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lature, July 1st. This course did not meet the will be sent to-day to the military commanders in approval of Governor Worth, and he published North Carolina to abstain from the exercise of any the following protest, addressed to Governor authority under the reconstruction laws, except to
close up unfinished business, and not to interfere in Holden :
any civil matters unless the execution North CAROLINA, Executive DEPARTMENT, 'RALETCH, Tuy19 1368. } June 25, 1868, should be obstructed by unlawful of
forcible opposition to the inauguration of the new Gorernor W. W. Holden, Raleigh, N. C. :
State Government. Sir: Yesterday morning I was verbally notified The railroad appointments made by Governor by Chief-Justice Pearson that, in obedience to a tele
Worth have been annulled. gram from General Canby, he would to-day, at ten
ED. R. S. CANBY, 4. 1., administer to you the oaths required prelimi
Major-General Commanding. nary to your entering upon the discharge of the On the 4th Governor Holden was formally duties of civil Governor of the State, and that there, inaugurated, and exactly one week from that upon you would demand possession of my office. I intimated to the judge my opinion that such proceed day the President of the United States aning was premature, even under the reconstruction nounced by proclamation that North Carolina legislation of Congress, and that I should probably had complied with the condition prescribed by decline to surrender the office to you.
Congress for her restoration to an equal place At sundown yesterday evening I received from in the Union of States. This consummated Colonel Williams, commandant of this military post, an extract from the General Orders, No. 120, of Gen
the reconstruction of the State of North Caroeral Canby, as follows:
lina. General Orders, No. 120.
There had been little occasion, during the [Extract.]
six months prior to the meeting of the first HEADQUARTERS SECOND MILITARY DISTRICT,
Legislature under the new constitution, for any CHARLESTON, S. C., June 30, 1868. vigorous exercise of the military power. GenTo facilitate the organization of the new State govern- eral Canby had on the 1st of January directed ments, the following appointments are made:-To be Governor of North Carolina, W. W. Holden, Governor
the organization of an armed police, to be emflect
, wice Jonathan Worth, removed ; to be Lientenant- ployed, under the direction of the sheriffs, for Governor of North Carolina, Tod R. Caldwell, LieutenantGorernor elect, to fill an original vacancy, to take effect
the detection and prevention of crime in cerJuly 1, 1868, on the meeting of the General Assembly of tain counties, which force was to be under the North Carolina.
general supervision of the military authority. I do not recognize the validity of the late election, It was to be composed of " loyal citizens, white under which you and those cooperating with you and colored, in the ratio of registered voters,” claim to be invested with the civil government of the State. You have no evidence of your election save
who were required in all cases to be “intellithe certificate of a major-general of the United States gent, sober, and reliable men, of good moral army: 1 regard all of you as, in effect, appointces of standing in the community from which they the military power of the United States and not as
are selected.” In April a special order was • deriving your powers from the consent of those issued, establishing a provost court for several rou claim to govern.” Knowing, however, that you are backed by military force here, which I could not counties of the State, to sit ordinarily at Raresist if I would, I do not deem it necessary to offer leigh, but liable to be called, for special pura futile opposition, but vacate the office without the poses, to sit temporarily at different places. ceremony of actual eviction, offering no further op- The jurisdiction of this court was restricted to position than this, my protest. I would submit to actual expulsion in order to bring before the Supreme civil cases, in which the sum in controversy Court of the United States the question as to the con- did not exceed three hundred dollars, and to stitutionality of the legislation under which you criminal offences which should be referred to claim to be the rightful Governor of the State, if the it, except murder, manslaughter, assault with past action of that tribunal furnished any hope of a peedy trial. I surrender the office to you under intent to kill
, duelling, perjury, rape, and what I deem military duress, without stopping, as
The procedure of the court was to be the oecasion would well justify, to comment upon
assimilated to that of magistrates under the the singular coincidence that the present State Gov- laws of the State," and sentences and judgernment is surrendered, as without legality, to him ments were not.to be executed until approved whose own official sanction, but three years ago, de- by the commanding general
. The constituclared it valid. I am, very respectfully, JONATHAN WORTH,
tional convention also relied on General Canby Governor of North Carolina. to carry into effect such ordinances as it saw The Legislature assembled on the appointed of little general interest.
fit to pass. These were few in number and day, the members were sworn in, and both
The Legislature, which met on the first of houses organized for the business of the ses- July, continued in session until the 22d of sion. On the second day the 14th amendment August, and passed a variety of laws, those of was ratified by a joint resolution of the House the greatest general interest being "An act to and Senate, and information of that fact trang- organize a militia of North Carolina,” and “ An mitted to General Canby. On the 3d of July act to provide for the registration of voters." the following appeared :
Difference of opinion on questions of general CHARLESTON, S. C., July 3, 1868.
policy still seemed to be based on the To his Excellency, W. W. Holden, Governor of North as distinction of race, color, or previous con
dition." Your telegram, announcing the ratification of the
No legislative action was taken North Carolina, has been received, and instructions ments of the Conservatives on the subject are Constitutional Amendment by the Legislature of founded on any such distinction, but the senti
illustrated in the series of resolutions which commanding therein to detail a " sufficient force follow. These were not adopted by a ma- to preserve the peace and enforce the laws." jority of either House.
“No man shall be an officer or private in the The General Assembly of North Carolina do resolve: detailed militia unless he be an elector of the 1. That we recognize the radical distinctions of color, State, and first take and subscribe the constiblood, physicial form, and peculiarities of intellect, tutional oath of office.” between the white and negro races, and all efforts to “ The said detailed militia shall be under the destroy or abridge these distinctions are crimes not only against society and civilization, but against God command of the Governor and be subject to di himselt.
orders, and may be sent to any portion of the 2. That the common rule, as well as the experience State by him.” of mankind, proves that the white race is superior to “Any officer of said detailed militia sha! the negro, in physical and intellectual endowment, have power, and it shall be his duty, to use and that civilization and its future successful progress are safe only in the hands of the white race.
such force as may be necessary, to overcome 3. That the governinents of the United States and resistance, in quelling riots or making arresta of the several States were instituted by white men, and not otherwise." have been administered by white men, and ought to “ The white and colored members of the de be administered by white men, forever hereafter. 4. That it is the duty of this and all future General
tailed militia shall not be compelled to serve is Assemblies of North Carolina so to shape their le- the same sections." gislation as to secure the rights of life, property, and SectiCN 22. The detailed militia organized urve liberty, to all men residing in the State, without regard to race, former condition or color, but at the
the provisions of this act shall not be used on any or same time to recognize the natural distinctions of
casion or under any pretext for any other purs.
than to execute the laws and to suppress resist... 5. That, in carrying out their purposes, it is the duty
to the same, and it may be called upon by any *** of this General Assembly, in providing for the estab
officer for that purpose. And in case it be called in lishment of a system of common schools for public
service to preserve the peace in any election,
force shall be used to secure a fair and untramu: instruction, to provide especially for the education of white children in schools separate from those pro
vote of all electors without regard to their per vided for negro children.
opinions, and no member of the force shall, while : 6. That, in forming a militia system, special provi- vote of any citizen, and any
active duty, be allowed to endeavor to influence the sion shall be made for organizing the white militia
one offerding against from the negro militia.
the provisions of this act shall be deemed guita 7. That stringent provision shall be made, by ap
a misdemeanor, and, on indictment and convich. propriate legislation, to prevent the intermarriage
before any Superior Court, shall be fined or in of the white and negro races in this state, and to
oned, at the discretion of the Court, and shall is punish the crime of miscegenation.
any office or position that he may then hold uide 8. That these resolutions embody principles and a
the laws of this State. Every justice of the pikes course of policy vital to the interests of the people of
other peace-officer shall cause all offenders artir this State and of the whole Union, as well as to the
this act to be immediately arrested, and held to ' interests of enlightened civilization and good and
to appear before the next succeeding Superior stable government, and all efforts to avoid or prevent
of the County to answer such charge. a free, fair, and candid expression of opinion touch- The registration act regulates the app & ing these principles ought to be, and will be, regarded ment of registrars and judges of election, e as unfriendly to the well-being of society.
gives explicit directions regarding the meti e's The subject of a system of public education of proceeding. The following are the most ta occupied considerable attention, but nothing portant sections: : more was done than to adopt a resolution in- SECTION 6. Every male person born in the las structing the Board of Education to prepare States, and any male person who has been este and report a plan and code of laws for the * ized, twenty-one years old or upwards, who ganization, government, etc., of the public free ing the election, and thirty days in the county :
have resided in the Stato twelve months peripr schools."
which he offers to vote, shall be deemed an ele." The following are the leading provisions of and shall be entitled to registration upon applica the militia act:
Seo. 7. Except in cases provided for in se Every person liable, is required to serve, un- eleven, of this act, no person shall be allowed tutte less he pays a yearly contribution of two dol- the registration books of the precinct in which
at any election unless his name shall be found lars, or exempted under the certificate of a
offers to vote, unless he shall take and subscribers physician.
following oath :. “I,
do solemnly sked!! The Governor appoints and commissions all affirm) that I will support and maintain the Cea officers.
tution and laws of the United States, and the 2: The white and colored militia are to be en
tution and laws of North Carolina not inere
therewith ; that I have been a resident in the rolled in separate companies, and “never be of North Carolina for twelve months, and in the compelled to serve in the same companies." county of
for thirty days, and that I bre The Governor is authorized to organize six neither registered por voted during this eletier regiments of infantry, three battalions of caval- any other precinct.” Such person, having taken its
oath, shall thereupon be registered. ry, and one battery of artillery, to be apportioned to three divisions into which the State to keep the registration books for their precies
Sec. 8. It shall be the duty of the judge of elect may be divided, each to constitute a major- the place of holding the election during the day, general's department.
such election, and to register therein the name of a The Governor has authority to request any in the last section, before receiving the role of ass
legal voter, first administering the oath as five justices in a county to direct the colonel elector not previously registered.
provides Sec. 6. Any person who shall, with intent to March 6, 1798;
died in Cambridge, Mass., commit a fraud, vote at more than one time, shall be June 3, 1868. His early training and prepaguilty of a misdemeanor, and, on conviction, shall be imprisoned not less than six’nor more than twelve ration for college were acquired under great months, or fined not less than one hundred nor more difficulties, but by zeal and energy he surthan five hundred dollars, at the discretion of the mounted them all, and entered Harvard ColCourt; and any registrar of voters or any clerk or lege, and, having sustained himself in part by copyist , who shall make any entry or copy with
in- teaching during his course, graduated in 1818 tent to commit a fraud, shall be liable to the same
with a debt of only $150. This he paid penalty.
S80. 7. No registered voter shall be challenged on from the salary received for teaching the the day of election, but those offering to register on academy at Framingham the year after his the day of election may be challenged, and every graduation. He then entered the Divinity person applying for registration before the election School at Cambridge, and passed through the may be challenged at that time in like manner.
theological course of three years, but, having The last two sections are from an act amend- some pupils there, and desiring to prosecute ing that which was first passed. The registra- further the philological and biblical studies in tion of legal voters under this law commenced which he had become deeply interested, he on the 15th of October, in preparation for the did not seek a settlement at once, but remained presidential election in November.
in Cambridge as a private teacher and college Both political parties held conventions to tutor until 1827. He was ordained as pastor ratify the nominations and approve the plat- of a small Congregational (Unitarian) Society form of principles made at their respective na- in Brookfield, Mass., October 31, 1827. The tional conventions for President and Vice- salary was inadequate for his support, but he President of the United States, and both acted remained in Brookfield for seven years, devotin harmony with the same parties throughout ing his leisure to studies not immediately conthe country in the excited campaign of the nected with the pulpit. In October, 1834, he autumn.
was installed pastor of the First CongregaThe whole vote of the State in the presiden- tional (Unitarian) Society in Petersham, Mass., tial election was 165,841 ; of these 92,241 were where he remained until September, 1840, for the electors nominated by the Republican when he accepted the Hancock professorparty, and 73,600 for the Democratic electors; ship of Hebrew and other Oriental languages giving a popular majority in favor of the elec- of sacred literature in Harvard College, and tion of Grant and Colfax of 18,641.
the Dexter lectureship on biblical literature in Considerable was done in the course of the the Divinity School, as successor of Dr. Palyear toward resuscitating the material interests frey. The year previous he had received the of the State, and establishing railroads from degree of D. D. from Harvard College. He point to point. The Commonwealth is bur- continued in the discharge of the duties of dened with a debt which, on the 1st of Octo- this professorship until his death, officiating ber, amounted to $19,208,945, including bonds occasionally also as college chaplain and preachissued for internal improvements to the er. Dr. Noyes had been long conspicuous as amount of nearly $4,000,000. The interest the ablest Hebrew and Greek scholar and the which matured on the 1st of October was most thorough proficient in sacred literature promptly paid, and amounted to $112,104. The connected with the university, and ranking interest falling due in the course of the present with the best in the country. He had devoted fiscal year, ending September 30, 1869, will much of his time for many years to the transamount to $1,032,596, while the expenses of lation of portions of the old and New Testaadministering the State government for the ment scriptures, and their careful annotation. same period are estimated at $375,230, mak- He published some years since translations of ing the demands on the treasury $1,407,826 for the poetical and prophetic books of the old the year 1868–69. To meet these, the Treas- Testament, which he had recently revised, and grer has $50,034.84 on hand, and the remain- to which he had added copious notes. These der must be raised by taxation. The ue of were published in four volumes, by the Amerproperty in the State on which this revenue is ican Unitarian Association, in 1866 and 1867. to be levied is estimated at $250,000,000. His translation of the New Testament, on which
The regular session of the General Assem- he had bestowed many years of critical labor, bly commenced on the 16th of November, and was completed and passing through the press continued into the year 1869. The principal at the time of his death. It constitutes a matters under consideration related to the fifth volume of his translations, and is a monufinances of the State and the reëstablishment ment of careful and accurate biblical learning. of her material prosperity.
Besides these, he had published a Hebrew NOYES, George Rapall, D. D., an Amer- Reader, and several occasional sermons and ican Unitarian clergyman, professor, and addresses, and had edited a volume of theoloOrientalist, born in Newburyport, 'Mass., gical essays by various authors.
OBITUARIES, AMERICAN. — January 3.- Jan. 10. — BINGHAM, DANIEL H., a proniBARROWS, WILLARD, a civil engineer and au- nent lawyer and editor of Alabama, dieł at thor, died in Davenport, Iowa, aged 61 years. Florence, Ala., aged about 70 years. He wa He was born in Monson, Massachusetts, in a native of Vermont. 1806, and passed most of his youth in New Jan. 10.–COOLEY, Mrs. Nancy, died s England. “After leaving his home he became Darrtown, Butler County, Ohio, aged 108 years a teacher at Elizabethtown, N. J., but soon and 17 days. She was born in Virginia in relinquished that occupation for the profession 1759, and emigrated to Kentucky, where she of civil engineering, in which he successfully married, and soon after removed with her labored until a few years ago. In 1835 he fin- husband to Ohio, when it was a wilderness ished for the Government the surveys of the Jan. 11. — REED, Lieutenant-Commande: Choctaw Purchase in Mississippi, and after John HENRY, U. S. N., was drowned at the completing this work made, in 1837, an ex- mouth of the Osaka River, Japan. He entered ploration to Cedar River, then scarcely known. the service in Sept., 1859, and, during the we. În the fall of 1837 he was engaged upon the he took part in many of the most importer: first surveys of Iowa. In 1840 he surveyed naval operations at New Orleans, Vicksbor: the islands in the Mississippi River, between the engagement with the ram Arkansas te Rock river and Quincy. During the suspen- siege of Port Hudson, the iron-clad operation sion of the surveys he settled at Rockingham, off Charleston and Stone River, etc., etc. He but in 1843, when the surveys were resumed, was flag-lieutenant of Admiral Bell's squsthe was sent into the Kickapoo country. From ron, and in attempting, in company with the 1845 to 1850 he was unceasingly at work on admiral and thirteen men, to cross the bar si Government and county surveys in Iowa. In the mouth of the Osaka, the boat was 1850 he made a journey to the Rocky Moun- sized, and all on board 'were drowned, with tains, an account of which he subsequently pub- the exception of three men. lished. In 1854 he published "Barrows's New Jan. 13.-HASSELTINE, Miss ABIGAIL O S Map of Iowa, with Notes,” and in 1859 wrote eminent teacher, died at Bradford, Mas. She a historical sketch of Scott County. At the was a woman of superior intellect and estertime of his death he was connected with a sive attainments, and, for a period of tifty peers banking house in Davenport.
(1815–1865), was preceptress of Bradford Fe Jan. 3.-Shearman, SYLVESTER G., Justice male Academy, educating several thousand of the Supreme Court of Rhode Island, died young ladies, many of whom have subseque!! in Providence, R. I., aged 66 years. He was ly filled important stations. She was a site born in North Kingston in 1802, was edu- of Mrs. Ann Hasseltine Judson, the first mit cated for the law, and entered upon the prac- and sharer in the toils and trials of the distr. tice of his profession in Wickford. In 1843 he guished missionary, Dr. Adoniram Judson. was elected a Representative to the General Jan. 13.-STEELE, General Frederick, lite Assembly on the Law and Order” ticket commander of the Military Department of the from his native town. In 1848 he was chosen Columbia, died at San Mateo, Cal. He entered Speaker of the House, and in May, 1855, was the army in 1843, and served with distinctica elected a Justice of the Supreme Court, the in the Mexican War, having been twice breduties of which position he continued to dis- vetted for gallant and meritorious services charge with faithfulness and fidelity until first at the battle of Contreras, and agains: stricken down by the disease which
terminated the battle of Chapultepec. During the lata his life. He was a man of strong common civil war he held several important command sense and unquestioned integrity, and as a de- and was distinguished in numerous engage bater was remarkable for his readiness and ments, being promoted to the rank of major homely wit.
general of volunteers, and brevet major-getJan. 8.—GIC DICINI, GIUSEPPE, an architect, eral in the army. At the siege of Vicksbur scenic artist, and fresco painter, died in New he commanded the Fifth Division of Grant's York City, aged 55 years. He was born at army, and headed many of the most important Bologna, Italy, in 1812. He began his studies storming parties during the siege. He saber under Prof. Basoli at the Academy of Design quently had command of the Department of in his native town, and afterward studied at Årkansas, which he held until the close of the Rome and Milan. In 1832 he came to this war. In 1865 he was transferred to Terca country, as scenic artist to the first opera and placed in command of the troops on troupe that arrived under the management of Rio Grande, but during the same year Fa Signor Montressor. He was the first artist appointed to the Department of the Colima that introduced fresco painting into this coun- bia. try, and nearly all the theatres of New York Jan. 16.—HASKINS, Mrs., died at Camdea bear evidence of his talent.
Ohio, at the advanced age of 116 years. She
was born in Burlington, Vt., in 1751, and sionary work, he was ordained in October, lived on Long Island when the British invaded 1852, and sailed with his wife for Ceylon. New York,
After six years of faithful labor, the failure of Jan. 19. — CAMPBELL, John H., a promi- his health compelled him to return to this nent lawyer and politician of Philadelphia, country, where he spent nearly four years, durdied in that city. He was a native of Penn- ing a portion of which time he performed with sylvania, and represented the Third District in great acceptance the duties of a district secreCongress between 1845 and 1847, when he de- tary of the Board of Missions, in the southern clined a renomination, though pressed by his districts of the West. He also attended several constituency to accept it.
courses of medical lectures, receiving the deJan. 19.-DICK, JAMES T., an artist of great gree of M. D. at Cleveland, Ohio. In 1863 he promise, died in Brooklyn, L. I., aged 34 years. sailed with his wife and children for the MaHe was a native of New York, and a son of dura Mission, but the climate of India was unA. L. Dick, whose engraving of “The Last favorable to his debilitated state, and, his wife Supper" gained him an enviable position among also being in feeble health, he was compelled artists. The subject of this sketch manifested again to return to the United States, reaching from infancy a love for art, and at the age of New York in June of 1867. With a view of fourteen, while on a visit to England with his prosecuting his medical studies he arranged his father, entered as a competitor for the prizes of plans for spending the winter in the city, but the Manchester Academy of Desigu, and carried the termination of his disease was sudden and off a majority of them. Among his most popu- unexpected. lar productions are "Cooling Off," "Leap
Jan. 26.—DEAN, Amos, LL. D., an able jurist Frog,” and “At Mischief.” Mr. Dick was one and author, died in Albany, N. Y.
He was of the organizers of the old Brooklyn Art born at Barnard, Vt., Feb. 16, 1803, and reSchool, from which sprang the present Art ceived his collegiate education at Union ColAssociation, and was also one of the founders lege, where he graduated in 1822. Having of the Academy of Design.
made choice of the legal profession, he comJan. 20.-DILL, VINCENT LEMUEL, the oldest menced its study under Jabez D. Hammond practical stereotyper in America, died in and Judge Alfred D. Conkling, two names of Brooklyn, E. D., aged 73 years. He was one great eminence in the State history. On his adof the first to cast stereotype plates in this mission to the bar, he formed a partnership of country.
long continuance with Mr. Azor Taber, and Jan. 21.—Davis, James, an eminent Ver- soon attained a high reputation for his profound mont lawyer and politician, died at St. Al. legal attainments. In 1833 he projected the bans, Vt., aged 85 years, He was born in Young Men's Association of Albany, of which North Kingston, R. I., and removed to St. Al- he was a lifelong friend and supporter. In bans in 1810. In 1829 he was a member of 1834 he delivered before it an interesting course the Constitutional Convention, and of the Ex- of lectures, subsequently published. He preecutive Council in 1830. In 1843 and 1844 he pared numerous treatises on law subjects, all of Was Assistant Judge of the County Court. He which have been recognized as standard works also served five years as Judge of Probate. on their respective topics. In 1851, at the or
Jan. 21.-VANDERBERGH, Federal, M.D., an ganization of the law school, he was appointed eminent homæopathic physician,
died at Rhine- a professor, and he had also filled the chair of beck, N. Y. He was born in Beekman, Dutchess Medical Jurisprudence in the Albany Medical County, N. Y., May 11, 1788; studied medicine School, we believe, from its organization in and entered upon the practice of his profession 1839. "He had been engaged for some years with a license in 1808. In 1815 he removed upon an extensive and elaborate work on the to Geneva, N. Y., and in 1822 changed his resi- “History of Civilization," which his death dence to the city of New York. °In 1826 he leaves incomplete. received the degree of M. D. from the med- Jan. 26.-HARNEY, J. H., an editor and auical departinent of Yale College. In 1833 he thor, died in Louisville, Ky. He was the author adopted the system of Hahnemann, known as of an excellent treatise on Algebra, with the homeopathy, and continued in the practice hardest problems ever inserted in a mathematithereof until his death.
cal text-book. For many years he had been Jan. 24.—Lord, Rev. Nathan L., M. D., a connected with the daily press, and at the pemissionary and physician of the Madura Mis- riod of his death was editor of the Louisrillo sion, A. B. C.F. M., and previously of the Cey- Democrat. lon Mission, died in New York City. He was Jan. 26.—Mott, JAMES, husband of Lucretia born in Norwich, Conn., December 8, 1821. In Mott, the Quaker preacher, died in Brooklyn, 1829 he removed with his family to Fairview, L. I. He was born at Manhasset, Long Island, Pa, and in 1837 to Ellsworth, Ohio; was in 1788, but when a very young man removed educated at the Western Reserve College, where to Philadelphia. During the religious controhe graduated in 1847, and after completing a versy which so long troubled and ultimately
course was employed for a time divided the Society of Friends, Mott took us agent and financial secretary of the college. an active part in support of the “Liberalists." Having decided to devote himself to the mis- He was also a cordial sympathizer with the