USA > North Carolina > Historical and descriptive review of North Carolina, volume 1 > Part 3
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The Legislature of 1870-1 impeached Governor Holden and he was removed from office, Lieutenant Governor Caldwell assuming the duties of the office. An act was passed by the Legislature April 3d, 1871, appointing an election to be held August 3d, 1871, upon the ques- tion of holding a convention, and it was defeated by a vote of 86,001 for to 93,352 against, it. At the regular election in 1872 T. R. Caldwell was elected Governor, and Curtis H. Brogden, Lieutenant Governor for four years from the 1st of January, 1873. The constitution of 1868 had been found ill suited, in many essential particulars, to the interests and condition of our people, and the Legislature of 1872-3 among the amendments made to that instrument, abol- ished the office of Superintendent of Public Works: changed the sessions of the General As- sembly from annual to bi-ennial terms, and abrogated the clause causing the census of the State to be taken. Governor Caldwell died 11th July, 1874, and was succeeded for the unex- pired term by the Lieutenant Governor. In March, 1875, the Legislature passed an act pro- posing certain amendments to the Constitution and providing for a convention, restricted in its action to the consideration of the proposed amendments. It met in Raleigh on the 6th September and the amendments of greatest importance adopted by it, which were ratified by a vote of 120,159 to 106,554, were-the establishment of separate schools for the races; of a department of agriculture; of Criminal aud Inferior Courts; the election of magistrates by the Legislature ; reducing the number of judges of the Supreme and Superior Courts; disfran- chising persons convicted of infamous crimes; and limiting the per diem of members of the General Assembly to four dollars, for sixty days to each session.
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STATE OF NORTH CAROLINA.
With laws guaranteeing ample and equal protection to all of her citizens, administered by native sons distinguished for their devotion to the State, her future is indeed hopeful and auspicious.
GOVERNMENT AND TAXATION.
The government of North Carolina is a pure democracy. It is based upon the will of the people as expressed in the Constitution, an instrument framed by them in their sovereign capacity through delegates appointed for that purpose. The will of the people of this and of each State, when thus expressed, and in conformity to the Constitution of the United States- for the will of the people of each State is subordinate to the collective will of the people of all the States-is the supreme law. The State Constitution thus made is the measure and test of all laws passed by the Legislature, and these laws must stand or fall by their agreement or disagreement with it.
The Constitution is a short instrument, but wide in its scope and bearing. It contains a chief statement of the fundamental principles of civil and individual liberty, creates the different departments of government-Executive, Legislative and Judicial, and prescribes the powers of each; establishes Educational, Charitable and Penal institutions; directs who shall be liable to duty in militia; and prescribes the rights of citizenship.
The Legislature enacts laws. The Judiciary passes upon them when a question arises as to their constitutionality, and expounds them, when a question is presented as to their meaning. The execution of the law is entrusted to the Executive. The executive in this State possesses no veto upon the acts of the Legislature. When the law is once made his duty as that of every other citizen is obedience in its spherc.
The rights of citizenship is the only point for consideration here; and these depend upon age, residence and previous citizenship.
A citizen of a foreign country can make himself a citizen here by becoming a resident, declaring before the proper tribunal his purpose of becoming a citizen, and taking the pre- scribed oath of allegiance.
A citizen of any other State of the United States becomes a citizen here by changing his residence from that State to this.
All persons who are born and continue to reside within this State are citizens thereof.
The chief privilege of citizenship is suffrage. The Constitution ordains that, "every male person, born in the United States, and every male person who has been naturalized, twenty-one years old and upwards, who shall have resided in this State twelve months next preceeding the election, and ninety days in the county in which he offers to vote, shall be deemed an elector."
Suffrage here embraces the right to vote for every officer in the State from the Governor down to the constable. Only one exception exists in this State-that is in the case of Justices of the Peace. These are appointed by the Legislature. Logical consistency was sacrificed in this case to secure what in the judgment of the convention was a point of far higher impor- tance, namely, the sound administration of justice in the county, and the administration of county finances, both of which are under the control of the Justices. In many of the eastern counties the colored people largely predominate. Newly emerged from slavery and conse- quently ignorant of the duties of citizenship, ignorant of the law and therefore incapable of administering it: themselves without property, and therefore without the judgment necces- sary to administer the finances of a community; it was deemed best to repose the power of making magistrates in another body; thus guarding those communities against error, whether of ignorance or design until experience and education should make these colored majorities safe repositories of such power. This provision of the Constitution was inspired by no feeling of enmity towards the colored man; it was a provision of safety as well for the colored as for the white. The provision was made impartial in its operation; it applies to every county in the State, whether the majority be black or white, and the object was secured. No such pro- vision was neccessary in the cases of officers elected by the general ticket, for there the experience of the white populatien accustomed to the exercise of citizenship and education to its responsibilities would counterbalance the inexperience of the colored race.
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STATE OF NORTH CAROLINA.
Citizenship under the Constitution of North Carolina, carries with it high and important riglits apart from suffrage. It confers a right to an education by the State, such as will qualify the citizen for the duties to be performed. If he be without property, it gives him a right to support from the county if incapable of earning it by sickness or old age. If he have property and is overtaken by irremediable misfortune, it exempts from persecution personal property to the value of $500, and vests in the owner in fee simple the homestead and the dwelling and the building used therewith not exceeding in value $1,000 to be selected by him. This so called homestead law, so beautiful in theory offering to the unfortunate a sure refuge in case of disaster in business has, however, in practice proven sadly deficient. It has opened up to the wilfully dishonest new avenues and new means by which they can evade their credi- tors. It is a subject of common remark that many take greater pains in trying to study how they can defraud their creditors and retire under the cover of the homestead law, than to meet their lawfully contracted debts. Were there no homestead law or were its objects more faithfully attained, men would stand in a fear of poverty which would induce them to work hard and be more active agents in the general advance of the people.
MAIN DINING ROOM OF THE ATLANTIC HOTEL, MOREHEAD CITY, N. C.
It regulates taxation by proving that the General Assembly levying a tax shall state the object to which it is to be applied, and enjoins that it be applied to no other purpose. It establishes an equation between the property and the capitation tax, by directing that the capitation tax levied on each citizen shall be equal to the tax on property valued at $300 in cash. The capitation tax is levied on every male inhabitant in the State over twenty-one and under fifty years of age, which shall never exceed two dollars on the head. The effect of this limitation upon the capitation tax restricts the law on each hundred dollars worth of property to sixty-six and two thirds cents. It further directs that the amount levied for county pur- poses shall not exceed the double of the State tax except for a special purpose and with the approval of the Legislature. The rate of State tax is generally about 15 or 20 cents per $100, besides 10 or 12 cents for school purposes.
The Government is administed under the Constitution adopted in 1868, which declares that the State shall ever remain a member of the American Union, and that there is no right on the part of the State to secede therefrom; that every citizen owes paramount allegiance to the United States Government: that the State shall never assume or pay any debt incurred in aid
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STATE OF NORTH CAROLINA.
of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave: that slavery and involuntary servitude otherwise than for crime whereof the parties shall have been duly convicted, shall be and are forever prohibited, and that no property qualification shall be required as a condition of voting or holding office. The legislative power is invested in a General Assembly consisting of a Senate of 50 members, and a house of Representatives of 120 members, who are elected by the people for two years. The sessions are biennial beginning on the first Monday of January in odd years. State elections are held on the Tuesday after the first Monday in November. The President of the Senate and the Speaker of the House each receive $7 a day and milage. Members receive $5 a day and mile- age. The executive officers are elected for a term of four years and are as follows: Governor salary $4,000; Lieutenant Governor, who is President of the Senate, $2,500 ; Secretary of State, $1,000 and fees; Aduitor, $1,250 and fees; Treasurer, $3,000; Superintendent of Public instruction, $1,500; Attorney General, $1,500 and fees. The Governor may grant reprieves and pardon after conviction but he has no veto. The exccutive officers enter upon their duties early in the January following their election. The Governor and Lieutenant Gov- ernor are inelligible for two consecutive terms. The Secretary, Auditor, Treasurer and Superintendent of Public Instruction constitute the council of State which advises the Gov- ernor in the execution of his duties. The judicial power is vested in a Supreme Court con- sisting of a chief and two associate justices, a Superior Court with one Judge in each of the twelve judicial districts into which the State is divided, and courts of Justices of the Peace. The Supreme Court has in general only an appellate jurisdiction; the Superior Courts have general original jurisdiction both civil and criminal, and hear appeals from Justices of the Peace and probate judges: Justices of the Peace have jurisdiction in civil cases where the amount involved does not exceed $200, provided the title of real estate does not come in ques- tion, and of criminal proceedings for minor offences. The clerks of the Superior Courts act in most matters as probate judges. The Judges of the Supreme and Superior Courts are elected by the people for eight years and receive a salary of $2,500. The elective franchise is con- ferred on every male citizen of the Unsted States over 21 years of age who shall have resided in the State one year next preceeding the election, and 90 days in the county in which he offers to vote. A registration of votes is made compulsory. All qualified electors are eligible to office except such as shall deny the being of Almighty God, and those who shall have been convicted of treason, perjury or any other infamous crime since becoming citizens of the United States, or of corruption or malpractice in office. The property of a married woman remains her own free from liability for the debts of her husband, and may be devised and be- queathed by her and with the written consent of her husband conveyed as if she were single. The grounds for divorce are impotence, abandonment and living in adultery, "or any other just cause for divorce." North Carolina has two Senators and nine Representatives in Con- gress and is therefore entitled to 11 votes in the electoral college.
EXECUTIVE AND STATE OFFICERS UNDER THE LORDS PROPRIETORS FROM 1663 TO 1729:
1663 William Drummond,
Henderson Walker,
1667 Samuel Stevens,
1704 Robert Daniel,
1674 Sir George Carteret,
Nath. Johnson,
1677 Sir George Eastchurch.
1683 Seth Sothel,
- Thos. Carey, 1712 Edward Hyde,
1689 Phillip Ludwell,
1712 Geo. Pollock,
1693 Thos. Smith,
1713 Chas. Eden,
1694 Jno. Archdale.
1698 Thos. Harvey,
1724 G. Burrington, 1725 Sir G. Everhard.
GOVERNORS UNDER THE CROWN.
1730 Geo. Burrington, 1734 Gabriel Johnson 1753 Arthur Dobbs,
1753 Matthew Rowan. 1765 William Tyron, 1771 Josiah Martin,
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STATE OF NORTH CAROLINA.
GOVERNORS UNDER THE REPUBLIC.
1776 Richard Caswell. Lenoir.
1779 Abner Nash. Craven.
1781 Thos. Burke. .Orange,
1782 Alexander Martin. Guilford.
1784 Richard Caswell Lenoir.
1787 Samuel Johnson Chowan.
1789 Alexander Martin Guilford.
1792 Rich'd Dobbs Spaight, Sr Craven.
1795 Sam Ash. New Hanover.
1798 Willlam R. Davie. Halifax.
1799 Benj. Williams Moore.
1802 James Turner Warren.
1805 Nath. Alexander
Mecklenburg.
1807 Benj. Williams
Moore.
1808 David Stone.
Bertie.
1810 Benj. Smith
Brunswick.
1811 William Hawkins
Warren.
1814 William Miller
Warren.
1817 Jno. Branch
Halifax.
1820 Jesse Franklin
Surry.
1821 Gabriel Holmes
Sampson.
1824 Hutchins G. Burton
Granville.
1827 James Iredell
Chowan.
1828 John Owen
Bladen,
1830 Montford Stokes.
Wilkes.
1832 David L. Swain. Buncombe.
1835 Rich'd Dobbs Spaight, Jr Craven.
1837 Edward B. Dudley New Hanover.
1841 John M. Morehead.
Guilford.
1845 William A. Graham Orange.
1849 Chas. Manly Wake.
1851 David S. Reid.
Rockingham.
1854 Warren Winslow.
Cumberland.
1855 Thomas Bragg
Northampton.
1859 John W. Ellis
Rowan.
1861 Henry T. Clark
Edgecombe.
1863 Zeb. B. Vance
Buncombe. 66
1865
1865 W. W. Holden Wake.
1866 Jonathan Worth Randolph.
1869 W. W. Holder Wake.
1870 T. R. Caldwell. Burke.
1873 “ 66
1874 Curtis H. Brogden Wayne.
1877 Z. B. Vance.
Mecklenburg.
1878 Thos. J. Jarvis, ex officio ...
Pitt.
1881
1885 Alfred M. Scales
EDUCATION.
The Constitution of North Carolina, adopted in 1776, ordained as a part of the fundamental law that "Schools shall be established for the convenient instruction of youth, with such salaries to the masters. paid by the public, as may enable them to instruct at low prices." As
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STATE OF NORTH CAROLINA.
soon as the resources of the State permitted, this provision of the Constitution was carried into effect. Long before the civil war the system of common schools in this State had attained a full development. A fund of two millions of dollars had been accumulated, the income from which was supplemented by annual appropriations. From 1852 to 1861 our educational pro- gress attracted attention and admiration This fund was engulfed in the war, and the system had to be built up anew from the very foundation.
The provision for State education under the new Constitution of North Carolina, if not equal to that of some other States, is yet liberal. The Constitution sets apart a large extent of land, and appropriates all moneys arising from certain specified sources, for establishing and maintaining free public schools in the several counties of the State. Further, it directs the appropriation of 75 per cent., at least, of the State and county capitation tax to the same purpose. The moneys from these sources form a permanent fund for education which cannot be diverted.
The legislation of the last few years shows a growing sense of this great interest. That of the session of 1881 was a marked advance on any that had gone before. In addition to the provisions specified above, a tax of twelve and a half cents was levied on every hundred dol- lars worth of property and credits, and the tax on the poll was correspondingly increased thirty seven and a half cents in aid of the education fund. The revenue from these sources was reckoned to be fully adequate to keep open the public schools for four months in the year. If the tax thus levied should prove insufficient to maintain one or more schools in each dis- trict for the period named, the county commissioners are required to levy annually a special tax to supply the deficiency. The ages for admission to the public schools range from six to twenty-one years.
The organization provided for administering the common school system is sound and judicious. The Constitution provides a State Board of Education which has full power to legislate in relation to frec public schools, and the educational fund of the State. Its legis- lation is subject, however, to be altered or amended by the General Assembly. A Superin- tendent of Public Instruction presides over and directs the operations of the whole system.
Corresponding to a State Board and State Superintendent, there is a County Board and County Superintendent. The County Board is charged with the general management of the public schools in their respective counties. The County Superintendent examines applicants for positions as teachers, visits and inspects the public schools, advises with teachers as to methods of instruction and government, and he may, under regulations prescribed, suspend teachers if incompetent or negligent : his action in the latter case being subject to review by the County Board.
The County Board of Education of each county has authority to establish a teacher's institute in their county, or the boards of any number of counties may join in establishing one for the several counties so co-operating.
Each county is laid off into school districts, the convenience of each neighborhood being consulted. In each district there is a school committee consisting of three persons. It is the duty of the committee to provide school houses, employ teachers, and give orders for the payment of the sums due for their services, and take at a stated period a census of the chil- dren within the school age.
The compensation provided for teachers of the first grade is left to ihe discretion of the committee ; that of teachers of the second grade is twenty-five dollars a month; that of those of the third grade is fifteen dollars.
The schools for the two races are separate ; the districts the same in territorial limits, or not, according to the convenience of the parties concerned.
The financial arrangements with respect to the school fund give the most absolute security for its safe custody and proper application. It is collected by the sheriff and by him paid to the county treasurer. It is drawn by a written order of the district committee, which order is countersigned by the County Superintendent. The school fund, it will be seen, is handled by none but bonded officers, and paid out under the most effective checks for its proper dis- bursement.
For the purpose of training teachers, and thus giving unity to methods of instruction,
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STATE OF NORTH CAROLINA.
and the greatest efficiency to its practical working, ten Normal Schools are established-five for the white and five for the colored race, and an equal fund is appropriated to the Normal schools for each race. Within the last few years graded schools have been established in all the principal towns of the State, and the number is yearly increasing.
The provision for higher education is ample. Private schools for both sexes are numerous. The principal institutions for the education of boys and girls are of the highest order.
At the head of the institutions of learning is the University of the State, an institution established in pursuance of the Constitution, and maintained in part by annual appropria- tions. Science and learning in their widest range are there taught by professors eminent in their several branches. Second only to the University are the denominational colleges of the State, each having a corps of learned professors and tutors.
RELIGION.
The people of North Carolina are almost entirely Protestant, of various denominations ; but all sects are equally free before the law.
THE PEOPLE OF THE STATE-THEIR CHARACTER.
In all those things which stamp a high moral impress, no people can look back upon the past with more pride than those of North Carolina. From the foundation of the colony, they have always been noted for those traits of character which give the greatest security to the State, to society, and the family. They have always upheld the exercise of constitutional authority ; the social duties they have always appreciated and observed ; and by none have the domestic ties been more prized and cherished. Industry, frugality and social order have marked every stage of their existence. Yet more, reverence for truth-especially revealed truth-and a sacred regard for business engagements have been ingrained in them.
An observer would be at once struck by the homogeneity of the people, and with the agreeable spectacle of two races living in harmony on the same soil and under the same laws. The first is rare in this age of migration, and particularly in this country, but is easily ex- plained by the natural barriers to commerce which excluded variety of pursuits, and made the State essentially an agricultural community. The conservative disposition and tastes which these modes of life nurtured repressed any effort to make known the resources of the State, and to attract settlers. But under the stimulus of our system of railroad transporta- tion which has, in a measure, redressed our natural disadvantages ; the new order of things. brought about by the war, and through the necessity of cultivating smaller farms and the consequent surplus of lands in market, a new spirit has characterized the people and turned a general desire toward imigration.
In regard to the harmony existing between the races, Governor Jarvis in his annual mes- sage to the Legislature, in 1881, said :
"The two races are working together in peace and harmony, with increasing respect for each other. The colored population, I am glad to say, is becoming more industrious and thrifty. Many of them are property owners and tax payers. They seem to be learning the important lesson that they have nothing to rely upon but their own labor. I have tried, on every opportune occasion, to impress this lesson upon them, and to assure them of the sym- pathy and hearty co-operation of the white race in their efforts to make themselves good and useful citizens. They have held during the past two years, in the City of Raleigh, two indus- trial exhibitions, that were exceedingly creditable to them. I attended both of these exhibi- tions and made short addresses, and was glad to see that the efforts of the colored race in this direction found so much favor and encouragement among the whites. I regard it as an imperative duty from which the whites cannot escape, if they would, to see that in all things full and exact justice is done the blacks, and that they are not left alone to work out their own destiny. They are entitled, by many binding considerations, to receive aid and encouragement from the whites, in their efforts to be better men and women, and I have no doubt will receive it."
The events of the past two years have confirmed the justness of this official statement.
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STATE OF NORTH CAROLINA.
The natural increase in our population has been greater than that from natural or foreign sources in most other States, and now ranks it as the fifteenth in the number of its inhabitants in the Union. It increased from 1,071,361 in 1870 to 1,399,750 in 1880, and can now be safely estimated at 1,500,000. Classified by the census according to sex there were in 1880, 687,908 males, and 711,842 females; by race, 868,473 whites, 530,046 colored people, 1230 Indians and Japanese. The aggregate population consisted of 270,994 families, living in 264,305 dwellings. The number of persons to a square mile was 28.81, the number of families 5.58, dwellings 5.44. The number of acres of land to a person 22.21, to a family 114.73. The number of persons 1 a dwelling 5.30 ; to a family 5.17.
The percentage of increase from 1870 to 1880 was 30.06 ; of density of population 8 per cent
Distributed according to topography 421,157 of the population live on the South Atlantic coast: 743,739 on the interior plateaus and table lands, and 233,654 in the mountain district ;. According to the same distribution 203,771 colored people live on the south Atlantic coast: 300,236 on the interior table lands, and 27,270 in the mountain districts.
The population of North Carolina at decennial periods is as follows:
CENSUS.
WHITE.
SLAVES.
FREE COLORED.
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