrew in favor of Thomas Ruflin, inde- pendent Democrat; 8, T. J. Wilson, W. H. Bailey; 9, David Schenck, G. W. Logan. ' Wilmingfon Post, Feb. 18, 1874. THE CLOSING YEARS OF RECONSTRUCTION 6oi trict had a Democratic majority of about twelve hundred, some independent Democrat endorsed. Bynum said pub- licly, " I am resolved not again to cast a ballot for a grossly incompetent judge whose blunders may involve the reputa- tion, the property, and the life of every citizen in the district." But Judge Logan would not listen to argument and, having influence enough to secure the nomination, in- sisted upon being the candidate. The congressional campaign was accompanied by the usual contests within the parties. In the first district, C. L. Cobb was regularly nominated by the Republicans, and Edward Ransom, who had been acting with the party in an independent fashion, came out against him and so divided his strength as to defeat him. Charles R. Thomas was anxious for a renomination, but John A. Hyman thought the time had come for one of his race to have a share of the larger rewards, and the district, being of a dark com- plexion, agreed with him, to the discomfiture of Thomas, who began to see what negro suffrage might mean. Gar- land H. White ran against Hyman, but did not succeed in dividing the Republican vote, and Hyman \n2ls successful over him and the Democratic candidate. James E. Boyd and Tourgee both wanted the nomination in the fifth dis- trict, as did several others of lesser light. After seventy ballots, W. F. Henderson was chosen for sacrifice. Tour- gee soon after reached the conclusion that Reconstruction was " an ignominious failure," an opinion he held for some years until a pension agency made him see a brighter sicle.^ 'The congressional candidates were: ist district, Democratic, J. J. Yeates, Republican, C. L. Cobb and Edward Ransom; 2, G. W. Blount, J. A. Hyman and G. H. White; 3, A. M. Waddell, Neill Mc- Kay; 4, J. J. Davis, J. H. Headen; 5, A. M. Scales, W. F. Hender- son; 6, Thomas S. Ashe, Nat. McLean; 7, W. M. Robbins, C. L. Cook; 8, R. B. Vance, Plato Durham. 6o2 RECONSTRUCTION IN NORTH CAROLINA The campaign was hotly contested. Several interesting features are worthy of mention. One was the activity of the negroes. Hyman's nomination has been noticed al- ready. More negro candidates appeared than at any time before and greatly added to the strength of the Democrats, for not many native white Republicans wanted negroes in office. In Craven, the county ticket was composed of five negroes, four carpetbaggers, and three white natives. New Hanover had a solid negro ticket,^ and the white Republi- cans revolted and chose white candidates. They came to- gether towards the end of the campaign, but the negroes retained most of the places on the ticket and, the condition continuing, contributed to Democratic success. Another factor in the campaign was the friction among the white Republicans caused by personal control of party machinery. In Wake County, W. VV. Holden, who had been made postmaster of Raleigh in 1873, was industriously engaged in building up a inachine. The leader of the op- posing faction was Timothy Lee, the carpetbagger sheriff, who was now about thirty thousand dollars short in his accounts.^ The two groups could not be reconciled and, though they submitted to an arbitration of their differences, in which Lee won, the Holden faction held off and Wake went Democratic for the first time since Reconstruction began. As in previous campaigns, the influence of the former Whigs was paramount in the Conservative-Democratic party. Both the senators, the nominee for superintendent, six of the candidates for Congress and five of those for judge had been Whigs. The Republicans, as usual, tried to make capital of this but without much success. ' Charlotte Observer, June 12, 1874. ''Ibid., Sept. 9, Dec. 23, 1874. THE CLOSING YEARS OF RECONSTRUCTION 603 The arguments of the campaign differed little from those of previous contests. The Ku Klux figured largely in Republican speeches for a time, but their enthusiasm for the subject waned when the fact appeared that Purnell had been a member. The federal service was again enlisted and the expenses of the western judicial district reached $139,- 000 for the year, of which $52,600 were marshal's fees. But the Republicans were losing ground and, towards the end, their campaign was listless. Governor Caldwell died in Hillsboro in July and was suc- ceeded by Lieutenant Governor Brogden. The cause of the governor's death was uric acid poisoning, and the ne- groes, hearing this, spread the report that he had been poisoned by the Democrats. The result of the election was a clean sweep for the Democrats. The legislature at last had a two-thirds Demo- cratic majority. Pool was elected with a majority of over fourteen thousand ; M. L. Eure, A. A. McKay, John Kerr, T. J. Wilson, and David Schenck were elected judges; Hyman was the sole successful Republican candidate for Congress; and nine Democratic solicitors were chosen. An interesting situation developed soon after the elec- tion. As soon as the result was known, Judge Moore wrote Governor Brogden asking him not to commission Hilliard as judge, as the act providing for his election was unconstitutional. He warned the governor that he was pre- pared to go to extremes in resistance and that he would continue to act as judge until the Supreme Court decided against him. Governor Brogden replied that he had al- ready commissioned Hilliard and said that he greatly re- gretted to see such a scramble for office.^ When Hertford court opened, both claimants were present and a contest '^Executive Correspondence, Brogden, pp. 13-14. 6o4 RECONSTRUCTION IN NORTH CAROLINA ensued, Moore succeeding in retaining his seat. The attor- ney general then took the case to the higher court. In the meantime, Judge Cloud, who had fully believed that his term expired in 1874, and who had been confirmed in that opinion by Attorney General Olds, decided that, if there was any doubt, he might as well get the benefit of it and concluded to hold on. T. J. Wilson, the newly-elected judge at his first court, instructed the sheriff to remove Judge Cloud bodily from the bench, which he did by force. Cloud then served a writ of quo warranto upon Wilson, and Judge Kerr decided in favor of the latter, but the Su- preme Court declared that under the constitution. Cloud's term did not expire until 1878, and that Wilson was there- fore not legally elected. ^The other case above referred to followed this immediately and the decision was the same.^ 5. THE LEGISLATURE OF 1 874 The legislature convened in November with its mem- bership politically divided as follows : Senate. House. Joint Ballot. Democrats 38 93 131 Republicans 12 27 39 For the first time since 1867, there were no carpetbaggers in either house, but the member of the House from Warren died during the session, and J. W. Thome, a carpetbagger, took his place. He was, however, not suffered to remain long. Four Republican senators ' and thirteen members of the House * were negroes. 'Cloud V. Wilson, 72 N. C, 155. ■'Hargrove v. Hilliard, 72 N. C, i6g. ^R. Tucker, W. P. Mabson, John Bryant, and J. M. Paschall. 'Wilson Carey, Willis Bunn, Alfred Lloyd, J. R. Goode, J. A. White, John Newell, W. H. Crews, H. T. Hughes, W. H. Moore, H. Brewington. E. H. Hill, J. A. Jones, and R. Elliott. THE CLOSING YEARS OF RECONSTRUCTION 605 The elections of presiding officers in the twO' houses re- sulted in the choice of R. F. Armfield as president of the Senate and J. L. Robinson as speaker of the House. The chief interest in the session was in the bill calling a convention of the people. Concerning the need of one, few Democrats differed, but there was a wide diversity of opinion as to the expediency of calling one. Senator Ran- som, after consulting with party leaders in Washington, advised strongly against it, and many were doubtful, fear- ing federal interference. But an imposing list of local leaders favored it. W. A. Graham and B. F. Moore pub- lished strong letters advising it and nearly every prominent member of the party supported the movement,^ with only D. G. Fowle and William Eaton, in addition to Ransom, opposing it. The Democratic executive committee by an almost unanimous vote recommended it, and in January, 1875, a general party conference was held in Raleigh to dis- cuss the question in the hope of clarifying the situation. The most important Democratic newspapers, namely, the Wilmington Journal, the Raleigh News, and the Sentinel, all were zealous in the cause. But still it was very doubt- ful if the bill could be passed. In January, President Grant was asked if he would interfere, and, in reply, assured a member of the House that he would not.^ A little later, a resolution was adopted by both houses pledging constitu- tional reform. This helped a little, but the day was really carried by the work of W. L. Saunders as editor of the Wilmington Journal. With Josiah Turner, he divided the honor of bringing about the redemption of the State, and 'The list included George Davis, Robert Strange, Z. B. Vance, George Howard, M. E. Manly, Edward Conigland, E. J. Warren. G. N. Folk, W. A. Wright, O. P. Meares, R. S. French, J. L. Holmes, W. L. Saunders, and Montfort McGehee. ' Wilmington Journal, Feb. 5, 1875. 6o6 RECONSTRUCTION IN NORTH CAROLINA his work, in sharp contrast to that of Turner, was construc- tive to a high degree. He fought the battle in this case and won, for in March the Democratic caucus voted in favor of a convention.^ The bill passed the Senate a few days later by the required majority, in spite of the fact that a large number of Democrats were instructed against it. It then passed the House. In neither house were the parties entirely solid.^ The convention was restricted by the act in two ways. The oath required for the members upon organization and the act itself prohibited any interference with the home- stead provision, the laborers' and mechanics' lien, the rights of married women, the ratio between poll and prop- erty taxes, any provision for compensation for slaves, for paying the war debt, for restoring imprisonment for debt, for educational or property qualifications for voting, and for vacating any office before its term expired. It was also forbidden to pass any ordinance of a legislative nature except for submitting its work to the people for ratification. Quite a ripple of interest was started by the action of two Republican members of the House who, upon the passage of the civil rights bill by Congress, issued a statement with- drawing from the Republican party, and introduced a reso- lution calling upon all white men to do likewise. Soon after J. W. Thorne took his seat, a committee was appointed to investigate charges that he was ineligible on account of infidelity. It appeared that he had shortly before published a pamphlet which was, from the standpoint of North Carolina, anything but orthodox, in that it denied the complete authority of the Bible. The committee recom- 'The caucus vote was 68 to 13. Hn the Senate, Cantwell, a Republican, voted for the bill and Marler, a Democrat, against it. In the House, Mendenhall, a Democrat, voted against it and Candler, Glenn, and Foote, Republicans, for it. THE CLOSING YEARS OF RECONSTRUCTION 607 mended his expulsion. In the debate that followed, it ap- peared further that Thorne was a member of a religious society, and his defence was very able and clever, but he was expelled. Had he been a Democrat or even a native Republican, it is not likely that such action would have been taken and it seems that grave injustice was done. Twelve members joined in a strong protest against the decision. A new election was ordered and Thorne was triumphantly re- elected, but never took his seat. A resolution to remove the disabilities of W. W. Holden was introduced in the House, and after two unfavorable reports, was indefinitely postponed.^ A large part of the time of the session was spent in the discussion of a proposition to recognize the debt due on ac- count of the land scrip fund, which had been invested by the Republican board of education in worthless bonds, by giving the University a certificate of indebtedness for the amount and paying the interest. The opposition to the measure, which proved to be considerable, was chiefly based upon arguments that the University stood for aristocracy. But after many very long and exciting debates, and after the bill had failed once, it was passed. Next to the convention bill, a bill to settle the state debt was easily the most important matter before the legislature. This was to be accomplished by scaling the valid bonds and repudiating the special tax bonds. After long debates, this w'as passed. Other acts of importance were those providing for the es- tablishment of an insane asylum for white people at Mor- ' A similar resolution was introduced into nearly every legislature until Governor Holden's death, but was never passed. Once it was certain of passage if Governor Holden would write a request for it coupled with the statement that, while he had acted with good inten- tions, he realized that he had been wrong. He declined to do this and died without being relieved. t. 6o8 RECONSTRUCTION IN NORTH CAROLINA ganton and one for the colored people at Wilmington/ A new charter was given Wilmington by which the city was divided into three wards, two white and one colored. This was passed over the violent protest of Mabson, who threat- ened armed resistance and advised the negroes of Tarboro to take the same course if the charter of that town was altered.' Later an attempt was made to secure an injunc- tion from Judge Bond of the United States Circuit Court to prevent its going into effect, but he declined to grant it. A¥ith the passage of the convention bill the Democrats began to see the end of the long struggle for supremacy and for reform. So confident were they of complete victory that they relaxed their vigilance with rather disastrous re- sults. The adjournment of the legislature was the signal for the campaign to commence, and in it the Republicans, quietly, but none the less effectively, proved that the party in North Carolina was neither dead nor sleeping. 'This was never established, and a few years later the state hospital for colored insane v^^as built at Goldsboro. ' Wilmington Journal, Feb. 26, 1875. CHAPTER SIXTEEN Education in Reconstruction i. the public schools One of the chief purposes of the Northern settlers in North Carohna, if their words can be taken as evidence, was to estabhsh an effective system of common schools based upon the New England plan. They ignored entirely the system which had already been established and which was temporarily inactive, and made their demand for the creation of schools for all one of the main defences of the policy of Reconstruction. There is little doubt that much of this sentiment was real, but, obscured by the greed which characterized the activities of the aliens, it did little for the cause of education in the State. From the begin- ning, their plans were threatened by the hostility which was aroused by the determination of many of them to prevent the separation of the races, their ignorance of the people of North Carolina and of the conditions existent in the State, and the economic and financial prostration which prevented the expenditure of the necessary funds to main- tain the system. At the beginning of the war, Calvin H. Wiley, the super- intendent of schools, was fearful that the school fund of over two million dollars would be used for other purposes. But the governor and Council of State entered into an agreement with him to assist in keeping it intact. In the first legislature, propositions were made to take it, but a violent contest resulted in the preservation of the fund, the 609 6lo RECONSTRUCTION IN NORTH CAROLINA securities of which were not later in doubt. Nor were the securities changed, for, in spite of the pressure to invest in Confederate bonds, the fund remained invested mainly in bank stock which seemed more secure. But the banks were ruined at the close of the war by the loss of Confederate securities and the repudiation of the state war debt, so the result was much the same. The other investments were more secure and had a par value of about one million dol- lars, but the sum finally saved from the wreck amounted to scarcely more than a third of this. A law was passed allowing the county courts to stop the levy of taxes for schools, but few took advantage of it, and in the majority of the counties, the schools were continued in the face of obstacles that might well have daunted spirits far from timid. If one man may be given the credit for such a thing, that man was Superintendent Wiley. His faith in the schools never faltered and his activity never lessened, even when his salary through depreciation sank almost to nothing. He remained in his position until 1865, when Governor Holden refused to recognize him officially and would not allow him to report to the convention.'^ When the convention met, his office was declared vacant. Against his earnest protest, the schools were later suspended and no one was chosen to succeed him. In the convention of 1868, the report of the committee on education was adopted by a strict party vote, and amend- ments providing for the separation of the races in the Uni- versity and in the schools were voted down. The carpet- baggers were planning mixed schools and the decision of the question was left for each county. The general control of the system was vested in the board of education consist- ing of the state officers. ' Record of the Provisional Governor, p. 70. EDUCATION IN RECONSTRUCTION 6l I S. S. Ashley, who was elected superintendent, was, as has been seen, a carpetbagger from Massachusetts. He was not lacking in ability, but only in character and in a suitable temperament for his position. He was full of pre- judices which made him narrow and regardless of the wishes of the people among whom he had elected to live. This was clearly apparent from his course in the conven- tion. He -favored mixed schools, and, like all of his kind, was far more interested in the welfare of the negroes than in anything else except himself. If the charge that he was of negro descent be true, this feeling was not at all un- natural. There is no convincing evidence of his having been as corrupt as some of his colleagues, but he was hand in glove with them, supporting their every act, and he was regarded as one of the most unpleasant carpetbaggers in the State. The " Pilgrim," as he was dubbed by Tur\ier in the Sentinel, was full of energy, and entered upon his duties with more enthusiasm than judgment. The board of education met soon after the new govern- ment was put in operation, but devoted most of its atten- tion to the University. The legislature by resolution or- dered the board to prepare and report by November a plan for the schools, and it did so, but the legislature took no steps in the matter until April, 1869, when an act was passed authorizing the superintendent and the board to organize a system of schools. One hundred thousand dollars was ap- propriated to assist in the work, and it was provided that seventy-five per cent of the poll tax levied by the counties should be used in their support. The question of mixed schools came up again, but the influence of the carpet- baggers was strong enough to prevent their prohibition.^ By November, 1869, a school census was taken, county ex- ^ standard, April 2, 3, 1869. 6i2 RECONSTRUCTION IN NORTH CAROLINA aminers appointed, and the county commissioners ordered to assume the duty of superintendence. J. W. Hood, one of the colored members of the convention, was appointed agent of the board of education and, notwithstanding the fact that neither the law nor the constitution made provision for such an office, assistant superintendent of public in- struction for work in the colored schools. His report showed that educational work was being done among his race by the five following agencies : Schools. Teachers. Pupils. American Missionary Asso- ciation and Freedmen's Union ig 68 2840 Friends' Society 29 40 2425 Episcopal Commission 6 11 600 Presbyterian Church 16 21 lioo Private Schools 82 84 4861 Total 152 224 11,826 The number of schools was later increased to 257 and the enrollment to 15,647.^ The lack of funds for putting the new system into oper- ation was a very serious handicap. The income of the lit- erary fund from all sources was reduced to thirty-three thousand dollars and the assets of the fund were soon in- vested in special tax bonds which never paid any interest and in time were repudiated. The stock of the fund in the Cape Fear and Deep River Navigation Company was sold in a very suspicious manner at a very low rate to T. S. I.utterloh. In 1870, the system went into operation. The report of the superintendent for the year showed the total income to have been $152,281.82, the State appropriation having ''Report of the Superintendent of Public Instruction for 1S69. EDUCATION IN RECONSTRUCTION 613 never been paid. Of the sum mentioned, $42,862.40 was paid to teachers. No accurate figures can be obtained as to the number of schools, teachers, or pupils. Ashley never troubled himself with small details and a large part of his report was con- tradictory and avowedly guesswork. According to his esti- mate, seventy-four counties had schools and the total number was 1,415. He placed the number of pupils at 49,000, of whom 25,000 were colored. His report showed fewer houses than in the preceding year. Eight schools with about 1,500 pupils were aided by the Peabody Fund. Two of these schools, located in Wilmington, deserve special mention. In January, 1867, the Soldiers' Memorial So- ciety of Boston and the American Unitarian Association sent Miss Amy M. Bradley to Wilmington to open a school for negroes. She was a woman of far more than ordinary gifts, possessed of unbounded faith and energy and of the priceless gift of tact. Realizing at once that more good could be accomplished by the training of white teachers, she established two grammar schools, and later, through the generosity of Mrs. Hemenway, of Boston, a normal school was built, which is now the city high school. Out of this work, grew the city system now in existence. Many of Miss Bradley's pupils became enthusiastic teachers and her in- fluence still lives. Assistant Superintendent Hood's report was far more en- lightening, although he did not distinguish between public and private schools. According to him, there were 347 colored schools, 372 teachers, and 23,419 pupils in attend- ance. By far the best work among the colored people was done by the schools conducted under the supervision of the associations before mentioned. The financial condition of the schools did not improve. The State by the close of 1870 owed them $87,291.75. The 6i4 . RECONSTRUCTION IN NORTH CAROLINA securities other than bonds brought no interest and the out- look was dark. The board of education still held the swamp lands, and in 1869, D. P. Bibles, a carpet-bagger who was supposed to be acting in combination with Gen- eral Daniel E. Sickles,^ offered to buy all the lands in Hyde, Tyrrell, and Washington counties, amounting to about three hundred thousand acres, for thirty thousand dollars. He had already sold them in New York for ninety thousand dollars. The board was closing the sale, though the details of the matter were well knovi^n to them, when the legis- lature passed an act prohibiting any sale made without its consent. The deal thus fell through for the time being, but later another offer was made by Bibles who was now associated with Samuel T. Carrow, the United States mar- shal. They offered to pay fifty thousand dollars for the lands, and the board was very anxious to close the matter, particularly as several members were financially interested. The proposal was submitted to the legislature in 1870 and its consent was given to the sale upon certain conditions, chief of which was that one hundred actual settlers should be resident upon the lands before the deed was made. The purchasers soon announced to the board that this require- ment had been fulfilled, and the deed was about to be made when C. L. Harris was approached by several carpetbag- gers who informed him of the existence of the " ring " which would profit by the sale. It included two members of the board of education. He at once began to oppose the sale in spite of the threats, promises, and entreaties of those interested. He relied upon the support of the governor in his position, but the latter declined to listen to his exposition of the conspiracy. The breach between them, already wide, now increased until all relations ceased. Harris was not »H. E. StiUey to W. W. Holden, July 26, 1869. EDUCATION IN RECONSTRUCTION 615 summoned to the meetings of the Council of State, and he and the governor did not speak. His threat to expose the matter prevented the sale at that time and brought forth from Ashley in his last report the following bit of sarcasm : The Board entered into this contract with great deliberation and caution. Notwithstanding by a large vote of both houses of the General Assembly the sale was authorized, and notwith- standing it was urged upon the Board as a desirable and profit- able transaction by persons not interested but thoroughly acquainted with the lands, still the Board refused to act until certain further conditions were assented to by the other con- tracting party — conditions which rendered it certain that neither the Board or the State could in any event suffer loss. The result has justified the action of the Board. And now, without the loss of an inch of ground, or one cent of money, the Board holds its own, and the State can still rejoice in the possession of some three hundred thousand acres, more or less, of unclaimed, untaxable, unprofitable, wild waste of swamp, over which the moor fowl wings his flight, unscared, and through whose jungles the serpent and the bear make leisurely their way. The sale was made, however, after the legislature ad- journed, and Ashley must have been cognizant of the fact at the time he wrote his report. The terms of the sale were far from favorable to the State, a long period being granted the purchasers in which to make payment and no adequate protection being furnished the State against the loss of the lands. The following year saw no improvement in the condition of the schools. The Conservative legislature took all con- trol of the funds out of the hands of the board of educa- tion ^ and reduced the salary of the superintendent to fifteen ^ Laws, 1870-1871, chap, cclxxix. 6l6 RECONSTRUCTION IN NORTH CAROLINA hundred dollars with no allowance for expenses or clerk hire.^ On September 30, 1871, Ashley resigned and ac- cepted an appointment to Straight University in New Or- leans, an institution for negroes, where he found an atmos- phere far more suitable and congenial to him than that of North Carolina, though possibly the financial opportunities were not so good. Before leaving, he had served for a time as editor of the Standard assisted by Martling, his relative, whom he had located in the faculty of the University, but who was finding the financial support given him there scarcely sufficient for his needs or expectations. To succeed Ashley, Governor Caldwell appointed Alex- ander Mclver, professor of mathematics at the University. Mclver was a sincere and honest man who was keenly anxious to build up the schools, but was unable to accom- plish much for lack of support. He was defeated for the Republican nomination in 1872 for reasons already men- tioned, but Reid, who was elected, died before taking office and consequently before Mclver retired. There was strong pressure brought to bear on Governor Caldwell to make a political appointment, Judge Settle, for example, pressing the choice of G. W. Welker,^ but the governor offered the place to Kemp P. Battle who accepted. Mclver declined to surrender his office on the ground that no successor had qualified and that there was therefore no vacancy. He was sustained in this position by the Supreme Court and re- tained the place until the next election. Conditions improved somewhat during this period. The legislature of 1872 levied for the support of the schools a special tax of eight and one-third cents on the hundred dol- lars, a special poll tax of twenty-five cents, and, as before, ^ Laivs, 1870-1871, chap. Ixxxi. "Thomas Settle to T. R. Caldwell, Dec. 31, 1872. EDUCATION IN RECONSTRUCTION 617 gave seventy-five per cent of the state and county poll tax to them. By 1874, the total revenue for school purposes had grown to $412,070.60 and the schools had increased until the figures were as follows : White Colored Total Number of schools 2,820 1,200 4,020 Number of teachers 2,108' 767' 2,875 Number of pupils iig,o83 55,000 174,083 Number of school age.. 234,846 123,088 357,034 The average length of the school term was, however, about ten weeks and the proportion of persons of school age who were not in school was so large that the case seemed almost hopeless. But there were visible signs of a reviving interest in education. The State Education Association roused public interest and the movement for the establishment of normal schools did even more in this direction. The Pea- body Fund was of immense assistance through its financial aid to a number of schools in the State and also in stimu- lating interest. Its grants to schools for the entire period follow : 1868 $2,700 i86g 6,350 1870 7,650 1871 8,950 1872 8,250 1873 9,750 1874 14,300 187s 16,900 1876 8,050 In 1874, the Conservatives nominated Stephen D. Pool for superintendent. The wiser plan would have been to put the office forever out of politics by the nomination of Mc- 'The difference between the number of schools and teachers is ex- plained by the fact that many teachers taught different schools at differ- ent times. 6i8 RECONSTRUCTION IN NORTH CAROLINA Iver, who was a far more suitable man, but such a thing was, scarcely to be expected, political considerations being paramount and party feeling naturally very bitter. Pool was elected and entered upon his duties January i, 1875. He served until July, 1876, when, to the intense horror, anger, and disgust of his party which had made official corruption the chief count of its indictment against the Republicans, he employed a considerable amount of money appropriated to North Carolina from the Peabody Fund in buying a house and lot in Raleigh. Pie was at once forced by the party leaders to resign and Governor Brogden ap- pointed his cousin, John Pool, to succeed him. This action was naturally heartily condemned by the Conservatives who felt that Pool was without the pale. The Sentinel com- menting upon the appointment, said, " The life history of John Pool is written in the prostitution of splendid talents to the base achievements of a selfish demagogue and de- ceitful political charlatan. A more unfit or unworthy public educator could not be found in the person of any equally able and capable man in the State." Pool served until the inauguration of John C. Scarborough who was elected in 1876. The cause of education in North Carolina suffered greatly from the connection of the public school system with politics. The fear of mixed schools made the people dislike the system and, even when that possibility was removed by the amendment of the constitution, the effects were felt for a long time. The real poverty of the State immediately after the war and during Reconstruction had even a more lasting effect upon the people. Always averse to taxation and extravagance, their fear of both was intensified in the reaction from Reconstruction, and any proposition for large expenditure was violently unpopular. This is not the least part of the heritage of evil from Reconstruction. The EDUCATION IN RECONSTRUCTION 619 people did not soon form the habit of spending public money even for a public purpose, and the schools, compara- tively speaking, showed little improvement during the two decades following the close of Reconstruction. 2. THE UNIVERSITY During the entire period of the war, the University of North Carolina never closed its doors. Year by year, its student body decreased until there remained only a mere handful, all disabled by service or too young to go to the front. With the students went the younger members of the faculty, but the older professors, led by President Swain, continued at their posts, determined that the exercises of the institu- tion, begun in 1795, should not be suspended.^ With the return of peace, it was hoped that students would return and that the University might soon reach its former prosperity. There were, however, two great ob- stacles to this consummation. The most important was the appalling economic prostration of the State and the South; ^ the other was the financial condition of the University itself. The debts were more than one hundred thousand dollars, not including arrears of salaries. To pay this sum there were two thousand shares of worthless bank stock, twenty- five thousand dollars in Confederate securities, and some ' The contribution of the University to the Confederate service was remarkable. Of its matriculates between 1830 and 1867, numbering'2S92, it is known that iioo or 42.4 per cent entered the army. Of those entering between 1851 and 1861, 1331 in number, 800 or 60.1 percent were in serv- ice. The death list was more than three hundred. The University con- tributed one lieutenant general, one major general, thirteen brigadier generals, fifty colonels, twenty-eight lieutenant colonels, forty majors, forty-six adjutants, seventy-one surgeons, two hundred and fifty-four captains, one hundred and fifty-five lieutenants, and thirty-eight non- commissioned officers. ^ About fifty per cent of the students in i860 were from states other than North Carolina. 620 RECONSTRUCTION IN NORTH CAROLINA small amounts otherwise invested. Tlie debt was later scaled to twenty-seven thousand dollars and the University pledged as security for payment its property at Chapel Hill and its lands in Buncombe County.^ The legislature in 1866 appropriated seven thousand dollars for running ex- penses, and this was of considerable temporary assistance. Early in 1867, President Swain secured from the General Assembly the transfer of the land scrip granted by Congress under the Morrill Act of 1862 for the support of an agri- cultural and mechanical college. Certain conditions were imposed which were agreed to. North Carolina was en- titled under the act to thirty thousand acres and President Swain at once went to Washington to secure it. President Johnson ordered the transfer made and the trustees decided to sell the scrip at the market price, and in August, made an agreement of sale with a Detroit firm at fifty cents an acre, ten thousand dollars to be paid at once and the re- mainder when Congress should recognize the State. The trustees decided to apply a small part of the purchase money to running expenses and this was done without reference to the legislature, which was prevented from meet- ing by military order. In the spring of 1866, the student ball managers selected as honorary managers, President Davis, General William R. Cox, General John C. Breckinridge, General Robert D. Johnson, General Robert E. Lee, and ex-Governor Vance. This action was taken without consulting the wishes of the faculty or of the gentlemen selected. The faculty was panic-stricken and laid the matter before the trustees who decided that the election was improper. The effect of the thing in the North as well as in the State was feared, and, as events proved, this feeling had a good foundation, for This mortgage was later declared void by the Circuit Court ot the United States. EDUCATION IN RECONSTRUCTION 62 1 the radical press was unsparing in harsh criticism of the " rebel sentiment " which was said to dominate the institu- tion, the Standard going so far as to threaten punishment in the future. In 1867, President Johnson, Secretary Seward, Post- master General Randall, and General Sickles were present at commencement. The President had received the degree of LL.D. the year before, and it was now conferred on Secretary Seward. During 1867, two professors resigned and it became evident that failure was near. Governor Worth called the trustees into special session in August and urged that effi- cient measures be taken to preserve the institution. It was clearly apparent that President Swain had outgrown his use- fulness. He was growing old, was very deaf, and was not ec[uipped for meeting the new conditions which now had to be faced. Pie had naturally rio realization of these facts, but on July 23, wrote Governor Worth, " I am ready to give place to any one who can assume my position under more favorable auspices, at the earliest period at which the board may be pleased to designate a successor." ^ It never occurred to him, however, that his offer would be accepted. The meeting was held and was attended by the leading trustees. Kemp P. Battle, in consultation with Professor Charles Phillips, had determined to secure the remodel- ing of the institution and, in pursuance of the plan. Dr. Phillips obtained the resignations of all the faculty, includ- ing the president. These were accepted by the trustees with the request that they hold over until their successors should be chosen, and a committee was appointed to devise a plan of reorganization. An elaborate report was made in De- cember and adopted, with the provision that it should go into effect in 1868. 'Hamilton, ed., Correspovdence of Jonathan Worth, p. loio. 622 RECONSTRUCTION IN NORTH CAROLINA In the meantime, the new constitution had been adopted, and by its provisions, the existing board of trustees, which had been elected by the General Assembly, was replaced by one chosen by the board of education, consisting of the state officers, who were ex officio trustees. In consequence of this, the outgoing board at their last meeting re-elected the president and faculty and abandoned the new scheme of reorganization. The new system of control which went into effect in July, 1868, was purely political and was designed to be so. The governor was chairman of the board of trustees and also of the executive committee, which consisted of the board of education and three trustees chosen by the trustees. This political character was apparent when the new board of trustees was finally elected. The constitution required that they should be selected, one from each county, but this was not followed because of the desire of the board of educa- tion to place upon the board of trustees certain prominent Republicans, chiefly carpetbaggers. Of the new board, eighteen were alumni, but only five members had previously served on the board. ^ Almost every member was a partisan Republican, and the executive committee was dominated by Governor Holden. It was a matter of common knowledge, long before the meeting of the board, that a clean sweep would be made of the old faculty and that a " loyal," that is to say partisan Republican, University would be estab- lished. The change was received with deep anger and dis- tress by the friends of the old University, who were not slow to express their feelings and to contrast the governor of 1868, bent upon making the University Republican, with the editor of the Standard, who in 1856, led the hue and ' Neill McKay, Thomas Settle, John Pool, M. McGehee, and W. W. Holden. EDUCATION IN RECONSTRUCTION 623 cry against Professor Hedrick whose only crime had been a quiet desire to vote for Fremont. The first meeting of the trustees was held in July. Presi- dent Swain was notified of the meeting and was present, certain of his retention as president. Ex-Governor Manly, who had been for many years secretary of the board, was also present by invitation and read his report. The next day, in Swain's absence, his resignation and those of his colleagues, which had been presented to the old board in 1867, were accepted and their later re-election ignored. In August, Swain sent a protest to Governor Holden, in which he insisted that the board had no power of removal save for "misbehavior, inability, or neglect of duty." No charges of the sort had been made against him, and in addition, he urged, the constitution recognized the president and made him ex officio a member of the executive committee. No^ attention was paid to his protest, and a week later he was thrown from his buggy and fatally injured. To serve on the executive committee, the trustees chose Thomas Settle, William B. Rodman, and J. F. Taylor. R. W. Lassiter was elected secretary and treasurer. Upon motion of W. F. Henderson,^ a committee was appointed to prepare a plan for the continuance of the institution. The executive committee was given full power to put into operation a " thorough and efficient organization of the University upon the proper and liberal basis contemplated by the constitution," to elect a president, devise a system of government, and to resume exercises. The one limita- tion placed upon them was that no one should be elected to the faculty who had not " an established national reputation as a scholar and educator." Many trustees, notably Chief ' There is somethinp; tragically comic in the activity of Henderson in the "rebuilding" of the University, for he was uneducated, almost illiterate, and not of a type that had any interest in education. 624 RECONSTRUCTION IN NORTH CAROLINA Justice Pearson, were opposed to the great power of the executive committee. The first step in the reorganization of the institution was the offer of the presidency to L. P. Olds, a son-in-law of the governor. He declined, and during the delay that fol- lowed, a son of C. L. Harris, the superintendent of public works, was appointed superintendent to care for the build- ings and grounds. The trustees met again in November and voted down a proposition for co-education and one, championed by Judge Rodman and Judge Tourgee, for provisional appointments to the faculty. A proposal that the state treasurer should serve as treasurer of the board and the superintendent of public instruction, as secretary met the same fate. After this meeting the charge was made by the Sentinel ^ that Rodman, Ashley, and J. F. Taylor had introduced a resolution providing for the admission of negroes, and this story spread all over the State and is heard to-day. The minutes mention no such proceedings, and there is scarcely any doubt that the rumor was false. A considerable number of Republicans, most of them car- petbaggers, strongly favored such a plan, and it was even proposed in the legislature. Just prior to this meeting of the trustees, Sinclair proposed to pay the trustees the same per diem and mileage as the members of the legislature.^ This fortunately failed to pass or the State would have been cursed with another such body as the legislature in almost constant session so long as the funds held out. One open and active candidate for the presidency ap- peared in the person of Rev. W. H. Doherty, a carpet- bagger who had been an army chaplain. He submitted a voluminous report to the board containing a plan of reor- ' Issue of Nov. 23, 1868. '/fo. Journal, pp. 23, 25. Sentinel, Nov. 21, 1868. EDUCATION IN RECONSTRUCTION 625 ganization, but ideas on educational subjects were not looked for by the executive committee, and, lacking family influence, he was not considered. The executive committee met on January 2, 1869, and elected Rev. Solomon Pool president. He was a brother of John Pool, a graduate of the University who had served as tutor and as adjunct pro- fessor. He had left in 1867 to accept a position in the internal revenue service. Not only did he lack national reputation, but he was unknown to the State. He was, however, a man of some ability. He owed his election to his brother's influ- ence and to a public statement which he had made some time before, that the University " should be thoroughly loyalized. Better close it than have it a nursery of treason to foster and perpetuate the feelings of disloyalty. Let the present Board of Trustees be superseded by a loyal Board and the University will be a blessing instead of a curse." The selection of professors was made on a somewhat similar plan. As professor of mathematics, they chose Alexander Mclver, a graduate of the University and a member of the faculty of Davidson College. He was able, active, and entirely honest, but owed his election chiefly to the fact that he had practically been forced from his posi- tion at Davidson on account of politics. Fisk P. Brewer, a graduate of Yale and a man of undoubted scholarship, was elected professor of Greek.^ He was at the time at the head of a negro school in Raleigh. He injured himself very much in public estimation by boarding in a negro fam- ily for some time after his arrival in Chapel Hill. David S. Patrick, a nephew of Judge Settle, also a graduate of the University, was chosen professor of Latin. He was without qualifications or reputation. James M. Martling, of Missouri, a brother-in-law of Ashley, was elected pro- • Brewer was a brother of Justice Brewer of the United States Su- preme Court. 626 RECONSTRUCTION IN NORTH CAROLINA fessor of belles-lettres. He also lacked reputation or any other qualifications. George Dixon, an Englishman, was made professor of agriculture. What influence led to his appointment cannot be discovered. The University, so organized and officered, w^as doomed to failure from the outset. It opened for students March 3, 1869, and a very small number attended. Practically all of them were from Republican families or from the village of Chapel Hill. Without reference to political considera- tions, there was not much offered by the institution that anyone wanted, and all who could afford it, whether Con- servatives or Republicans, sent their sons elsewhere. The attendance during the first year was thirty-five, twenty-five of whom were in the preparatory department. The second year the number rose to fifty-three, twenty of whom were preparatory pupils. By this time, it was apparent that the end was approaching. There was no money, a proposed appropriation of twelve thousand dollars having been de- feated in the legislature, and salaries, small as they were, were paid but slowly. President Pool took up his work as a revenue officer, for which he was far better adapted, and the faculty began to leave. The Republicans declared the result was caused by a Conservative conspiracy, and while there was nothing of the sort, the old friends of the insti- tution made no secret of their hostility towards the new administration and of their determination not to recognize it or support it in any way. The University as constituted was a fraud and a farce and deserved to die. The admin- istration made a great show for a time, and the prosperity of the institution, the soundness of its scholarship, and the breadth and liberality of its culture were all enlarged upon, but the facts were all against the statements. The property of the University was badly cared for, the buildings and library in particular being abused. In 1870, EDUCATION IN RECONSTRUCTION 627 the end came and the doors were closed. Governor Hol- den advised that the property should be rented, but no one applied for it. The student body having disappeared, there was nothing for the faculty to do, and it was reduced to the president and three professors who still held on. Pool gave practically all his time to his duties in the revenue service and, when urged to resign by a friend in Chapel Hill, replied, " I would not resign for fifty thousand dol- lars." Finally, at a faculty meeting in 1871, when Pool was absent, Mclver introduced a resolution to the effect that no' member of the faculty desired to be in the way of the resus- citation of the institution and that it was clear that they did not have the confidence of the public. Patrick voted with him and Brewer opposed the resolution. Martling was in Raleigh assisting Ashley in editing the Standard or he would doubtless have voted with Brewer. Shortly after- wards, Mclver succeeded Ashley as superintendent of public instruction, and in 1872, advocated the complete reorgani- zation of the University. By this time, Martling had gone, and Brewer had received some minor foreign appointment. He held this for several years, but returned to the United States later and became a professor in the still more unfor- tunate University of South Carolina in the closing years of Reconstruction. Interest in reorganization was general among the alumni, but the lack of means and the Repub- lican board of education presented obstacles that seemed insuperable. In 1873, the board of education called a state educa- tional convention which met in Raleigh in July. Judge William H. Battle was chairman and in his address made a strong plea for the University. Robert Bingham also spoke in its behalf, and the committee on the subject brought in a report which called for immediate revival. This was 628 RECONSTRUCTION IN NORTH CAROLINA adopted as was a resolution expressing the feeling of the convention that the institution should be entirely removed from political or sectarian control or interference. The passage of this latter resolution was brought about by the demand made by two ministers present that their respective denominations should be represented on the faculty. There v/as to be seen in the discussion the germ of the de- nominational opposition to the University which was to develop later. During the session of the legislature in the spring of 1872, after that body had shown itself favorably inclined towards the public schools, the question of the University was brought to the personal attention of the members. There was a strong disposition to revive it upon a non- partisan basis, but the chief difficulty was the attitude of Solomon Pool who did not wish to surrender the title of president. The trustees adopted a resolution asking the assistance of the alumni ^ and, in response, fifty-five of them met in Raleigh and expressed their entire willingness to aid if the institution was taken out of politics. A quorum of the trustees conferred upon the matter and instructed Mclver to send to each member of the board an account of what had been done and to request them to resign. At first there was a very favorable response and resignations came in rapidly. Then the Pool influence was brought to bear upon the threatening situation. John Pool wrote Mclver that he disapproved of the whole plan and sent out a circu- lar letter to the trustees, urging them in behalf of the Re- publican party not to resign and, if they had already done so, to recall their letters. Rev. James Reid, who was a member of the board, agreed with Pool that the institution should be kept on a partisan Republican basis, and, in grati- ' President Pool had already issued a letter to the alumni asking their assistance, but no attention had been paid to his request. EDUCATION IN RECONSTRUCTION 629 tude, Pool secured his nomination for superintendent of public instruction. Another opponent of any change in the system was R. W. Lassiter, who drew a salary of one thousand dollars for his nominal position as secretary and treasurer. Reid had been instrumental in preventing a re- duction of his salary and thereby won Lassiter's gratitude.^ In consequence of these facts, the plan for revival slum- bered until the legislature of 1872 met and adopted the amendment to the constitution proposed by the preceding legislature, by which the appointment of trustees was placed in the hands of the legislature. This was ratified by the people in 1873 ^i^d ^ new board of trustees was chosen, which met in February, 1S74, and organized with William A. Graham as chairman and Kemp P. Battle as secretary and treasurer. Governor Caldwell was asked to preside, but he denied the validity of the constitutional amendment and refused to recognize the new board. A committee was at once appointed to take charge of the property of the University. Mclver notified the governor of his intention to turn over to it the seal and records, and Caldwell replied that he denied the right of the legislature to elect trustees and warned Mclver not to yield to them. Mclver urged the governor to give in, but Caldwell was determined to fight the matter out and would not listen. The chief cause of his opposition was ill-temper, but the assigned reason was that the legislature of 1871 had passed sixteen amendments in one bill, and the legislature of 1874 had accepted only eight of them and had submitted them to the people in as many separate bills. A demand upon Pool for the keys met with a decided refusal. A friendly suit was then brought against Mclver and was decided in favor of the trustees.'- About •Alexander Mclver to the Sentinel, April 23, 1872. 'University v. Mclver, 72 N. C, 76. 630 RECONSTRUCTION IN NORTH CAROLINA this time the mortgage upon the University property which had been foreclosed was declared void and the institution was thus left unincumbered. The new board of trustees met in the spring of 1875, and, having adopted a plan of reorganization, elected a faculty, three of whom had served in the former one. Dr. Charles Phillips was elected chairman, and the doors of the institution were opened in the autumn with much ceremony. The next year, Kemp P. Battle was chosen president and the University began slowly to climb back to health and strength that it might enter with its full powers upon a career of greater usefulness, free from any taint of politics, in the service of all the people. CHAPTER SEVENTEEN The Overthrow of Reconstruction i. the convention of 1875 Scarcely had the legislature of 1874 adjourned when the press and people of the State commenced a discussion of the convention question. From the beginning, the Re- publicans had high hopes of electing a majority of the mem- bers and, on account of the division of sentiment among the Democrats as to the wisdom of calling a convention, their hopes seemed not unfounded. On June i, the Democratic executive committee^ issued an address to the people on the subject. The history of the existing constitution was reviewed and stress was laid on its origin in a military despotism, and on its lack of suit- ability to the needs of the State. The plurality of judges in two districts, the slow administration of justice in many counties, and the question of the penitentiary were men- tioned as examples of its defects. The address showed that proper restrictions had been placed upon the convention by the General Assembly and that the people need have no fear that they would be deprived of any protection guaranteed by the existing constitution. Republicans who were dis- gusted with the scandals of the national administration and who were opposed to the civil rights bill were invited to 'The committee was composed of William R. Cox, chairman, R. H. Battle, C. M. Busbee, R. B. Haywood, J. J. Davis, W. H. Jones, S. A. Ashe, W. N. H. Smith, and O. P. Meares. 631 632 RECONSTRUCTION IN NORTH CAROLINA cooperate with the Democrats in the work of reform, and assurance was given that the Repubhcan party, still con- trolled and guided by carpetbaggers, would do nothing for them/ The Republicans devoted most of their time to condemna- tion of the legislature for calling a convention and to paint- ing lurid pictures of what the Democrats would do if they secured a majority. The party, however, was divided upon the question, and a number of prominent members were frankly in favor of a convention, notable examples being IVTarcus Erwin and Charles R. Thomas, the latter refusing to accept the party nomination for delegate from Craven.^ The final policy of the party was summed up in a pledge made by a majority of its candidates to adjourn as soon as the convention was organized. Here again was to be found dissent, for Chief Justice Pearson said publicly that such an action would be utterly wrong, and Judge Rodman, who declined to accept the Republican nomination for delegate but ran as an independent, urged that the convention should make certain needed reforms. Judge Buxton was also a candidate, but as a Republican and an exceedingly partisan one. Judge Watts, strange to say, was not a candidate, but took the stump and made a number of bitter speeches, many of them while holding court. Every effort was made to frighten the people into giving a Republican majority. The press gave daily assurance that, if the Democrats controlled the convention, it would levy a tax to pay for the slaves ; ^ that townships would be abolished and county courts restored ; * that Jefferson Davis ^Sentinel, June 3, 1875. ''Carolina Messenger. July i, 1875. 'Raleigh Constitution, Aug. 5, 1875. ■* Raleigh Era, June 24, 1875. THE OVERTHROW OF RECONSTRUCTION 633 would be made president of the University with a salary of ten thousand dollars ; that the public schools would be abol- ished; ^ and even that there was grave danger of secession." The Raleigh Constitution ^ summarized the chief arguments against the convention as follows : Convention means Revolution. Convention means the Whipping Post and Pillory. Convention means Imprisonment for Debt. Convention means War. Convention means Apprentice laws, which is one of the worst features of Slavery. Convention means Ruin. Convention means poll-tax qualification for voting. The negro question was soon injected into the campaign. Page, a negro candidate in Chowan, in one of his speeches, said, "If we get control of that convention, we will give the white folks h — 1, d — n 'em. No distinction of color shall be known in anything. If a negro woman wants to marry a white man, or a negro man a white woman, no law shall prevent it." ^ The increasing claims of the negroes had attracted notice, and in several districts of the State, it seemed likely that every federal office would be filled by a negro. Just before the election, the Charlotte Democrat said, " White men of North Carolina, are you ready for mixed schools, for negro Judges, for negro Representatives, for negro Senators? Are you ready to forget that while you guarantee to the negro all his political and legal rights, this is a white man's government, framed by the wisdom of the white men, and secured by the blood of the white ' Constitution, Aug. 3, 1875. '^ Era, May 20, 1875. ^ Issue of July 30, 1875. * Sentinel, July 27, 1875. 634 RECONSTRUCTION IN NORTH CAROLINA race? If you are ready for such tremendous changes, stay away from the pohs on the day of election. If you are not ready for all these, come up, every man of you, and vote for the men of your race." ^ It was very difficult to rouse much enthusiasm in the cam- paign, particularly among the Democrats, who felt certain of success and were, therefore, inclined to be apathetic. The Republicans were not intensely aroused, but in the party was hope and at this time almost every member of the party could be relied on as certain to go to the polls, a factor which was very uncertain among the Democrats. But the leaders on both sides struggled valiantly and a steady cam- paign was maintained until the election. Election day came and went quietly. The result was in doubt for two days, at the end of which the Democrats claimed a majority in the convention. Two days later they conceded that the Republicans would have a majority of at least two. The blow was a hard one, for the most conservative Democratic estimate had given the party a majority of ten. A few days later, however, more returns came in and the Democrats claimed a majority of one, while the Republicans, on the strength of the election of several independent candidates, asserted that the victory was theirs. In Robeson County, there was a contest. On the day of election, W. R. Cox, the Democratic chairman, had tele- graphed there, "As you love the State, hold Robeson." There indeed was the pivotal point and both sides claimed the victory. McEachern and Sinclair, the Democratic candidates, received the certificate, but Norment and Mc- Neill, the Republican candidates, sued for a mandamus and filed a complaint in the courts. The case was argued before Judge Settle at chambers on the first of September and he 'Issue of Aug. 2, 1875. THE OVERTHROW OF RECONSTRUCTION 635 ruled himself without jurisdiction and the matter was left for the decision of the convention. The organization of the convention was seen to be of great consequence, for control would belong to whichever party might be strongest at the beginning. Therefore, every influence was brought to bear by each side, with entire success, to have its full strength on hand when the session began. Returning to the election, the vote is exceedingly inter- esting. By districts it was as follows : ^ District. Democratic Republican candidates. candidates. I 13,607 12,064 2 11,074 20,917 3 13,765 14,19s 4 14,136 15,133 5 9,904 10,521 6 12,016 10,950 7 10,274 3,311 8 10,261 8,100 Total 95,037 95,191 It is thus seen that more Republican votes were cast than Democratic. Only the fact that they were grouped in fewer counties saved the Democrats from defeat. As it was, they had no margin that entitled them to boast. The race issue was quite sharply drawn in several parts of the State, and Franklin County, for example, had only nine white Republican voters. Apathy and over-confidence, however, on the part of the Democrats in general came near throwing the State into the hands of the Republicans. The negro vote was practically solid and the charge was made, apparently with some truth, that negroes were im- ported into Mecklenburg County from South Carolina. As ' Wilmington Journal, Sept. 15, 1875. 636 RECONSTRUCTION IN NORTH CAROLINA a result of the campaign, Democratic policy entered upon a new era \ extract : ^ new era which is best described in the following editorial This paper in the future is in favor of drawing the line be- tween the white and black, regardless of the consequences. Let the line be drawn. Are you in favor of the white man's government? This will be the only question in the future. Let the watchword be hereafter — Stick to your color ! It is useless to attempt to reason with ignorant negroes. The elec- tion clearly demonstrates that fact. William A. Graham, who was one of the delegates from Orange, died soon after his election, and Governor Brogden issued the writ for another election, fixing its date ten days after the day appointed for the meeting of the convention. The Democrats at once charged the governor with partisan- ship in thus delaying the election but it soon appeared that he was obeying the law and most of his critics made the amende honorable. On September 5, the convention met and was called to order by Judge Settle of the Supreme Court. ^ The conven- tion was composed of fifty-eight regular Democrats, fifty- eight regular Republicans, and three independents. The death of William A. Graham deprived the Democrats of one vote that they needed greatly and no one was able to sa}^ what would be the result of the meeting. The mem- bers were not of any unusual ability, but quite a large num- ber had had legislative experience, thirty-two being mem- ^ Albemarle Register, quoted in Sentinel, August 13, 1875. ' Judge Settle stated that he did this at the request of the justices of the Supreme Court and of the secretary of state, the latter being the only person mentioned in the act providing for the convention and being unwilling to assume the responsibility of organization when so much was in doubt. THE OVERTHROW OF RECONSTRUCTION 637 bers of the existing legislature. One member had been in the convention of 1861/ three had served in the convention of 1865,^ and six in the convention of 1868/ Six were negroes.'' Immediately after the convention was called to order, A. W. Tourgee offered the following protest against the required oath, signed by twenty-five Republican delegates : We, the undersigned delegates to this convention, protest against the validity of the oath prescribed in the act of the General Assembly calling this convention as being beyond the power of any legislature to impose, contrary to the political history, usages, and precedents heretofore acknowledged and acted upon by both political parties in this State, subversive of the rights and derogatory to the dignity of the people of the State.'' When the delegates came forward to be sworn, objec- tions were raised in the case of those from Robeson. Judge Settle then directed McEachern and Sinclair to stand aside, whereupon objections were made to the qualification of six others, five of whom were Republicans," and all were made to stand aside. At the close of the roll call, all were sworn in and the question of validity of election left to the future action of the convention. The first test of party strength came in the election of a president. Oliver H. Dockery was nominated by the Re- publicans and ex-Governor Reid, amidst great applause ' Ex-Governor David S. Reid. '■^R. P. Buxton, William Barrow, and W. T. Faircloth. 'A. W. Tourgee, Wilson Carey, J. Q. A. Bryan, Plato Durham, G. Z. French, and R. W. King. '}. H. Smythe, Wilson Carey, W. P. Mabson, E. J. O'Hara, J. R. Page, and J. O. Crosby. 'Journal, p. 3. '"'Joseph Dobson, a Democrat, and R. C. Badger, J. M. Bateman, T. J. Dula, J. Q. A. Bryan, and B. F. Jones, Republicans. 638 RECONSTRUCTION IN NORTH CAROLINA by the Democrats, nominated Dr. Edward Ransom, of Tyrrell, one of the independents who had formerly been a Republican but had recently shown signs of inclining towards the Democratic party. He promptly declined the nomination amid Republican applause. The ballot was then taken and Ransom received fifty-nine votes, one less than the number recjuired for election, and Dockery fifty- eight. A second ballot made no change, and the conven- tion adjourned. On the following day, eleven ballots were taken without an election. The Democratic strength never varied but Dockery's vote dropped as low as forty-eight. Finally, on the fourteenth ballot. Ransom said, " This bal- loting has gone on long enough. I have not sought this position ; I do not desire it. I have cast my vote twice to defeat myself. The people seem to demand that this body be organized. I have made every effort to procure a com- promise ; I now cast my vote for Edward Ransom, the dele- gate from Tyrrell County, let the consequences be what they may." This vote broke the deadlock, and the final result was Ransom, sixty; Dockery, fifty-eight; Durham, one. An interesting happening during the progress of the balloting was a speech by Dixon, a Republican member, in which he said, pointing to the negroes who crowded the galleries and lobbies, " It is very close; this may last for- ever. These are all our friends ; why should we not select a president?"^ There was an immediate uproar among the negroes and it was feared that there was a plan of vio- lence, but if there was such a thing, it met with no suc- cess, for quiet v/as restored in a few moments, Immediatel_y after the officers were elected, Tourgee moved that the convention adjourn sine die. The motion was defeated 59 to 57. This attempt to carry out the party ^ Carolina Messenger, Sept. 16, 1875. THE OVERTHROW OF RECONSTRUCTION 639 pledge was renewed without success twelve times during the session. On the day of organization, R. C. Badger introduced a resolution providing for the relief of William W. Holden from the disabilities imposed b}' the court of impeachment. It was placed upon the calendar and caused a great deal of debate at intervals during the session. The committee to which it was referred took the ground that the resolution was legislative in character and consequently beyond the power of the convention. A. C. Avery offered a substitute providing that no person convicted upon an impeachment should be pardoned except by a bill passed by a majority of the members of each house of the General Assembly and only after five years from conviction.^ This was later withdrawn. Not all the Republicans favored removing Holden's disabilities, Rufus Barringer, of Mecklenburg, for instance, making a strong speech against it in which he said that in 1869, a Republican committee, of which he was a member, had warned Holden of the danger of his course. There was, however, in the State a considerable Democratic element in favor of removal. The Charlotte Democrat was the mouthpiece of this sentiment, and, in the convention, Plato Durham was the leader. But on September 24, the resolution was rejected, the vote standing 53 to 56.' Several efforts were made to secure definite action in the Robeson County contest. The matter was referred to the committee on privileges and elections, which reported ad- versely to a resolution unseating the two Democratic mem- bers, on the ground that it was necessary for the contestants to show cause. A minority report in favor of the con- testants was also presented.'' A motion to recommit with 'Sentinel, Sept. 25, 1875. 'Journal, p. 127. "/did., p. 120. 640 RECONSTRUCTION IN NORTH CAROLINA authority to take testimony elicited considerable debate and a sharp filibuster by the Republicans. When the vote was reached, Tourgee offered an objection to the vote of the sitting members from Robeson, and upon an adverse de- cision by the president, the Republican side burst into an uproar of hoots, hovi^ls, and hisses which continued for two hours. The members crowded into the aisles, cursing and threatening, and at the same time a large number of armed negroes filled the lobbies. It was unquestionably an attempt to terrorize the Democrats, but it failed entirely and the demonstration ceased.^ The election case was again referred and, the Republicans opposing all efforts to have testimony taken, no further report was made. The conven- tion, however, allowed the contestants per diem and mileage for the session ^ and nineteen members entered a protest against this action. The convention fixed the per diem at $4, and the mileage at ten cents. A resolution on the judicial department, reducing the number of Supreme Court judges from five to three, pro- voked a sharp debate. The Republicans chose to regard it as an attack upon the Supreme Court, but, upon the final passage of the resolution, nineteen of them voted for it* In the debate, many caustic allusions to carpetbaggers were made, and Tourgee came forward in their defence. He made a very heated speech and involved himself in an argu- ment in which he was worsted. He maintained that Co- lumbus, the Pilgrims, and even Jesus Christ were carpet- baggers. As in 1868, he was prominent in all the debates, but contributed little to constructive work. Josiah Turner replied to him very effectively. Tourgee had requested that the shades might be pulled down to shut out the sunlight. ' Sentinel, Sept. 28, 1875. ^Journal, pp. 203-04. 'Ibid., pp. 74, 90. THE OVERTHROW OF RECONSTRUCTION 641 Turner during his speech proceeded to show to his own satisfaction and to the discomfort of Tourgee that his parallels were not well selected. Declaring that the conven- tion wanted light, and asking that the shades might be raised, so that the light poured into Tourgee's face, he called attention to the characteristics of the carpetbaggers and declared Judas Iscariot the original carpetbagger if he might be judged by his character and acts. Naturally the relations of the races caused much discus- sion, but the various ordinances on the subject were passed by good majorities. During the debate on the prohibition of intermarriage, O'Hara, a negro delegate, offered an amendment making the cohabitation of a white person with a negro a felony. This was rejected by a vote of 46 to 59. An amendment introduced by Tourgee making sexual in- tercourse between the races a misdemeanor was also re- jected, the vote standing 43 to 61.^ As was to be expected with so narrow a majority, the Democrats had to be very careful of their movements. During the first ten days of the session, no Democratic dele- gate left the hall even for a moment without pairing with some one of the opposite party. Matters changed some- what a little later, but great care was observed until the session closed. To the bitter disappointment of the State as a whole, the convention took no action in regard to the debt. Every proposition in regard to it was rejected or stifled in com- mittee. The sentiment of the majority in the body was probably favorable to the entire repudiation of the special tax bonds, but they saw no way to do it safely and thought it best to let the whole matter rest for the time being, with- out, however, having any intention of ever recognizing any obligation to pay them. ' Journal, pp. 263-4. 642 RECONSTRUCTION IN NORTH CAROLINA After providing for submitting the amendments to the people, the convention adjourned on October 11, the thirty- first day of the session. The total cost of the meeting was $35,061.52. The work of the convention was of great importance. Thirty amendments were adopted out of a much larger number proposed. Sixteen of these passed unanimously, while four were adopted by a strict party vote. They may be summarized as follows : In the Bill of Rights, a new clause authorized the legis- lature to forbid the carrying of concealed weapons.^ An- other declared secret political societies dangerous to the liberties of a free people, and that they should not be tol- erated.^ In the Legislative Department, some changes were made. The time of meeting was changed from the third Monday in November to the first Monday in January. The appor- tionment of each house was stricken out. The terms of the members were made to begin at the time of election and the per diem was fixed at $4 for a period not to exceed sixty days and the mileage was fixed at ten cents. In the event of an extra session, compensation could continue for twenty days only. Very small changes were made in the Executive Depart- ment, the direction to the legislature to establish a depart- ment of agriculture and statistics being the most important. Quite a number of important changes were made in the Judicial Department. The number of Supreme Court jus- tices was reduced from five to three and of Superior Court judges from twelve to nine. All were to be chosen by the people on a general ticket for a term of eight years, but it was left within the power of the legislature to return to 'Art. I, sec. 24. ^Art. I, sec. 25. THE OVERTHROW OF RECONSTRUCTION 643 election by district and to increase the number of districts and judges. The principle of rotation of the judges was adopted. The legislature was given power to alter and dis- tribute the judicial power among the courts inferior to the Supreme Court, and to provide for election of judges. In this way control of the justices of the peace was gained by the legislature. It was also provided that any judge might be removed from office by a two-thirds vote of both houses of the legislature for mental or physical incapacity. Under the head of Suffrage and Eligibility to office, the residence required for voting in any county was changed from sixty to ninety days. All persons convicted of a fel- ony or infamous crime were debarred. Other important changes were those giving the General Assembly full power over county government, including justices of the peace, setting aside for the school fund the proceeds from all fines and forfeitures, giving authority to the state government to farm out convicts, providing that a call for a constitutional convention must be submitted to the people, while amendment by the legislature was simpli- fied by a provision that it might be done without the concur- rence of the succeeding legislature. Marriage between a white person and a negro to the third generation inclusive was prohibited, and separate schools for the races were re- quired. It was also provided that none of the amendments adopted should have the effect of vacating any office. The convention failed to do much that the people de- sired, and, while what was accomplished was important, the constitution remained defective and is so to a great extent to this day. 2. THE CAMPAIGN OF 1876 Both parties now turned their attention to the campaign of 1876. The press, particularly the Democratic news- 644 RECONSTRUCTION IN NORTH CAROLINA papers, began to devote much space to discussions of pro- posed candidates and a large number were mentioned for governor, among whom were A. M. Scales, J. M. Leach, W. N. H. Smith, D. G. Fowle, George Davis, David S. Reid, John A. Gilmer, and Josiah Turner. But the eyes of the whole party turned to Vance, and there was never really any doubt that he would head the Democratic ticket. In some respects, he was a dangerous candidate, for he had been in public life for a long time and had made many ene- mies, particularly during the war. But, on the other hand, there was no man in the State who seemed as strong in a campaign and who held such a high place in the estimation of the people. In March, William R. Cox, the Democratic chairman, was arrested for conspiracy under the Enforcement Act, the particular offence being his telegram sent during the campaign of the preceding summer, " As you love the State hold Robeson." If this was intended to accomplish the former result of the force legislation, namely, political inti- midation, the instigators were disappointed, for the Circuit Court of the United States at once dismissed the case. The Democratic convention met in Raleigh on April 14. Every county in the State was represented and over a thou- sand delegates attended. In no convention of the party since the war had there been such enthusiasm or such de- tennined confidence of success. Seven names were pre- sented to the convention,^ but Vance was nominated on the first ballot, only four votes being cast against him. Thomas J. Jarvis was chosen for lieutenant governor. A very strong ticket for state officers was then nominated and a reform platform adopted. Vance's nomination was well received by the people and his solemn avowal, on being ' D. G. Fowle, D. S. Reid, W. R. Cox, John A. Gilmer, C. C. Clark, W. F. Martin, and Z. B. Vance. THE OVERTHROW OP RECONSTRUCTION 645 notified of his selection, that " Before God these hands are clean," began the campaign well. The Republican convention met in Raleigh on July 12. Every county but two was represented and here also was great enthusiasm. The membership once more included a very large number of carpetbaggers and negroes, the chief reason for this being the fact that the party machinery was in the hands of federal office-holder, where it was to con- tinue for many years, and carpetbaggers were particularly favored by the federal government. As proof of this the following facts are interesting. Two of the internal reve- nue collectors, ten of the thirty-six deputy collectors, seven of the forty-seven gaugers, nine of the one hundred store- keepers, two of the four registers in bankruptcy, thirteen of the thirty United States commissioners, one marshal, the postmaster at Wilmington, the postmaster at Goldsboro, and the pension agent at Raleigh were carpetbaggers.^ The presence of the negroes is partially to be explained by a marked race division in the party caused in part by a grow- ing recognition among the white Republicans of what negro rule meant, and in part by a growing demand of the negroes for office for themselves since they furnished the votes. J. W. Hood, by this time a bishop of a colored Metho- dist Church, was temporary chairman. S. F. Phillips, who had been solicitor general of the department of justice since 1872, came to Raleigh for the convention and was its per- manent president. He also represented President Grant who took an active interest in the campaign and who had indicated his wish that Judge Settle should be nominated for governor. His second choice was R. M. Douglas. There was no need of a second choice, for the convention, controlled by federal ofSce-holders, was entirely subservient. ^Sentinel, Aug. 23, 1876. 646 RECONSTRUCTION IN NORTH CAROLINA Oliver H. Dockery was also a candidate with the support of John Pool, who was bitterly hostile to Grant, and before the convention assembled, seemed to have some chance of success; but when it met, it was clearly evident that he could hope for nothing and, before the result of the first ballot was announced, he withdrew in favor of Settle, who was thus unanimously chosen.^ W. A. Smith was nominated for lieutenant governor over Alfred Howe, a negro from New Hanover.^ The sharpest contest in the convention was over the nomination for secretary of state for which there were eight candidates, including Judge Watts, who saw little chance of serving another term as judge. J. W. Albertson, of Perquimans, was successful. The rest of the ticket was then filled." The platform con- sisted chiefly of denunciation of the Democratic party. Phillips appointed an executive committee with T. B. Keogh, a carpetbagger, as chairman. Eight of the mem- bers were office-holders, most of them in the federal ser- vice, and the other four had recently been so. Soon after the campaign opened, Josiah Turner an- nounced himself an independent candidate for governor, and a little later, an assault was made upon Republican solidarity by the candidacy of a Charlotte negro, represent- ing the " Equal Righters." Neither party was at all in- jured. Full electoral and congressional * tickets were nominated, 'The unannounced vote was Settle, 176; Dockery, 64. ''Howe was proposed by G. W. Price, another Wilmington negro, who was himself a candidate for some place on the ticket. 'The other nominations were: treasurer, William H. Wheeler; auditor, John Reilly; superintendent of public instruction, J. C. Carson; attorney-general, T. L. Hargrove. ♦The congressional nominations were: ist district. Democratic, J. J. Yeates, Republican, D. McLindsey; 2d, Green, C. H. Brogden; THE OVERTHROW OP RECONSTRUCTION 647 the Republicans showing some partiality for federal office- holders. Hyman, the negro member of Congress, was completely discredited because of his having swindled a large number of tradesmen in Washington and Baltimore/ and was regarded as a heavy burden for the party to carry in the face of the marked reaction against the negroes. Governor Brogden was a candidate to succeed him and, as the district was " black," took care to secure the friendship of the negroes. O'Hara, one of their leaders, was anxious to succeed Judge Settle on the Supreme Court and the governor was in a quandary. He made no appointment, however, for some time and also delayed in filling the posi- tion of superintendent of public instruction, from which Stephen D. Pool had been forced by his party. Finally, however, he appointed John Pool to the latter office. The selection of this discredited politician, who was justly held responsible for the troubles of 1870, was naturally not popular with the Democrats, while the Republican machine saw in him only a bitter opponent." William T. Faircloth was appointed to succeed Judge Settle. In the meantime, the governor was nominated for Congress, a difficult feat which was only accomplished by unseating the delegation in the district convention from Warren and seating a con- testing delegation which was friendly to the governor. O'Hara was nominated for elector and as it was already apparent that the negro question would play an important part in the campaign, shrewd Republicans saw in this nomi- 3d, A. M. Waddell, William P. Canaday; 4th, J. J. Davis, I. J. Young; 5th, A. M. Scales, James E. Boyd; 6th, W. L. Steele, O. H. Dockery; 7th, W. M. Robbins, T. J. Dula; 8th, R. B. Vance, E. P. Hampton. ^Carolina Messenger, Aug. 17, 1876. 'Pool had already left the regular Republican party and, after this campaign, he directed the fortunes of some political labor association in Washington. 648 RECONSTRUCTION IN NORTH CAROLINA nation a dangerous mistake. Before the end of the cam- paign, he withdrew and was replaced by a white man. The negro question entered into the campaign at the be- ginning and was never absent. In it, the Democrats found an effective reply to the " bloody shirt " arguments of the Republicans, and they made no attempt to placate the ne- groes. That it was a vital issue was shown by the number of negroes nominated for office in the eastern part of the State and the control of public affairs already exerted by them there. In Jones County a majority of the commis- sioners were negroes and white paupers were hired out to the lowest bidders with the result that white persons were often bound to negroes.^ The superintendent of the Bertie County home was a negro. In Halifax County, the board of commissioners had been for several years in the absolute control of negroes, J. E. O'Hara serving as chairman and as county attorney. The Republican nominees for senator, two representatives, and four commissioners were all ne- groes. In Craven, all the nominees except two were negroes or carpetbaggers. In all the black counties, the expenses of government were very large and, while the taxes in- creased, nearly all had large debts and county warrants were far below par. This was partly due to the fact that county officers speculated in them and purposely kept them down. Nor was this condition of affairs true only in the black counties, for practically every Republican county was in a similar situation. The burden of crime in the black counties was even greater than the burden of taxation. In every one it was on the increase, and there was a strong feeling in the State that the contest of the Democrats was not merely one of reform but even of righteousness. Re- publicans were influenced and there was quite an exodus ■'Charlotte Democrat, May 22, 1876; July 31, 1874. THE OVERTHROW OF RECONSTRUCTION 649 from the party ranks. Among the more prominent men who left it were Edward Cantwell, W. H. Bailey, Charles R. Thomas, and Marcus Erwin. Two of the Grant electors of 1872 stumped the State for Tilden. Probably never before in North Carolina, and certainly never since, were so many voters reached by campaign speakers. All the electoral and congressional candidates, the candidates for state office, and many volunteers were on the stump throughout the campaign. George D3.vis ap- peared once more and exerted a large influence, particu- larly in the Cape Fear section, by his powerfvil speeches. Naturally the chief interest of the campaign centred about the candidates for governor. They were both unusually strong men and, at first, many of Vance's friends feared that he would have a difficult time on the stump with Judge Settle. Often, the reasoning element of his supporters were disappointed in his speeches, but there could be no question of his success with the people. It was early arranged that the two should meet in joint debate, and together they can- vassed the State, speaking in sixty-four counties before they separated to continue the canvass alone. In this latter part of the campaign, each made twelve speeches. Vance is said to have reached one hundred and twenty-five thou- sand people. Judge Settle profited by the joint debate, so far as the number of his auditors was concerned, for the name of Vance, the " War Governor," was one to conjure with in the State, and enormous crowds came to see and hear him. After Settle left him, Vance's crowds were as large as ever, but there was a decided falling off in the size of the Republican meetings. In the joint debates, Vance fulfilled the promise of his campaign of 1864 with Holden. No words can describe the power of the man before a North Carolina audience. J. P. Caldwell's description of him is entirely true. " As a 650 RECONSTRUCTION IN NORTH CAROLINA popular orator and debater there has been in North Caro- lina no man who approached him. Never has the State had a son who could so sway the multitude. His style of ad- dress was unique and never to be forgotten. I pass by the inimitable humor which lightened up his speeches. While to the heedless this was the distinguishing feature of Vance's oratory, it was indeed the merest incident of his public addresses. His arguments were ponderous, distin- guished for originality of proposition and power of state- ment. He was a thinker, a logician, and while no thought escaped his tongue that had not already been subjected to the crucible of reason, no faulty argument could be ad- vanced by an opponent and its weakness escape detection by him. His alertness was amazing; his readiness will ever remain a proverb in the State. He was never taken un- awares ; never found without an answer, and it a sufficient one. He was capable of the loftiest eloquence, and adorned with handsomest decorations whatever subject he chose to. But amidst references to his humor, his quickness, his aptness and eloquence, the fact should not be lost sight of that these were but the adornments of what were masterful intellectual performances ; for he was a great intellect who himself set no store by the arts of speech, except in so far as they might serve to give emphasis to the grave argument he would enforce." ^ Judge Settle was a very magnetic man, an eloquent speaker, and a powerful debater, but he was at a disadvan- tage throughout the campaign on account of Vance's per- sonal popularity, and because a majority of the white people ' Governor Holden's mature opinion of Vance is interesting, particu- larly in view of his bitter public abuse of him. " And I also state un- reservedly, having said thus much, that Zebulon Baird Vance, their leader in all these things [North Carolina's part in the civil war], was and is, their foremost man in all their annals, old and new. I know whereof I speak." Memoir of W. U'. Holden, p. 29. THE OVERTHROW OF RECONSTRUCTION 651 of the State were intensely aroused against his party. Vance was adroit and never lost an opportunity to rout his opponent. An example of this was seen when Settle pro- duced copies of Vance's war letters, furnished by the War Department where the letter book was kept. Vance asked to see the letters, and, displaying them, called attention to the fact that there were numerous omissions indicated in them. He said that he was denied access to his own letters, but that the United States government allowed Settle to use garbled copies against him. The sympathy of the crowd was instantly drawn to Vance. Settle's valid argu- ments were usually nullified by Vance's ready wit and so soon as the former began to " wave the bloody shirt," and blame Vance for the horrors of the war, the latter would retort with some question involving his opponent's official endorsement of the Kirk war. He also had ten questions with which he tormented Judge Settle. They were : 1. Was Holden's suspension of the writ of habeas corpus legal ? 2. Which of the constitutional amendments are good? 3. How did the South get out of the Union? 4. Were the reconstruction acts constitutional ? 5. Can Congress confer the right of suffrage? 6. Was the Louisiana outrage constitutional? 7. Was Judge Settle not elected to the Supreme bench by fraud ? 8. Does Judge Settle approve Grant's administration? 9. Does he approve of the civil rights act? 10. Was desertion from the Confederate army right? These questions were never answered. Judge Settle in time became convinced that his cause was hopeless and, in consequence, he often lost his temper. On one occasion, when he was rudely interrupted, he burst out, " You Ku Klux scoundrels, you infernal fiends of hell." 652 RECONSTRUCTION IN NORTH CAROLINA Vance was always insistent upon Settle's having a fair hearing and was usually successful in obtaining it for him, but he never lost an opportunity to prod his opponent with the hope of putting him on the defensive or causing him to lose his temper.^ But the debate in the main was on a high plane and echoes of it can still be heard in the State. It marked a return to the political methods of an older and better day and it was a hopeful and healthy sign that such a campaign could be conducted and, better still, that its spirit, generally speaking, should have been so admirable. At the end of it, the two competitors parted as warm friends,^ and each had won new laurels. The debates were powerful and instructive in spite of the constant references to each other's record. Not only state issues were dis- cussed but national questions were debated at length. Among the events of interest in the campaign, was the publication in the Raleigh News of the account of an inter- view between Rev. C. T. Bailey and ex-Governor Holden, in which the former said that Governor Holden had ex- pressed to him his belief that the death of John W. Stephens had been brought about by enemies in his own party. Hol- den promptly denied ever having made such a statement, but it was used with some effect by the Democrats. The same charge had been made at the time and this seemed confirmatory evidence.^ Still more spicy, were the revela- 'The most memorable example of this occurred in an eastern county when a number of pretty girls came up and kissed Vance who at once turned to Settle and, pointing to a group of negro women on the Re- publican side, said, "Judge, aren't you going to salute your fair sup- porters? " ^Settle said at the close of the campaign, "Vance is absolutely a truthful man, for in our long heated campaign all over the State he never quibbled or prevaricated." Dowd, Life of Vance, p. 184. "Whatever may have been the facts of the interview, the explanation of Stephens' death was of course incorrect." Cf. supra, pp. 473-5. THE OVERTHROW OF RECONSTRUCTION 653 tions of Republican methods in 1868 and 1869, made by Deweese who was living in comfortable retirement in Cleve- land, Ohio, upon the proceeds of those methods. In the Cleveland papers and later in the Sentinel,'- he published long letters containing considerable campaign material. But these two incidents were far less important than they would have been a short two years before. They belonged to the past, and now all eyes were turned to the future. Not that the events of the past were not used as arguments in the campaign ; far from it. But there was such venality and corruption, so much oppression and wrong, to select arguments from, that simple incidents tended to decrease in importance. The election was very quiet all over the State and there were few charges of fraud in connection with it. One in- teresting happening not generally known marked the day in Raleigh. Late in the afternoon, the Democratic chairman received a telegram with the information that General Kil- patrick was coming to count the vote of the State for Hayes. No information was given as to how this purpose was to be accomplished. Wild as the report was, the record of the past twelve years contained so much of political violence and illegality that the news caused some excitement. Kil- patrick got off the train outside the town limits and drove to the hotel in a closed carriage and, without registering, went to the room of Thomas B. ICeogh, the Republican state chairman. The news of his arrival spread and a large crowd assembled in the street before the hotel. Wild talk commenced, the crowd grew more angry as the rumor of his mission spread, and finally made a rush into the lobby of the hotel, and, but for the presence of mind of Basil Manly, the chief of police, would probably have disgraced ' Issue of Sept. 2, 1876. 654 RECONSTRUCTION IN NORTH CAROLINA the State by wreaking summary vengeance upon General Kilpatrick for the acts committed by him when he came to the State in 1865 with Sherman's army and, to a lesser ex- tent, for his supposed mission. The election resulted in a complete Democratic victory. The State and national tickets were chosen, and every can- didate for Congress but one was elected. Governor Brogden of course carrying his district for the Republicans. Vance received a majority of 13,009 out of a total vote of 233,521. Tilden's majority was 16,178 out of a total vote of 228,602, which exceeded that of 1872 by 25,000. All the amend- ments were ratified by good majorities. The legislature was overwhelmingly Democratic. The cause of peace, order, and good government had triumphed. Righteousness, by righteous methods, had at last prevailed and Reconstruction in North Carolina was ended. 3. ECONOMIC AND FINANCIAL CONDITIONS, 187O-1876 If anyone in North Carolina had a lingering belief in 1870 that Conservative control of the State would mean prompt economic regeneration, it was soon dis- pelled. Undoubtedly there was more public confidence abroad in the land; the decline in the value of prop- erty ceased, but the state debt was still in existence; government, in spite of Conservative retrenchment and economy, was still expensive; and poverty was still general. Labor conditions for a short while promised to be even more chaotic, thanks to the campaign which had been made among the negroes to imbue them with the belief that Conservative success meant the restor- ation of slaverj', but this fear was soon dispelled and, after being aroused again in 1872 and 1874, sank into a sleep from which it has never been entirely awakened, although the argument was employed with some effect by the Repub- THE OVERTHROW OF RECONSTRUCTION 655 licans in 1875 and in 1884. It was used in every campaign until the passage in 1900 of the constitutional amendment which limited the suffrage. The prostration of the State was too serious to be cured by a mere political change, important and necessary as that change was in this case. Good government was a neces- sary tonic, but years of care and struggle were inevitable before full economic health could be restored. The consti- tution which had greatly increased the cost of government remained unamended, the people fearing that a convention might mean federal interference and in any event would be an immediate expense. Many preferred to endure the evils caused by it if only peace might prevail for a time. The Conservatives, once in power, began a policy of rigid economy. Salaries were reduced, better terms made for supplies furnished, and, during the first year, the ex- pense of government was reduced by more than one hun- dred thousand dollars.^ Within the next few years, other reductions were made and the expenses of the state gov- 'The following table contains some of the items of saving: Executive $2,100.00 State 3,656.25 Auditor ■• 2,887.50 Treasurer 2,807.20 Public Works 3.410.1S Public Instruction 4,141.60 Attorney General 3.450.00 Adjutant General 900.00 Capitol Square 3,000.00 State Library 200.00 Fuel 1,825.00 Contingencies 21,670.04 Legislature 43,484-53 Total $93,532.27 656 RECONSTRUCTION IN NORTH CAROLINA eminent were substantially reduced/ In spite of the rigid economy practiced by the Conservatives, their expenditures on state institutions steadily increased to the great benefit of the State.' 'The following tables give certain comparisons for the entire period: 1868-1869. 1869-1870. 1870-1871. General Assembly $269,212.92 $161,431.70 $117,849.17 Printing 34,682.06 34,503-43 22,292.01 Contingencies 76,606.64 57,884.82 36,274.78 Ordinary 123,444.32 146,880.32 94,866.08 Impeachment 13,098.08 Militia 1,800.00 74,742.70 Total $505,745.94 $475,442.97 $284,380.12 1871-1872. 1872-1873. 1873-1874. General Assembly $81,279.20 $87,960.20 $81,436.60 Printing 14,448.91 10,264.25 13,196.14 Contingencies 24,266.25 26,816.50 30,267.14 Ordinary 03,176.83 97,890.22 100,000.00 Total $213,171.19 $222,931.17 $224,899.88 1874-1875. 1875-1876. General Assembly $109,234.80 Printing 14,845.45 $9,320.12 Contingencies 22,885.29 18,054.62 Ordinary 146,545.63 90,430.18 Convention 10,709.60 15,596.98 Total $304,220.77 $133,401.90 Total for two years and five months Republican rule, $981,188.91. Total for six years Conservative rule, $1,383,005.03. 'The comparative expenses are shown in the following tables: 1869. 1870. 1871. 1872. University Penitentiary $21,000 $74,000 $113,500 $107,956 Deaf and Dumb 37,000 39, 218 48,281 48,750 Insane 66,267 64,872 88,826 87,844 Total $124,267 $178,090 $250,607 $244,550 THE OVERTHROW OF RECONSTRUCTION 657 1873. 1874. 1875. 1876. University $3,750 $7,500 Penitentiary $97,913 $88,000 104,998 108,166 Deaf and Dumb 50,000 46,125 48,875 44,500 Insane 93, 211 50,947 122,406 174,603 Total $241,124 $185,072 $280,029 $334,769 During the whole period there was a slow rise in values, accompanied by a fall in the rate of taxation as can be seen from the accompanying tables : Table of Property Values. 1871. 1872. 1873. 1874. Land $69,442,946 $70,132,370 $76,959,193 $74,489,707 Town Lots 12,717,117 13,855,078 16,652,131 16,414,319 Live Stock 17,467,685 17,464,685 18,214,692 14,888,740 Personalty 23,879,880 23,839,430 31,897,797 34, 160, 595 $123,507,628 $125,291,563 $143,723,813 $139,953,361 1875. 1876.' Land $75,309,799 $74,221,398 Town Lots 17,047,321 17,458,520 Live Stock 16,683,096 16,130,509 Personalty 43, 505, 807 40, 753, 781 $152,546,023 $148,564,208 Table of Tax Rates. 1871. 1872. 1873. 1874. 1875- 1876. Poll $0.90 $1.05 51.05 $0.95 $0.95 $0.95 General Property. .30 .1666 .20 .1666 .1466 .1466 Special 22 .1833 -22 .15 -IS -IS Income i.oo i.oo i.oo i.oo 2.00 2.00 As the State taxes fell, the county taxes began to loom large. The most extravagant and worst governed were the black counties. The following table shows the figures for these counties in 1873 : ' The author has been unable to discover any reason for the falling-off of values in 1876. 658 RECONSTRUCTION IN NORTH CAROLINA Tax Valuation. County Tax. Bertie $1,709,876 $12,124.66 Caswell 1,864,706 7,911-73 Chowan 977,241 6,332.50 Craven 2,270,678 36,412.83 Edgecombe 4,957.053 29,893.52 Franklin 2,527,391 19,893.34 Granville 3,590,077 21,893.66 Greene 1,407,145 12,169.10 Halifax 3,069,492 19,099.98 Hertford 1,280,974 10,736.61 Jones 758,500 6,812.16 Lenoir i, 553, 403 12,750.10 New Hanover 6,010,904 47,422.71 Northampton 2,507,192 16,392.69 Perquimans 1,165,546 8,779.88 Richmond 1,827,285 19,370.71 Warren 2,236,766 14,436.07 Total $39,714,229 $302,522.25 In all the black counties there was not only extravagance but dishonesty. Graft of every kind was general, and the public benefited but little. Edgecombe County is an ex- ample. It was a typical black county having a colored voting majority of 1,794. The county tax for 1875 was distributed as follows ; General Fund $15,005.92 Poor Fund 10,598.17 School Fund 8,773,68 Total $34,377-77 Against the general fund and poor fund, orders were issued as follows : Poor $9,444.95 Juries 881.86 Prosecutions 786.93 Prisoners in jail 6,480.42 Bridges 2,664.61 Miscellaneous 6,331.17 Total $26,589.94 THE OVERTHROW OF RECONSTRUCTION 659 The deficit was met as might be expected from the school fund. This condition was not confined entirely to the black counties. Every Republican county in the east was gov- erned in the same way. Bladen paid in the period between 1868 and 1876 more than one hundred thousand dollars in county taxes. Both the sheriff and treasurer were de- faulters and county orders were not worth ten cents on the dollar. The closing years of the period saw some improvement along all lines. Life became more settled. Political ani- mosities and those growing out of the war began to die away. The labor problem was not so' great as it had been immediately after the war. The convention of 1875 'Ac- complished a good deal in the way of reform, and good and, to North Carolina almost as important, cheap govern- ment was well established. All of these things tended to economic and social progress and improvement. During the entire period the debt was a cause of great anxiety to the people. There was no desire to repudiate the old debt, but there was strong determination not to pay the special tax bonds. Even to pay the old debt with its accrued interest was beyond the power of the State and hence there was a strong desire to scale it. The legislature of 1874 made a proposition to the bondholders, but very few accepted it and the plan came to nothing. There was much disappointment that the convention of 1875 did not take up the question, for the belief was general that there could be no genuine prosperity until such a settlement was made. Finally the legislature of 1879 took up the matter and brought about a compromise, by which the bonds were grouped into three classes and provision was made for their exchange for new bonds.^ Class One consisted of the bonds ^Laws, 1879, chap, xcviii. 66o RECONSTRUCTION IN NORTH CAROLINA issued prior to May 20, 1861, which were made convertible at forty per cent. Class Two consisted of bonds issued after the war, under authority of acts passed before the war, and were convertible at twenty-five per cent. Class Three was made up of bonds issued under the funding acts of 1866 and 1868 which were convertible at fifteen per cent. None of the interest was recognized nor were the bonds issued during the war for internal improvements. Ade- cjuate provision was made for the payment of the interest on the new bonds. The amount outstanding in each class was : Class I $5,477,400 Class II 3,261,045 Class III .: 3.888,600 Total $12,627,045 Under the terms of the act, the privilege of exchange ex- pired in 1883, but the time was extended by each succeed- ing legislature until 1909. By 1893, bonds had been ex- changed as follows : Class. Bonds redeemed. Bonds issued. Bonds left outstanding. I $5,159,400 $2,063,760 $318,000 II 2,721,345 680,336.25 539,700 III 3,525,300 528,795 363,300 Total. $11,406,045 $3,272,891.25 $1,221,000 By December i, 1909, $154,109 additional in consolidated bonds had been issued in exchange for old bonds. ^ The creditors of the State generally recognized that these terms were the best that could be obtained or even ex- pected, and most of them accepted. Some declined, and in 'The classification for those later than 1893 is unavailable. THE OVERTHROW OF RECONSTRUCTION 66l 1901, Schafer Brothers, a firm of brokers in New York, who owned a large number of bonds of the second class, gave ten of them to the State of South Dakota which brought suit in the Supreme Court of the United States for their recovery. Owing to the circumstances connected with the gift of the bonds, the suit was regarded in North Caro- lina as an attempt to bring a test case intended as a step in securing the payment of the special tax bonds. For that reason, and because there was a general feeling that the compromise refused had been a fair one, the suit was con- tested. Politics entered into the question as well. The validity of the bonds was upheld by the court,^ and, as they contained a lien upon the stock owned by the State in the North Carolina Railroad, collection was easy. That the bonds were valid is beyond all doubt, and the State was in error when, by contesting the suit, it assisted in confusing them in the popular mind with the special tax bonds. The act of the legislature of 1879 in compromising the debt, excepted from its provisions the bonds issued to aid in the construction of the North Carolina Railroad. As a re- sult of a suit in the United States Circuit Court, the stock of the State in this corporation had been sequestrated to pay the interest on these bonds and it was a settled fact that the stock would be liable for the payment of the principal. Therefore a committee of three, appointed to settle this debt, succeeded in reaching a compromise at about eighty per cent of the debt with interest. The same legislature took the final step in the settlement of the debt by submitting to the people a constitutional amendment forbidding the legislature to levy or collect any tax to pay the debt incurred by the convention of 1868 or the legislatures of 1868, 1S69, and 1870, except those bonds ^ South Dakota v. North Carolina, 192 U. S., 286. 662 RECONSTRUCTION IN NORTH CAROLINA issued to fund the interest on the old debt, without first submitting the question to the people for ratilication/ This amendment was ratified by the people at the next election, and its constitutionality has since been affirmed by the United States Supreme Court." Since that time, a number of attempts have been made to secure payment either by suit or by giving the bonds to States. For some reason, North Carolina bonds have seemed attractive, and within the past few years, an association with headquarters in New York has been very active in its efforts to intimidate the State into paying the bonds. They have been oiTered to New York, Rhode Island, Nevada, and other States, but every attempt to bring them before the Supreme Court of the United States has failed. There is no likelihood of their ever being paid. Even if they come before the court, a thing which is exceedingly doubtful, the facts of the case against their validity are sul'ficient to secure a decision in favor of the State. If for no other reason, the lack of legality in the election of the legislature authorizing their issue would be sufficient to warrant a decision against them. Interestingly enough, the special tax bonds were the chief issue on the surface of the state campaign of 1910, and there is strong likelihood that they will cause discussion again. But the people of the State will have to be made anew before they will at the ballot-box register their assent to the payment of these peculiarly hated bonds. 4. GENERAL CONCLUSIONS The crime of Reconstruction is to-day generally recog- nized by all who care to look facts squarely in the face. To a close observer of Southern conditions, the heinousness of the offence is increased by the knowledge that the South of 'Laws, 1879, chap, cclxviii. ' Baltzer z>. North Carolina, i5i U. S., 240. THE OVERTHROW OF RECONSTRUCTION 663 the present time is still laboring under the burdens thereby imposed. It has made many a Southerner fail to compre- hend the wonderful benefits which have really come to the South from emancipation, and it has drawn the sections apart when, with the barrier of slavery removed, they should have come together. So far as North Carolina was concerned, the partisan plan was one of greatest folly. But for Reconstruction, the State would to-day, so far as one can estimate human probabilities, be solidly Republican. This was clearly evident in 1865, when the attempted res- toration of President Johnson put public affairs in the hands of former Whigs who then had no thought of join- ing in politics their old opponents, the Democrats. So strong was the opposition to such a thing that it was eight years before there was an avowed Democratic party in the State, the Whigs who formed and led the Conservative party having so decided a detestation for the very name. To-day, there are men in the State who regularly vote the party ticket but who will not acknowledge themselves to be Democrats. It was this element that the Republican party rejected for the solid negro vote. The latter was soon lost, for the negroes in the mass proving to be lacking in politi- cal capacity and knowledge, were driven, intimidated, bought, and sold, the playthings of politicians, until finally their very so-called right to vote became the sore spot of the body politic. Their participation in politics gave the Democratic party the preponderance of the talent and char- acter of the population and, for many years, a safe ma- jority of the white voters. Coming into power as a result of the disgust of the people for the infamy of the Repub- lican administration of the government, the party remained in control of affairs because it proved itself fit to rule, and because there was no hope of decent government outside of it. From time to time it would either have been forced 664 RECONSTRUCTION IN NORTH CAROLINA to a more progressive spirit, or would have lost control had the people been willing to trust the opposition. The result was that politics was embittered and freedom of political thought and action was restricted to such an extent that a condition of affairs existed that bore a sticking resemblance to that of the fifties, when slavery stifled freedom of speech and thought, with the one difference that in the later case, the very preservation of good government was at stake. No better description of the origin of the Republican party in North Carolina can be given than one written just at the close of Reconstruction by the ablest of the aliens who came to the State. Said Tourgee in 1878: The Republican party was never indigenous to Southern soil. In truth, it has never become acclimated there, but has re- mained from the first an exotic. A few thousand of the white people of North Carolina accepted it in 1868, simply as the equivalent of the Unionism which has always held so dear a place in their hearts. A few hundred Adullamites accepted it as the alternative of political bankruptcy and the shibboleth of profitable power ; and a few score of earnest natives accepted it with a clear perception of its basic principles, and a bona fide belief in their beneficence and righteousness. A few hundred carpet-baggers received it as the spontaneous product of their native States, the sentiments for which they fought and bled. The African race in bulk received it as the incarnation and sheet anchor of that liberty which they had just tested. This was the Republican party of North Carolina. Ignorance, pov- erty, and inexperience were its chief characteristics. That it was bitterly opposed and hated by the democracy, whose boast that it monopolized the wealth and intelligence of the State cannot be gainsayed [sic] by the most devoted radical, was, under the circumstances, the most natural thing upon earth. That this malignity should extend to the business and social re- lations of life, is hardly a matter of surprise. That it did much to verify the adage, "Give a dog an ill name and he will soon THE OVERTHROW OF RECONSTRUCTION 665 deserve it," cannot be questioned. That the old unionists began to drop away from it as soon as they found that repuWican- ism meant more than unionism, was to have been expected. That the old should die, and the young should abandon a party which it required the faith and nerve of a martyr to adhere to, was a thing to have been anticipated. When its power began to wane, the Adidlamites began to desert ; the number of car- pet-baggers became, by degrees, beautifully less ; and only the few true believers, with a few more who still gambled for place and power against desperate odds, remained to man the water-logged hulk upon the leeshore, where she finally stranded and went to pieces more hopelessly than the Metropolis on the shoals of Currituck. '^ The Republican party in North Carolina, however, dif- ered from the organization in the other Southern States in that it had always a larger number of able and respectable members. There are a number of reasons for this, the chief of which are to be found in the facts that political sentiment was not nearly so solidified in North Carolina just before the war as it was in the other Southern States, and that the downfall of the party came so rapidly after Reconstruction began that many had not been driven from its ranks by the corruption of those whom it had placed in power. The cor- ruption, having" been ended by the overthrow of the party, ceased ta repel, and a large number of members were thus saved to it. But the party machinery fell into the hands of federal office-holders and has been there practically ever since. Not until their grip upon it is broken, is the party h'kely to make serious inroads upon Democratic strength." ''The "C" Letters, p. 24. ' President Taft in igo6, while he was Secretary of War, said at the Republican convention in Greensboro: "In my judgment the Republi- can Party in North Carolina would be much stronger as a voting party if all the Federal offices were filled by Democrats. ... As long, how- 666 RECONSTRUCTION IN NORTH CAROLINA Their leadership has been singularly lacking in ability, but despite the fact, the party has always been able to put their opponents on their mettle and, more often than not, divide congressional representation with them. In 1894, by a fusion with the Populists, the Republicans won control of the legislature, and two years later elected a fusion state ticket, a Populist and a Republican senator, a majority of the members of Congress, and most of the judges. By wise exercise of power, they might have retained control, but the experience of the past had taught them little if any- thing, and it soon became apparent to the State that the net result of Republican victory was corruption, misgovern- ment, and control by the negroes of the eastern part of the State. An example of the doings of the legislature may be found in its action in 1895, when it refused to adjourn on Lee's and Washington's birthdays, but did adjourn in honor of Fred Douglass when the news of his death was received. This may have been a fair expression of the sen- timents of the majorit)^, but it was also, to put it in the mildest form, poor politics, and there were other acts just as insane. In 1898, upon the issue of white supremacy, the Democrats were able to win back the support of the rank and file of the Populists and elect the legislature. A con- stitutional amendment, restricting the suiJrage by an edu- cational qualification accompanied by a " grandfather clause " vv-as adopted and submitted to the people and rati- fied in 1900. In the same year, the Democrats elected their state ticket. An educational revival followed, since the party had pledged itself to maintain an efficient system of ever, as the Republican Party in the Southern States shall represent little save a factional chase for Federal offices in which business men and men of substance in the community have no desire to enter, . . . we may expect the present political conditions of the South to continue." THE OVERTHROW OP RECONSTRUCTION 667 schools which would in the future protect everyone from disfranchisement regardless of color. The negro has largely ceased to be a political question, and there is in the State to-day as a consequence more political freedom than at any time since Reconstruction. As yet the Republican party, largely on account of its leadership, has apparently not drawn to itself many Democrats, but that it will do so, when the federal office-holders cease to control, is on the other hand scarcely in the field of doubt and no better thing could happen to the State. There are two other legacies of Reconstruction that should be mentioned. The first is a constitution never suited to the needs of the State and, in spite of amendments, less so as the years go by. There are strong indications that before many years a revision of it, already begun, will be made complete. The other is a strong dislike of North- ern interference in Southern affairs which has produced a States' Rights sentiment that is scarcely less intense than that invoked in defence of slavery. It is a protest against anything that might threaten a repetition of the past, when selfish politicians, backed by the federal government, for party purposes attempted to Africanize the State and deprive the people through misrule and oppression of most that life held dear. INDEX Abbott, I. B., S93n. Abbott, Joseph C., agreement with Holden, 362; agent for Swep- Eon, 431, 437-8; elected to Sen- ate, 2g2-3; candidate for re-elec- tion, 352, 563, 571 ; in convention 1S68, 253, 258, 263-4; on N. C, 212; quarrels, 395-6; mentioned, 246, 249, 255-6, 268n., 28s, 348, 35on., 386, 397, 405, 408, 416, 418, 487-8, 493, S28n., 562, 572, 585, S88 Adams, Henderson, characterized, 414 ; quarrel with court, 382-3 ; mentioned, 497 Advance, the, work of, 73-4 Akerman, Amos T., 527, 567 -Alamance County, Ku Klux in, 398, 462, 464-5, 467-71, 477, 483, 485, 487, 514, 549; Kirk's force in, 504, 507, 516, 518-g, 531; militia in, 483; in insurrection, 512, 533; mentioned, S08-9, 535, 54S-6, SSi Albertson, J. W., 6oon., 646 Albright, W. R., 508, 517 Alden, "Judge", 379, 386 Allison, R. M., 53in. Almy, George C, 298n. Alvord, J. W., 2iin. Ames, General Adalbert, I58n. Ames, General J. W., I58n. Ames, James S., 362n. Amnesty proclamation, 108 Anderson, J. S., 54in., 594n. Anderson, George B., 35n. Andrews, J. W., 254n. Anthony, George, 462 Apple, Macon, 462 Argo, Thomas M., 440n. Armfield, R. F., 605. Armistead, Lewis F., 35n. Arrington, A. H., I78n. Ashe, Samuel A., 63in. Ashe, Thomas S., in Confederate Senate, 66; candidate for gover- nor, 280; mentioned, I78n., 279n., S87n. Ashe, W. S., Confederate agent, 46 Ashley, S. S., characterized, 414; in convention 1868, 253, 262; ed- itor, 538; supt. pub. instruction, 611, 616; university trustee, 624; mentioned, 258n., 28on., 285, 382, 388, 40S, 613, 61S, 627 Askew, W. F., 445-6 Atlantic, Tennessee & Ohio Rail- road, 445, 44S-9 Avera, W. H., sg4n. Avery, A. C, 362n., 376, 462, 525n., 639 Avery, General R., 165 Avery, Waightstill W., 11, I4n., 17, 34"-, 37, 49 B Badger, George E., in convention 1861, 27-32; letter of, 42; men- tioned, 25n., 26, 405 Badger, Richard C, counsel for Holden, 508, 546-7; opposes use of troops, 497 ; mentioned, 362n., 446, 497-8, 510, 553, 561, 596-7, 637n., 639 Bailey, C. T., 652 Bailey, J. L., 28on. Bailey, J. W., 86n. Bailey, W. H., 569, 6oon., 649 Bain, Hope, I79n., 21 in. Baker, Lawrence S., 3Sn., 596n. Ball, Mrs. Isham, 166 Bancroft, George, 85 Barnett, John C, 326n. Barnett, L. C, 534-5, 556n. Barringer, D. M., at Peace Confer- ence, 17-8; mentioned, 49, 585, 639 Barringer, Rufus, 3Sn., 569 669 670 INDEX Barringer, Victor C, favors negro suffrage, 157; on code commis- sion, 265, 348; mentioned, 17, 405, 575, 600 Barrow, William, 6370. Barry, J. D., 3Sn. Batchelor, J. B., 558 Bateman, J. M., 637n. Bates, Sergeant, 282 Battle, Kemp P., treasurer, 224, 260 ; appointed supt. pub. instruc- tion, 616; in reorganization of university, 629-30; mentioned, i4Sn., 27gn., 440, 621 Battle, Ricliard H., 63in. Battle, William H., l4Sn., 28on., 39in., 392n., 472, S07n., 538, 627 Bayard, Thomas F., 518 Beadle, W. H. H., 2iin., 212 Beatii, Robert B., 298 Beaufort County, 84 Beecher, Fred. H., 298n. Belknap. William W., 527 Bclo, Edward, 447 Benjamin, Judah P., 29 Bergen, George B., in Kirk's force, 499; arrested, 531; tried, 532; mentioned, 505-7, 530-1 Berry, John, I2in. Bertie County, 658 Best, 'Robert W., I45n., 279n. Bibles, D. P., 614 Biggarstaff, Aaron, 480-1 Biggs, Asa, 26, 37, 83-4 Bingham. Robert. 627 Bladen County, 659 Blair. Frank P., I02n., 356, 361, 458, 569 Bledsoe, M. A., 5, 362n. Blockade running, 73-4 Blount, G. W., 6oin. Blythe, James, 188 Bomford, James V., 165, 229, 300, 326n. Bond, Hugh L., in Ku Klux trials. 578 ; releases Kirk, 533 ; men- tioned, 579-80, 608 Bonds, 68, 427-52 Boutwell, George S., 366. 582, 588 Bowe, W. B.. 519 Bowman, J. W., 501 Boyd, James E., arrested by Kirk. 507; betrays Ku Klux, 517; can- didate for Congress, 601 ; wit- ness, 517-8, 552-3; mentioned, 470, 572, 647n. Boyden, Nathaniel, in convention 1865, 121, 123; becomes a Repub- lican, 367; in impeachment trial, 547, 549. 554; in Congress, 372, 375; appointed judge, 562; favors convention, 567; mentioned, I20n., 123, 169, I78n., 189, 28in., 292n., 569 Bradley, Amy M., 613 Bradsher, James, 462n. Bradsher, W. A,, 534-5 Bragg, Braxton, 35n. Bragg, Thomas, in impeachment trial, 543, 549, 555; mentioned, I4n., 49, 61, 96n., 97, 113, I35n., 278, 392, 404, S07n., 538, 562, 566, 578 Branch, L. O'B., 5, 35n. Branch, Thomas P., 443 Breckinridge, John C, 620 Brevard, Ephraim, 462 Brewer, F. P., 625, 627 Brewington, H., 6o4n. Bridgers, John L., 17 Bridgers, Robert R., I4n., 63 Briley, Willis, 343 Broadfoot, Charles W., 543 Brodie, G. W.. 225n. Brogden, Curtis H.. I45n., 537, 584, 603, 618. 636, 646n., 647 Brooks, George W., in convention 1865, 131; appointed judge, 116; releases Kirk's prisoners, 525-7, 530 ; mentioned, 182, 337n., 538 Brown, Bedford, opposes secession, 17, 121, 125; supports Holden, 138; mentioned, 26, loi, I40n., i8g, 21 in.. 2i2n.. 351, 376, 379, 520 Brown, J. T., 54in. Brown, Livingston, 367n., 535 Bryan, B. L., 54in. Bryan, J. Q. A.. 346, 637n. Bryant, J. R., 536n. Bryant, John, 6o4n. Brvson, T. D., Sg4n. Bulla, J. R., 484 Buncombe County, Ku Klux in, 477; mentioned, 501, 620 Bunn, Willis. 536n., 59,^n., 6o4n. Burgin, S. W.. 279n. Burgwyn, Henry K., 61 Burke County, Ku Klux in, 462, 465 Burns. Silas. 584 Burton. R. O., I4n. Busbee. Charles M., 63in. Butler, Benjamin F., 81. 547n. INDEX 671 Buxton, R. P., characterized, 415; mentioned, i4Sn., 2i3n., aSon., 600, 632, 637n. Bynum, William P., 145, 501, 576, 600-1 Cable, Benjamin, 4S9 Caldwell, D. F., io8n., 28in. Caldwell, J. P., on Vance, 649-50 Caldwell, Tod R., appoints fraud commission, 404; candidate for governor, 583-4, 586-7, 591 ; death, 603 ; attempts to capture Little- field, 450 ; opposes convention, 564-6; opposes amendments, 629- 30; speech in Senate, 534; men- tioned, i87n., 28on., 377, 413, 476, 546, 562, 575-6, 578, 584, 616 Calvert, Samuel, ii3n. Campaigns, i860, 10-3; 1862, 39-44; 1864, 59-65; 1865, 133-42; 1866, 171-92; 1867, 240-53; 1868, 278- 88, 360-75; 1870, 488-96; 1872, 581-93; 1874, 598-604; 1875, 631- 35 ; 1876, 643-54 Campbell, J. A., 2iin., 2i2n. Canaday. W. P., 647n. Canby, General Edwin R. S., suc- ceeds Sickles, 232 ; administra- tion, 234, 251-2, 283-93 ; unpopu- larity, 240 ; mentioned, 345 Candler, W. G., 587n., 6o6n. Cannon, R. H., characterized, 415; mentioned, 28on., 501 Cantwell, Edward, 6o6n., 649 Carey, Wilson, 254n., 258n., 3Son., 351, 360, 488, 604, 637n. Carpenter, J. B., 481 Carpenter, Matthew H., 571 Carrow, Samuel T., 497, 589, 614 Carson, J. C, 646n. Carter, D. M., i87n., 587n. Carter, General S. P., i58n, Caswell County, Ku Klux in, 462, 46s, 467, 473-5, 477, 487-8, SH, 549; in insurrection, 488, 512, 533; Kirk's force in, 516-7. 519, 531; mentioned, 545-6, 551, 658 Caswell, Fort, 15-6 Catawba County, deserters in, 54; Ku Klux in, 465. 477; Kirk's force in, 506 Cawthorne, W., 3Son., 536n., 54in. Charlotte Democrat, 39, 433. 477 Chase, Salmon P., 200, 228, 231-2 Chatham County, deserters in, 45 ; Ku Klux in, 398, 465, 467, 473, 477. 485-6 Chatham Railroad, 428-9, 431-6, 448-9 Cherry, H. C, 254n., 35on. Chillson, Henry, 254n. Chowan County, 658 Christian, Samuel, 55 Cilley, Clinton A., 238, 322, 336n. Clapp, Dexter E., 2iinT, 298 Clark, Charles C, I34n., I40n., 644n. Clark, Henry T., becomes gover- nor, 35; pardon refused, 113; mentioned, 38-9, 46, 77, 83, 96n., i86n. Clarke, W. J., colonel state troops, 497-9i 518; candidate for judge, 600 Clayton, Powell, 497 Cleveland County, Ku Klux in, 462, 464-5, 477-81 ; Kirk's force in, 506 Clinard, J., 54in. Clingman, Thomas L., agent for Swepson, 437-8; characterized, 415; claims seat in Senate, 144; mentioned, I4n., 35n., I35n., 585 Cloud, John M., 348, 531, 576, 600, 604 Cobb, Clinton L., 367, 375, 492n., 579, 587n., 6oi Coleman, David, I45n., 5g6n. Coleman, William M., 28on., 366, 372, 397, 440 Colgrove, D. D., 254n., 35on., 472 Colgrove. O. R., 472-3 Colyer, Vincent, 89-90, 314 Conigland, Edward, in convention 1865, 121, I25n., 129; in impeach- ment trial, 547, 549, 551-2 favors convention, 6oSn. Constitutional amendments, 120-33, 176, 273-8. 568-92, 631-43 Constitutional Union Guard, local chiefs, 462; organization, 458; mentioned, 454, 4S7-8, 47°, 5I3, 528, 549. 596. See also Ku Klux. Convention 1835. 26in.; 1861, 13-4, 16-7, 20, 23, 25, 39, 26in. ; 1865- 66. 120-8, 131-2, 172-6, 26in. ; 1868, 253-73. 428-9; 187s, 26in., 606, 632-7. 640-3 ; movement for, 1871, 538-9, 564-8 Cook, C. L., 556n., 6oin. Cook, J. B., 3Son. 672 INDEX Cook, Thomas M., 2iin., 2i2n. Cooke, H. A., 2iin., 2i2n. Cooke, John R., 3Sn. Cooper, Henderson, case of, 229-30 Corliss, Alonzo, 468-9 Covington. D. A., i86n. Cowan, Robert H., 362, 439-40 Cowles, Calvin J., in convention 1868, 254-5, 261 ; mentioned. i87n.. 28in. Cowles, A. C, 536, 556n., 563, S94n. Cox, General J. D., 103, 115, 160 Cox, William R., 35n., 177, 620, 63in., 634, 644 Craige, Burton, 15, 26, 28-9, 34n., S96n. Crane, John, 4i8n. Craven, Braxton, 27gn. Craven County, 416, 602, 648, 658 Crews, W. H., 6o4n. Crime, prevalence of, 1867, 238-9 Crosby. J. O., 637n. Cumberland County, Ku Klux in, 465, 475, 477 . Curtis, Benjamin R., 220 Daniel, Junius, 35n. Darden, T. V., 54in. Davidson, A. T., 34n., 278, 280 Davidson County, 44 Davis, George, at Peace Confer- ence. 17-8; attorney general of Confederacy, $6; in Confederate Senate, 34n., 46; mentioned, 58n., I78n., 596, 6o5n., 644 Davis, Jefferson, correspondence with Vance, 51, 58; mentioned, 38, 46, 98, 620 Davis, J. H., 431 Davis, Joseph J.. i86n., 462, 6oin., 631, 647n. Debt, State. 71. 427-52. 658-62 Deck. Mack, 462n. Delano. Columbus, 588 Depreciation, table of, 72n. DePriest, J. R.. 462n. Deserters, S4, 65 DeVane, W. S., 28on. Deweese, John T,. in frauds. 430-1, 439. 445-6. 491, 653; provost judge, 239; in Congress, 281, 363, 367-8, 490-1 ; mentioned, 247-8, 28s, 403, 405, 412, 416, 492-3 Dick, Robert P., appointed federal judge, 116, 586; state judge, 38; in convention 1861, 32, 38; in peace movement, 61-2 ; leader Re- publican party, 241, 244, 249, 365 ; mentioned, 26, I07n., I2in., i87n., 28on., 367, 394, 409, 567 Dickson, B. K., 54in., 594x1. Dixon, George, 626 Dixon, Joseph, 492n., 638 Dobbin, James C. 362 Dobson, Joseph, 637n. Dockery, Alfred, opposes secession, 4-5 ; supports Holden, 61 ; op- poses Plolden, 395; nominated for governor, 181 ; mentioned, I2in., i87n., 246, 325n. Dockery, Oliver H., in Congress, 367n., 372, 583, 646; in conven- tion 1875, 637-8; mentioned, lS7n., 28in., 292, 492n., 498, s87n., 638, 647 Doherty, W. H., 166, 624-S Donnefl, Richard S., 17, I2in., 1,38, 153 Donoho, Thomas A., 487-8 Dortch, William T., 36-7, 58n., 66 Douglas, Robert M., 346, 645 Douglas, Stephen A., 11 Douglas, Stephen A., Jr., 505 Downing, Hugh, in frauds, 379-80, 386, 431 ; mentioned, 35on., 389, 404 Dudley. E. R., 536n., 593n. Dula. T. J., 637n., 647n. Duplin County, 465 Dunham, John W.. 543 Durham, John, 462n. Durham, Plato, candidate Congress, 374-S. 493 ; Conservative leader, 354; in convention 1868, 254, 257, 261-2, 266, 270; mentioned, 352, 367n., 408. 506, 578, 592, 6oin., 637n., 638-9 E Eagles. J. S. W., 40in. Eastern & Western Railroad, 447-9 Eaton, William, in convention 1865, 121, 131; visits President, 106; opposes convention, 605 Eaves, Fayette, 462n. Edenton & Suffolk Railroad, 447-9 Edgecombe County, 658 Edgington, William, 462n. Edwards, Leonidas C, 534-S, 548 INDEX 673 Edwards, Weldon N., secessionist leader, 26; president convention 1861, 27; mentioned, 49, 78, 278 Elections, i86o, 12-3; 1861, 20, 25; 1862, 43; 1864, 64; 186s, 119, 139; 1866, 176, 181; 1867, 251; 1868, 286-7, 374-S; 1870, 521-2; 1872, S90-3 ; 1876, 653-4 Elliott, R., 6o4n. Ellis, John W., elected governor, 6, 12-3; letters of, I7n., 21; men- tioned, 29n., 35, 38 Ellison, S., 536n., 593n. Ely, John S., 88n. Engelhard, John A., 362 Eppes, Henry, 254n., 350n., 43in., S36n., 593n. Erwin, Marcus, 278, 632, 649 Estes, L. G., in frauds, 378, 386, 418, 431, 439; mentioned, 285, 35on., 356, 360, 377, 401 Etheridge, Jasper, 376-7 Euless, Eh, 462n., 470 Eure, M. L., I45n., 470, 6oon. Everett, Edward, 53n. Expenses, State, 655-8 Faircloth, Wilham T., I45n., 637n., 647 Faison, I. W., i2in. Falkner, R., 35on., S36n. Faucette, Job, 462n. Ferrebee, Dennis D., in convention 1865, 121, 123, 125, 127; opposes 13th amendment, 143; mentioned, i3Sn., 178 Fessenden, Wilham P., 531 Finances, State, 68-Sb, 194-6, 419- 52, 655-8 ^ „ Fisher, Abial W., 254n., 346, 483, 497-8, 536-7 Fleming, Walter L., quoted, 333, 459n. Flamming, W. W., 556n. Fletcher, R., 536n., S93n. Flythe, Jesse, 556 Fogleman, John T., 462n. Folk, G. N., 6o5n. Foote, J. H., 6o6n. Foster, Charles H., in Hatteras movement, 84-6, 93 Foster, F. W., in frauds, 359, 36on., 386, 407 Foster, J. G., 52, 93, 3S0n. Foster, T., 431 Forney, John W., 366 Forrest, Nathan B., 459, 463n. Forsyth County, peace movement in, 44 Fourteenth Amendment, rejection of, 183-7 Fowle, Daniel G., 46n., i4Sn., 238, 278, 309, 362n., 392n., 439, 441, 446, 578, 605, 644 Freedmen, see Negroes. Freedmen's Bureau, 168-9, 196-7, 294-326 Freedmen's Convention, 150 Free Negroes, status of, 152 French, George Z., in frauds, 378, 431 ; in legislature, 376, 537; men- tioned, 377, 404, 536n., 637n. French, John R., in convention 1868, 253 ; candidate Congress, 281, 367, 375 French, R. S., 6o5n. French, General S. G., 92 Fuller, Bartholomew, 6oon. Fuller, Thomas C, 67n., I40n., 28in., 541, 578, 585 Fullerton, General J. S., inspects Bureau, 300, 321-3 Fullings, Edward, 254n. Furches, D. M., 587n. Furniss, H. K., I79n. Gaither, Burgess S., 63, 28in. Gales, Seaton, 362n. Galloway, A. H., in freedmen's convention, 150; in convention 1868, 254, 263 ; mentioned, 247n., 28s, 35on., 363, 366, 418 Galloway, A. J., enjoins bond issue, 436 Garrott, I. W., 15 Gaston County, Kirk's force in, 506; Ku Klux in, 462, 465 Gaston, William, 152, 405 Gatlin, (R. C, 3Sn., 84 Gee, Briant, 331 Gee, John H., 163-5 General Order No. 10, 223-4, 234 General Order No. 32, 228 Gilliam, Henry A., I78n., 28ln. Gilliam, Robert B., I2in., I45n., 28on., 405, 492n., S22n., 539 674 INDEX Gilmer, John A., offered cabinet po- sition by Lincoln, 20; pardoned, 112, 115; mentioned, 26, loi, I78n., 179, 189, 535, S56n.. 644 Gilmer, Jeremy F., 3Sn. Glavis, G. O., i/gn., 322 Glenn, W. B., 6o6n. Godwin, A. C., 3Sn. Goode, John R., 6o4n. Goodloe, Daniel R., in Southern Loyalists Convention, 179-80; joins Liberal Republican party, 582 ; mentioned, 93, 242, 245, 247n., 248-9, 283. 287n., 465 Gordon, James B., 35n. Graham, Daniel, 475 Graham, James A., 535 Graham, Joseph, 462 Graham, John W., in convention 1868, 254, 257; in senate, 536; mentioned, 269, 557, s8Sn. Graham, William A., in convention 1861, 27, 30, 32-4, 38; opposes peace movement, 52; in Confed- erate Senate, 46, 56, 68, 96-7 ; pardoned, 112, 115; elected to Senate, 144; defeated. 293; op- poses constitution, 1866, 176 ; Conservative leader, 250, 278, 60s ; opposes Ku Klux, 472 ; in impeachment trial, 543, 549, 553- 54; mentioned, 20, 2Sn., 26, 40, 92n., 96n., loi, Ii3n., 119, I34n., I78n., 179, 210, 220, 241, 269n., 3i2n., 362, 503, 507n., 520n., 526, 538, 562, S96n., 629, 636 Grainger, Henry F. A., 600 Grant, Hugh L., 253 Grant, Ulysses S., report on South, 209-10 ; endorses Holden, 503-4. 520 ; favors Settle, 645 ; men- tioned, 497-9. 532, 572-3, 579 Granville County, 658 Graves, J. P., 47 Greeley, Horace, 587 Green, Thomas, 33on. Greene County. 484, 658 Gregory. G. H., 543 Grier, Calvin E.. 462 Griffith, Jesse C. 516 Grimes, Bryan, 35n.i 362n. Grissom. Eugene, 131, i87n., 345 Guilford Countv, peace movement in, 44 ; Ku Klux in, 462 ; 464-S, 477 Gunter, W. T.. 402 Guy, Cyrus, 471-2 H Habeas Corpus Cases, 507-17,525-30 Hale, Edward J., 52 Hale, Robert S., 2i3n. Halifax County, 648, 658 Hall, S., 15 Hambrick, Elias, 462n. Hamilton, Daniel H., 486n. Hampton, E. P., 647n. Hampton, Wade, 98 Hancock, R. W., 505 Hanes, Lewis, on secession, 53n., supports Greeley, 592; men- tioned, ii3n., 133, 189 Hanner, O. H., Sg4n. Hardee, William J., 97 Harden, L. W., 505 Hargrove, Tazewell T., 534, 584, 646 Harlan, Lewis D., 298 Harnett County, Ku Klux in, 465, 477 Harper, J. C, 244, 492n., S22n. Harriman, Walter, 588 Harris, Ceburn L., characterized, 414; Republican leader, 240; on penitentiary committee, 380; quar- rel with Holden, 395, 614-5; on Turner's arrest, S24n.; mentioned, 187, 189, 241 n., 28Dn., 389, 404, S84n., S88 Harris, James H., in freedmen's convention. 150 ; in Union League, 336 : in convention 1868, 247, 254, 262n.. 263 ; candidate Congress, 281, 493; in frauds, 380, 386, 431; mentioned, 245, 335"., 3S0, 3^, 404, 492n., 497, 583, 593n. Harris, J. T., 431 Harris, Jona, 54in. Hatteras movement, 85-6 Hatteras, Fort, 81, 83 Hawkins, M., 492n. Hawkins. Rush C. 81, 83 Hawkins, W, J,, 114 Hawkins. P. B., 556n. Hawley, Joseph R., 103. 148, 366 Hayes. J. J.. 35on. Hayes, O. S.. in frauds, 407; men- tioned, 35on. Hays, John L.. 335n. Haywood, Edward G., 362, 392, 439, 441, 445-6, 458 Haywood, R. B., I02n., 63ln. INDEX 675 Headen, J. H., 6oin. Heaton, David, in convention 1868, 253, 264, 408-g; candidate Con- gress, 281, 376n. ; mentioned, 255, 278n., 33Sn., 405, 492 Heath, T. T., isSn. Heck, John M., 380, 388, 405 Hedrick, Benjamin S., 16, 64, I36n., 242, 28on., 281, 623 Helper, Hardie H., go, 225n., 283, 418, 582^ Helper, Hinton Rowan, 6-7 Henderson, William F., in Heroes of America, 281, 364; candidate Congress, 367, 601 ; endorses use of Kirk, 505 : trustee, 623 ; men- tioned, 247n., 3S8, 497, 580 Henry, J. L., 415, 501, S3i Henry, P. T., 178 Henry, R. AI., i87n., 437, 592 Heroes of America, 63-4, 244, 281, 456, 596 Hertford County, 658 Hester, J. G., 577 Highsmith, Samuel, 254n. Hill, Daniel H., I7n., 35n., 92, S96n. Hill, E. H., 6o4n. H^illiard, Louis, 6oon., 603-4 Hines, James, 29n. Hinnant, Jesse, 594". Hinton, Albert, 31 in. Hodnett, Phillip, i86n., 257, 381 Hoke, J. F., 142 Hoke, Robert F., 35"- 166-7 Holden, Joseph W., in legislature, 3SI-2, 397. 409, 431 ; mentioned, 2S8n., 366-7, 388-9, 440n., 48S, 497, 539. 572, 584n. . Holden, William W., characterized, 3, 241, 344. 413-4; as political leader, 4-6, 11-2, 32, 176, 181, 188, 191, 244-6, 248, 268, 280, 282, 287- 2S8, 352, 359, 366, 371 ; in peace movement, 41, 48, Sl-S, S7i 59- 61, 64; messages, 122, 142, 290-2, 343, 558; responsibility in frauds, 404, 407, 437-8, 442-3; feeling towards. 36, 285, 395. S20-1, 538; as provisional governor, 106-45 ; in Union League, 336, 339; im- peached, 456, 537-48, SS5-7. 596, 607; action agamst Ku Klux, 372, 483-4. 487-8, 510, 532; in Kirk-Holden War, 491, 496-S02, S07-9, Sii-S. 517, 522-6, 528n., 529, 531; pardoris, 112-S, 419; mentioned, 26, 3in., 46, g2n., 132, 160-2, 171, 177, 183, 187, 189, 192, 206, 249, 272, 279, 28on., 289, 308, 337, 345, 352, 355-6, 368, 370, 383, 3S9-90, 405, 408, 416, 433-4, 440, 470, 472, 474-6, 486, 490, 492-3, 498, 500, 504, 510, 518, 520-1, 531, 545, 552, 555-6, 565, 585-6, 602, 610, 622-3, 627, 65on., 652 ' Holmes, J. L., 6o5n. Flolmes, T. H., 35n. Holt, Caswell, 467-8 Holt, Henry, 467 Flood, J. W., in freedmen's con- vention, 150; in convention 1868, 254, 259, 263 ; in school work, 612 ; mentioned, 256n., 613, 645 Floward, George, in convention 1865, 121-6; mentioned, 26, I35n., I78n., S59n., 6o5n. Howard, General Oliver O., 297, 301, 304n., 305. 310, 313, 323-4 Howerton, W. H., 584 liughes, II. T., 6o4n. Humphrey, L. W., 492n., 594n. Hunnicutt, , 531 Huskey, William, 4S7 Hutchings, J., 35on. Hyde County, disloyalty in, 81 ; mentioned, 87, 93, 614 Hyman, John A., in frauds, 380, 386, 431; in Congress, 601-3, 647; mentioned, 254n., 3S0n., 368, 556n., 588, S93n. I Impeachment of Governor Holden, 541-58 Impeachment of Judge E. W. Jones, 561-2 Ingram, D., 378, 381, 389 j Invisible Empire, organization, 459 ; origin, 458-9; local heads, 462; ; ritual, 459-61 ; mentioned, 454-5, \ 463n., 467, 479-81, S13, 528, 596 ' Iredell County, 54 J James, Horace, 298, 305, 322 James, J. T., igo Jarvis, Thomas J., 381, 534, 537, 1 6oon., 644 I Jenkins, A. D., S31 Jenkins, D. A., characterized, 414; treasurer, 404, 433, 443, 531, 584; mentioned, 187, 28on., 413, 497, ; 501, 546, sSgn. 676 INDEX Johnson, President Andrew, cor- responds with Holden, 52; policy of restoration, 106-10, 141, 292; mentioned, 208, 233n., 322, 355, 551, 620-1, 663 Johnson, J. L., 64 Johnson, Reverdy, 87, 2i3n. Johnson, R. M., S36n. Johnston, Fort, 15-6 Johnston, Thomas D., 543 Johnston, Thomas P., 298n. Johnston, William, 26, 41, 43, 446 Joyce, A. H., I2in. Joyner, W. H., 5g4n. Jones, Alexander H., favors divi- sion of State, 192 , in Congress, 140, 375, 451, 491 Jones, Andrew J., in frauds, 194, 376,. 403, 431. 438, 442-4; men- tioned, 413, 433, 441 Jones, B. F., 637n. Jones County, Ku Klux in, 398, 46s, 467. 472-3. 477, 485; militia in, 485 ; mentioned, 637n., 648, 658 Jones, E. W., characterized, 348, 414; impeached, 562; mentioned, 268n., 28on., 531 Jones, Hamilton C, 462, 536 Jones, I. W., 122 Jones, J. A., 6o4n. Jones, Pride, 486-7, 552 Jones, Willie D., I07n., i86n., 346, 497, 505 Jones, W. H., 63in. Justice, James M., 481, 537 K Kelley, W. D., 245 Kenan, Thomas S., i86n., 28in., 367n. Kennedy, Jesse C, 462 Kehoe, Robert C, 445-6 Keogh, Thomas B., 282, 646, 653 Kerr, John, 474, 516, 545-6, 585, 600, 603-4 Kilpatrick, Judson, 653-4 King, George H., 593n. King, R. W., 637n. Kirby Smith, Edmund, 45 Kirk, George W., lO/n., 499-501, 504, 508, 512, 515-6, S18-20, 525n., 526, 529-33. 545, 572 Kirkland, William W., 35n. Kitchin, William H., 587n. Ku Klux, 284, 383, 396, 398, 452-86, 488-9, 492, 500, 502, 512-5, 517-8, 528, 547, 549-52, 572-82, 596. See also Constitutional Union Guard, Invisible Empire, and White Brotherhood. Labor Conditions, 196-9 Laflin, Byron, in Southern Loyal- ists Convention, 179; in conven- tion 1868, 253 ; in frauds, 378, 413. 430-1, 437, 439, 445, 490; mentioned, 246, 290n., 350n., 389, 40s Laflin, W. C, 4i8n. Lane, James H., 35n. Lash, L G., 28in., z^y Lassiter, :Robert W., 3S0, 388, 534- 535, 623, 629 Latham, Charles, 362n. Lawrence, Henry C, letter of, 211- 212, 3i2n. Leach, James M., 67n., 177, i86n., 189, 492n., 522n., 580, 585, 587n., 644 Leach, J. T., in peace movement, 53n., 55, 57. ^2, 67; mentioned, 67n., 120, i87n. Leak, Walter F., 31 Lee, Bryant, 254n. Lee, John G., 462 Lee, Robert E., 620 Lee, Timothy F., 446, 531-2, 602 Legg, Edwin, 254n., 3Son. Legislature, 1830, i ; 1832, i ; 1850, 4; 1860-61, 13-4, 16-7, 22-5, 35; 1862-63, 46-50, 56, 61-3; 1864-65, 66-7; 1865-66, 142-7; 1866-67, 182- 90; 1868, 349-50, 354-60, 430-3,- 1868-69. 375-87, 434-7, 439-40, 443- 444; 1869-70, 382, 400-6, 408-10; 1S70-72, 534-7, 558-62, 564, 570-1 ; 1872-74. 593. 595-6, 604; 1874-76, 604-8. Lehrnan, R. F., 536-7, 556 Lenoir County, Ku Klux in, 398, 462, 464-5. 467, 477, 484-5; men- tioned, 658 Leventhorpe, Collett, 35n., 58sn. Lewis, W. G., 35n. Lincoln, President Abraham, 64, 83, 87, 208, 297 Lincoln County, Kirk's force in, 506; Ku Klux in, 265, 462, 477 Little, George, 61, 398 INDEX 677 Littlefield, Milton S., characterized, 430; in frauds, 353, 379, 386, 404, 406, 41S, 430-1, 435, 443-4, 450; in politics, 336, 363, 368, 370, 372, 491 ; mentioned, 2640., 273, 282, 335n., 40s, 413, 437-8, 455-6, 561 Lloyd, Alfred, 593n., 6o4n. Logan, Gorge W., characterized, 414; candidate Congress, 37n., 55 ; candidate for governor, 178, 583; candidate for judge, 600-1; mentioned, 67n., I2ln., i87n., 28on., 480, 569, 575-6 Logan, Robert, 481 Logan, General John A., I02n. Long, Jacob A., 462, 463n., 467, 485, 52Sn. Long, Thomas B., 485 Long, William, 351 Loring, W. W., 35n. Love, W. L., 357, 537, S94n. Lusk, Vergil S., 501, 578 Lyon, E. B., 54in. M Mabson, G. L., 536n., 593n-. 594 Mabson, W. P., 593"-, 6040., 608, 637n. McAden, Rufus Y., 182, 278, 443, 446 McAfee, Lee M., 462, 543 McBrayer, Madison, 462 McBrier, Matt., 462n. McClure, A. K., 588 McCorkle, J. M., 547 McCotter, Jacob, 556n. McCulloch, Hugh, 193. I95 McCullough. Ben., 3Sn. McDowell, Thomas D., 34n. McDowell County, Ku Klux in, 462, 465 McEachern, C. A., 634, 637 McGehee, Montfort, 6o5n., 622n. Mclver, Alexander, professor in university, 625, 627-9; supt.^ pub- lic instruction, 616; mentioned, 584, 599, 617-8, 627 McKay, A. A., 367"-, 6oon., 603 McKay, Neill, 145"-, 587n., 6oin., 622n. McLaurin, W. H., 593"- McLean, Arch., i78n., i86n. McLean, Nat., 6oin. McLindsay, D., 498, 646n. McNeill, Neill, 634 Macon, Fort, 15-6 MacRae, Duncan G., 165 MacRae, William, 35n. MacRae, W. H., S96n. Madison County, Ku Klux in, 477; peace movement in, 45 ; vote of, 535 Manly, Charles, 96n., 278, 623 Manly, Matthias E., in convention 1865, 121, 125, 17s; speaker 182; elected to Senate, 183 ; defeated, 144, 293; mentioned, l3Sn., I78n., 278, 28on., 39in., 6o5n. Mann, W. A., 2S4n. Manning, John, 539 Marler, J. G., 594n., 6o6n. Martin, J. G., 35n., 46, 73, 558, 596n. Martin, Silas N., 478 Martin, Samuel, 305 Martin, W. F., 644n. Martindale, F. G., 346, 3S0n., 357, 437 Martling, James M., 616, 625, 627 Marvin, William, igo Mason, W. S., I07n., 153 Mayo, Cuffee, 2S4n., 350n., 405, 409 Meade, General George, 371-2 Meares, Oliver P., 6osn., 63in. Mebane, David, 462n. Mebane, Giles, I2in. Mecklenburg County, Ku Klux in, 462, 465 ; mentioned. 635 Mendenhall, Nereus, 58sn., 6o6n. Menninger, H. J., characterized, 413; in frauds, 413-4; mentioned, 28on., 363, 388-9, 412, 501 Merlin, P., 323n. Merrimon, Augustus S., candidate for governor, 585-7, 591 ; elected ten Senate, 594-5; in impeachment trial, 543-9; mentioned, 40, I45n., 182, 189, 231, 278, 28on., 3i2n., 362n., 407n., 450, 553, 562, 590 Merrimon, James H., 594n. Miles, Nelson A., 225, 310, 371, 373-4 Military contribution of State, 34 Military interference with courts, 168-70 Militia, 346-7, 356-8, 371-2 Mills, Ladson, 462 Mitchell, Anderson, I45n., 28on., 515, 531-2 Moore, Adolphus G., 507, 512, 540, 545 678 INDEX Moore, Bartholomew F., in conven- tion 1865-66, 121, 124, 131, 173, 176; drafts freedm'en's code, 153; favors convention, 250, 605 ; op- poses constitution 1868, 283; writes Protest of Bar, 390, 392-3, 399n.; mentioned, s8n., 97, 106, 138-9, 28gn., 357, Sion., 538, S43n., 56sn. Moore County, Ku Klux in, 465, 477 Moore, John A., 470 Moore, L. J., S56n. Moore, W. A., 346, 35on., 409, 437, S36n., 562, 600, 603-4 Moore, W. A., 6o4n. Mordecai, George W., 114 Morehead, John M., 17, 34n., 96n., 112, 142 Morehead, J. J., i86n. Morgan, Timothy, 492n., 493 Morgan, W., 536n. Moring, John M., S94n. Moring, C. S., 508 iMorisy, W. G., 362n. Morris, B. W., 35on., 360 Morrow, Dan., hanged by Ku Klux, 471 Morrow, Jeff., hanged by Ku Klux, 471 Moses, F. J., 24, 27 Mott, J. J., 436-9. 441, SOI, 506 Murray, Albert, 462n. Murray, Lucien, 518-9, 546 Murphy, C. T., 540 N Nash, Frederick, 405 National Union Convention, 178-9 Neathery, John B., 531-2 Negro counties, 236 Negroes, attitude towards, 154-7, 307-8; conditions among, 156-7, 300, 400, 420-2; on juries, 228; regulations for, 149; code for, 152-4, 156; problem of, 148, 294- 295 ; suffrage, 2, 150-2, 244-5, 250, 544-5 ; relations with Bureau, 306-7 Nethercut, John H., 341-2 Newell, John, 6o4n. New Hanover County, 416, 425, 602, 658 Newsom, J. W., Ii3n. Newsom, W. D., 535, 536n. Norment, R. M., 634 North Carolina Railroad, 433, 457 Northampton County, 658 Northwestern North Carolina Rail- road, 428, 432 Northwestern Railroad, 447-9 Norwood; John W., 472 Nullification, attitude of State to, 1-2 Dates, R. M., 362n., 376 O'Conor, Charles, 592 Odom, J. D., ii3n. Officials, salaries of, 4ion., 4iin. O'Hara, J. E., 492n., 637n., 641, 647-8 Olds, L. P., 493-4, 529-30n., 537, 624 Orange County, Ku Klux in, 398, 462, 464-S, 467, 471-2, 477, 484-6; mentioned, 251, 523, 545 Orr, James L., 190, 222 Osborne, James W., 381 Outlaw, David, 17 Outlaw, Wyatt, hanged by Ku Klux, 467, 470, 485 Page, John R., 536n., 633, 637n. Paige, N., 368-70 Paine, General C. J., I58n. Palmer, General I. N., 103 Pardons, 109, 111-3, 115 Parker, E. S., 507n. Parsons, W. L., 190 Paschall, J. W. H., S93n, Paschall, J. M., 6o4n. Patrick, David, 625, 627 Patterson, James A. J., 462, 517 Patterson, iRufus L., I2in., 584n. Patterson, S. F., I78n., 28on. Patton, M., I78n. Patton, William, 519 Peace Conference, 17-9 Peace Movernent, 44, 50, 52-4, 57-9, 62, 6y Pearcy, J. L., 459n. Pearson, Richmond M., in habeas corpus cases, 50S-12, 515-7, 529, 540-1 ; escapes impeachment, 537- 41, in impeachment trial, 546, 550; supports Grant, 349, 361-2; on Protest of Bar, 392-3 ; op- poses special tax bonds, 441-2; mentioned, 120, I45n., 28on., 28in., 290, 376n., 398, 408-9, 450, 479, 552, 562, 576, 624, 634 INDEX Pearson, W. S., 346 Peck, G. P., 35on., 431 Peck, I. A, 258 Pell, William E., 172, 178, 244 Pender, William D., 3Sn. Perquimans County, 658 Perry, J. M., i86n. Person County, Ku Klux in, 465 Person, Samuel H., 17, 48, 392, 439, 441 Person, Thomas I., Ii3n. Peterson, J. W., 254n. Pettigrew, James J., 3Sn. Phillips, Charles, 621, 630 Phillips, Samuel F., on fraud com- mission, 404; turns Republican, 494, 522 ; in politics, 142, 537, 566, 577, 583, 64s ; mentioned, 124, 172, 562-3, 578, 580, 646 Pickett, George E., 166-7 Pickett, Thomas, 160 Pickrell, J. F., 434, 439-40, 450-1 Pierson, C. D., 2S4n. Pigott, Jennings, 93 Pitt County, Ku Klux in, 462, 465; carpet-baggers in, 416 Polk, Leonidas, 35n. Polk, Lucius, 35n. Pool, John, characterized, 4lSn. ; bad influence on Holden, 243 ; in- spires policy of force, 357, 497-8, 503, 516, 561; in politics, 66, i38j 144, 183, 292-3, 349, 364, 375, 402, 434, 493-4, SSS, 59°, 594-5; men- tioned, 177, 187, 288n., 414, 488, 498, 563, S7I-2, 582, 584, 599, 618, 622n., 625, 628, 646-7 Pool, Stephen D., 599, 603, 625-8, 647 Pool, Solomon, 440n-, 584, 62S-8 Poole, W. R., 3iin. Porter, T. H., 441 Potter, Jordan, 336 Pou, E. W., in legislature, 351, 357- 58, 381, 432; favors convention, 566 Povyell, R. J., I07n., 113, Ii4n., 116, 594". Powers, Thomas, 165 Price, , 35on. Price, G. W., 285, S36n., S84n., 646n. Prices during the war, 77 Progress, the, 50, 55, id, "6, 135, 138, 140-1 Provisional Government of State, 192 679 Pruyn, D. J., in frauds, 380, 389, 405, 412 Purdie, John W., 376 Purnell, Thomas -R., 600 Puryear, iR. C, 34n., I78n. Puryear, William, 470 R Ragland, John, 389 Railroads, 201-5, 427-44, 448-9 Raleigh & Gaston Railroad, 44 Ramseur, Stephen D., 3Sn. Ramsey, J. G., 55, 67n., 486 Randall, Alexander W., 621 Randolph County, deserters in, 54; Ku Klux in, 477 ; peace movement in, 44 iRains, Gabriel, 35n. Ransom, Edward, candidate Con- gress, 601 ; president convention 187s, 638 Ransom, Matt W., elected to Sen- ate, 562, 571 ; on Montgomery commission, 17; opposes conven- tion, 605; mentioned, 35n., 117, 45on. Ransom, Robert, 3Sn. Ray, H. M., 505 Rayner, Kenneth, in convention 1861, 30, 32 ; mentioned, 26, 49, 91 Read, John, 4i8n. Reade, Edwin G., characterized, 414; elected judge, 144; in Con- federate Senate, 56, 66; in con- vention 1865, 121-2; political ac- tivity, 364-5 ; mentioned, i4Sn., 28on., 352n., 489, 531, 565 Reavis, W. H., 536n. Reconstruction Acts, 216-9 Reconstruction movement in N. C, 81-2 Red Strings. See Heroes of Amer- ica. Registration in 1867^ 235-7 Reid, David S., in Peace Confer- ence, 17-8; mentioned, 4, 26, 49, 96n., 507, 616, 627, 644 Reid, James, 584, 616, 628-9 Reilly, John, 584, 646n. Renfrew, J. H., 254, 35on., 376, 380 Republican party, beginning of in N. C, 240-3, 246-8 Respass, John B., 584n. Rice, Benjamin F., 571 Rich, D. J., 254n., 35on. Richardson, W. R., i07n. 68o INDEX Richmond County, 658 Roan, Felix, 516 Robbins, P. D., 254n., 33in., 3S0n., S36n. Robbins, William M., censured, 379 ; Conservative leader, 354, 536 ; on penitentiary committee, 380; mentioned, 362, 384, s87n., 6oin., 647n., Robeson County, 475-6, 634 Roberts, W. P., 3Sn. Robins, M. S., ssgn. Robinson, Benjamin, 167 Robinson, General J. C, asst. com. Bureau, 158, 170, 300, 310, 313 Robinson, James L., 597, 60S Rockingham County, Ku Klux in, 465, 484 _ Rodman, -William B., in convention 1865, 254; on code commission, 265, 348; favors convention 1875, 632; university trustee, 623-4; mentioned. 28on., 365, 437, 531, 562 Rodney, George B., 519 Rogers, George S., tortured by Kirk, 519 Rogers, Sion H., 46n., I45n., 367n., 492n., S22n., 563, s87n. Rollins, W. W., 498-9, 535 Rosekrans, Captain Isaac A., 305, 322-3 Rowan County, Ku Klux in, 465 Rucker, Aden, 462n. Ruffin, Alex., 531 Ruffin, Thomas, delegate to Peace Conference, 17-9 ; in convention 1861, 30-2; opposes constitution of 1866, 175 ; opposes Ku Klux, 472 ; mentioned. 26, 169, 189, 220, 39ln., 40s Ruffin. Thomas. Jr., T78n., 28on., 3Q4-S. 600 Ruffin, Thomas, of Wayne. 15, 34n. Ruger, General Thomas H.. agree- ment with Holden. 308-9; asst. com. Bureau, 300; on conditions in N. C, 162; mentioned, 158-60, 166, 169 Russ, J. H. P.. 46n., T07n.. i86n. Russell, Daniel L,. Jr., 28on., 413, 6oon. Rutherford County, Ku Klux in, 462, 464-5, 477, 479-81 ; men- tioned, 119, 578 Rutherford Star, opposes Holden, 480 ; raided by Ku Klux, 481 Salaries, 4ion., 41 in. Salt Works, 75-6 Sanderson, G. O., 2iin., 32411. Saunders, William L., 461, 575, 60S Scales, Alfred M., 35n., 362n., 6Din., 644, 647n. Scarborough, J. C, 618 Schenck, David, 569, 575, 6oon., 603 Schenck, S., 373 Schoiield, J. C, in command in N. C, 100, 102-4, 148-9, 158, 293 Schurz, Carl, in campaign of 1872, 588; report on South, 209-10 Scoggins, Nathan, 577 Scott, James G., 543 Scott, James S., 507 Scott, W. L., 404, 492n. Secession Movement, 13, 20-1, 28, Secession Ordinance, 29, 122-5 Seddon, James A., correspondence with Vance, 47 Seeley, F. A., 322 Sentinel, the. 118, 138. 151, 172, 251- 52, 256, 273, 360, 370, 378, 392, 399, 405, 409-10, 414, 433, 477, 491, S20n., 523-4. 537-40, 618 Separk, J., sSsn. Settle, Thomas, elected speaker, 142; in convention 1865, 121, 125, 129, 131 ; candidate for governor, 583, 646, 649-53 ; Republican lead- er, 244, 365, 491 ; judge, 394, 586, 636; supports Holden, 61, 138; university trustee, 414. 623 ; min- ister to Peru, 562, 586; men- tioned, i4Sn., 178, i87n., 28on., 389, 408, 484, 489. 563, 587n., 616, 622n., 625, 634-6, 647 Seward, Clarence, 83 Seward, William H., 83, no, 192-3, 621 Sewall, General F. D., 305, 310, 323 Seymour, Augustus S.. candidate judge, 600; introduces bills, 357, 401 ; opposes frauds, 378, 385 ; mentioned, 348 3Son., 378, 403-4, 584n., 593n. Seymour, Horatio, 458 Sharpe, L. Q., opposes secession, 17, 23, 67. i4Sn. Shepperd, Col. , 472-3 INDEX Sherman William T., 98-9, 102, 499 Shipp, William M., 14511., 28on., 493, 495, 521, SS8, 585 Shober, F. E., 28on., 36711., 374, 49211., 52211. Shoffner Bill, 402, 559 ShofEner, T. M., 354, 377, 402, 470 Shotwell, Randolph, 462, 577-9 Sickles, Daniel E., in command in N. C, 158, 221-33, 621 ; in land deal, 614 Sinclair, Duncan, 634, 637 Sinclair, James, in legislature, 348, 351, 357- 386, 431 ; mentioned, 179, 21 in., 2l2n., 359, 36on., 389, 404, 624 Skinner, Thomas, I07n. Slaves, federal action in relation to, 91 Slavery, 2, 125-6 Sloan, William, in frauds, 194, 438- 40, 443-S, 450-1; mentioned, 389, 413, 440 Smith, Brinton, 580 Smith, C, 536n. Smith, R. H., 15 Smith, W. A., I2in., 363, 388, 404, 587n., 534-5, S38, 646 Smith, W. N. H., in Confederate Congress, 34n. ; in impeachment trial, 547, 549, 554; mentioned, I78n., 278, 392n., S96n., 63ln., 644 Smyth, J. H., 637n. Southern Loyalist Convention, 178-9 Sparrow, Thomas D., in impeach- ment trial, 537, 542-3, S48, 556-7 Speed, James, 114 Speed, iRufus K., 5s6n. Sprague, F. H., 4g2n. Stanbery, Henry, 218-9, 226 Standard, the, 3, 4n., 8, I2n., 22, 36- 37, 39-42, 50, 53-5. 59, no, 118-9, 13s, 138, 140-1, 143, 151-2, 154. 171-2, 224, 336-7, 349. 361-3 368- 71, 379, 403-6, 408, 472, 475, 490, 495, 502, 517-8, 522, 52s, 527, 530, 538, 540. 567 Stanly, Edward military governor, 87-8; correspondence in N. C, 92; letter to Lincoln, 94; letter to Sumner, 94n. ; on conduct of fed- eral troops, 93-4; opposes seces- sion, 5, 42; sketch of, 88; policy of, 89-90, 95 Stanton, Edwin M., 89 Starbuck, D. H., I2in., 348. 578 State Journal, the, 37, 39, 4in., 55 Steadman, General J. B., 300, 321-3 Steele, Walter L., 278, 647n. Stephens, John W., incendiary char- acter of, 473, 487; in legislature, 351, 376, 379, 431; killed, 474, 488, Si6; mentioned, 384, 388,, 405, 652 Stevens, A. W., 35on., 376, 386 Stevens, Thaddeus, 175, 187, 208 Steiner, Major, 462 Stilley, H. E., 35on., 418, 593n. Stockard, William, 462n. Stokes County, Ku Klux in, 465, 477 Strange, (Robert, 6o5n. Strong, George V., 28on. Strudwick, Frederick N., in Ku Klux, 462 ; in legislature, 537, 541-3, 559 Stubbs, J. R., i40n. Sumner, Charles, 287n. Sumter, Fort, effect of fall, 21-3 Surry County, peace movement in, 5172 Swain, David L., declines appoint- ment to Senate, 56 ; on Mont- gomery commission, 17; visits President, 106, i6g; surrenders Capitol, 99; president university, 620-1, 623; mentioned, 96-7, 151, 189, 405, 619 Sweat, Isham, 150, 35on. Sweet, W. H. S., opposes frauds, 378-9, 385, 408-9; mentioned, 254n., 350n. Swepson, George W., in frauds, 203-4, 386, 430-1, 435, 437-8, 443- 44; mentioned, 413, 433, 436-8, 440-2, 450, 491, 493, 550, 561, 586 Sykes, T. A., 536n. Taft, William H., 665n. Tarboro Southerner, the, 495-6, 537 Tate, Samuel McD., 437, 443 Taxes, 74-5, 424 Taylor, James F., 187, 623-4 Taylor, Marble N., in Hatteras movement, 84, 86-7 Teal, Captain , 326n. Tew, Charles C, I7n. Thomas, Charles R., candidate Congress, 493, 601 ; characterized, 41S ; favors convention 1875, 682 INDEX 632; mentioned, 180, i87n., 28on., 338n., 484, 492n., 531, 5870., 649 Thompson, Henry C, 440 Thompson, Lewis, 177, i87n. Thompson, W. H., 418 Thompson, Jacob, 15 Thorne, J. W., 604, 606-7 Thruston, S. D., 16 Tipton, Thomas W., 588 Tolar, William J., 165-6 Toon, Thomas F., 35n. Tourgee, Albion VV., as judge, 238, 2S0, 415, 48s, 600 ; characterized, 366, 414; political activity, 180, 336, 348, 365-7, 601 ; in conven- tion 1868, 253, 258, 263-4, 266, 408, 409; in convention 1875, 637-40; university trustee, 624; on code commission, 265, 348; on Repub- lican party in N. C, 664-5; men- tioned, I79n., 181, 272n., 28on., 285, 338n., 345, 405, 431, 484, S28n., 531, 637n. Trolinger, John T., 462n. Truman, B. C, 209-10 Tucker, R., 536n., 6o4n. Turner, Josiah, Jr., arrested by Kirk, 522-4, 547; editor Sentinel, 37S; political activity, 55, I35, 49i, 646; characterized, 388-9; op- poses secession, 17, 23, 25 ; quar- rel with Holden, 112, 389, 414, S18, 531, 552; in convention 1875, 640-1; mentioned, 67n., Ii3n., I34n., I40n., 243, 362, 415, 489, 525n., 526, 545-6, 549, 578, 580, 58s, 605, 611, 644 Turner, J. M., 254 Tyrrell County, 84, 614 Union feeling, 1-2, 11 1-2 Union League, extent. 337; origin and organization, 327-9, 337-8; character and influence, 327, 331- 35. 338-42; mentioned, 244, 330, 333-S, 363-4, 371, 373, 454, 4S6, 468, 470-2. 475-6. 478-9, 486-7, 489, 496 University of North Carolina. 439- 40, 442, 448-9, 619, 622-3, 626-7 Vance. 'Robert B., 35n., 587n., 6oin., 647n. Vance, Zebulon B., as war gover- nor, 40, 43, 47, 49, 53, 55-61, 64-5, 77-9, 92, 96-7, gg-ioo; nominated for governor, 279-80, 644, 649-53 ; candidate for Senate, 563, 571, 594-5; mentioned, 45-6, 51, 68, 117, 241, 278-9, 282, 540, 547n., 562, 564, 585, 587, 6o5n., 620 Venable, Abram, 34n., I35n. Vest, R. P., 4i8n. Vogell, H. C, 3 1 in., 325 W Waddell, Alfred M., 41, 150-1, 159, 492n., S22n., 563, 587n., 6ciin., 646, 647n. Wake County, Ku Klux in, 477; peace movement in, 51; men- tioned, 416, 424, 602 Walker, Gilbert C, 588 Walker, Joseph, 462n. Walkup, S. H., i4on. War Debt, 17, 24, 129-31 Warren County, Ku Klux in, 466 ; mentioned, 570, 658 Warren, Edward J., I2in., 124, I45n., 28on., 536, 562, 6o5n. Waring, Robert P., tried by mili- tary commission, 167-8; on board of managers, 543 Washington County, disloyalty in, 81, 84; mentioned, 614 Washington, J. C, 115 Watkins, David, 165 Watts, Samuel W., characterized, 415; in frauds, 445-6; on Protest of Bar, 394n. ; mentioned, 263, 28on., 338n., 388, 405, 436, 561, 598, 632 Waugh, H, M., i86n., 594n. Wayne County. Ku Klux in, 465 Weaver, John B., 4i8n. Webb, Joseph, 462 Webster, William, 462n. Welch. W. P.. 537, 542-3, 594n. Welker, George W., 181, 263, 356, 616 Western North Carolina Railroad, 432, 435-5,. 438, 441, 448-9, 550 Western Railroad, 429, 442, 444 Wheeler, John H., 106 Wheeler, William H., 646n. Whig party, 2, 10 Whigs, activity of, 243 White, Garland H., 601 White, J. A., 6o4n. INDEX 683 White Brotherhood, 4S4-7, 462, 4630., 467, 513, 528, 549, 596 Whiting, W. H. C, 3511., 76 Whitmire, F. J., S94n. Whittlesey, Eliphalet, policy as asst. com. of Bureau, 297-300, 313, 315. 321 ; court-martialed, 324; mentioned, 2iin., 2i2n., 305- 307, 309-10 Wickersham, Charles J., 298 Wickham, William C, 366 Wiggins, M. L., 224 Wilcox, Cadmus, 3Sn. Wiley, Calvin H., 32on., 532, 609-10 Wiley, F. A., 516, 546 Wiley, S. H., 584 Wilkes County, deserters in, 54 Williams, John T., 596n. Williams, S. T., 28in. Williamson, J. H., 2S4n., 3Son., S36n., 537 Williamston & Tarboro Railroad, 429, 432-6, 445, 448-9 Willis, G., 536n. Wilmington, Charlotte & Ruther- ford iRailroad, 428-g, 438-9, 441-2, 448-50 Wilmmgton Journal, the, 4in., 477-8 Wilson, Henry, 245, 588 Wilson, Joseph H., I78n. Wilson, P. A., i86n. Wilson, T. J., 6oon., 603-4 Winslow, Warren, 16, 22, 26 Winston, Patrick H., 129, 134"-. i3Sn., 189 Wise, Henry A., 5 Witherow, John, 462n. Womack, John A., s85n. Womble, Thomas W., 4i8n. Wood, E. A., 440n. Wood, Jasper N., 462n., 517 Woodfin, Nicholas W., 450 Woods, Wright, 471 Worth, Daniel, 9 Worth, David G., 76 Worth, John M., 76 Worth, Jonathan, opposes nullifica- tion, i; opposes secession, 17, 23; elected treasurer, 46 ; provisional treasurer, 193-4; opposes 14th amendment, 182-3 J governor, 134, 139, 145-6, 177, 181 ; consulted by Sickles, 222, 227; letter, of protest against removal, 290-1, 356, 547; mentioned, 25n., 97, io8n., 114, I44n., 169, 176, 189, 224, 228, 240, 243-44, 250, 30s, 309-ion., 3i2n., 313. 551, 621 Wright, William A., I78n., 6o5n. Wynne, J. W., I79n. \\^ynne, R. I., 357, 431 Yadkin County, deserters in, 54 Yancey, Bartlett, 405 Yancey County. Ku Klux in, 477 Yates, H. C, 501, 516 Yeates, J. J., 6oin., 646n. Young, I. J., 497, 647n. Studies in History, Economics and Public Law edited by the Faculty of Political Science of Columbia University VOLUME I, 1891-92. 2nd Ed.. 1897. 396 pp. Price, cloth, $3.50. 1. The Divorce Problem. 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By Solomon ViNEBERG, Ph.D. Price,$i.50. 3. [1391 *The Distribution of Income. nu r. n ■ » «. LXAijj j.iioi^i=i.i By Frank Hatch Streightoff, Ph.D. Price, |i. 50. 3. [130] 'The Finances of Vermont. By Frederick A. Wood, Ph.D. Price, »i.oo. VOLUME LIII, 1913. 789 pp. Price, cloth, $4.50; paper, $4.00. 1 131] The Civil War andKeconstruction in Florida. By W. W. Davis, Ph.D VOLUME LIV, 1913. 604 pp. Price, cloth, $4.50. 1 . ri33] * Privileges and Immunities Ogt^Cmzens of the^Uni^^^^^ ^^^^^_ 3. [133] The supreme court and Unconsti^tutional^Le^slatt^^^^ Price, $..oo. q n