USA > North Carolina > History of North Carolina: North Carolina since 1860, Volume III > Part 15
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tember 1, 1871. The first of a large number of attempts to relieve Holden of the disability imposed by the judgment of the court of impeachment was unsuccessful.
In 1874 the conservatives again carried the state with large majorities, electing a two-thirds majority in both houses of the legislature, the superintendent of public instruction,
THE SENATE OF 1874
five of the eight judges chosen, seven members of Congress and nine solicitors.
The legislature was chiefly notable for its passage of a bill calling a constitutional convention. Few conservatives had differed as to the need of one, but there was much doubt as to its expediency and widespread fear of Federal interfer- ence. There was also fear that the homestead provision might in some way be eliminated in spite of restrictions. . Party leaders in Washington, through Ransom, advised against it. But the state leaders in the main were determined to have
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one called and after President Grant had assured a member of the legislature that he would not interfere, the bill was passed, largely through the work of William L. Saunders, edi- tor of the Wilmington Journal, who divides with Josiah Turn- er the honor of redeeming the State.
The convention was restricted as follows: The oath re- quired for the members upon organization and the act itself prohibited any interference with the homestead provision, the laborers' and mechanics' lien, the rights of married women, the ratio between poll and property taxes, any provision for compensation for slaves, for paying the war debt, for restor- ing imprisonment for debt, for educational or property quali- fications 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 peo- ple for ratification.
With the passage of the convention bill the conservatives 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 results. 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 Caro- lina was neither dead nor sleeping.
The republicans immediately took a stand against the con- vention. 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. This was opposed by two such notable men as Chief Justice Pearson and Judge Rodman, the latter himself an independent candidate for the convention.
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 conservatives 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 the convention.
Every effort was made to frighten the people into giving a republican majority. The press gave daily assurance that,
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if the conservatives 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 would be made president of the University with a salary of $10,000; that the public schools would be abolished; 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 conservatives injected the negro question into the campaign with considerable effect. The increasing claims of the negroes had attracted unfavorable notice and in several districts almost all of the Federal officers were negroes. In the East there were also many negro county officers.
The conservatives were so certain of success that the rank and file were apathetic. The election was quiet and for many days thereafter the result was in doubt, both sides, alternately claiming a majority. In Robeson County there was a contest. On the day of election William R. Cox, the conservative state chairman had telegraphed "As you love the State hold Rob- eson." There indeed was the pivotal point. The conserva- tive candidates received certificates of election, but the re- publican candidates sued for a mandamus. Judge Settle, be- fore whom the case was argued, ruled himself without juris- diction and the question was left for the convention to settle and its organization was therefore of vital importance to each side.
The final returns showed that the election had been closer than any other in the history of the state, the total vote of conservative candidates being 95,037, while that of the repub- lican candidates was 95,191. The race issue was intensified
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HISTORY OF NORTH CAROLINA
by the fact that the negroes voted solidly against the conven- tion. As a result the conservative policy entered upon a new era which is best described in the following editorial notice :
This paper in the future is in favor of drawing the line between 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 election clearly demonstrates that fact.
The convention met on September 5th. A conservative member, William A. Graham, had died since election and there were present fifty-eight conservatives, the same num- ber of republicans, and three independents. When the dele- gates were sworn in, objections were raised in the case of those from Robeson. Judge Settle, who called the conven- tion to order, then directed them to stand aside, whereupon objection was at once made to six others, five of whom were republicans, and all were made to stand aside. At the close of the roll, however, all were sworn in.
The test of strength came with the election of a presiding officer. The republicans nominated Oliver H. Dockery and the conservatives shrewdly nominated Edward Ransom, for- merly a republican, but at the time an independent with visible leanings toward the conservative party. He declined but was voted for. The other independents divided and there was a deadlock. After thirteen ballots Ransom broke this by voting for himself and was elected. A resolution to adjourn sine die was then defeated by the narrow margin of two votes and throughout the entire session the margin was so close that no conservative dared leave the hall a moment without being paired, for fear the republicans would carry out their plan.
The convention was in session thirty-one days and because of the close division the conservatives were able to make only a few changes, thirty in all out of a much larger number pro- posed. Sixteen were adopted unanimously and only four by a strict party vote. As this unanimity would indicate, the changes were all important. In brief they follow :
In the Bill of. Rights, a new clause authorized the legis-
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lature to forbid the carrying of concealed weapons. Another declared secret political societies dangerous to the liberties of a free people, and that they should not be tolerated.
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 apportion- ment of each house was stricken out. The terms of the mem- bers 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 10 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 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 distribute the judi- cial 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 of- fice 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 felony or infamous crime were debarred.
Other important changes were those giving the General Assembly full power over county government, including jus- tices of the peace, setting aside for the school fund the pro- ceeds from all fines and forfeitures, giving authority to the state government to farm out convicts, providing that a call
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for a constitutional convention must be submitted to the peo- ple, while amendment by the legislature was simplified by a provision that it might be done without the concurrence of the succeeding legislature. Marriage between a white per- son and a negro to the third generation inclusive was pro- hibited, and separate schools for the races were required. It was also provided that none of the amendments adopted should have the effect of vacating any office.
Probably the most important change, judged by results, was that which gave the legislature control of county govern- ment. It caused undoubtedly great injury to the principle of local self-government but it also carried hope and light into the darkness of the black counties.
Constitutional reform secured, the conservatives turned their attention to the state officers and with 1876 came the final redemption of the state after a campaign never equalled in the state in its spirit and vivid interest. The democrats, as the conservatives now frankly called themselves, nominated Vance for governor and Thomas J. Jarvis for lieutenant-gov- ernor. The republicans, encouraged by their gain, as shown in the election of delegates to the convention, prepared for a vigorous campaign. Once more the carpet-baggers were prom- inent in party affairs. This is to be explained, not by their having regained the love of their fellow republicans but by the fact that the party machinery was in the hands of Federal office-holders, where it was to continue for many years, and carpet-baggers were particularly favored by the Federal gov- ernment. As proof of this the following facts are interesting. Two of the internal revenue collectors, ten of the thirty-six deputy collectors, seven of the forty-seven gaugers, nine of the one hundred storekeepers, two of the four registers in bankruptcy, thirteen of the thirty United States commission- ers, one marshal, the postmaster at Wilmington, the post- master at Goldsboro, and the pension agent at Raleigh were carpet-baggers. The republican executive committee in 1876 had a carpet-bagger for chairman and eight of the members were office-holders, most of them in the Federal service, and the other four had recently been so. The presence of the negroes is partially to be explained by a marked race division
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in the party caused in part by a growing 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.
The convention unanimously nominated Thomas Settle, who was Grant's candidate, Oliver H. Dockery, who had been a prominent candidate, having bowed to the inevitable and withdrawn. W. A. Smithi was selected for lieutenant-gov- ernor.
In the campaign the race issue was dominant, the demo- crats finding it an effective reply to the "bloody shirt" wav- ing of the republicans. That it was a real issue as well is indicated by the large number of negroes nominated for office in the East and the control of public affairs already exerted by them there with consequent misgovernment and corrup- tion.
Between Vance and Settle a joint debate was arranged, and together they canvassed a large part of the state, speak- ing in sixty-four counties before they separated to continue the campaign alone. In this latter part each made twelve speeches. It was Vance's first campaign since his enviable record as war governor had been made, and the people poured out in immense throngs to hear him.
Many of Vance's friends feared that he would have a dif- ficult time on the stump with Settle who was an opponent worthy of him in character, ability, and charm of personality. But this was not the case. Settle undoubtedly forced him to put forward the best that was in him and often the reasoning element of Vance's friends were disappointed in his speeches, but there could be no question of his success with the people. As a popular orator and debater there had never been his equal before in North Carolina, and Aycock, since, has alone approached him. Settle was magnetic, eloquent and a power- ful debater, but he was at a disadvantage throughout the campaign on account of Vance's personal popularity, and be- cause a majority of the white people of the state were in- tensely aroused against the republican party. Occasionally there were heated moments, neither losing any opportunity to attempt to put his opponent on the defensive or to make him
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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 bet- ter 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 discussed but national questions were debated at length.
The election was a complete victory for the democrats who elected state and national tickets, every candidate for Con- gress but one, and carried the legislature with a large ma- jority. 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.
CHAPTER XI
REBUILDING THE COMMONWEALTH
The redemption of the state brought relief and delight to the majority of white people in North Carolina. At last they felt decent, effective, responsible government was secure. With the amendments proposed by the convention of 1875 safely ratified, succor could be given the sorely tried East, and peace and prosperity would once more come to the state. Along with this feeling came the determination to prevent at any cost the possibility of a repetition of what the state had endured in the recent past.
The legislature was composed as follows :
Senate
House
Democrats
40
84
Republicans
10
36
Among the republicans were about a dozen negroes and one carpet-bagger, not enough to exert any control even over the action of their helpless minority, but serving nevertheless as a constant warning to the state of what might happen if the democrats grew lax.
Vance was inaugurated amidst the most intense enthusi- asm. His inaugural, which began "There is retribution in history," was an address worthy of him, fine in form, con- tent, and spirit, notable for its pledge to the negroes of free- dom and opportunity, and in all respects progressive and liberal.
The most important work before the legislature was felt to be the carrying out of the party pledge to adopt some new system of county government, and at once the question was taken up and a new law passed. By its provisions, townships were deprived of any corporate powers, the regular county of-
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ficers were still to be chosen by the people, but the magistrates, who were to be chosen by the legislature, were given the power to select the county commissioners. The powers of the lat- ter were also limited by requiring the concurrence of the mag- istrates to many of their more important acts. This assured white government in black counties and this was of course the primary and justifiable reason for its passage. But it also assured democratic control of white counties which were republican, and thus violated every principle of local self- government. It became a sore spot in state politics and after being an important issue for years, played no incon- siderable part in the overthrow of the democratic party.
The next most pressing matter was that of the debt. The holders of the state bonds, particularly those owning bonds issued before the war, were very active during the session of the legislature, urging that some definite action be taken. North Carolinians felt sensitive on the subject and desired some settlement, but there was a fixed resolve not to pay the special tax bonds, and this made it difficult to secure any plan of settlement of the valid debt. A special committee, chosen to report on the debt, recommended that no action be taken at the time, but that a commission be formed to report a plan to the next legislature. Accordingly provision was made for the appointment of a commission consisting of the governor, treasurer, and attorney-general to investigate the situation.
Most of the' important work of the legislature requires no extensive notice. Ransom was re-elected to the Senate over O. H. Dockery. A new and excellent election law was passed. The speedy completion of the Western North Carolina Rail- road was felt to be a necessity and provision was made for the use of convicts on the work. A state guard was author- ized, a state board of health organized, a department of agri- culture, immigration, and statistics established, the last largely supported by the inspection tax on fertilizer sold in the state. In education a new and improved school law was passed and provision was made for normal schools for both races. An insane asylum for negroes was . established at Goldsboro and provision made for the completion of the Vol. III-13
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Western Hospital at Morganton. Confederate pensions were foreshadowed in an act providing for the payment of $50 to every Confederate soldier who had lost his eye-sight in service.
Politically, the chief interest in 1877 lay in the attempts to organize the so-called "Hayes Democracy" in the state through the use of Federal patronage. Democrats of course opposed it and were successful in preserving party solidarity. Republican opinion was divided. They desired of course to weaken the majority, but the giving away to democrats of offices which republicans might fill was another matter. The party was not in good circumstances. Factions still pre- vailed and there was serious friction between the Federal of- fice-holding group and the others aspiring to control, and between carpet-baggers and natives, O. H. Dockery being the leader of the latter group. Throughout his long political ca- reer in North Carolina, although he was a man of high char- acter and excellent ability, he never was strong with his party because he uniformly, sometimes at great personal sacrifice, opposed the machine.
The heaviest burden which the republicans had to carry was the situation in the Western Judicial District in the Fed- eral service. The beginning of political activity of the deputy marshals and revenue officers in the state, notably in the west, was coincident with Reconstruction and lasted without inter- ruption for nearly two decades. No more infamous story dis- graces the history of the state than that of their bribery, corruption, violence, and intimidation. That they had a dif- ficult task is not to be denied. The violation of the revenue laws was constant and often upheld by public sentiment. The sixth collection district of North Carolina embraced all the state west of Salisbury, some thirty-four counties in all. Two- thirds of these were mountainous with poor roads and little opportunity for communication and trade with the outside world. From the time of settlement the people of this region had been in the habit of marketing the larger part of their surplus grain and fruit in the form of distilled liquors, and almost every house had its small still which was used, as a rule, for only a few weeks each year. When at the close of
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the war, the enforcement of the United States internal reve- nue laws began, it worked a great and genuine hardship. Out of contact with the world, the people regarded the laws as a punishment for participation in the war, and the fact that most of the revenue agents were strangers from the North served only to increase this feeling which was strengthened further by the violence and harshness of the officials in the enforcement of the law. Men of the type of Joseph G. Hester, who was a special agent in 1877, violent, vicious, and utterly false and corrupt, set the standards and gave the service its tone.
Among the deputy marshals and revenue officers there finally developed a system of hunting for people to arrest and even manufacturing offenses, since fees and blackmail were both profitable. Deputy marshals carried signed blank warrants and used them at will. Often they were drunk and frequently violent, not only to those accused or suspected of crime, but even to men and women against whom there was not a breath of suspicion. Finally the practice grew so bad that Judge Dick was compelled to issue orders that deputy marshals should not seek processes themselves, but only exe- cute those which were put into their hands. He also ordered that process should issue only upon the application of the collector or of someone who had informed the collector of the violation of the law.
In 1876 amnesty was declared for all offenses against the revenue laws and blockading grew less and licensed distil- leries increased until by 1881 there were fourteen hun- dred in the state, some eight hundred of which were in the Sixth District. The number of agents and other officials increased steadily as did expenses. It was a well recognized fact that fraud was common and that distillers and tobacco manufacturers were often in collusion with revenue officials. These facts, combined with the unceasing political activity of the officials caused the whole system to be bitterly dis- liked in the state. The wide-spread hostility found frequent expression in planks of political platforms and resolutions of the legislature. Of the latter, that of the legislature of 1881 is typical.
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The present system of internal revenue laws is oppressive and in- quisitorial, centralizing in its tendencies and inconsistent with the genius of a free people, legalizing unequal, expensive, and iniquitous taxation, and, as enforced in this state, is a fraud upon the sacred rights of our people and subversive of honest government, prostituted in many instances to a system of political patronage which is odious and outrageous, corrupting public virtue and jeopardizing public liberty, and sustained by intimidation and bribery on the part of rev- enue officials to debauch the elective franchise.
These things would serve of themselves to explain the dislike of the system prevalent in the state. To them, how- ever, was added another serious related question-that of divided jurisdiction in criminal cases. This served to inten- sify feeling in the state and attract the notice of many who were uninterested in matters concerning the internal reve- nue service. At the fall term of Guilford Superior Court in 1876, one Hoskins and two others were indicted for assault and battery. When in March, 1877, they were arrested, they carried the matter to the United States Circuit Court and se- cured a removal on the ground that they were revenue officers and that the acts charged were done under color of their office. When the case was called in the state court, they plead a lack of jurisdiction and Judge Cox upheld them. It was a clear case of assault and battery disconnected with their official duties and the state appealed, but the Supreme Court, properly enough in view of the law, sustained the lower court, Judge Rodman alone dissenting. Judge Reade wrote the opinion, prefacing it with this sneering allusion to the argu- ment of counsel. "There was much discussion before us upon the trite subjects of 'State rights' and 'Federal powers,' which used to divide politicians and statesmen, but we have no pur- pose to ally the Court with either school." The same ques- tion was presented in the Deaver case in Rutherford, where the indictment was for a conspiracy to extort money, and the result in the courts was the same.
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