In the preceding chapter the reader will find a narration of the series of measures, adopted by the Government of the United States, to complete the final subjugation of the State of Virginia. The same series was applied, in the same order, to each of the Confederate States. It is, therefore, unnecessary to repeat the narration of these details in their application to the other States. But there were some concurrent incidents and some flagrant outrages in each one which should be stated, in order to afford a full and comprehensive view of the universal denial of unalienable personal rights, the destruction of civil institutions, the disregard of laws, and the cruel and ignominious treatment, inflicted by the authority of the Government of the United States upon individuals in every part of the Southern country.
In North Carolina, immediately on the cessation of hostilities, the Federal General issued an order, declaring that "all persons heretofore held in the State as slaves are now free, and that it is the duty of the army to maintain the freedom of such persons." Another order was then issued, defining and regulating the relations of the freedmen and whites. President Johnson issued his proclamation on May 29th, appointing a provisional Governor, W. W. Holden, as in the case of Virginia. On August 8th the Governor issued his proclamation for an election of delegates to a State Constitutional Convention on September 12th, and stated who would be permitted to vote, and the manner of election. The election was held, and the so-called Convention assembled on October 2, 1865. Its first act declared the uninterrupted existence of the State in the Union, and that the ordinance of secession was null and void. The next prohibited slavery. The payment of the debt contracted during the war, by any future Legislature, was forbidden. The repeal of the secession ordinance and the prohibition of slavery were ratified by the people. An election for State officers and members of Congress was held in November, and those who had taken the amnesty oath were the voters. The so-called Legislature-elect held a session and ratified the amendment to the United States Constitution prohibiting slavery. On December 23d the Governor-elect (Worth) was inaugurated, and the provisional Governor retired, acknowledging Worth to be the legal and "loyal" Governor. Thus the State was subjugated on the plan of President Johnson.
The affairs of the State were thus conducted until the military acts of Congress went into operation, and on March 23, 1867, Major-General Sickles issued his order assuming command. On April 11th he issued an order for the relief of debtors, by prohibiting imprisonment for debt, and ordering the stay of all proceedings for the collection of debts for twelve months. Writs of execution issuing out of the United States Circuit Court were not allowed to be served by the military commander at Wilmington. The question was taken to the Attorney-General at Washington, and General Sickles appeared in his own defense. It was decided by the acting Attorney-General to be "simply a case of a high misdemeanor, legally contemplated." General Sickles was removed, and Major-General Canby succeeded. The State registration was completed In October, and contained the names of 103,060 whites and 71,657 blacks. The so-called election for a Convention was held in November, and the Convention assembled on February 14, 1868. The Bill of Rights adopted contained similar clauses to the one adopted by the Virginia Convention. The Constitution was ratified, and State officers, members of the Legislature, and representatives to Congress were elected on April 23d. The vote for the Constitution 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 coöperating 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 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 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 assembled on the appointed day, and the fourteenth amendment to the Constitution 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 assembled on the 13th to amend the State Constitution. 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 class 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 Constitution 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.