vision is made for the management and maintenance of the State University. It is provided that the public schools shall be open, free of charge, to all children of the State between the age of six and twenty-one, and the General Assembly is empowered to enact that "every child of sufficient mental and physical ability shall attend the Public Schools during the period between the ages of six and eighteen years, for a term of not less than sixteen months, unless educated by other means." The advantages of the University are extended, as far as practicable, to the youth of the State free of expense for tuition."

A homestead and dwelling not exceeding one thousand dollars in value, and personal property to the amount of five hundred dollars, are exempted from sale under execution or other legal process for the collection of any debt. The separate property of women, acquired before or after marriage, is secured to them free from liability on account of the debts of their husbands.

All able-bodied male persons between the ages of twenty-one and forty years, who are citizens of the United States, are made liable to duty in the militia, unless averse to bearing arms from religious scruples; and it is made the duty of the Legislature to provide for the efficient employment of this force, to execute the law, suppress riots or insurrection, and to repel invasion.

The following section renders the amendment of the constitution quite difficult:

SECTION 2. No part of the constitution of this State shall be altered, unless a bill to alter the same shall have been read three times in each House of the General Assembly, and agreed to by three-fifths of the whole number of members of each House, respectively; nor shall any alteration take place, until the bill so agreed to shall have been published six months previous to a new election of members of the General Assembly. If, after such publication, the alteration proposed by the preceding General Assembly shall be agreed to, in the first session thereafter, by two-thirds of the whole representation in each House of the General Assembly, after the same shall have been read three times on three several days in each House, then the said General Assembly shall prescribe a mode by which the amendment or amendments may be submitted to the qualified voters of the House of Representatives throughout the State; and if, upon comparing the votes given in the whole State, it shall appear that a majority of the voters voting thereon have approved thereof, then, and not otherwise, the same shall become a part of the constitution.

The principal objections made to the work of the convention, either by its own members or in the public prints, were based on its freedom from any provisions making distinctions among citizens on account of race, color, or previous condition. The convention concluded its labors with an ordinance providing for the first election, at which the vote was to be taken on its ratification, and adjourned on the 17th of March.

The ordinance of the convention, providing for the holding of the election at which the

vote of the people was to be taken on the ratification of the constitution, appointed the 21st, 22d and 23d of April for that purpose, and further provided that at the same election Senators and Representatives to the General Assembly, and all the State and county officers, as well as Representatives to the Congress of the United States, should be chosen. A certified copy of this ordinance was forwarded to General Canby, commander of the military district, and on the 23d of March he issued an order for holding the election, containing complete instructions for revising the registration of qualified voters, and for receiving and returning the votes. Among the instructions contained in his order, were the following:

If

9th. The sheriff and other peace-officers of each county are required to be present during the whole time that the polls are kept open, and until the election is completed; and will be made responsible that there shall be no interference with judges of election, or other interruption of good order. there should be more than one polling place in any county, the sheriff of the county is empowered and directed to make such assignments of his deputies, and other peace-officers, to the other polling-places, as may in his judgment best subserve the purposes of quiet and order; and he is further required to report these arrangements in advance to the commander of the military post in which his county is situated. charge from employment, or other oppressive means 10th. Violence, or threats of violence, or of disto prevent any person from registering or exercising his right of voting, is positively prohibited; and any such attempts will be reported by the registrars, or judges of elections, to the post commander, and will cause the arrest and trial of the offenders by military authority. The exhibition or carrying of deadly weapons in violation of General Orders No. 10, of 1867, at or in the vicinity of any polling-places during the election herein ordered, will be regarded and treated as an additional offence.

11th. All bar-rooms, saloons, and other places for the sale of liquors by retail, will be closed from six o'clock of the evening of the 20th of April, until six o'clock of the morning of the 24th of April, 1868, and during this time the sale of all intoxicating liquors at or near any polling-place is prohibited. The police officers of cities and towns, and the sheriffs and other peace-officers of counties, will be held responsible for the strict enforcement of this prohibition, and will promptly arrest and hold for trial all persons who may transgress it.

12th. Military interference with elections, "unless it shall be necessary to repel the armed enemies of the United States, or to keep the peace at the polls," is prohibited by the Act of Congress approved February 25, 1865, and no soldiers will be allowed to appear at any polling-place, unless as citizens of the State they are qualified and are registered as voters, and then only for the purpose of voting; but the commanders of posts will keep their troops well in hand on the days of election, and will be prepared to act promptly if the civil authorities are unable to preserve the peace.

The State-officers to be chosen were a governor, lieutenant-governor, auditor, treasurer, superintendent of public works, superintendent of public instruction, attorney-general, five justices of the Supreme Court, and one judge of the Superior Court, in each of twelve judicial districts.

A disposition was shown, on the part of all

classes of people in the State to take part in the political canvass, and exert their influence for or against the new constitution. Delegates of the Conservative or Democratic party met in convention, at the call of their State executive committee, at Raleigh, on the 7th of February, and decided upon a plan of organization for the party throughout the State. The purpose of the convention, as expressed in the preamble to its declaration of principles, was "to consider the present anomalous condition of the State, and of the country, and to consult together upon the grievances which now afflict and threaten them (the Conservatives), and the course of action proper to be adopted in the trying circumstances which surround them." After declaring their "unalterable devotion to the principles of constitutional liberty," and their "fealty to the Government of the United States, as set forth in the Federal Constitution," and averring that they accept in good faith "the legitimate and legal results of the late war,' ," and heartily desired peace and concord with their "sister States, and with the entire United States," they embodied the leading articles of their political faith in the following resolutions:

Resolved, That, regarding the Constitution of the United States as the source of all power in the administration of the Government, and that the powers of the Executive, Legislative and Judicial departments are equal and coordinate, as defined by that instrument, we do respectfully and solemnly protest against the enforcement upon our people of the reconstruction Acts and policy of Congress, as unconstitutional, unwise, and destructive to society, and violative of that great principle of American politics, that each State shall have the exclusive control of its own internal affairs.

Resolved, That it is the opinion of this convention, that the great and all absorbing issue, now soon to be presented to the people of the State, is negro suffrage and negro equality, if not supremacy, and whether, hereafter, in North Carolina and the South, the white man is to be placed politically, and, as a consequence, socially, upon a footing of equality with the negro, and, in many localities, subject to his government as a superior. That we are utterly opposed to such change in our government and in our social relations, and that we do hereby earnestly recommend to the people of the State to manfully meet the issue now attempted to be forced upon them, and to use every proper means within their power to avert the impending

mischief.

Resolved. That, while we are unalterably opposed to political and social equality with the black race, we yet have no unjust prejudices against that race; that we are determined, by just laws, to protect them fully in all their civil rights, and to confer upon them all privileges which can be done consistently with the safety and welfare of both races.

Resolved, That the distressed and impoverished condition of our people earnestly demands the speediest and wisest measures of relief that the Legislature can devise.

Resolved, That this convention recognizes, with feelings of gratitude, the heroic and patriotic efforts of the President of the United States, to restore the Union and harmony and good-will among the American people.

Resolved, That this convention regards the Supreme Court of the United States as the legitimate expounder, in the last resort, of the Constitution

and believes that its rights and powers, in that respect, should be preserved intact, as established by law in the earlier and better days of the Republic, and that any serious impairment thereof, by legislation or otherwise, will be destructive to the best interests of the country, and dangerous to the liberties of the people.

the Southern States under the conduct of that orResolved, That, despairing of any restoration of ganization which now controls the proceedings of Congress, waiving all former party feeling and prejudice, this convention does most unhesitatingly reeommend and invite the cooperation of all the people of North Carolina with the Democrats and Conservative men of the North and West, who are now nobly struggling for the maintenance of the Constitution of the United States, and the restoration of the Southern States to their rights in the Union, on the solid foundation of harmony and peace.

The Republican Convention met at Raleigh on the 2d of March, and placed candidates in nomination for the offices to be filled at the election in April. The Republican candidate for Governor was Wm. W. Holden, and Thomas S. Ashe was nominated by the Democrats.

The whole number of voters registered in the State of North Carolina was 196,876, of whom 117,431 were whites and 79,445 colored. The whole vote on the constitution at the election of April, 1868, was 167,127; 93,118 votes were for ratification, and 74,009 against it, giving a majority of 19,109 in favor of adopting that instrument. The entire vote cast for Governor was 179,950; Holden received 96,499, and Ashe 83,451; Holden's majority, 13,048. There were seven members of Congress chosen, Republicans from the first, second, third, fourth, and fifth districts, and Democrats from the sixth and seventh districts. The constitution of the State Legislature is as follows:

The constitution of North Carolina met the approbation of Congress, and, on the 25th of June, an act passed that body to admit this, among other Southern States, into the Union as soon as the proposed amendment of the Federal Constitution should be ratified by its Legislature. In order that the vote might be taken on this matter, and that such laws might be passed as should be necessary in reorganizing the Government of the State, the General Assembly was convoked, by proclamation of the Governor elect, to meet at Raleigh on the first day of July. Judge Pearson, who was to administer the oath of office to the members of the Legislature, was informed by General Canby that no oath would be required except that prescribed in the constitution of the State. In order to facilitate the organization of the new State Government, the Governor and Lieutenant-Governor were removed by military order, and the persons appointed who had been lately elected to those positions. This order was to take effect on the meeting of the Legis

lature, July 1st. This course did not meet the approval of Governor Worth, and he published the following protest, addressed to Governor Holden: STATE OF NORTH CAROLINA,

EXECUTIVE DEPARTMENT, RALEIGH, July 1, 1868. Governor 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 A. M., administer to you the oaths required preliminary to your entering upon the discharge of the duties of civil Governor of the State, and that thereupon you would demand possession of my office. I intimated to the judge my opinion that such proceeding was premature, even under the reconstruction legislation of Congress, and that I should probably decline to surrender the office to you.

At sundown yesterday evening I received from Colonel Williams, commandant of this military post, an extract from the General Orders, No. 120, of General Canby, as follows:

General Orders, No. 120. [Extract.]

HEADQUARTERS SECOND MILITARY DISTRICT, CHARLESTON, S. C., June 30, 1868. To facilitate the organization of the new State governments, 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 Carolina, Tod R. Caldwell, LieutenantGovernor elect, to fill an original vacancy, to take effect July 1, 1868, on the meeting of the General Assembly of North Carolina.

I do not recognize the validity of the late election, under which you and those cooperating 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 offer a futile opposition, but vacate the office without the ceremony of actual eviction, offering no further opposition 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, declared it valid. I am, very respectfully,

JONATHAN WORTH,

Governor of North Carolina.

The Legislature assembled on the appointed day, the members were sworn in, and both houses organized for the business of the session. On the second day the 14th amendment was ratified by a joint resolution of the House and Senate, and information of that fact transmitted to General Canby. On the 3d of July the following appeared:

CHARLESTON, S. C., July 3, 1868. To his Excellency, W. W. Holden, Governor of North Carolina:

Your telegram, announcing the ratification of the Constitutional Amendment by the Legislature of North Carolina, has been received, and instructions

will be sent to-day to the military commanders in North Carolina to abstain from the exercise of any close up unfinished business, and not to interfere in authority under the reconstruction laws, except to any civil matters unless the execution of the law of

June 25, 1868, should be obstructed by unlawful or forcible opposition to the inauguration of the new State Government.

The railroad appointments made by Governor Worth have been annulled. ED. R. S. CANBY, Major-General Commanding. On the 4th Governor Holden was formally inaugurated, and exactly one week from that day the President of the United States announced by proclamation that North Carolina had complied with the condition prescribed by Congress for her restoration to an equal place in the Union of States. This consummated the reconstruction of the State of North Carolina.

There had been little occasion, during the six months prior to the meeting of the first Legislature under the new constitution, for any vigorous exercise of the military power. General Canby had on the 1st of January directed the organization of an armed police, to be employed, under the direction of the sheriffs, for the detection and prevention of crime in certain counties, which force was to be under the general supervision of the military authority. It was to be composed of "loyal citizens, white and colored, in the ratio of registered voters," who were required in all cases to be "intelligent, sober, and reliable men, of good moral standing in the community from which they are selected." In April a special order was issued, establishing a provost court for several counties of the State, to sit ordinarily at Raleigh, but liable to be called, for special purposes, to sit temporarily at different places. The jurisdiction of this court was restricted to civil cases, in which the sum in controversy did not exceed three hundred dollars, and to criminal offences which should be referred to it, except murder, manslaughter, assault with intent to kill, duelling, perjury, rape, and arson. The procedure of the court was to be "assimilated to that of magistrates under the laws of the State," and sentences and judgments were not to be executed until approved by the commanding general. The constitutional convention also relied on General Canby to carry into effect such ordinances as it saw of little general interest. fit to pass. These were few in number and

The Legislature, which met on the first of July, continued in session until the 22d of August, and passed a variety of laws, those of the greatest general interest being "An act to organize a militia of North Carolina," and "An act to provide for the registration of voters." Difference of opinion on questions of general policy still seemed to be based on the "distinction of race, color, or previous condition." No legislative action was taken founded on any such distinction, but the sentiments of the Conservatives on the subject are

illustrated in the series of resolutions which follow. These were not adopted by a majority of either House.

The General Assembly of North Carolina do resolve: 1. That we recognize the radical distinctions of color, blood, physicial form, and peculiarities of intellect, between the white and negro races, and all efforts to destroy or abridge these distinctions are crimes not only against society and civilization, but against God himself.

2. That the common rule, as well as the experience of mankind, proves that the white race is superior to the negro, in physical and intellectual endowment, and that civilization and its future successful progress

are safe only in the hands of the white race.

3. That the governments of the United States and of the several States were instituted by white men, have been administered by white men, and ought to be administered by white men, forever hereafter.

4. That it is the duty of this and all future General Assemblies of North Carolina so to shape their legislation as to secure the rights of life, property, and liberty, to all men residing in the State, without regard to race, former condition or color, but at the same time to recognize the natural distinctions of

6. That, in forming a militia system, special provision shall be made for organizing the white militia from the negro militia.

7. That stringent provision shall be made, by appropriate legislation, to prevent the intermarriage of the white and negro races in this State, and to punish the crime of miscegenation.

8. That these resolutions embody principles and a course of policy vital to the interests of the people of this State and of the whole Union, as well as to the interests of enlightened civilization and good and stable government, and all efforts to avoid or prevent a free, fair, and candid expression of opinion touching these principles ought to be, and will be, regarded as unfriendly to the well-being of society.

The subject of a system of public education occupied considerable attention, but nothing more was done than to adopt a resolution instructing the Board of Education to prepare and report a plan and code of laws for the " ganization, government, etc., of the public free

schools."

or

The following are the leading provisions of the militia act:

Every person liable, is required to serve, unless he pays a yearly contribution of two dollars, or is exempted under the certificate of a physician.

The Governor appoints and commissions all officers.

The white and colored militia are to be enrolled in separate companies, and "never be compelled to serve in the same companies."

The Governor is authorized to organize six regiments of infantry, three battalions of cavalry, and one battery of artillery, to be apportioned to three divisions into which the State may be divided, each to constitute a majorgeneral's department.

The Governor has authority to request any five justices in a county to direct the colonel

commanding therein to detail a "sufficient force to preserve the peace and enforce the laws."

"No man shall be an officer or private in the detailed militia unless he be an elector of the State, and first take and subscribe the constitutional oath of office."

"The said detailed militia shall be under the command of the Governor and be subject to his orders, and may be sent to any portion of the State by him."

66 Any officer of said detailed militia shall have power, and it shall be his duty, to use such force as may be necessary, to overcome resistance, in quelling riots or making arrests, and not otherwise."

"The white and colored members of the detailed militia shall not be compelled to serve in the same sections."

SECTION 22. The detailed militia organized under the provisions of this act shall not be used on any oecasion or under any pretext for any other purpose than to execute the laws and to suppress resistance officer for that purpose. And in case it be called into to the same, and it may be called upon by any peace force shall be used to secure a fair and untrammeled service to preserve the peace in any election, the vote of all electors without regard to their political opinions, and no member of the force shall, while on active duty, be allowed to endeavor to influence the vote of any citizen, and any one offending against the provisions of this act shall be deemed guilty of a misdemeanor, and, on indictment and conviction before any Superior Court, shall be fined or imprisoned, at the discretion of the Court, and shall forfeit any office or position that he may then hold under the laws of this State. Every justice of the peace or other peace-officer shall cause all offenders against this act to be immediately arrested, and held to bail to appear before the next succeeding Superior Court of the County to answer such charge.

The registration act regulates the appointment of registrars and judges of election, and gives explicit directions regarding the methods of proceeding. The following are the most important sections:

SECTION 6. Every male person born in the United States, and any male person who has been naturalized, twenty-one years old or upwards, who shall have resided in the State twelve months next preceding the election, and thirty days in the county in which he offers to vote, shall be deemed an elector, and shall be entitled to registration upon application.

SEC. 7. Except in cases provided for in section eleven, of this act, no person shall be allowed to vote at any election unless his name shall be found upon the registration books of the precinct in which he offers to vote, unless he shall take and subscribe the following oath: "I, do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States, and the constitution and laws of North Carolina not inconsistent therewith; that I have been a resident in the State of North Carolina for twelve months, and in the county of for thirty days, and that I have neither registered nor voted during this election in oath, shall thereupon be registered. any other precinct." Such person, having taken this

SEC. 8. It shall be the duty of the judge of elections to keep the registration books for their precinct at the place of holding the election during the day of such election, and to register therein the name of any in the last section, before receiving the vote of any legal voter, first administering the oath as provided elector not previously registered.