USA > North Carolina > History of North Carolina: North Carolina since 1860, Volume III > Part 6
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As might have been expected conflict soon arose. The first case was when General Ruger ignored an agreement of General Schofield with Governor Holden and forbade the organization of a county police. Later, trouble arose from the presence of ill-disciplined negro troops at a number of places in the state. From the summer of 1865 until Sep- tember, 1866, they were a serious menace to peace and security, not only from their evil influence upon the freedmen, but also because of their repeated and flagrant crimes, all the perpe- trators of which went unwhipped of justice.
It was, however, in relation to the administration of justice by the civil courts that the chief conflicts arose. They first appeared in cases involving freedmen, in which General Ruger asserted the jurisdiction of the military authorities and de- clined to recognize the civil power. They later appeared in cases affecting white persons alone. The question was carried to the President who declined to interfere, but an agreement was finally reached by which the civil courts had sole juris- of cases affecting white persons and were empowered to bind over for trial and even to lodge in jail persons of color ac- cused of crime. In the final disposition of the latter, as in all other cases involving freedmen, the military power was supreme. But in a number of cases white persons were tried by military commission and the writ of habeas corpus was ignored.
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Nor were such cases the only ones in which military law was applied. Newspaper editors were tried and punished for the publication of sentiments distasteful to the conquerors. Corporal punishment by the civil courts was abolished, civil processes were checked or forbidden, and the collection of revenue stopped. Nor did these things cease with the close of the provisional government, but lasted throughout the period of presidential restoration.
Several times interference occurred in the collection of taxes. The convention of 1865 levied a tax on all mercantile business for that year. In Wilmington, in January, 1866, General Cook, who was then in command, issued an order re- straining the sheriff of New Hanover from collecting the tax from firms trading under a Federal license. This ruling, how- ever, was revoked by General Ruger. In 1866, General J. C. Robinson interfered in the collection of a poll tax in Cumber- land and Columbus counties, ordering the sheriffs to refund all collected above $1, 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 played by the army in North Carolina in civil affairs during the period of presidential restoration. Enough has been shown of the workings of the state govern- ment to make it clear that while by degrees much was left to the state authorities, the government was practically mili- tary in that the state government performed its functions only through the acquiescence of the military commanders. These commanders, in general, showed themselves to be con- siderate and animated by a desire for peace and harmony. But they were naturally inclined to disregard 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 ad- vance 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 communities in which they were sta- tioned.
Probably the most pressing problem which confronted the
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people of the state, short of that of restoration to the Union, was that of the freedmen. Even before hostilities closed, the Federal military authorities were confronted with it and at the close of the war the situation was acute. General Scho- field issued a series of regulations for their government and control which were fair but which had little effect.
To meet the difficulty which was of course a general one, the Freedmen's Bureau was established under the war de- partment in March, 1865. Charged with the duty of looking after the interests of the vast hordes of negroes who were at that time following the Federal armies or who had otherwise become a charge upon the Government, it became one of the most important factors in Reconstruction. 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 is actually accomplished.
At the head of it was General Oliver O. Howard and the assistant commissioners for North Carolina were in turn Colonel Eliphalet Whittlesey, General Thomas H. Ruger, General John C. Robinson, Colonel James V. Bomford, and General Nelson A. Miles. 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 negroes guar- anteed. Other matters coming within his province were the family relations of the freedmen, the settlement 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 respon- sibilities. The assistant commissioner was subject to military rules, but wide jurisdiction was given him in matters of detail.
The relief of the destitute was one of the most important of the activities of the bureau and vast supplies of food, clothing, and medicines were issued to the destitute of both
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races. The food alone, issued in North Carolina, amounted in value to about $1,500,000. Hospitals were established which handled during the period more than forty thousand patients.
Another activity of the bureau was the attempt to settle freedmen upon abandoned lands. This was soon checked, however, by the President's restoration to the owners of most of the land, a thing which prevented much injustice as the agents of the bureau had shown generally an utter disregard for private property.
Far more important in its effects upon the state as a whole than the relief of the destitute was the relationship which was soon established between labor and the bureau. The witness- ing of contracts for labor and their enforcement were under- taken by the bureau with varying results. The proper prepa- ration of contracts was a good thing and a protection to both parties, but in the enforcement of the contracts by subordinate officers the employers were usually treated badly. The trouble here was the main trouble with the bureau; its higher officials were equipped and on the whole good men, while its subor- dinates were narrow and stupid, or designing and vicious per- sons who were busily building up a political machine and, in the furtherance of their nefarious schemes, engaged in arous- ing the negroes against the white people.
To enable the bureau to carry on the enforcement of con- tracts and otherwise to protect the freedmen, it was given a large judicial power and it at once also came into conflict with the courts. Allusion has already been made to the compro- mise effected with the civil authorities. But thousands of cases were settled by the bureau.
During the whole period the bureau was actively engaged in promoting the education of the negroes by the support and foundation of schools. By July, 1869, 431 schools were in operation with 439 teachers and 20,227 pupils.
Summing up its work, it is clear that great relief was fur- nished the destitute and hundreds and probably thousands were kept from starvation. But it undoubtedly encouraged in the freedman a dangerous dependence on the government and thus disorganized labor on which the prosperity of both races depended. In the matter of protection a substantial service
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was rendered by the bureau to the cause of justice to the negroes, but at the same time there was a vast amount of injustice done to white people. Aid of much value in assist- ing the freedmen to find employment was given, but here again, dependence and distrust of the native white people were encouraged.
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.
Gross fraud characterized the management of affairs in North Carolina, a fact which shows the character of the agents. Political activity on the part of agents was very usual and it was of the kind that sought to array race against race. Hostility on the part of the mass of the native whites was to be expected and the feeling was a just one. The bureau had really outlived its usefulness and it was a good thing for both races when it ceased to exist. Certainly there was among white people no regret at its demise and no respect for the departed.
Everyone in the state recognized that action looking to a settlement of the status of the negroes must be taken without delay. It was demanded by considerations of the most vital importance. The position of the free negroes in North Caro- lina 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 decision rendered by Judge Gaston in 1838 the inhabitants of the state were de- clared 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 immediately conferred upon some three hundred thousand 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,
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even in slaves, to prosecute and defend suits in courts of jus- tice, and, as incident to this, to make affidavits for a continu- ance and to prove by their own oaths, even against white per- sons, 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 freed- men, newly endowed with citizenship, would be unprepared for its rights without 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 authorized a commission to be appointed by the provisional governor, 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 negroes and their issue to the fourth generation, even when one par- ent was white in each generation. They were declared en- titled 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 proceedings at law and in equity. The law of apprenticeship was altered so as to apply to both races alike, with the one exception, 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 registration. Marriage be- tween white and colored persons was forbidden, and a penalty provided for issuing license in such cases and for performing the ceremony. All contracts, where one or more of the parties were colored, for property of the value of $10 or more, were
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void, unless put in writing, signed by the parties, and wit- nessed 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 offense 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 criminal 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 intent to commit rape upon a white woman. When the assault was committed by a person of color it was a capital offense; otherwise it was an aggra- vated assault and punishable under the common law by fine and imprisonment. A special court of wardens for the col- ored poor was authorized for each county.
The report met with considerable opposition for there was a general feeling against giving the negroes the right to tes- tify but finally the bill passed. At the same time the com- mission secured the passage of acts providing punishment for a considerable number of offenses, common among the negroes but operating on both races alike.
The system adopted was eminently just and was notable among the so-called "Black Codes." It failed, however, to win the approval of officials of the Freedmen's Bureau who would not surrender their jurisdiction over the freedmen. For this reason the convention, when it reassembled, abolished all discriminations.
The social and economic condition of the freedmen during 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 fre- quently made by a change of name, residence, employment, and wife. Town life, with its excitement, furnished an almost irresistible attraction, and only the presence of troops was necessary to render it completely so. Freedom, in their minds, meant freedom not only from slavery but from work, with a continuation of their former freedom from responsi-
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bility. 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 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 bring- ing the offenders to justice.
To add to the difficulty of settling the problem of the ne- gro, outside influences were brought to bear. Petitions to the President were circulated asking for equal political privi- leges with the white people. Series of meetings were held at various towns and later a convention met in Raleigh at which appeared some of the negroes who were to become prominent later, notably J. W. Hood, a carpet-bagger from Connecticut, and James H. Harris and A. H. Galloway, na- tives who had been educated in the North. These leaders were looking to suffrage but the time was not regarded as ripe and they contented themselves with a well-written request to the constitutional convention for protection and education.
The question of negro suffrage was already under discus- sion. Alfred M. Waddell, of Wilmington, in August, 1865, in a speech to the negroes, advocated it for those qualified. The Sentinel, a little later, while opposed, opened its columns to a strong series of unsigned articles written by Victor C. Barringer in advocacy of negro suffrage. The interesting fact in connection with the discussion was the absence of strong feeling. Of opposition there was a great deal, but so conservative a man as D. L. Swain favored restricted suf- frage for the lower house for the freedmen under certain cir- cumstances. The only bitterness of opposition came from the Standard, again edited by Holden, and the group of men who,
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now favoring very severe restrictions upon the freedmen, were later, under the leadership of Holden, to organize in North Carolina the republican party upon the foundation of unrestricted negro suffrage.
Upon the inauguration of Governor Worth, Holden, as has been said, resumed editorial control of the Standard which soon became an opposition paper, not only as regarded state politics, but in national matters as well. In the spring of 1866 abuse of the radicals had ceased and by the summer Holden was definitely aligned with them in opposition to the President's policy. In state affairs he was increasingly bit- ter, asserting that traitors were in control of the government and declaring open war upon them.
About this time the convention met in adjourned session and undertook to revise the constitution, in spite of the oppo- sition of a considerable number of members who doubted its authority for such work. In June the work was completed and the new constitution was submitted for ratification. It was in form and arrangement largely the work of B. F. Moore. It was a more compact instrument than the original and had several changes of importance. The basis of representation for the House of Commons was changed to white population, the office of lieutenant-governor was established, and the quali- fications for office-holding were somewhat altered. No one could be governor or lieutenant-governor unless he had been for twenty years a citizen of the United States and five years a resident of the state, and possessed land in fee to the value of $2,000. The freehold qualification of senators and members of the House of Commons were changed and five years' resi- dence was required. Suffrage and office-holding were limited to white persons.
There was but little opposition to the constitution itself and it would doubtless have been ratified but for the feeling that the convention was lacking in authority to alter the fun- damental law in a general way. A letter, written by Judge Ruffin to Edward Conigland and published without signature, which strongly emphasized this point turned the tide against ratification and it was rejected by a majority of less than two thousand.
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In June, Governor Worth, who had favored ratification, announced himself a candidate for re-election. Holden knew that he could not himself win, but he was determined on a contest in order to maintain the lines of party cleavage. Al- ready there were developing within the state the beginnings of party division. The supporters of the President sent dele- gates to the National Union convention in Philadelphia in August, and in the Southern Unionist convention which met in the same place two weeks later there was a considerable body of men who claimed North Carolina as home although only two were natives. One of these had left the state in 1842. Four were of the type soon to be known as carpet-baggers, including Albion W. Tourgee and Byron Laflin who were to win imperishable notoriety by their later leadership in evil. The former was particularly active in the convention and was vehement in his demand for negro suffrage.
With the meeting of this convention stimulus was found for action at home by the opponents of the President's pol- icy. Inspired by Northern men preliminary local meetings were held and a state convention met in Raleigh in September which endorsed the proposed Fourteenth Amendment, cen- sured the Worth administration, declared that only the un- mistakably loyal should hold office in North Carolina, and nominated Alfred Dockery for governor. Holden addressed the body in favor of the congressional plan but still opposed negro suffrage. Here began, in fact but not in name, the republican party in North Carolina.
Dockery declined the nomination while expressing sym- pathy with the views of the convention, but Holden advised the opposition to vote for him regardless of his wishes. In a spiritless campaign in which the Fourteenth Amendment was the only important issue Worth was elected by a large majority.
Like its predecessor, the legislature was composed largely of old whigs. It displaced John Pool as United States sen- ator-elect, because of his public declaration that he had sought and accepted office during the war only in order to injure the Confederate cause, and elected Judge M. E. Manly in his place. Holden now openly opposed the Fourteenth Amend-
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Eng 2 by G E Perine N. York
O. H. DOCKERY
ALFRED DOCKERY
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ment as not sufficiently stringent against traitors and went to Washington to urge further action by Congress.
The committee, appointed to consider the amendment, re- ported with only one dissenting vote against ratification, on the ground that a large number of unrelated questions were submitted together, without any opportunity of choice be- tween them, and that it was submitted in an unconstitutional manner since eleven Southern states were denied representa- tion in Congress. The first section was opposed because it was so vague in regard to the "privileges and immunities of citizens of the United States" that the right of a state to regulate its own internal affairs might be destroyed. The objection to the second section was that it impaired the right of the individual states to regulate the suffrage and that it would be the pretext of constant intermeddling by the Federal courts in state affairs. The principle of the new basis of representation was attacked as was the penalty for restric- tion of the suffrage as inconsistent with the theory of the political system of the United States. The third section was opposed as an unfair attempt to punish a particular class of Southern men in whom the people had confidence. The fourth section was declared unnecessary and the fifth section was de- nounced as opening the way for unlimited congressional in- terference. Finally, the committee asked what guarantee the state had, even if the amendment was ratified, that nothing more would be required.
The report represented very fairly opinion in the state and it was adopted with two dissenting votes in the Senate and fifteen in the House. The resolution of rejection was then adopted with one dissenting vote in the Senate and ten in the House.
Immediately a number of the opposition went to Wash- ington to join Holden and Pool who were in conference with the radical leaders. At the request of these North Caro- linians, Thaddeus Stevens introduced on December 13th, a bill for the reconstruction of North Carolina which had been prepared by them, and which, after reciting the facts of seces- sion, war, and presidential restoration in a biased fashion, and after calling attention to the duty of Congress to preserve Vol. III-6
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a republican form of government, provided that on May 20, 1867, a convention of loyal citizens of the "district formerly comprising the State of North Carolina" should meet in Raleigh to prepare a constitution which after ratification should be submitted to Congress for approval. All who could read or write or who owned $100 worth of real estate could vote and no person who had formerly had the right to vote could be disfranchised. An "iron-clad" oath which would have excluded all persons who had been loyal to the Confeder- ate cause was provided for office-holders. This bill was re- ferred and died in committee. The proposed oath was later offered by Stevens as a prerequisite for voting.
In the meantime the state administration was not idle. A commission was appointed to go to Washington to investi- gate the situation. At first hopeful they soon saw that Con- gress would win and with Governor Orr, of South Carolina, Governor Parsons, of Alabama, Governor Marvin, of Florida, Judge James of Arkansas, and some of the members of Con- gress, they prepared a compromise in the form of an amend- ment to replace the one already proposed. It added a sec- tion declaring the Union perpetual, dropped the one imposing disabilities, retained the connection of apportionment of rep- resentation and suffrage, and limited the power of the states to impose property and intelligence qualifications. A part of the plan was an amendment to each state constitution, ex- tending the franchise.
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