Volume II Part 60 (2/2)
The so-called election for a Convention was held in November, and the Convention a.s.sembled on February 14, 1868. The Bill of Rights adopted contained similar clauses to the one adopted by the Virginia Convention.
The Const.i.tution was ratified, and State officers, members of the Legislature, and representatives to Congress were elected on April 23d. The vote for the Const.i.tution was 93,118; against it, 74,109.
The so-called Republicans had a majority of seventy on joint ballot in the Legislature.
The State officers elected under the plan of President Johnson had continued in the peaceful administration of their duties. Therefore, on the day of the inauguration of the newly-elected Governor (Holden) the existing Governor (Worth) made a spirited protest, saying:
”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 you 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 const.i.tutionality 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 on 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 so-called Legislature a.s.sembled on the appointed day, and the fourteenth amendment to the Const.i.tution of the United States was at once ratified, and on July 11, 1868, the President announced by proclamation that ”North Carolina had complied with the conditions prescribed by Congress for her restoration to an equal place in the Union of States.”
In South Carolina, proceedings were commenced on June 20, 1865, when President Johnson issued a proclamation similar to the one in the case of Virginia, and appointed Benjamin F. Perry as provisional Governor of the State. He continued all persons in office on taking the amnesty oath, and all laws in force prior to the secession of the State were maintained except those conflicting with the proclamation; delegates to a so-called State Convention were elected on the first Monday of September, and the Convention a.s.sembled on the 13th to amend the State Const.i.tution. The ordinance of secession was repealed and slavery abolished. Blacks were made witnesses in all cases where the rights or property of persons of that cla.s.s were involved. An election of State officers and a so-called Legislature were held. The latter convened on October 25th. The thirteenth amendment to the Const.i.tution of the United States prohibiting slavery was ratified.
On November 29th the provisional Governor retired, and the so-called Governor-elect (Orr) was inaugurated. The work of the Legislature was very complete. The courts were open to all persons, with equal civil rights, without distinction of color, and Major-General Sickles, commander of the Military Department of North Carolina and South Carolina, ordered all civil and criminal cases to be tried before them in which the parties were civilians. Previous to this order, and after the cessation of hostilities, provost-marshals and military courts were detailed for duty all over the State. These officers knew only the law martial, and generally very little of that; and took jurisdiction of all cases both civil and criminal, occasioning great annoyance, expense, and vexation, deciding as their prejudice, caprice, or ignorance suggested. After the completion of the so-called State government, however, the vacancies on the bench were filled, and the courts opened throughout the State.
Still the people were made to feel that the military hand was over all. A case occurred in the court in Charleston, before Judge A. P.
Aldrich, in which a white man was indicted for petty larceny, tried, and found guilty. The punishment prescribed by the law of the State for this offense was whipping. To this punishment the offender was sentenced. On the next day an armed soldier came to the court-house inquiring for the Judge, who was absent. To an inquiry of the sheriff as to his business, he replied that he was ordered to require the Judge to report at General Bennet's headquarters, who was the military commander of the district. On the next day another soldier in full uniform came to the lodgings of the Judge with a note from the General requesting the former to report at headquarters.
The reply of the Judge was: ”As I have no business with you, I decline to report. If you have business with me, it will give me great pleasure to receive you.”
On the next day an adjutant appeared saying: ”The General is very much engaged, and asks you to come to his office. I will wait your convenience.”
”I see I am under arrest,” replied the Judge. ”I will go now.”
The adjutant, in full uniform, escorted him through the most public parts of the city to headquarters, and, entering the office, announced him. The General was sitting, with his cap on, and writing.
After some time, having finished, he looked up and said, ”Sit down,”
adding, ”That was a curt note you sent to me yesterday.”
”No, sir,” answered the Judge, ”I intended it to be respectful, but, as I had no business with you, I did not see why I should be required to come to your office.”
”Do you dispute the authority of the United States Government?” asked the General, tartly.
”No, sir; I am here in obedience to that authority, but I have always supposed that, as a mere matter of courtesy, when one gentleman has business with another, he calls on him. As a matter of etiquette, I believe a Judge of the Superior Court of a State is equal in rank to a brevet brigadier-general.”
”We will not discuss the question of rank,” replied the General, ”but General Sickles requests you to revoke your sentence of the other day and impose some other penalty.”
The Judge replied: ”I do not impose the penalty; it is the law, and I have no discretion.”
He then explained the law, and said there was no relief except by a pardon of the Governor, or by taking the prisoner out of the custody of the sheriff. A few days after, the prisoner was taken from the custody of the Sheriff and discharged. The proceeding was brought to the knowledge of the so-called Governor, who applied to General Sickles to suspend his order, but the latter declined; whereupon the Judge, then at Columbia, to hold the court of the circuit, declared that he would adjourn the court and not proceed on his circuit; that he would not go through the farce of holding a court when judgments and sentences could be arrested and prevented by military order. He then adjourned the court, and pa.s.sed an order refusing to hold courts while the military order was in force. General Sickles also issued an order reversing a judgment of the Supreme Court. The President about the same time countermanded a like order of the General in North Carolina, and the Judge resumed his duties.
Under the act of Congress of March 2, 1867, the State was divided into ten military districts, and a post commander appointed for each.
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