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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 : EXECUTIVE DEPARTMENT, "RALETCH, Fay1,1868.} 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 intimated to the judge my opinion that such proceed day the President of the United States aning was prematuro, even under the reconstruction nounced by proclamation that North Carolina lezislation of Congress, and that I should probably had complied with the condition prescribed by
at sundown yesterday evening I received from Congress for her restoration to an equal place Colonel Williams, commandant of this military post,
in the Union of States. This consummated an extract from the General Orders, No. 120, of Gen- the reconstruction of the State of North Caro eral 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, 1863. 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 Gorernor of North Carolina, W. W. Holden, . Governor the organization of an armed police, to be emelect, vice Jonathan Wortb, removed; to be Lieutenant- 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, appointees 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 pou 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 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 speedy 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 houses organized for the business of the ses
The Legislature, which met on the first of sion. On the second day the 14th amendment August, and passed a variety of laws, those of
July, continued in session until the 22d 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 trans- 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 Ercellency, W. W. Holden, Governor of North
distinction of race, color, or previous con
dition." Your telegram, announcing the ratification of the
No legislative action was taken Constitutional Amendment by the Legislature of founded on any such distinction, but the sentiNorth Carolina, has been received, and instructions ments of the Conservatives on the subject are
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 his himself.
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 shall 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 such force as may be necessary, to overcome 3. That the governments of the United States and resistance, in quelling riots or making arrests
, 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
. Assemblies of North Carolina so to shape their le- the same sections." gislation as to secure the rights of life, property, and liberty, to all men residing in the Statē, without re- the
provisions of this act shall not be used on any de
SECTICA 22. The detailed militia organized under gard to race, former condition or color, but at the casion or under any pretext for any
other part *** same time to recognize the natural distinctions of than to execute the laws and to suppress resistance 5. That, in carrying out their purposes, it is the duty officer for that purpose. And in case it be called is
to the same, and it may be called upon by any peace of this General Assembly, in providing for the estab- service to preserve the peace in any election, the lishment of a system of common schools for public force shall be used to secure a fair and untramme instruction, to provide especially for the education of vote of all electors without regard to their politis. white children in schools separate from those pro- opinions, and no member of the force shall, sibile ta vided for negro children. 6. That, in forming a militia system, special provi- vote of any citizen, and any one offending against
active duty, be allowed to endeavor to influence 1. sion shall be made for organizing the white militia the provisions of this act shall be deemed guilty from the negro militia. 7. That stringent provision shall be made, by, ap- before any Superior Court, shall be fined or ingais
a misdemeanor, and, on indictment and convictic propriate legislation, to prevent the intermarriage oned, at the
discretion of the Court, and shall fita i of the white and negro races in this state, and to any office or position that he may then hold under punish the crime of miscegenation. 8. That these resolutions embody principles and a other peace-officer shall cause all offenders agains
the laws of this state. Every justice of the peace course of policy vital to the interests of the people of this aet to be immediately arrested, and held to : this State and of the whole Union, as well as to the to appear before the next succeeding Superior Cours interests of enlightened civilization and good and of the County to answer such charge. stable government, and all efforts to avoid or prevent a free, fair, and candid expression of opinion touch The registration act regulates the appoia: ing these principles ought to be, and will be, regarded ment of registrars and judges of election, and as unfriendly to the well-being of society.
gives explicit directions regarding the methals The subject of a system of public education of proceeding. The following are the most is occupied considerable attention, but nothing portant sections: more was done than to adopt a resolution in SECTION 6. Every male person born in the Trial structing the Board of Education to prepare States, and any male
person who has been natura: and report a plan and code of laws for the or- ized, twenty-one years old or upwards, who ales ganization, government, etc., of the public free have resided in the State twelve months next prece!
ing the election, and thirty days in the couny : schools."
which he offers to vote, shall be deemed an eiersi. The following are the leading provisions of and shall be entitled to registration upon applicatira the militia act:
Sec. 7. Except in cases provided for in sc: Every person liable, is required to serve, un eleven, of this act, no person shall be allowed to vie less he pays a yearly contribution of two' dol at any election unless his name shall be found :
the registration books of the precinct in which lars, or is exempted under the certificate of a offers to vote, unless he shall take and subscribe tar physician.
following oath: “İ, do solemnly svete The Governor appoints and commissions all affirm) that I will support and maintain the C'est officers.
tution and laws of the United States, and the cor:: The white and colored militia are to be en- therewith ; that I have been a resident in the use
tution and laws of North Carolina not inconsiste: rolled in separate companies, and never be of North Carolina for twelve months, and the compelled to serve in the same companies." county of
for thirty days, and that I ha e The Governor is authorized to organize six neither registered nor voted during this election 3 regiments of infantry, three battalions of caval- any other precinct." Such person, having taken ska
oath, shalt thereupon be registered. ry, and one battery of artillery, to be appor SEO. 8. It shall be the duty of the judge of electie tioned to three divisions into which the State to keep the registration books for their precincts may be divided, each to constitute a major- the place of holding the election during the day! general's department. The Governor has authority to request any in the last section, before receiving the vote of €
legal voter, first administering the oath as provided five justices in a county to direct the colonel elector not previously registered.
Seo. 6. Any person who shall, with intent to March 6, 1798; died in Cambridge, Mass., ommit a fraud, vote at more than one time, shall be June 3, 1868. His early training and prepauilty of a misdemeanor, and, on conviction, shall le imprisoned not less than six'nor more than twelve ration for college were acquired under great nonths, or fined not less than one hundred nor more difficulties, but by zeal and energy he surhan five hundred dollars, at the discretion of the mounted them all, and entered Harvard Colourt; and any registrar of voters or any clerk or lege, and, having sustained himself in part by ent to commit a fraud, shall be liable to the same with a debt of only $150. This he paid opyist, who shall make any entry or copy with in- teaching during his course, graduated in 1818 enalty.
880. 7. No registered voter shall be challenged on from the salary received for teaching the he day of election, but those offering to register on academy at Framingham the year after his he day of election may be challenged, and every graduation. He then entered the Divinity erson applying for registration before the election School at Cambridge, and passed through the uay 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 ng that which was first passed. The registra- further the philological and biblical studies in ion of legal voters under this law commenced which he had become deeply interested, he in the 15th of October, in preparation for the did not seek a settlement at once, but remained residential 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 atify the nominations and approve the plat- of a small Congregational (Unitarian) Society orm of principles made at their respective na- in Brookfield, Mass., October 31, 1827. The ional conventions for President and Vice- salary was inadequate for his support, but he ?resident of the United States, and both acted remained in Brookfield for seven years, devotn harmony with the same parties throughout ing his leisure to studies not immediately conhe country in the excited campaign of the nected with the pulpit. In October, 1834, he lutumn.
was installed pastor of the First CongregaThe whole vote of the State in the presiden- tional (Unitarian) Society in Petersham, Mass., ial election was 165,841 ; of these 92,241 were where he remained until September, 1840, or the electors nominated by the Republican when he accepted the Hancock professorarty, and 73,600 for the Democratic electors; ship of Hebrew and other Oriental languages çiving a popular majority in favor of the elec- of sacred literature in Harvard College, and ion 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. PalFear toward resuscitating the material interests frey. The year previous he had received the of the State, and establishing railroads from degree of Ď. D. from Harvard College. He yoint to point. The Commonwealth is bur- continued in the discharge of the duties of lened with a debt which, on the 1st of Octo- this professorship until his death, officiating ser, amounted to $19,208,945, including bonds occasionally also as college chaplain and preachssued for internal improvements to the er. Dr. Noyes had been long conspicuous as Imount 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 nterest falling due in the course of the present with the best in the country. He had devoted iscal year, ending September 30, 1869, will much of his time for many years to the transImount 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. jame period are estimated at $375,230, mak- He published some years since translations of ng the demands on the treasury $1,407,826 for the poetical and prophetic books of the Old he year 1868–69. To meet these, the Treas- Testament, which he had recently revised, and irer has $50,034.84 on hand, and the remain- to which he had added copious notes. These ler must be raised by taxation. The value of were published in four volumes, by the Amerproperty in the State on which this revenue is ican Unitarian Association, in 1866 and 1867. o 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, oly commenced on the 16th of November, and was completed and passing through the press ontinued into the year 1869. The principal at the time of his death. It constitutes a natters under consideration related to the fifth volume of his translations, and is a monuinances of the State and the reëstablishment ment of careful and accurate biblical learning. yf her material prosperity.
Besides these, he had published a Hebrew XOYES, GEORGE Rapall, D. D., an Amer- Reader, and several occasional sermons and can Unitarian clergyman, professor, and addresses, and had edited a volume of theoloOrientalist, born in Newburyport, Mass., gical essays by various authors.
O OBITUARIES, AMERICAN. -- January 3. Jan. 10. — BINGHAM, DANIEL H., a promiBARROWS, WILLÁRD, a civil engineer and au- nent lawyer and editor of Alabama, died at thor, died in Davenport, Iowa, aged 61 years. Florence, Ala., aged about 70 years. He was 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 at 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-Commander 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 enterad ploration to Cedar River, then scarcely known. the service in Sept., 1859, and, during the war. In the fall of 1837 he was engaged upon the he took part in many of the most important first surveys of Iowa. In 1840 he surveyed naval operations--at New Orleans, Vicksburg, the islands in the Mississippi River, between the engagement with the ram Arkansas, the Rock river and Quincy. During the suspen- siege of Port Hudson, the iron-clad operations 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 squst he 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 st Government and county surveys in Iowa. In the mouth of the Osaka, the boat was cap1850 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 C., Map of Iowa, with Notes," and in 1859 wrote eminent teacher, died at Bradford, Mass. Sle a historical sketch of Scott County. At the was a woman of superior intellect and extatime of his death he was connected with a sive attainments, and, for a period of fifty years banking house in Davenport.
(1815–1865), was preceptress of Bradford Fe Jan. 3.-SHEARMAN, SYLVESTER G., Justice male Academy, educating several thousar: of the Supreme Court of Rhode Island, died young ladies, many of whom have subsequestin Providence, R. I., aged 66 years. He was ly filled important stations. She was a siste: born in North Kingston in 1802, was edu- of Mrs. Ann Hasseltine Judson, the first wife cated for the law, and entered upon the prac- and sharer in the toils and trials of the distintice 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, fate 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 be duties of which position he continued to dis- vetted for gallant and meritorious servicescharge with faithfulness and fidelity until first at the battle of Contreras, and again s stricken down by the disease which terminated the battle of Chapultepec. During the ste his life. He was a man of strong common civil war he held several important commands 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 macrhomely wit.
general of volunteers, and brevet major-getJan. 8.-GIUDICINI, GIUSEPPE, an architect, eral in the army. At the siege of Vicksbar scenic artist, and fresco painter, died in New he commanded the Fifth Division of Gran: 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 sabse under Prof. Basoli at the Academy of Design quently had command of the Department in his native town, and afterward studied
at Arkansas, which he held until the close of the Rome and Milan. In 1832 he came to this war. In' 1865 he was transferred to Texs country, as scenic artist to the first opera and placed in command of the troops on the troupe that arrived under the management of Rio Grande, but during the same year va Signor Montressor. He was the first artist appointed to the Department of the Colum that introduced fresco painting into this coun- bia. try, and nearly all the theatres of New York Jan. 16.--HASKINS, Mrs., died at Camden, bear evidence of his talent.
Ohio, at the advanced age of 116 years. S:
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 họ 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 Design, 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 ecutive 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 homeopathic 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 lence 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 aucal department of Yale College. In 1833 he thor, died in Louisville, Ky. He was the author dopted 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 mathematihereof until his death.
cal text-book. For many years he had been Jan. 24.-LORD, Rev. Nathan L., M. D., & connected with the daily press, and at the pe. nissionary and physician of the Madura Mis- riod of his death was editor of the Louisville ion, A. B.O.F. M. and previously of the Cey- Democrat. ın Mission, died in New York City. He was Jan. 26.-Mott, JAMES, husband of Lucretia orn in Norwich, Conn., December 8, 1821. In Mott, the Quaker preacher, died in Brooklyn, 329 he removed with his family to Fairview, L. I. He was born at Manhasset, Long Island, a., and in 1837 to Ellsworth, Ohio; was in 1788, but when a very young man removed lucated at the Western Reserve College, where to Philadelphia. During the religious contro
graduated in 1847, and after completing a versy which so long troubled and ultimately leological course was employed for a time divided the Society of Friends, Mr. Mott took | agent and financial secretary of the college. an active part in support of the “Liberalists." aving decided to devote himself to the mis- He was also a cordial sympathizer with the