Gambar halaman

rightful authority to and the independence of the facto law, or law impairing the obligation of Executive and Judiciary, and the subordination of contracts." His language on this point is: the military to the civil power. 7. Equal rights and protection for naturalized and

This act declares that no person shall vote at the native-born citizens at home and abroad, and the election for delegates to said convention who assertion of American nationality which shall com- not, if duly challenged, take and subscribe an outh mand the respect of foreign powers and furnish an that he has not done certain acts mentioned therein, example and encouragement to people struggling for and inflicts the penalty of political disfranchisement. national integrity and constitutional liberty.

without any preliminary examination or trial, for s 8. That the thanks of a grateful people

are ever due refusal to take said oath. Thus the citizen is de to the soldiers and sailors who perilled their lives in prived, upon declining, of a right guaranteed by the defence of the Republic, and that their claims upon Constitution and the

laws, and one of the most inesthe Government and the people shall be held sacred timable privileges of a free government. There car and inviolable.

be no doubt, I think, that to deprive a citizen of the 9. That the nation is under deep and lasting obli- privilege of exercising the elective franchise for any gation to President Andrew Johnson, who, deserted conduct which he has previously been guilty of, is to by a party which proved faithless to the principles inflict a punishment for the act done. It imposes and pledges upon which it came into power, has re upon him a severe penalty, one which by the laws of spected his oath to maintain and defend the Consti- the State is a part of the punishment inflicted after tution, and who will be honored in history as one of conviction for felony. It arbitrarily and summarily, the most determined defenders of American liberty; and without any of the forms of law, punishes for a and that Chief-Justice Chase, who, in the trial insti- offence created by the law itself. tuted to depose the Executive as an obstacle to par


the act in question was passed by the Legis tisan and revolutionary purposes, proved faithful to lature, there was no law in this State which es. his high trusts, and restored the Judiciary to its demned or characterized the conduct which is puancient renown, is entitled to the gratitude not only ished in this act, by depriving the citizen of the rigt of the Democracy of this state and nation, but of all of suffrage. This law created a new crime, and makes friends of civil government.

an offence which did not previously exist. It a

ishes for an act which was not a crime when comm. In relation to State affairs the following was ted. Besides, the statute in question, in violation et adopted :

the rules of the common law, pronounces judgmen: Resolved, That all registration and excise laws of condemnation without evidence, without any coshould be uniform in their operation throughout the portunity to defend against the charge,

and its State; and that the

execution of excise laws and the any trial. It makes the party the accuser of himee collection of fees under them should be made through and his refusal to acquit himself, his own condens the local authorities in the several counties.

tion. It punishes for an offence, before an accustic

is made and a trial had judicially, according to the The election took place on the first Tuesday constitution and the laws of the land. It in of November, and resulted in favor of the him, in a direct violation of the Constitution of Democratic candidates both for State officers United States, to be a witness against himself. 113 and Presidential electors. The whole

vote for duce his conviction, and seals his guilt. The ob

refusal to testify that he is innocent operates to jo Governor was 850,656, of which Hoffman of the fifth amendment was to prevent the party fra received 439,301 and Griswold 411,355, giving being called upon as a witness of his own guilt. T. the former a majority of 27,946. The entire compel him to testify would violate this prorisie; vote cast for Presidential electors was 849,766, and indirectly to make his refusal to testify a care of which 429,883 were for electors pledged an evasion of the provision cited.

for punishment effects the same purpose. It is ex to vote for Seymour, and 419,883 were in favor of the election of Grant. Seymour's

The act prescribing this oath is also declared majority in the State was just 10,000. Thirty- to be contrary to the provisions of the casti one members of Congress were chosen, of tution of the State. The Judge says: whom thirteen are Democrats, and eighteen I am also of the opinion that the statute in quan Republicans. The Legislature of 1869 has 17 tion violates the constitution of the State of tir

York. Republicans, and 15 Democrats in the Senate,

The first section of the second article of the em and 76 Repúblicans and 52 Democrats in the stitution prescribes the qualifications of electors, whe Assembly. In the City of New York there shall be entitled to vote for all officers that pos : were 173,683 voters registered, 165,894 votes hereafter may be elected by the people.” were cast for Governor, of which 112,522, or a

The second section of the nineteenth article pe majority of 69,150 were given for Mr. Hoff- convention shall be called, to the electors qusik

vides for the submission of the question, whethrt * man. The full vote for Mayor in December to vote for members of the Legislature, and in exse was 95,944, of which A. Oakey Hall received majority of the electors so qualified voting at sock 75,109, or a majority of 54, 274 over Fred. election shall decide in favor of such convention is A. Conkling, the Republican candidate.

such a purpose, the Legislature shall provide for the The Court of Appeals pronounced a decision clause does not confer upon the Legislature se

election of delegates to such convention." T2 against the legality of political test oaths at power to create disabilities not existing at the tir" the November term. The case arose under under the Constitution, or to restrict the right to the act of 1867, providing for a conven- suffrage which the Constitution has established. tion to revise and amend the Constitution of right to determine who were entitled to the privil

would be extraordinary if the Legislature had tle the State, which excluded from the privilege of voting, and thus, in the exercise of an unlimited of voting all persons who refused to take a discretion, be able to disfranchise any clase of een prescribed oath. Judge Miller held the opinion zens, when the right is already clearly establish-d. that this was inconsistent with the clause of of the constitution of this state, which declares there the Federal Constitution which declares that

"no member of this State shall be distranchised: “no State shall pass any bill of attainder, ex post deprived of any of the rights or privileges secund

291 02

any citizens thereof, unless by the law of the land or

The following statement exhibits the finanthe judgment of his peers." * The law of the land" cial condition of the canals: does not mean a statute passed for the purpose of working the wrong, but the law which existed at the

Canal Fund. time when the alleged offence was perpetrated. The Balance on hand October 7, 1867

$3,840,935 66 provision was intended to restrict the power of Received during the year.

5,681, 226 11 the Legislature (Wynehammer agt. The People, 18 N. Y., 393, 394, and 416, and cases cited). The Paid during the year....


$9,522,161 77

4,823,239 33 section in question pronounces a judgment and disfranchises the elector without judge or jury, or Balance September 30, 1868...

$4,698,922 44 any of the forms required by the ordinary course of

Revenues and Expenditures. legal proceedings.

Receipts from tolls...

$4,417,559 50 It also violates section six of article one, which de- Receipts from rent of surplus water.

750 00 clares that no person shall be held to answer for a

Interest on current revenues.

32,791 69 crime, except on presentment of a grand jury; and Miscellaneous receipts...

26,444 98 the second section of the same article, which secures

Total...... the right of trial by jury in all cases in which it bas Payinents to commissioners for repairs..... $441,647 18

$4,477,546 17 heretofore been held inviolate.

To contractors for repairs..

775,118 74 At the beginning of the fiscal year, October To superintendents for repairs....

To collectors for salaries, etc.

76,761 11 1,1867, there was a deficiency in the revenues of. To weighmasters.

13,347 70 the State of $2,860,586.38. The payments made Miscellaneous.

77,079 29 during the year amounted to $10,208,198.46,


$1,184,245 04 thus giving $13,068,784.84 to be provided for Surplus revenues, mostly applied to the sinkby taxation, while the receipts from that source

ing funds...

$3,293,801 13 were $10,112,331.30, leaving a deficiency of

The produce of the State salt springs of On$2,956,453.54.' This was afterward made up ondaga for the year was 8,793,514 bushels, by the payment of $4,000,000 due from the city yielding a revenue of $88,049.47' obtained at of New York. The receipts of the year on ac- an expense of $49,238, which leaves the net count of all the funds of the State, with the excep- profit to the State at $38,811.47. tion of the canal and free-school funds, amounted

The earnings and expenses of the State Pristo $16,003,178.53, and the payments on the ons are as follows: same account were upward of $15,000,000,

Sing Sing..

$135,363 78 which left a balance of $748,521.41. The State Auburn

125,334 89 tax levied in 1868 was 54 mills on each dollar Clinton.

238,428 55 of taxable property, and was distributed as fol


$499,127 65 lows: For schools, 14 mills; for general pur

Expenses. poses, 17 mills; for canals, 11} mill; for bounty

Sing Sing...

$303,364 86 debt, 21 mills; and for the Whitehall and Anburn..

208,839 53 Plattsburgh work, 1 mill; all of which yield


420,008 31 ed a total revenue of $10,243,317.01.


$932,212 20 The State debt, on the 30th of September, 1867, was $48,367,682.22, classified as follows:

The following figures relate to the Public

Schools: General Fund Debt..

$5,642,622 22 Contingent. 130,000 00

Receipts. Canal.

15,733,060 00 Amount reported on hand, Oct. 1, 1867..... $1,197,924 70 Bounty. 26,862,000 00 Apportioned to districts.

2,315,166 80 Proceeds of Gospel and School Lands..

22,843 46 Total.. $48,367,682 22 Raised by Local Taxation...

6,311,186 12 On the 30th of September, 1868, the total From all other sources..

633,346 58 funded debt was reduced to $44,968,786.40,


$10,480,467 66 classified as follows:

Expenditures. General Fund...

For teachers' wages. $4,707,826 40

$5,586,546 42 Contingent..

For libraries...

26,926 48 68,000 00 Canal.

For apparatus...

234,382 34 14,249,960 00

For colored schools.. Bounty.

64,765 58 25,943,000 00

For school-houses, sites, repairs, furniture,

etc.... Total.....

2,166,566 23 $44,968,786 40 For all other incidental expenses..

930,640 61 The following statement shows the amount Amount reported on hand, Oct. 1, 1868. 1,470,610 01 of the State debt on the 30th of September,


$10,480,467 66 868, after deducting the unapplied balances

Statistical. of the sinking funds of that date:

Number of children of school age.

Number of children attending school some por-
Balance of Debt tion of the year..

Sinking Funds, after applying Number of teachers employed in common
September, 1868.
Sept. 30, 1868. Sinking Funds. schools for 28 weeks or more...

16,580 Number of male teachers....

5,883 cneral Fund $4,707,826 40 *$153,178 54 $4,554,647 85 Number of female teachers..

21,870 ontingent... 68,000 00

15,517 82 52,482 18
Number of school districts.

11,731 anal. 14,249,960 00 4,017,282 43 10,232,727 57 Number of school-houses..

11,673 ounty 25,943,000 00 +1,918,408 87 2,024,591 13 Number of volumes in district libraries. 1,064,229

priated Total..... $44,968,786 40 $6,104,837 66 $38,864,448 74 Amount of public money to be

during current fiscal year.....

$2,520,000 * Includes $350,000 due October 1, 1868, and since paid. + Deducting interest accrued to October 1, 1868, payable which was called to frame a new constitution

NORTH CAROLINA. The convention, inuary 1, 1869.

Debt on the 30th

Balance of the

for the State of North Carolina under the The only oath, prescribed for every person reconstruction acts of Congress, met at Raleigh on his induction into office, is the ordinary ason the 14th of February, and proceeded to the severation that he will support the Constitution work appointed for it without delay. Some and laws of the United States and of the State little sensitiveness was displayed at first in a of North Carolina, and that he will perform, resolution, adopted on the second day of its to the best of his ability, the duties which he session, that "no reporter for any newspaper assumes in accepting the official position. be allowed upon this floor, who treats the The article on the judiciary abolishes the convention or any of its members with dis- distinction between actions at law and suits in respect, but that they shall, in case of offence equity, and provides for the establishment of a in this respect, be excluded from the floor of supreme court, superior courts, courts of the hall, and from the galleries." The "dis- justices of the peace, and special courts. The respect " which called forth this rule consisted Supreme Court consists of a chief-justice with in designating the colored members by the four associates, and exercises in general matword "negro," placed after their names in the ters only an appellate jurisdiction. The judges reports of the proceedings. The only impor- of both the Supreme and Superior Courts are tant discussions which arose during the sittings to be elected by the suffrages of the qualified of the convention were connected with the voters of the State, and hold their positions for subject of equal rights for whites and blacks, a term of eight years. In the constitution, as framed and adopted, no The elective franchise is conferred upon distinction of races is in any way recognized, every male person, twenty-one years of age and though attempts were made by the members upward, native in the country or legally nate opposed to the enfranchisement of negroes, to ralized, who shall have resided in the State introduce provisions looking to various dis- twelve months next preceding the election. criminations to be made by future Legislatures. and thirty days in the county in which he of The principal debate on this topic occurred on fers to vote. No exception to this rule is made the consideration of the article regulating the whatever, but “no person shall be allowed to suffrage, and on that making provision for the vote without registration, or to register withorganization and management of public schools. out first taking an oath or affirmation to supOne member made an elaborate speech to port and maintain the Constitution and laws show “the physical and mental inferiority of of the United States, and the constitution and the African race, which rendered it unfit to laws of North Carolina, not inconsistent thert live on a footing of social and political equality with." with the whites."

The only persons disqualified from holding In the Bill of Rights are these declarations: office are: "First, all persons who shall day SECTION 4. That this State shall ever remain a the being of Almighty God. Second, all permember of the American Union, that the people sons who shall have been convicted of treasca, thereof are part of the American nation; that there perjury, or of any other infamous crime, since is no right on the part of this state to secede, and becoming citizens of the United States, et that all attempts, from whatever source, or upon of corruption or malpractice in office, unless said nation, ought to be resisted with the whole such persons shall have been legally restorů power of the State.

to the rights of citizenship." Sec. 5. That every citizen of this State owes par On the subject of the right of saffrage and amount allegiance to the Constitution and Government of the United States, and that no law or ordi- of eligibility to office, two minority reports nance of the State, in contravention or subversion were submitted by different members of the thereof, can have any binding force.

committee which had those subjects under SEO. 6. To maintain the honor and good faith of consideration. One of these was in favor of the State untarnished, the public debt, regularly con- introducing restrictions which would exclude tracted before and since the rebellion, shall be regarded as inviolable and never be questioned; but

a large portion of the blacks who had "recentthe State shall never assume or pay, or authorize the ly emerged from slavery, and were unfitted by collection of, any debt or obligation, expressed or previous education and habits of thought and implied, incurred in aid of insurrection or rebellion self-reliance, for the intelligent discharge of against the United States, or any claim for the loss the duties and responsibilities which would or emancipation of any slave.

Seo, 33. Slavery and involuntary servitude, other- devolve upon them;" and the other propose wise than for crime whereof the parties shall have such limitations as would deprive those, lo been duly convicted, shall be, and are hereby, forever took a prominent part in the cause of the prohibited within this State.

South in the late civil war, from participatire The elections for members of the General in the rights of citizenship. Neither of these Assembly are hereafter to be held on the first reports had any influence in shaping the preThursday in August of alternate years, com- visions of the organic law of the State, and to mencing in 1870, and that body is to meet on reference is to be found in that instrumen: the

third Monday in November. There are to either to a distinction of races or to the loyalty be 50 Senators and 120 Representatives, each or disloyalty of any class of citizens. holding office for two years. The term of of On the subject of education, ample powers fice of all the executive officers of the Govern- are given to the Legislature to establish and ment is four years.

support an effective school system, and pro

vision is made for the management and main- vote of the people was to be taken on the . tenance of the State University. It is pro- ratification of the constitution, appointed the vided that the public schools shall be open, free 21st, 22d and 23d of April for that purpose, of charge, to all children of the State between and further provided that at the same election the age of six and twenty-one, and the Gen- Senators and Representatives to the General eral Assembly is empowered to enact that Assembly, and all the State and county offi

"every child of sufficient mental and physical cers, as well as Representatives to the Con| ability shall attend the Public Schools during gress of the United States, should be chosen.

the period between the ages of six and A certified copy of this ordinance was for: eighteen years, for a term of not less than six- warded to General Canby, commander of the

teen months, unless educated by other means." military district, and on the 23d of March he The advantages of the University are extended, issued an order for holding the election, con-. " as far as practicable, to the youth of thé taining complete instructions for revising the State free of expense for tuition."

registration of qualified voters, and for receivA homestead and dwelling not exceeding ing and returning the votes." Among the inone thousand dollars in value, and personal structions contained in his order, were the property to the amount of five hundred dol- following: lars, are exempted from sale under execution 9th. The sheriff and other peace-officers of each or other legal process for the collection of county are required to be present during the whole any debt. The separate property of women, time that the polls are kept open, and until the elecacquired before or after marriage, is secured to that there shall be no interference with judges of them free from liability on account of the debts election, or other interruption of good order. If of their husbands.

there should be more than one polling place in any All able-bodied male persons between the county, the sheriff of the county is empowered and ages of twenty-one and forty years, who are directed to make such assignments of his deputies, citizens of the United States, are made liable

to and

other peace-officers, to the other polling-places,

as may in his judgment best subserve the purposes duty in the militia, unless averse to bearing of quiet and order ; and he is further required to rearms from religious scruples; and is made port these arrangements in advance to the commander the duty of the Legislature to provide for the of the military post in which his county is situated. efficient employınent of this force, to execute charge from employment, or other oppressive means the law, suppress riots or insurrection, and to to prevent any person from registering or exercising repel invasion.

his right of voting, is positively prohibited ; and any The following section renders the amend- such attempts will be reported by the registrars, or ment of the constitution quite difficult:

judges of elections, to the post commander, and will

cause the arrest and trial of the offenders by military Seriox 2. No part of the constitution of this State authority. The exhibition or carrying of deadly shall be altered, unless a bill to alter the same shall weapons in violation of General Orders No. 10, of have been read three times in each House of the 1867, at or in the vicinity of any polling-places durGeneral Assembly, and agreed to by three-fifths of ing the election herein ordered, will be regarded and the whole number of members of each House, respec- treated as an additional offence. tively; nor shall any alteration take place, until the 11th. All bar-rooms, saloons, and other places for bill so agreed to shall have been published six months the sale of liquors by retail, will be closed from six previous to a new election of members of the Gen- o'clock of the evening of the 20th of April, until six eral Assembly. If, after such publication, the altera- o'clock of the morning of the 24th of April, 1868, tion proposed by the preceding General Assembly and during this time the sale of all intoxicating shall be agreed to, in the first session thereafter, by liquors at or near any polling-place is prohibited. two-thirds of the whole representation in each House The police officers of cities and towns, and

the sherof the General Assembly, after the same shall have iffs and other peace-officers of counties, will be held been read three times on three several days in each responsible for the strict enforcement of this prohibiHonse, then the said General Assembly shall pre- tion, and will promptly arrest and hold for trial all cribe a mode by which the amendment or amend- persons who may transgress it.. nents may be submitted to the qualified voters of 12th. Military interference with elections, “unless he House of Representatives throughout the State; it shall be necessary to repel the armed enemies of ind if, upon comparing the votes given in the whole the United States, or to keep the peace at the polls," tate, it shall appear that a majority of the voters is prohibited by the Act of Congress approved Feboting thereon have approved thereof, then, and ruary 25, 1865, and no soldiers will be allowed to aplot otherwise, the same shall become a part of the pear at any polling-place, unless as citizens of the onstitution.

State they are qualified and are registered as voters,

and then only for the purpose of voting; but the The principal objections made to the work commanders of posts will keep their troops well in f the convention, either by its own members hand on the days of election, and will be prepared r in the public prints, were based on its free- to act promptly if the civil authorities are unable to om from any provisions making distinctions preserve the peace. mong citizens on account of race, color, or The State-officers to be chosen were a govrevious condition. The convention concluded ernor, lieutenant-governor, anditor, treasurer, s labors with an ordinance providing for the superintendent of public works, superintendrst election, at which the vote was to be ent of public instruction, attorney-general, ken on its ratification, and adjourned on the five justices of the Supreme Court, and one 7th of March.

judge of the Superior Court, in each of twelve The ordinance of the convention, providing judicial districts. r the holding of the election at which the A disposition was shown, on the part of all

classes of people in the State to take part in and believes that its rights and powers, in that rethe political canvass, and exert their influence spect, should be preserved intact, as established by for or against the new constitution. Dele- and that any serious impairment thereof, by legis

law in the earlier and better days of the Republic

, gates of the Conservative or Democratic party lation or otherwise, will be destructive to the best met in convention, at the call of their State interests of the country, and dangerous to the liberexecutive committee, at Raleigh, on the 7th of ties of the people. February, and decided upon a plan of organiza- the Southern States under the conduct of that of

Resolved, That, despairing of any restoration of tion for the party throughout the State. The ganization which now controls the proceedings of purpose of the convention, as expressed in the Congress, waiving all former party feeling and preju. preamble to its declaration of principles, was dice, this convention does most unhesitatingly res “ to consider the present anomalous condition ommend and invite the cooperation of all the people of the State, and of the country, and to con- tive men of the North and West, who are not nobby

of North Carolina with the Democrats and Conservesult together upon the grievances which now struggling for the maintenance of the Constitutie afflict and threaten them (the Conservatives), of the United States, and the restoration of the and the course of action proper to be adopted Southern States to their rights in the Union, on the in the trying circumstances which surround solid foundation of harmony and peace. them. After declaring their “unalterable The Republican Convention met at Raleigh devotion to the principles of constitutional on the 2d of March, and placed candidates in liberty,” and their fealty to the Government nomination for the offices to be filled at the of the United States, as set forth in the Fed- election in April. The Republican candidate eral Constitution," and averring that they ac- for Governor was Wm. W. Holden, and Thomas cept in good faith “the legitimate and legal S. Ashe was nominated by the Democrats. results of the late war," and heartily desired The whole number of voters registered in peace and concord with their “sister States, the State of North Carolina was 196,876, of and with the entire United States,” they em- whom 117,431 were whites and 79,445 colored bodied the leading articles of their political faith The whole vote on the constitution at the elec in the following resolutions:

tion of April, 1868, was 167,127; 93,118 votes Resolved, That, regarding the Constitution of the were for ratification, and 74,009 against it

, giro United States as the source of all power in the ad- ing a majority of 19,109 in favor of adopties ministration of the Government, and that the powers that instrument. The entire rote cast is of the Executive, Legislative and Judicial departments are equal and coordinate, as defined by that Governor was 179,950;

Holden received Minstrument, we do respectfully and solemnly protest 499, and Ashe 83,451; Holden's majority, 18. against the enforcement upon our people of the re- 048. There were seven members of Congress construction Acts and polícy of Congress, as uncon- chosen,

Republicans from the first, secocł stitutional, unwise, and destructive

to society, and third, fourth, and fifth districts, and Det." that each State shall have the exclusive control of its crats from the sixth

and seventh districts

. The own internal affairs.

constitution of the State Legislature is as fi! Resolved, That it is the opinion of this conven- lows: tion, that the great and all absorbing issue, now soon to be presented to the people of the State, is Republicans... negro suffrage and negro equality, if not supremacy, Democrats. and whether, hereafter, in North Carolina and the South, the white man is to be placed politically, Republican majority. 26 and, as a consequence, socially, upon a footing of equality with the negro, and, in many localities, The constitution of North Carolina met the subject to his government as a superior. That we approbation of Congress, and, on the 25th of ment and in our social relations, and that we do June, an act passed that body to admit this hereby earnestly recommend to the people of the among other Southern States, into the Trier State to manfully meet the issue now attempted to be forced upon them, and to use every proper Federal Constitution should

be ratified by i

as soon as the proposed amendment of t. means within their power to avert the impending Legislature. In order that the vote might mischief.

Resolved, That, while we are unalterably opposed taken on this matter, and that such laws might to political and social equality with the black race, be passed as should be necessary in reorgas, we yet have no unjust prejudices against that raceing the Government of the State,

the Genesi them fully

in all their civil rights, and to confer the Governor elect, to meet at Raleigh on upon them all privileges which can be done consistently with the safety and welfare of both races. first day of July. Judge Pearson, who was Resolved, That the distressed and impoverished administer the oath of office

to the members ca speediest and wisest measures of relief that the Le- by that no oath would be required except there

Resolved, That this convention recognizes, with prescribed in the constitution of the State. E feelings of gratitude, the heroic and patriotic'èfforts order to facilitate the organization of the

ner of the President of the United States, to restore the State Government, the Governor and Le Union and harmony and good-will among the Amer- tenant-Governor were removed by miliar ican people. preme Court of the United States as the legitimate lately elected

to those positions. This order Resolved, That this convention regards the Su- order, and the persons appointed who had been expounder, in the last resort, of the Constitution was to take effect on the

meeting of the leges



House Jet

88 50

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