USA > North Carolina > History of North Carolina: North Carolina since 1860, Volume III > Part 8
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In the latter part of October, the decisions of the general board of rules and regulations in regard to grounds of chal- lenge were revised. The circular shows the interpretation of General Canby as to disqualification for registration. The decision of General Sickles that, in case entering the service of the Confederacy or giving aid and comfort to its adher- ents had been involuntary, no disqualification existed, had al- ready been published. Under the interpretation of General Canby the holding of only certain specified offices prior to the war constituted a disqualification. Among them were the following: sheriff, county clerk, member of the legislature, justice of the peace, school commissioner, tax collector, con- stable, postmaster, and marshal. But no disqualification was caused by having held any of the following positions: deputy sheriff, deputy marshal, assistant postmaster, clerk of the state senate, keeper of a lighthouse, or notary public.
As to the question of what constituted aid to the Confed- eracy, it was held, among other things, that investment in- Confederate bonds, collecting supplies for the Confederacy, making speeches in support of the war, and holding a mail contract or any civil or military office were acts that carried disqualification. But making charitable contributions or be- ing a candidate for office did not constitute aid and comfort in the disqualifying sense. Hiring out horses to the Confed- eracy was disloyalty, but hiring them to Confederate soldiers was not.
The result of the registration was as follows:
Whites
106,721
Blacks 72,932
Total
179,653
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Nineteen counties had negro majorities, and in several others the white majority was less than a hundred. No defi- nite idea can be formed of the number disqualified on account of disabilities imposed by the reconstruction acts. The regis- tration of 1868, when the disabilities did not have the effect of disfranchisement, showed a gain of 17,220. But many who were qualified did not register in 1867 and did so in 1868.
Many accusations of fraud were made but there were no open outbreaks of disorder. Many negroes not of age regis- tered, and in many cases qualified white men were denied. But on the whole the registration was as fair as it was ever intended to be or as it could be under the system employed.
As regards the qualification of the new electorate for the exercise of the franchise, the primary fact naturally was the dense ignorance among the negroes. Many of them, more- over, were vicious and idle, but probably not in so great a proportion as during the years immediately following. Cer- tainly they were not so vicious. From the nature of things, also, they were able to bear a very small part of the burdens of citizenship and paid a very small part of the taxes.
During this period bitterness increased and conditions grew steadily worse. The workings of the reconstruction acts made them increasingly unpopular. Canby's name became associated in the minds of many with the conditions which prevailed and is execrated to this day. He was personally disliked also by those with whom he came in contact, not a large number, however, since he did not enter North Caro- lina until January, 1868.
On March 27, 1867, in response to a call issued by a com- mittee appointed by the minority members of the legisla- ture, a convention assembled in Raleigh composed of dele- gates, black as well as white, from fifty-six counties. In ori- gin and membership it represented the opposition to the Worth administration in the state and that of President John- son in the United States. Upon their assembling Robert P. Dick proposed that they proceed to the organization of the republican party in North Carolina. This was the declared intention of many present and excited no surprise but met in- stant and vehement opposition from Daniel R. Goodloe, the
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HISTORY OF NORTH CAROLINA
only native present clear of any adherence to the Confederacy, an abolitionist and a republican since the founding of the party, and from B. S. Hedrick, both of whom deplored the certain loss of support of many desirable citizens who would not join the republican party. But such arguments were un- availing and the name was adopted. The meeting was chiefly notable for the prominence accorded the colored delegates and the manifest delight of the white delegates at their pres- ence. So marked was this that it was clear that the "loyal" white people were willing to unite with the negroes on terms. of absolute equality. Resolutions were adopted accepting re- publican doctrine and calling a state convention of the party.
As was to be expected, the convention received its full share of abuse. Its members were given titles that were hardly relished by them, such as "Holdenites" and "Holden miscegenationists." The claim of the newly-organized party to a monopoly of loyalty seemed worse than absurd to the conservatives, and the leaders of the party were all distrusted by their opponents on account of their former records. Nor was the name of the party more popular in North Carolina than in the other Southern states. In this expressed dislike of the republican party, the former whigs were leaders. The democrats, who had formerly been most bitterly hostile to the party, were not at all prominent in political affairs just now. As has been seen, the state administration was in the hands of former whigs who had opposed secession until the call for troops, and some, like Jonathan Worth and Josiah Turner, until the passage of the secession ordinance. Those who had originally favored secession were in almost every instance in political retirement. With most of them this re- tirement was voluntary. They were fully conscious of de- feat and ready to accept the decision and final settlement of the questions involved in the late struggle, and they did not care at this time to take any active part in politics. Most of them were convinced that things were in general out of joint, and their most acute sensation was one of regret at the fail- ure of the Confederate cause. To arouse them from this con- dition of mind, a change of conditions was necessary. This was accomplished by the enforcement of the reconstruction Vol. III-7
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acts. In 1865 and later, the democratic party seemed dead forever in North Carolina, but the organization of the repub- lican party in the state under the leadership of W. W. Holden, R. P. Dick, and Thomas Settle, three former democrats, and the first-mentioned the father of the secession movement in North Carolina, began its resuscitation.
There were immediate manifestations of feeling directed against the leaders of the new party, particularly against Holden who retaliated with threats of sweeping confiscation, a policy to which he was now inclined. But there was no or- ganized opposition as yet and no prospect of any important opposition to the reconstruction acts.
The organization of the republican party was carried out in every county. Prominent Northern republicans came South to assist in this. Secret political societies were the chief agency, the Heroes of America among the whites and the Union League among the negroes. This latter body made every attempt to divide the negro vote a complete failure. A word as to its nature will explain this.
Organized in the North in 1862, it spread widely, and when it became evident that the negroes in the South would be enfranchised, the organization was immediately extended among them, chiefly by bureau agents and other politically ambitious Northern men who saw that something must be done to control the ignorant negroes, to bind them to their benefactors by something which would appeal to their pride and to their emotions. The league was admirably adapted for this. Through the effect of its ritual and methods upon the ignorant and emotional negro and through the discipline of its organization, it furnished an ideal instrument. It was for this reason the chosen agency of the carpet-baggers to carry out the political work begun by the bureau and it thus became the second handmaid of radicalism in the reconstruc- tion of the state. Introduced by carpet-baggers, it was, for the entire period of its existence in North Carolina, controlled by them, chiefly for their own aggrandizement, and for that reason alone would have won the undying hatred of the native white population. In its development, however, it gave addi- tional and abundant evidence of its entire unworthiness, and
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its very name has remained a symbol of all that was evil in Reconstruction.
Beginning in 1866, by April, 1867, the state was organized and almost every negro who could vote was a member. Those who would not join were not only exposed to ostracism but also in most cases to violence as well. Although there was nothing in the rules or ritual of the league which was ob- jectionable, the meetings, under the influence of evil and de- signing leaders became the hot-beds of violence and crime. Labor was disbanded by it, larceny, assault, riot, arson, mur- der, and rape were the products of the society and it thus be- came associated in the minds of the whole people with all that was evil and the Ku Klux movement was the logical re- sult. Politically speaking, the league was temporarily suc- cessful. It organized the negroes and bound them to the republican party, lifted the carpet-baggers into positions of profit and apparently stifled opposition. Never was a political plan carried out with greater temporary success, for never were the members of a political organization so unfitted through ignorance for the privilege of suffrage, and there- fore, unmoved by argument, they were as easily handled as so many sheep. But it furnished a basis of opposition for the white people and out of the league to a large extent grew the Solid South. During the existence of the republican régime, the members of the league were practically immune from punishment by the courts. Finally counter organ- ization followed, equally beyond the law but intended to preserve public order. A retaliation so violent, and a retri- bution so swift came that in a very short time after the ap- pearance of the Ku Klux, the activities of the league became beautifully less, and it vanished altogether by the end of 1870.
In the summer a cleavage among the republicans appeared. The radical element wanted confiscation and the proscription of political opponents. Holden was a representative of this sentiment which was preached to the negroes. D. R. Goodloe, now an editor, led the opposing faction. When the conven- tion met in September, the question came up. It met with so much favor, particularly among the negroes, that the matter was left unsettled by the convention for congressional action.
To all whom it may Concern :
Know me, By this Commining dans by virtue of the
me hosty constitute and appoint Az att Cullai Alanene . is defunny member of the Grand State Council, and confer upon him futt authority to initiate fürfuer porrens into the secrets of the '. I. of 3 ... and indult Offices of I cumits within and for the fate of Math . Caroles : " superman and instant the same, and Is & auch this and further acts as may be moussery for the advancement and good. if the . League and in accordance with its Lars and Regulations beaty aquiing, this ' Spand' transit off of his drings by return of this dispensation. . Given under our hands and the bit of the Grand State Council. " the ' day of . Butright . " I'M . this
day ./ 1. Mr. M. Holden
Ur. President.
:
Ør. According secretary.
UNION LEAGUE COMMISSION TO WYATT OUTLAW, SIGNED BY WILLIAM W. HOLDEN Outlaw was later hanged by the Ku Klux
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HISTORY OF NORTH CAROLINA
The convention declined to pass any resolution favorable to amnesty. This was partly due to bitterness and partly due to the belief that their own chances of political preferment would be greater if the old leaders were disqualified. As a matter of fact, in respect both to confiscation and amnesty, the convention was more radically proscriptive than those it was supposed to represent.
The opposition,-the mass of the white people who as- sumed the name conservative,-were at sea as to policy. Some wanted to attempt a division of the negro vote, but that proved unpopular and it was finally decided to make a stand against negro suffrage and to deny the constitutionality of the recon- struction acts. This decision was largely due to the advice of William A. Graham. A call had been issued for a state con- vention and it had assembled in September. Beyond denounc- ing the republican convention, it did nothing. Most of the conservatives were opposed to organization and too discour- aged to accomplish anything. But another meeting was called and Graham wrote a letter advising the conservatives to vote against a convention and urging that no recognition be given negro suffrage. No formal action was taken but the future position of the party in respect to the negro was settled, and it became in fact, if not always in name, a white man's party. But in the campaign the conservatives were listless and dis- pirited and without organization. The election was held on November 19th and 20th. The results were :
Registered voters
179,653
Votes cast
125,967
For convention
93,006
Against convention
32,961
Not voting
53,686
On the call of General Canby the convention met in Raleigh on January 14, 1868. The republicans had a majority of 94, the conservatives having elected 13 delegates. Of the 107 republicans, at least 18 were carpet-baggers and 15 were ne- groes. Many of the carpet-baggers, or "squatters," as they were called in North Carolina, had formerly been officers in the Union army. The more prominent of them were General
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HISTORY OF NORTH CAROLINA
Joseph C. Abbott, a native of New Hampshire and formerly an editor and lawyer; Lieutenant Albion W. Tourgee, a native of Ohio, a graduate of Rochester University, and a former officer of the One Hundred and Fifth Ohio Volunteers; General Byron Laflin, a native of Massachusetts, formerly colonel of the Thirty-Fourth New York Infantry, and Major H. L. Grant, of the Sixth Connecticut Volunteers, and a native of Rhode Island. Of the other carpet-baggers, David Heaton liad been a special agent of the treasury department and had settled in New Bern; S. S. Ashley was a native of Massa- chusetts and a minister, little else being known of his past history ; John R. French was a native of New Hampshire who had been a newspaper editor and twice a member of the Ohio House of Representatives. He had come to North Car- olina as a direct tax commissioner.
Of the white native North Carolinians in the convention, none had been previously of any prominence in the state, few being known at all outside their own counties. W. B. Rodman had been known as an able lawyer and as an earnest advocate of secession. He, with Calvin J. Cowles and J. M. Turner, was disfranchised under the reconstruction acts, but the fact that they were radicals prevented any action being taken to unseat them.
Several of the colored delegates were, comparatively speaking, men of considerable ability. James H. Harris was . an orator of great power and had a fair education. With J. W. Hood and A. H. Galloway, he shared the leadership of the colored members.
None of the conservatives were men of political promi- nence. The two who at once took the most prominent part in the debates of the convention were Captain Plato Durham, and Major John W. Graham, both Confederate soldiers and men of education.
Temporary organization was effected the first day. The next day permanent organization was completed by the elec- tion of officers. Calvin J. Cowles, Holden's son-in-law, was elected president although he was under disabilities and thus not a registered voter and so ineligible to membership. Cowles was a man of unimpeachable honesty but of only fair ability,
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HISTORY OF NORTH CAROLINA
who was entirely under the influence of Holden and the car- pet-baggers. Two conservative delegates who were accused of being under disabilities, although declared elected by Can- by, were unseated without notice.
Naturally, the convention was the object of scorn and derision on the part of the conservatives who dubbed it "the Convention (so-called)." A heated quarrel occurred over the practice of the conservative newspapers of placing the word "negro" after the names of the colored delegates and several reporters were excluded from the hall.
By comparison with previous public assemblies in North Carolina this convention was extravagant, the per diem being fixed at $8 with 20 cents mileage. As attendance was lax ad- ditional ground of criticism was furnished. In mileage ac- counts there were numerous flagrant instances of fraud as well as in the purchase of supplies and yet by comparison with a number of the Southern states, North Carolina in this respect escaped lightly, the expenses of the convention, in- cluding everything, being only a little more than $100,000.
Notwithstanding the fact that the main purpose of the con- vention was to frame a constitution, no great interest was manifested in the subject. Committees were appointed, the carpet-baggers capturing the chairmanship of ten of the nine- teen standing and of most of the special committees. This gave them the opportunity to put many of their theories into form. Individually or collectively, they controlled the conven- tion. With this fact in mind, it is a cause for wonder that more changes were not made in the fundamental law. The explanation seems to lie in the rivalry of the three carpetbag leaders, Abbott, Heaton and Tourgee, who in their efforts to gain personal strength yielded in many things to the native whites.
One of the first constitutional matters to come up was the judicial article. The distinction between actions at law and suits in equity was abolished in spite of solid conservative and even some republican opposition. Provision was made for the adoption of a code of civil procedure and practice and a commission was appointed to prepare it. It consisted of W. B. Rodman, V. C. Barringer, and A. W. Tourgee. Rod-
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HISTORY OF NORTH CAROLINA
man and Barringer were well qualified for the position but Tourgee although he had studied law in Ohio was "innocent of law" and was admitted to the bar as a "twenty dollar lawyer" by grace of an ordinance passed for his benefit.
Another change in the judicial article, even more criti- cized was placing the election of judges in the hands of the people and replacing the term of good behavior by a term of eight years. The Supreme Court was recognized by the con- stitution and the justices were increased from three to five. The number of Superior Court judges was increased to twelve, a very necessary change as the courts were crowded and emancipation had largely increased their burdens.
The question of political disabilities naturally arose early. Two phases of the matter were considered. A committee was appointed to prepare a list of such persons laboring under those imposed by the Fourteenth Amendment as should be recommended by the convention for congressional relief. The names of about six hundred, practically all republicans, were presented and a violent debate followed in which it became ap- parent that while some republicans favored general amnesty, the majority wanted nothing of the sort. The list was of course adopted.
The other phase was in relation to the qualifications for voting and holding state office which should be inserted in the new constitution. The majority favored unqualified manhood suffrage with disbelief in a Supreme Being, or conviction of a felony, as the only disqualifications for holding office. Three minority views appeared. One desired disqualification for suffrage and office-holding of all who had ever, by any means, attempted to prevent the exercise of the right to vote, of those disqualified by the Fourteenth Amendment, and of those who could not take a somewhat rigid preliminary oath. The sec- ond was that of the conservatives who denied that the right to vote was inherent, and contended that since the negroes were not prepared for it, it should not be extended to them. A third wanted the disabilities of the Fourteenth Amendment added to the majority report. The debate, by far the bitterest in the convention, lasted for three weeks in which the most radical views and desires on the subject were expressed. The
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HISTORY OF NORTH CAROLINA
conservatives warned the convention that if disabilities for voting were imposed there would follow the necessity of per- manent military occupation of the state by the United States. The convention, as a threat, at once repealed the amnesty act of 1866 but adopted the majority report.
The conservatives were bent upon putting the republicans on record as concerned the division of the races, foreseeing the future importance of that issue, and they, therefore, sought to have inserted in the constitution provisions for separate schools, separation of the races in the militia, and the prohibi- tion of intermarriage and the apprenticing of white children to colored masters. All were rejected by the majority, most of whom secretly agreed but did not dare to come out openly for political reasons. The constitution was finally drafted and adopted. The conservatives voted solidly against it, and none of them signed it.
Other matters than the constitution engaged the attention of the convention. Fourteen divorces were granted, the state was redistricted for Congress, with much factional quarrel- ing among those who had congressional aspirations, a com- mittee was appointed to devise some plan to settle every citi- zen upon a freehold, and a resolution was passed thanking the House of Representatives for the impeachment of Presi- dent Johnson. Ordinances relating to the payment of interest on certain state bonds and railroad matters were passed and the rumor was general that their passage was secured by a group of lobbyists who would profit largely thereby. The lobby was there undoubtedly, led by General Milton S. Little- field, of New York, a man of great personal charm and at- traction, already wealthy from a lumber steal in Pennsylva- nia and destined to be better and more unfavorably known in North Carolina within the next two years.
After providing for the submission of the constitution to the people and the election of state officers, members of the legislature, and members of Congress under the supervision of the military authorities, the convention adjourned on March 17th, in the midst of an uproar horrifying to the con- servative element in the state. The Sentinel headed its ac- count of the proceedings as follows:
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HISTORY OF NORTH CAROLINA
THE CONSTITUTIONAL CONVENTION (SO-CALLED) .
The Disgraceful Closing Scenes! Corn Field Dance and Ethiopian Minstrelsy !! Ham Radicalism in its Glory !!!
The new constitution varied widely from the former one. In the Bill of Rights, the original of which had been adopted in 1776, there was less change than in any other part of the fundamental law. But quite a number of provisions were in- serted. The chief of these were as follows: all men were declared equal; the right of secession was denied, and the paramount allegiance of all citizens to the United States was affirmed; the public debt of the state was declared valid, and the war debt was repudiated; slavery was prohibited; the suspension of the writ of habeas corpus was forbidden; the people were declared entitled to the privilege of education; the legislative, executive, and judicial departments of gov- ernment were declared forever separate and distinct; the free- dom of the press was guaranteed, as in the former Bill of Rights, but individuals were held responsible for abuse of this freedom; the quartering of soldiers upon citizens in time of peace was forbidden; it was provided that the courts should always be open, and in criminal cases greater protection was guaranteed defendants than in the original instrument, though not more than was enjoyed under the law of the state and the usage of the courts; and finally it was declared that all rights and powers not delegated by the constitution should be re- tained by the people.
In the legislative department greater changes were made. The name of the lower house of the General Assembly was changed from the House of Commons to the House of Repre- sentatives. The property qualifications for members of both houses were abolished, and they were obliged to take an oath of allegiance to the United States before taking their seats. Senators were required to be at least thirty years of age. The elective council of state was abolished and replaced by one composed of the executive officers of the state.
In the executive department three new offices were created :
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HISTORY OF NORTH CAROLINA
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