lature, July 1st. This course did not meet the approval of Governor Worth, and he published the following protest, addressed to Governor

Holden:

STATE OF NORTH CAROLINA,

SIR: Yesterday morning I was verbally notified by Chief-Justice Pearson that, in obedience to a telegram from General Canby, he would to-day, at ten A. M., administer to you the oaths required preliminary to your entering upon the discharge of the duties of civil Governor of the State, and that thereupon you would demand possession of my office. I intimated to the judge my opinion that such proceeding was premature, even under the reconstruction legislation of Congress, and that I should probably decline to surrender the office to you. At sundown yesterday evening I received from

Colonel Williams, commandant of this military post, an extract from the General Orders, No. 120, of General Canby, as follows:

General Orders, No. 120. [Extract.]

HEADQUARTERS SECOND MILITARY DISTRICT, CHARLESTON, S. C., June 30, 1868. To facilitate the organization of the new State governments, the following appointments are made:-To be Governor of North Carolina, W. W. Holden, Governor elect, vice Jonathan Worth, removed; to be Lieutenant Governor of North Carolina, Tod R. Caldwell, LieutenantGovernor elect, to fill an original vacancy, to take effect July 1, 1868, on the meeting of the General Assembly of North Carolina.

you

I do not recognize the validity of the late election, under which you and those cooperating with you claim to be invested with the civil government of the State. You have no evidence of your election save the certificate of a major-general of the United States army. I regard all of you as, in effect, appointees of the military power of the United States and not as "deriving your powers from the consent of those you claim to govern." Knowing, however, that are backed by military force here, which I could not resist if I would, I do not deem it necessary to offer a futile opposition, but vacate the office without the ceremony of actual eviction, offering no further opposition than this, my protest. I would submit to actual expulsion in order to bring before the Supreme Court of the United States the question as to the constitutionality of the legislation under which you claim to be the rightful Governor of the State, if the past action of that tribunal furnished any hope of a speedy trial. I surrender the office to you under what I deem military duress, without stopping, as the occasion would well justify, to comment upon the singular coincidence that the present State Government is surrendered, as without legality, to him whose own official sanction, but three years ago, declared it valid. I am, very respectfully,

JONATHAN WORTH,

Governor of North Carolina.

The Legislature assembled on the appointed day, the members were sworn in, and both houses organized for the business of the session. On the second day the 14th amendment was ratified by a joint resolution of the House and Senate, and information of that fact transmitted to General Canby. On the 3d of July the following appeared:

CHARLESTON, S. C., July 3, 1868. To his Excellency, W. W. Holden, Governor of North

Carolina:

Your telegram, announcing the ratification of the Constitutional Amendment by the Legislature of North Carolina, has been received, and instructions

The railroad appointments made by Governor Worth have been annulled. ED. R. S. CANBY, Major-General Commanding. On the 4th Governor Holden was formally inaugurated, and exactly one week from that day the President of the United States announced by proclamation that North Carolina had complied with the condition prescribed by Congress for her restoration to an equal place

in the Union of States. This consummated the reconstruction of the State of North Carolina.

There had been little occasion, during the six months prior to the meeting of the first Legislature under the new constitution, for any vigorous exercise of the military power. General Canby had on the 1st of January directed the organization of an armed police, to be employed, under the direction of the sheriffs, for the detection and prevention of crime in certain counties, which force was to be under the general supervision of the military authority. It was to be composed of "loyal citizens, white and colored, in the ratio of registered voters," who were required in all cases to be "intelligent, sober, and reliable men, of good moral standing in the community from which they are selected." In April a special order was issued, establishing a provost court for several counties of the State, to sit ordinarily at Raleigh, but liable to be called, for special purposes, to sit temporarily at different places. The jurisdiction of this court was restricted to civil cases, in which the sum in controversy did not exceed three hundred dollars, and to criminal offences which should be referred to it, except murder, manslaughter, assault with intent to kill, duelling, perjury, rape, and arson. The procedure of the court was to be "assimilated to that of magistrates under the laws of the State," and sentences and judgby the commanding general. The constituments were not to be executed until approved tional convention also relied on General Canby to carry into effect such ordinances as it saw of little general interest. fit to pass. These were few in number and

The Legislature, which met on the first of July, continued in session until the 22d of August, and passed a variety of laws, those of the greatest general interest being "An act to organize a militia of North Carolina," and "An act to provide for the registration of voters." Difference of opinion on questions of general policy still seemed to be based on the "distinction of race, color, or previous condition."

No legislative action was taken founded on any such distinction, but the sentiments of the Conservatives on the subject are

2. That the common rule, as well as the experience of mankind, proves that the white race is superior to the negro, in physical and intellectual endowment, and that civilization and its future successful progress

are safe only in the hands of the white race.

3. That the governments of the United States and of the several States were instituted by white men, have been administered by white men, and ought to be administered by white men, forever hereafter.

4. That it is the duty of this and all future General Assemblies of North Carolina so to shape their legislation as to secure the rights of life, property, and liberty, to all men residing in the State, without regard to race, former condition or color, but at the same time to recognize the natural distinctions of

race.

5. That, in carrying out their purposes, it is the duty of this General Assembly, in providing for the establishment of a system of common schools for public instruction, to provide especially for the education of white children in schools separate from those provided for negro children.

6. That, in forming a militia system, special provision shall be made for organizing the white militia from the negro militia.

7. That stringent provision shall be made, by appropriate legislation, to prevent the intermarriage of the white and negro races in this State, and to punish the crime of miscegenation.

8. That these resolutions embody principles and a course of policy vital to the interests of the people of this State and of the whole Union, as well as to the interests of enlightened civilization and good and stable government, and all efforts to avoid or prevent a free, fair, and candid expression of opinion touching these principles ought to be, and will be, regarded as unfriendly to the well-being of society.

The subject of a system of public education occupied considerable attention, but nothing more was done than to adopt a resolution instructing the Board of Education to prepare and report a plan and code of laws for the "organization, government, etc., of the public free

schools."

The following are the leading provisions of the militia act:

Every person liable, is required to serve, unless he pays a yearly contribution of two dollars, or is exempted under the certificate of a physician.

The Governor appoints and commissions all officers.

The white and colored militia are to be enrolled in separate companies, and "never be compelled to serve in the same companies." The Governor is authorized to organize six regiments of infantry, three battalions of cavalry, and one battery of artillery, to be apportioned to three divisions into which the State may be divided, each to constitute a majorgeneral's department.

The Governor has authority to request any five justices in a county to direct the colonel

commanding therein to detail a " sufficient force to preserve the peace and enforce the laws."

"No man shall be an officer or private in the detailed militia unless he be an elector of the State, and first take and subscribe the constitutional oath of office."

"The said detailed militia shall be under the command of the Governor and be subject to his orders, and may be sent to any portion of the State by him."

66

Any officer of said detailed militia shall have power, and it shall be his duty, to use such force as may be necessary, to overcome resistance, in quelling riots or making arrests, and not otherwise."

"The white and colored members of the detailed militia shall not be compelled to serve in the same sections."

SECTION 22. The detailed militia organized under the provisions of this act shall not be used on any casion or under any pretext for any other purpose than to execute the laws and to suppress resistance to the same, and it may be called upon by any peace officer for that purpose. And in case it be called in force shall be used to secure a fair and untrammeled service to preserve the peace in any election, the vote of all electors without regard to their politi opinions, and no member of the force shall, while active duty, be allowed to endeavor to influence vote of any citizen, and any one offending against the provisions of this act shall be deemed guilty of before any Superior Court, shall be fined or ing a misdemeanor, and, on indictment and conviction oned, at the discretion of the Court, and shall furt any office or position that he may then hold under the laws of this State. Every justice of the pesce other peace-officer shall cause all offenders as this act to be immediately arrested, and held to to appear before the next succeeding Superior Court of the County to answer such charge.

The registration act regulates the appoint ment of registrars and judges of election, gives explicit directions regarding the methods of proceeding. The following are the most portant sections:

SECTION 6. Every male person born in the Unite States, and any male person who has been natar ized, twenty-one years old or upwards, who sha ing the election, and thirty days in the county have resided in the State twelve months next preced which he offers to vote, shall be deemed an electr and shall be entitled to registration upon applicati

SEC. 7. Except in cases provided. for in se eleven, of this act, no person shall be allowed to vie at any election unless his name shall be found op the registration books of the precinct in which te offers to vote, unless he shall take and subscribe the following oath: "I, do solemnly swear t affirm) that I will support and maintain the Const tution and laws of the United States, and the cost tution and laws of North Carolina not inconsistz: therewith; that I have been a resident in the of North Carolina for twelve months, and in the for thirty days, and that I ha neither registered nor voted during this election any other precinct." Such person, having taken this oath, shall thereupon be registered.

county of

SEC. 8. It shall be the duty of the judge of electi to keep the registration books for their precinct a the place of holding the election during the day of such election, and to register therein the name of provided legal voter, first administering the oath as in the last section, before receiving the vote of y elector not previously registered.

OBITUARIES, AMERICAN.-January 3.BARROWS, WILLARD, a civil engineer and author, died in Davenport, Iowa, aged 61 years. He was born in Monson, Massachusetts, in 1806, and passed most of his youth in New England. After leaving his home he became a teacher at Elizabethtown, N. J., but soon relinquished that occupation for the profession of civil engineering, in which he successfully labored until a few years ago. In 1835 he finished for the Government the surveys of the Choctaw Purchase in Mississippi, and after completing this work made, in 1837, an exploration to Cedar River, then scarcely known. In the fall of 1837 he was engaged upon the first surveys of Iowa. In 1840 he surveyed the islands in the Mississippi River, between Rock river and Quincy. During the suspension of the surveys he settled at Rockingham, but in 1843, when the surveys were resumed, he was sent into the Kickapoo country. From 1845 to 1850 he was unceasingly at work on Government and county surveys in Iowa. In 1850 he made a journey to the Rocky Mountains, an account of which he subsequently published. In 1854 he published "Barrows's New Map of Iowa, with Notes," and in 1859 wrote a historical sketch of Scott County. At the time of his death he was connected with a banking house in Davenport.

Jan. 3.-SHEARMAN, SYLVESTER G., Justice of the Supreme Court of Rhode Island, died in Providence, R. I., aged 66 years. He was born in North Kingston in 1802, was educated for the law, and entered upon the practice of his profession in Wickford. In 1843 he was elected a Representative to the General Assembly on the "Law and Order" ticket from his native town. In 1848 he was chosen Speaker of the House, and in May, 1855, was elected a Justice of the Supreme Court, the duties of which position he continued to discharge with faithfulness and fidelity until stricken down by the disease which terminated his life. He was a man of strong common sense and unquestioned integrity, and as a debater was remarkable for his readiness and homely wit.

Jan. 8.-GIUDICINI, GIUSEPPE, an architect, scenic artist, and fresco painter, died in New York City, aged 55 years. He was born at Bologna, Italy, in 1812. He began his studies under Prof. Basoli at the Academy of Design in his native town, and afterward studied at Rome and Milan. In 1832 he came to this country, as scenic artist to the first opera troupe that arrived under the management of Signor Montressor. He was the first artist that introduced fresco painting into this country, and nearly all the theatres of New York bear evidence of his talent.

Jan. 10.-BINGHAM, DANIEL H., a prominent lawyer and editor of Alabama, died st Florence, Ala., aged about 70 years. He was a native of Vermont.

Jan. 10.-CoOLEY, Mrs. NANCY, died at Darrtown, Butler County, Ohio, aged 108 years and 17 days. She was born in Virginia in 1759, and emigrated to Kentucky, where she married, and soon after removed with her husband to Ohio, when it was a wilderness.

Jan. 11. REED, Lieutenant-Commander JOHN HENRY, U. S. N., was drowned at the mouth of the Osaka River, Japan. He entered the service in Sept., 1859, and, during the war, he took part in many of the most important naval operations-at New Orleans, Vicksburg the engagement with the ram Arkansas, the siege of Port Hudson, the iron-clad operations off Charleston and Stone River, etc., etc. He was flag-lieutenant of Admiral Bell's squadron, and in attempting, in company with the admiral and thirteen men, to cross the bar st the mouth of the Osaka, the boat was cap sized, and all on board were drowned, with the exception of three men.

Jan. 13.-HASSELTINE, Miss ABIGAIL C., eminent teacher, died at Bradford, Mass. She was a woman of superior intellect and extensive attainments, and, for a period of fifty years (1815-1865), was preceptress of Bradford Fe male Academy, educating several thousand young ladies, many of whom have subsequently filled important stations. She was a siste of Mrs. Ann Hasseltine Judson, the first wife and sharer in the toils and trials of the disti guished missionary, Dr. Adoniram Judson.

Jan. 13.-STEELE, General FREDERICK, late commander of the Military Department of the Columbia, died at San Mateo, Cal. He entered the army in 1843, and served with distinctica in the Mexican War, having been twice be vetted for gallant and meritorious services first at the battle of Contreras, and again st the battle of Chapultepec. During the ste civil war he held several important commands, and was distinguished in numerons engage ments, being promoted to the rank of maj general of volunteers, and brevet major-ga eral in the army. At the siege of Vicksburg he commanded the Fifth Division of Grant's army, and headed many of the most important storming parties during the siege. He subse quently had command of the Departments Arkansas, which he held until the close of the

war.

In 1865 he was transferred to Tex and placed in command of the troops en the Rio Grande, but during the same year wa appointed to the Department of the Colum

was born in Burlington, Vt., in 1751, and lived on Long Island when the British invaded New York.

Jan. 19.-CAMPBELL, JOHN H., a prominent lawyer and politician of Philadelphia, died in that city. He was a native of Pennsylvania, and represented the Third District in Congress between 1845 and 1847, when he declined a renomination, though pressed by his constituency to accept it.

Jan. 19.-DICK, JAMES T., an artist of great promise, died in Brooklyn, L. I., aged 34 years. He was a native of New York, and a son of A. L. Dick, whose engraving of "The Last Supper" gained him an enviable position among artists. The subject of this sketch manifested from infancy a love for art, and at the age of fourteen, while on a visit to England with his father, entered as a competitor for the prizes of the Manchester Academy of Design, and carried off a majority of them. Among his most popular productions are "Cooling Off," "LeapFrog," and "At Mischief." Mr. Dick was one of the organizers of the old Brooklyn Art School, from which sprang the present Art Association, and was also one of the founders of the Academy of Design.

Jan. 20.-DILL, VINCENT LEMUEL, the oldest practical stereotyper in America, died in Brooklyn, E. D., aged 73 years. He was one of the first to cast stereotype plates in this country.

Jan. 21.-DAVIS, JAMES, an eminent Vermont lawyer and politician, died at St. Albans, Vt., aged 85 years. He was born in North Kingston, R. I., and removed to St. Albans in 1810. In 1829 he was a member of the Constitutional Convention, and of the Executive Council in 1830. In 1843 and 1844 he was Assistant Judge of the County Court. He also served five years as Judge of Probate.

Jan. 21.-VANDERBERGH, FEDERAL, M. D., an eminent homœopathic physician, died at Rhinebeck, N. Y. He was born in Beekman, Dutchess County, N. Y., May 11, 1788; studied medicine and entered upon the practice of his profession with a license in 1808. In 1815 he removed to Geneva, N. Y., and in 1822 changed his residence to the city of New York. In 1826 he received the degree of M. D. from the medical department of Yale College. In 1833 he adopted the system of Hahnemann, known as homoeopathy, and continued in the practice thereof until his death.

Jan. 24.-LORD, Rev. NATHAN L., M. D., a missionary and physician of the Madura Mission, A. B. C. F. M., and previously of the Ceylon Mission, died in New York City. He was born in Norwich, Conn., December 8, 1821. In 1829 he removed with his family to Fairview, Pa., and in 1837 to Ellsworth, Ohio; was educated at the Western Reserve College, where he graduated in 1847, and after completing a theological course was employed for a time as agent and financial secretary of the college. Having decided to devote himself to the mis

sionary work, he was ordained in October, 1852, and sailed with his wife for Ceylon. After six years of faithful labor, the failure of his health compelled him to return to this country, where he spent nearly four years, during a portion of which time he performed with great acceptance the duties of a district secretary of the Board of Missions, in the southern districts of the West. He also attended several courses of medical lectures, receiving the degree of M. D. at Cleveland, Ohio. In 1863 he sailed with his wife and children for the Madura Mission, but the climate of India was unfavorable to his debilitated state, and, his wife also being in feeble health, he was compelled again to return to the United States, reaching New York in June of 1867. With a view of prosecuting his medical studies he arranged his plans for spending the winter in the city, but the termination of his disease was sudden and unexpected.

Jan. 26.-DEAN, AMOS, LL. D., an able jurist and author, died in Albany, N. Y. He was born at Barnard, Vt., Feb. 16, 1803, and received his collegiate education at Union College, where he graduated in 1822. Having made choice of the legal profession, he commenced its study under Jabez D. Hammond and Judge Alfred D. Conkling, two names of great eminence in the State history. On his admission to the bar, he formed a partnership of long continuance with Mr. Azor Taber, and soon attained a high reputation for his profound legal attainments. In 1833 he projected the Young Men's Association of Albany, of which he was a lifelong friend and supporter. In 1834 he delivered before it an interesting course of lectures, subsequently published. He prepared numerous treatises on law subjects, all of which have been recognized as standard works on their respective topics. In 1851, at the organization of the law school, he was appointed a professor, and he had also filled the chair of Medical Jurisprudence in the Albany Medical School, we believe, from its organization in 1839. He had been engaged for some years upon an extensive and elaborate work on the "History of Civilization," which his death leaves incomplete.

Jan. 26.-HARNEY, J. H., an editor and author, died in Louisville, Ky. He was the author of an excellent treatise on Algebra, with the hardest problems ever inserted in a mathematical text-book. For many years he had been connected with the daily press, and at the period of his death was editor of the Louisville Democrat.

Jan. 26.-MOTT, JAMES, husband of Lucretia Mott, the Quaker preacher, died in Brooklyn, L. I. He was born at Manhasset, Long Island, in 1788, but when a very young man removed to Philadelphia. During the religious controversy which so long troubled and ultimately divided the Society of Friends, Mr. Mott took an active part in support of the "Liberalists.' He was also a cordial sympathizer with the