USA > North Carolina > History of North Carolina: North Carolina since 1860, Volume III > Part 7
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The plan excited no enthusiasm in North Carolina. It probably would have passed but for the feeling that it was impossible to do anything but save self-respect. A bill calling a constitutional convention was passed but lacked the required majority. A resolution proposing a national constitutional convention passed with opposition from the extreme radicals. The debates were stormy, and while the radicals were in a mi- nority they could cause infinite trouble. They had traveled rapidly an interesting but circuitous path. First the supporters of the President, they had lauded him to the skies, praised his policy, and denounced the radicals in Congress. They had bitterly opposed, not only negro suffrage but every attempt to recognize the citizenship of the negro, and to give him
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ordinary civil rights, such as the right to sue in the courts or even to allow him to testify in his own behalf. Ousted from control of state affairs, they had held the ear of the Presi- dent for a time, but had finally come to oppose him and all he stood for and to favor Congress and finally to accept the Fourteenth Amendment. They now took the last step. On December 26, 1866, Holden wrote the Albany Evening Jour- nal, taking strong ground for negro suffrage and saying, in conclusion, "The rebel leaders, who are controlling these States, are totally regardless of political duty, and totally bent on mischief. You must govern them, or they will at last again govern you." And on January 1, 1867, at a meeting of the negroes in the African Church in Raleigh, he declared himself in favor of unqualified negro suffrage, and introduced a resolution requesting Congress to reorganize the state gov- ernment on the basis of "loyal white and black suffrage." For the future, or as long as he was in political life, he pro- moted negro suffrage as violently as he had opposed it in the past. He at once commenced the preparation of petitions to Congress praying that negro suffrage might be established, and circulated them among both black and white.
Beginning now, with the new year, there followed a cam- paign based, as similar ones before, on the supposed alarm- ing conditions in the state. The life and property of all Union men were declared in extreme danger, unless Congress should interfere at once in their behalf. Those conducting the campaign hinted at severe measures, and Holden said that he regretted that the property of about five hundred per- sons in each state had not been confiscated, and that eight or ten of the leaders in each state had not been executed. Later he said that confiscation was a possibility, and even a proba- bility. Already many of his followers were demanding it in the hope that they would profit thereby.
The whole state was excited and uneasy. Doubt as to the outcome of the struggle between the President and Con- gress had almost entirely disappeared, and the only question was how far Congress would go in the destruction of the in- stitutions of the Southern state. In the West, A. H. Jones was leading in an effort to secure from Congress the division
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of the state, so that the Union men of that section could pro- tect themselves from the "rebels" of the East. In this tur- moil and excitement, the news came of the passage of the reconstruction acts and the establishment of the military gov- ernment.
CHAPTER VI
CONGRESSIONAL RECONSTRUCTION
The experiment, if it be so called, of restoration on the plan laid down by the President, lacked, from the standpoint of the individual states concerned, but one thing to be suc- cessful. Within these states the various departments of gov- ernment, when free from outside interference, exercised their normal functions apparently in the manner prescribed by law and custom. But the relations of these states to the United States were abnormal by reason of the refusal of Congress to receive their representatives. Recognition of the existing state governments by the legislative branch of the general government was utterly lacking.
There were many things which, united, caused the exis- tence of this condition of affairs. Congress, before the close of hostilities, had clearly shown and expressed the opinion . that the matter of the reconstruction of the seceded states was a problem the solution of which properly belonged to Con- gress. The reason of this, beyond jealousy for the preroga- tives of the legislative branch of the Government, encroached upon by the executive branch during the war, was largely the difference which appeared between the view of the results of the war held by the majority of the members and that held by the President, particularly as related to the status of the seceded states and the treatment of the freedmen. This dif- ference increased after the death of President Lincoln and the succession of President Johnson. A combination of sen- timentalism and of solicitude for the future welfare of the republican party caused the radical element of that party to demand that the suffrage should be extended to the lately emancipated slaves. This demand formed a basis of opposi- tion to the President. At first the many differences of opin-
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ion in the party and a desire to avoid an open rupture with the President made a policy of waiting advisable, if not ac- tually necessary. In this period of delay a consolidation of opinion took place which enabled the radicals to cope with the President successfully when the occasion arose.
In pursuance of this policy of delay, a resolution was passed providing for a joint committee of both houses on the condition of the states lately in insurrection. The committee was chosen, and to it were referred all matters relating to the states in question. When, at the opening of Congress, the delegations from the Southern states presented themselves, as has been seen, no action was taken at first, and finally a resolution, introduced by Thaddeus Stevens, was passed by both houses, forbidding the admission of members from any of the eleven Southern states until Congress should formally have declared such a state entitled to representation. During the period which elapsed before the Reconstruction commit- tee reported finally, many individual bills were reported by it and considered in Congress. Through this discussion the policy of Congress was finally outlined and developed. In the meantime, an investigation was being made by the com- mittee of the condition of affairs in the South.
Prior to this, investigations into Southern conditions had already been made. General Grant in November, 1865, after visiting Virginia, the Carolinas, and Georgia, submitted to the President a most favorable report upon the conditions existent and the feeling of the people. Slavery and the right of secession he said were accepted in good faith as matters of the past and he thought the people ready to do anything hon- orable in order to return to self-government in the Union. B. C. Truman and Carl Schurz also made tours of investiga- tion but neither reached North Carolina. Truman's views coincided with those of General Grant while Schurz, who really came South to verify a set of preconceived and iron- clad ideas and to gather radical material, was able to his own satisfaction to accomplish both objects.
The radicals were not content with these reports, none of which, not even that of Schurz, contained the sort of informa- tion they desired as an indictment of the South and the presi-
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dential policy. Sub-committees of the Reconstruction com- mittee were appointed to take evidence, witnesses being sum- moned from every Southern state. Twelve witnesses were examined for North Carolina. Only one of these was a native though two others had lived in the state prior to the war. Eight had been officers in the Union army and six of these were bureau agents. The other was a Northern war corre- spondent. Most of the testimony painted a dark picture of conditions, agreeing as to the widespread hostility to the freedmen, the United States Government, and all Northern men. The testimony of Maj. H. C. Lawrence, a republican and an agent of the bureau, was in complete opposition to this and he gave the people a hearty endorsement. Such was the general character of the testimony. It had little or no effect upon the committee or upon their conclusions, nor indeed was it intended to have.
The committee made its report in June, 1866. The ma- jority report declared that the seceded states at the close of hostilities had been in a state of complete anarchy, without governments or the power to form them except by permis- sion of the victors. The plan of restoration adopted by the President was approved as a temporary military expedient for preserving order. The President's recommendation to Congress that these states should be admitted to representa- tion was declared to have been based on incomplete evidence. When he made it, he had not withdrawn the military forces or restored the privilege of the writ of habeas corpus, and he still exercised over the people of these states military pow- er and jurisdiction. Moreover, the report alleged, in all the seceded states, except perhaps Arkansas and Tennessee, the elections for state officers and members of Congress "had re- sulted almost universally in the defeat of candidates who had been true to the Union, and in the election of notorious and unpardoned rebels who could not take the prescribed oath and made no secret of their hostility to the Government and peo- ple of the United States."
From the evidence which it had secured, the committee was convinced that devotion to the Confederacy and its lead- ers was still existent, and republican government endangered
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by a "spirit of oligarchy" based on slavery. The final opinion of the committee was that the states lately in rebellion had become, through war, disorganized communities; that Con- gress could not be expected to recognize as valid the election of representatives from these communities, nor would it be justified in admitting the respective communities to partici- pation in government "without first providing such consti- tutional or other guarantees as will tend to secure the civil rights of all citizens of the republic; a just apportionment of representation; protection against claims founded in rebel- lion and crime; a temporary restoration of the right of suf- frage to those who have not actively participated in the efforts to destroy the Union and overthrow the government, and the exclusion from positions of public trust of at least a portion of those whose crimes have proved them to be enemies of the Union and unworthy of public confidence."
As has been seen, the Fourteenth Amendment was deci- sively rejected by North Carolina. It met the same fate in all the other Southern states except Tennessee and when Con- gress met it was evident that with the refusal of ratification as a pretext some more radical plan would be tried. By Feb- ruary, 1867, it had become a determined fact that the state governments, as organized by the President, should be super- seded by others organized under military authority; that the political leaders of the Southern states should be disqualified from taking part in the reorganization of the governments; and that the right of suffrage should be extended to the negro by national legislation, in utter defiance of the constitutional right of the individual states in the matter. In pursuance of this determination, the act of March 2, 1867, "to provide for a more efficient government of the rebel States" was passed. It was vetoed by the President, but was passed over the veto on the same day. Declaring in the preamble that no legal state governments or adequate protection for life or property existed in the ten "rebel" states, the act provided that these states should be divided into five military districts, each under an officer of the army of not lower rank than brigadier- general, and made subject to the military authority of the United States. North Carolina and South Carolina formed
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the second district. The commander of each district was re- quired to protect all persons in their rights and to suppress insurrection, disorder, and violence. In the punishment of offenders, he was authorized to allow the civil tribunals to take jurisdiction, or if he deemed it necessary, to organize military commissions for the purpose. All interference with such tribunals by the state authorities was declared void and of no effect. It was further provided that the people of any of the said states should be entitled to representation when- ever they should have framed and ratified a constitution in conformity with the Constitution of the United States. This constitution must be framed by a convention elected by the male citizens of the state, regardless of race, color, or pre- vious condition, with the exception of those disfranchised for participation in rebellion or for felony. Those persons on whom disabilities would be imposed by the proposed Four- teenth Amendment were disqualified from holding a seat in the convention and from voting for delegates. The constitu- tion thus framed, and containing the provision that all per- sons whom the act of Congress made electors should retain the electoral franchise, must then be approved by Congress. Whenever representatives should be admitted, the portion of the act establishing military governments would become inoperative so far as concerned the state in question. Until the completion of this reconstruction, the existing civil gov- ernments were declared provisional and liable at any time to modification or abolition.
On March 23d, a supplementary act was passed. The original act left the whole matter of the initiation of recon- struction very indefinite. The supplementary act provided that the district commanders should cause a registration to be made of all male citizens who could take a required oath as to their qualifications as electors. The election of dele- gates to a convention should then be held by the commanders. For the sake of giving at least an appearance of following the will of the people, the act provided that the question of holding the convention should be submitted to them at the same time. Unless a majority of the registered voters took part in the election and a majority in favor of holding the
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convention resulted, no convention should be held. Provision was made for boards of election composed only of those who could take the "iron-clad" oath. Finally it was provided that a majority of those registered must take part in the voting on the ratification of the constitution in order to make it valid. This act was also vetoed by President Johnson and promptly repassed by the required majorities.
In July, Congress met again. In the meantime Attorney- General Stanbery had sent to the President an interpretation of the act, which closely restricted the power of the military commanders. At once another supplementary act was passed, as an authoritative interpretation of the former acts. It gave the commanders full power to make any removals from office that they might see fit, and authorized the boards of registra- tion to go behind the oath of an applicant for registration whenever it seemed to them necessary. District commanders, the boards of registration, and all officers acting under either were relieved from the necessity of acting in accordance with the opinion of any civil officer of the United States. The executive and judicial officers referred to in the imposition of disabilities were declared to include the holders of all civil offices created by law for the administration of justice or for the administration of any general law of a state. An exten- sion of time for registration was authorized, and also a re- vision of the lists of registered voters before the election. This act, as was now the customary thing, had to be passed over the President's veto.
Such was the most important legislation enacted for the restoration of the South. Questions of precedent and of con- stitutional law were alike disregarded in their passage, and justification found for all. A discussion of their constitu- tionality, however, is not a part of this study. It is sufficient to say that the laws were effective.
Within the state the debates in Congress caused the utmost dismay. Acting under the authority of the council of state, Governor Worth sought to find a way of testing the consti- tutionality of the reconstruction acts. Judge Ruffin and Judge Benjamin R. Curtis of Massachusetts, however, advised against the plan as useless and, deciding against the plan, the
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governor and council finally urged the people to register, send as good men as possible to the convention, and decide later if the resulting constitution should be ratified or re- jected.
The first reconstruction act was at once declared in force in North Carolina and General Daniel E. Sickles was assigned
&, by Br
GENERAL DANIEL E. SICKLES
to command of the second district with headquarters in South Carolina. He was not unknown in the state, for he had been in command of the department of which North Carolina formed a part, and had been rather popular than otherwise. Consequently lis assignment was received with as much sat- isfaction as could be expected under the circumstances. As a matter of fact, opposition to the enforcement of the recon- struction act was apparently dead. It had been violent until
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the passage of the act, and then there seemed to be a general acquiescence if not agreement. But it was only resignation. No one can believe that anything approaching a majority of the white people of the state, favored the destruction of the existing state government. But power to resist was lacking, and apathy succeeded protestation. The supplementary act was really received with joy by the conservative element. This feeling was caused by the effect it had upon the plans of the radicals in the state. Immediately after the passage of the first reconstruction act, the "loyal" members of the legislature, which was then in session, acting under the influ- ence of Holden, issued a call for a meeting of "loyal" citizens to devise a plan for calling a convention of the people. The primary meeting was held and a committee appointed to de- vise and carry out a plan for organization. By comparison with what this meant, military government seemed to the con- servatives far preferable.
General Sickles immediately upon assuming command is- sued an order declaring the civil government provisional and continuing it with full authority. He asked the co-operation and assistance of all and evidently desired as little change as possible. General criminal jurisdiction for example remained with the civil courts. He and Governor Worth were in con- stant conference and his policy was greatly influenced thereby.
In April, General Sickles, largely guided by conditions in South Carolina, issued his famous "General Order, No. 10," which prohibited impressment for debt unless accompanied by fraud and which forbade the enforcement of judgments and executions on causes of action arising after secession and prior to the end of the war, and which stayed for a year those arising prior to secession. A homestead exemption of $500 was provided and wages for labor were made a lien upon crops. Corporal punishment was forbidden. The order ac- complished some good and probably more evil and led in time to an absurd state of affairs which will be described later. While his power of removal was but little employed, General Sickles kept a very close supervision over the actions of civil officers and by general orders greatly modified exist- ing laws. For instance, the distillation of grain was forbid-
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den, license to sell liquor was restricted, and discrimination between the races in public conveyances was prohibited. As an inevitable result, interference with the state courts fol- lowed, taking the form first of orders that negroes be allowed to serve on the juries, which was quietly acquiesced in by the judges, but extending later to serious interference with the action of the courts. In several cases military officers inter- fered to free notorious criminals from punishment and even to alter court records. Finally, Judge Merrimon resigned. Later on, during General Canby's administration, the same methods still being followed, Judge Fowle resigned.
Nor were state courts alone liable to military interference. In June, 1867, the first session of the Circuit Court of the United States to be held in the South since the close of the war was opened at Raleigh, with Chief Justice Chase pre- siding. In opening the court the chief justice said that while military authority was still exercised, it was not in its power to control the judicial authority, state or national. The mili- tary commander held a different view. When the marshal attempted to sell under execution some property in Wilming- ton to satisfy a debt owed outside the state, the post com-
mander, acting under the authority of General Order No. 10, stopped the sale and was sustained by General Sickles. The matter was referred to the President who sustained the court and suspended General Sickles's order so far as it applied to proceedings of the Federal courts. This left a strange situation of affairs in which a foreign creditor could obtain relief denied to creditors within the state. General Sickles protested in an insubordinate letter and the at- torney-general had taken steps for his criminal indictment when on August 26th, the President removed him and as- signed General E. R. S. Canby to succeed him.
The administration of General Sickles was as popular in the state as such a military administration could have been. He showed, it is true, complete contempt for constitutional and legal restrictions, but he was strongly desirous of better- ing economic conditions and was ready to take advice from those in whom the majority of white people had confidence, and he frequently and voluntarily bore witness in favor of
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the state. He believed in general amnesty, was in sympathy with the disfranchised and thus won the enmity of the radical leaders whom he had uniformly ignored.
General Canby's assumption of command brought at first few changes in policy. Later his administration was char- acterized by more frequent and greater interference with civil affairs. The courts were practically overthrown and crime increased to such an alarming extent that in April, 1868, a provost court with jurisdiction over almost half the state was established in Raleigh. His removals from office also caused criticism. The military force in the state during the whole period was small, less than a thousand men being dis- tributed among ten posts.
During the administration of General Sickles, the order for a general registration was published with the provision that it should begin in July. At once the work of organizing the registration boards for the nearly two hundred districts began. To the great disgust of the radicals, Governor Worth was asked to recommend suitable persons for the positions. Only those who could take the iron-clad oath could serve and as few native whites could take it, he had to find the men from former Union soldiers for the majority of the places. A few negroes were recommended, but none from the Union League which was already winning an unwholesome reputation. Gen- eral Nelson A. Miles had already ordered bureau agents to select one colored member, a native white, and an army officer or bureau agent for each election district.
Everything was ready when General Sickles, thinking it best to wait for Congress to decide who could vote, and, with his usual regard for the welfare of the people, wishing the crops to be laid by, postponed indefinitely the beginning of registration. But on August 1st, the rules were published and post commanders given full supervision of their districts. A little later Sickles was removed, but under Canby the work was carried to a conclusion. Finally, on October 18th, he de- clared registration completed, and issued the order for an election to be held on November 19th and 20th. The usual regulations for the conduct of an election were made. Sher- iffs and other peace officers were ordered to be in attendance ;
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soldiers were forbidden to approach the polls except as quali- fied voters; all saloons were ordered to be closed, and mem- bers of the boards of registration, who were also candidates for the convention, were forbidden to serve as judges of elec- tion in their respective counties. The "iron-clad" oath was required, which excluded most native whites from service as election officials.
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