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NORTH CAROLINA

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CMATTEXAS

STUDIES IN HISTORY, ECONOMICS AND PUBLIC LAW

EDITED BY THE FACULTY OF POLITICAL SCIENCE OF COLUMBIA UNIVERSITY

Volume LVIII] [Whole Number 141

RECONSTRUCTION IN NORTH CAROLINA

BY

J. G. de ROULHAC HAMILTON, Ph.D.

Alumni Professor of History The University of North Carolina

(i

COLUMBIA UNIVERSITY

LONGMANS, GREEN & CO., AGENTS London : P. S. King & Son

1914

Copyright, 1914

BY

J. G. de ROULHAC HAMILTON

THE MEMORY OF

DANIEL HEYWARD HAMILTON 1838-1908

THIS VOLUME IS REVERENTLY AND AFFECTIONATELY DEDICATED

PREFACE

The following study was commenced by the author, in 1902, as a doctoral dissertation in Columbia University, and in 1906, for that purpose, the first six chapters were privately printed, but in a somewhat different form from that in which they now appear, the chief changes having been made on account of the discovery of new material re- lating to the period covered. Since that time, the investiga- tion has been steadily continued in order to cover the entire period until the close of Reconstruction in 1876. During that interval, one chapter has been published in the Sewanee Review, and one chapter and part of another in the South Atlantic Quarterly, and these are included through the cour- tesy of the editors of those publications.

The author has sought throughout the work to divest himself of any prejudice in his treatment of a period which, while it closed before his birth, has been the cause of so much later bitterness, prejudice, and sectional mis- understanding. He has held no thesis, but has sought only to present the truth, and, in the main, to relate rather than interpret. In his search for material one gr£at obstacle has been found, namely, the marked disinclination of many of the actors in the period to discuss at all the matters therein involved. This will explain why so much of the material bearing on many disputed questions appears to be derived from one side. One or two Republicans of the period, however, have been of incalculable assistance.

To the many who have aided him in his investigations, the author desires to return his hearty thanks. In particu-

vi PREFACE

lar, he wishes to mention his indebtedness to Mrs. William H. Bagley and Mrs. E. E. Moffitt for the use of the cor- respondence of their father, Governor Jonathan Worth; to Major William A. Graham and Major John W. Gra- ham for a similar favor in regard to the papers of their father, Governor William A. Graham, and for much val- uable information ; to Hon. Josephus Daniels for the use of his files of the Sentinel and for many courtesies ; to Cap- tain S. A. Ashe, the late Colonel A. K. McClure, Governor Thomas J. Jarvis, Hon. Jacob A. Long, Dr. Kemp P. Battle, the late Hon. Richard H. Battle, the late Hon. C. L. Harris, and Hon. John Nichols for much valuable material and many helpful suggestions, To his friends, Professors James W. Garner and Walter L. Fleming who blazed the trail which he has followed, he owes a debt not to be ex- pressed in words. To his friend and colleague, Professor N. W. Walker, who has done him infinite service by a criti- cal reading of the proof, he renders his sincere thanks. To his wife, who has been of constant and invaluable assist- ance to him in writing the book, in preparing the manu- script for the printer, and in reading the proof, he makes his grateful acknowledgments. Above all, the author wishes to pay a tribute of gratitude and affection to his friend and inspired teacher, Professor William A. Dun- ning, of Columbia University, without whose constant guid- ance, encouragement, and cordial assistance, the book would never have been written.

Chapel Hill, North Carolina, January 25, 1914.

CONTENTS

PAGE

CHAPTER I Secession and War in North Carolina

i. Disunion Sentiment prior to i860 1

2. The Campaign of i860 • . 10

3 The Secession Movement 13

4. Secession and War 25

5. War Politics and the Peace Movement. 36

6. Financial and Economic Conditions in War 68

CHAPTER II Beginnings of Reconstruction During the War

1. The Hatteras Convention and Government 81

2. The Administration of Edward Stanly 87

3. The Downfall of the State Government 95

CHAPTER III

Presidential Reconstruction

1. The Provisional Government 106

2. The Convention of 1865 120

3. The Campaign and Election of 1865 ' . . . . 133

4. The Return to Civil Government 142

CHAPTER IV Political and Social Conditions Under the Restored Government

1. The Freedmen. 148

2. Conflict of the Civil and Military Powers 152

3. State Politics in 1866 171

4. Economic and Financial Problems 192

5. Transportation and the Mails 201

vii

viii CONTENTS

PAGH

CHAPTER V Military Government Under the Reconstruction Acts

i. The Reconstruction Acts 207

2. Military Government under General Sickles 221

3. Military Government under General Canby 234

4. State Politics and Election of 1867 240

CHAPTER VI The Convention of 1868 and its Work

1. The Convention of 1868 253

2. Constitutional Changes 273

3. Politics and Election of 1868 278

4. The Completion of Reconstruction 288

CHAPTER VII The Freedmen's Bureau

1. Organization 295

2. Relief Work, Labor, and the Administration of Justice 300

3. Education. 314

4. General Character and Influence of the Bureau 320

CHAPTER VIII The Union League 327

CHAPTER IX The Republican Regime

1. Inauguration of the Holden Administration 343

2. The Legislature of 1868 349

3. The Presidential Campaign of 1868 360

4. The Legislature of 1868-1869 375

CHAPTER X

The Republican Regime (Continued)

1. Politics in 1869 388

2. The Legislature of 1869-1870 400

3. Character of Administration 410

4. Social and Economic Conditions, 1868-1870 419

CONTENTS ix

PAGE

CHAPTER XI Railroad Legislation and the Frauds 427

CHAPTER XII The Ku Klux Movement

1. Purposes 452

2. Organization and Membership 454

3. Activities of the Orders 466

CHAPTER XIII

The Reign of Terror

1. Suppression of the Ku Klux 482

2. Politics in 1870 , 488

3. The Kirk-Holden War 496

CHAPTER XIV The Reform Legislature of 1870-187 2

1. Organization and Membership . . 534

2. The Impeachment and Trial of Governor Holden 537

3. Legislative Activities 558

CHAPTER XV The Closing Years of Reconstruction

1. The Ku Klux Prosecutions 572

2. The Elections of 1872 581

3. The Legislature of 1872-1874 593

4. Politics in 1874 598

5. The Legislature of 1874 604

CHAPTER XVI Education in Reconstruction

1. The Public Schools 609

2. The University 619

x CONTENTS

PACK

CHAPTER XVII

The Overthrow of Reconstruction

1. The Convention of 1875 631

2. The Campaign of 1876 643

3. Social and Economic Conditions, 1870-1876 654

4. General Conclusions. , 662

Index 669

CHAPTER ONE

Secession and War in North Carolina i. disunion sentiment prior to i860

North Carolina after November 21, 1789, the day on which it adopted the Constitution of the United States, was, while closely allied by association, blood, and interest with the Southern States, strongly attached to the Union. Stirred as the State was at times by sectional feeling, and acting always in the interest of the slave States when the sectional issue was drawn, the deep love for the Union in all classes of the people prevented any great spread of dis- union sentiment until long after most of the Southern States looked upon secession as by no means a remote pos- sibility.

When nullification was proposed in South Carolina it was repudiated utterly in North Carolina. Anti-nullification meetings were held in almost every county in the State, and resolutions passed denouncing nullification and the tariff in the same terms and professing attachment to<the Union. In the General Assembly of 1830, Jonathan Worth, the member from Randolph, introduced into the House resolu- tions declaring that, while the tariff laws were unequal and unjust, the right of nullification was not recognized by that body. They provoked a sharp debate, but were adopted by a large majority.1 The legislature of 1832, by large majorities in each house, passed resolutions proclaiming the

1 House Journal, Dec. 31, 1830.

2 RECONSTRUCTION IN NORTH CAROLINA

unalterable attachment of the State to the Federal Union and declaring the theory of nullification subversive of the Constitution and tending to a dissolution of the Union.1

The fact that slavery was less profitable here than in the states farther south may have accounted in some measure for the absence of disunion feeling. With North Carolina, as with Virginia and Tennessee, slavery was not of first economic importance. The large slaveholders formed a comparatively small part of its white population. The non- slaveholders, on the other hand, formed a large class to whom, unconscious of it though they were, slavery was a terrible burden. Moreover, by i860, there were in the State 30,000 free negroes.2 Until 1835, this last class was en- dowed with the franchise under the same conditions as the white citizens. The amendment to the constitution which deprived free blacks of the right to vote passed the conven- tion of 1835 by only a small majority,5 and was sharply criticised in that body and by the people. It was strongly opposed by Judge Gaston, Governor Swain, and other lead- ers of the convention. They were, however, willing that certain qualifications should be required. But for the ex- citement caused by the then recent Southampton trouble in Virginia, it is hardly probable that the privileges of the free negroes would have been limited at all at that time.

But the great bond which held North Carolina to the Union was the Whig party. In its ranks were men of all classes, and from its ranks came the leaders of political thought in the State from the time of the foundation of the party. Men of political wisdom, of strength, depth, and patriotism guided the party, and through it, controlled

1 Resolutions, 1832, p. 1 ; Journals, Dec. 25, 1832, and Jan. 7, 1833.

1 Census of i860.

* Journal of the Convention of 1835, P- 74-

SECESSION AND WAR IN NORTH CAROLINA 3

the State. But the tendency of the party was conservative, and conservatism finally lost its hold on the people. In 1850, largely through the influence of William W. Holden, the editor of the Standard, the Democratic organ, the Whig party was defeated and a new class of men assumed con- trol— men of apparently equal ability, but of less depth; of equal patriotism, but in a narrower sense; all of high character, but politicians, in the main, instead of statesmen.

The decisive battle was fought on the ever-popular issue of abolition of privilege. The Democrats proposed free or manhood suffrage, and the conservative Whigs, while at heart opposed to the change, dared not show very active opposition. Under the existing constitution, a freehold qualification of fifty acres of land was necessary for voting for state senators. This put power in the hands of the landed class and was consequently opposed by the masses. Through the unpopularity of this provision, David S. Reid was elected governor, on the issue of its abolition. This was the first Democratic victory since 1834.

The credit for the victory may be given largely to Holden. He had much to do with choosing the issue and he directed the campaign. This man, at that time a power in the State and destined to be a prominent figure in its history for the two following decades, was born in Orange county in 18 18. His early education was received as assistant in the office of the Hillsboro Recorder. From its editor, Dennis Heartt, he derived his politics and was an enthusiastic Whig. In 1837, he went to Raleigh, where he studied law and was admitted to the bar. He also became an associate on the Star, a Whig paper edited by Thomas Loring. His ability was soon recognized, and in 1843, through the influence of James B. Shepherd, he was offered the editorship of the Standard, a Democratic paper formerly edited by Philo White. He at once accepted, making the first of his numer-

4 RECONSTRUCTION IN NORTH CAROLINA

ous political changes of heart. While self-interest undoubt- edly led, in great part, to his change of party, all his ideas were in accord with the doctrines which he now adopted. His paper speedily became the most ably edited in the State, and his influence grew accordingly.

He was an intense admirer of Calhoun and endorsed his theories repeatedly and vehemently. In the decade from 1850 to i860, Holden was the strongest as well as the ablest advocate in North Carolina of the right of secession, being far in advance of his party in the State, and in full sym- pathy with the secession party in South Carolina.

In 1850, he took advanced ground on the subject, al- though the occasion for action, in his opinion, had not arisen.1 Governor Reid's message to the legislature in Jan- uary, 185 1, contained, also, a decided threat. But the legis- lature was not in accord with them on this point. The ques- tion was discussed as a purely abstract one, and resolutions extremely conservative in tone were adopted, while the series presented as a minority report by the committee, which declared the right existent, were rejected.2 The ques- tion appeared again in the campaign of 1851. Alfred Dock-

1 The following is part of one of his editorials at the time : " We have heard the idea recently expressed that a State has no right to secede from the Union — that there is no help from oppression except by- revolution ; in other words, that the States are the creatures and de- pendents of the Federal Government and, of course, subject to its phy- sical coercion. Such an assumption, we humbly submit, is unsupported by any testimony derived from the Constitution itself or from any single circumstance attending its foundation or adoption. It is, more- over, at war with all regular ideas of free republican government and the undoubted independence of the States, as that independence has been displayed in their separate organizations since 1787. We hold that as no State could originally have been forced into the Union, none can be forced in or rather prevented from going out." — Standard, Dec. 4. 1850.

2 Legislative Docs., 1850-1, vol. ii, pp. 246, 261.

SECESSION AND WAR IN NORTH CAROLINA 5

ery was a Whig candidate for Congress in a district com- posed largely of counties on the South Carolina line, and made his campaign on the question of secession, stating as his position that, if South Carolina should secede, he would vote men and money " to whip her back into the Union," and would do the same if his own State were in question.1 He was elected with a majority of over a thousand votes. His district was usually a strongly contested one, the Whigs and Democrats being about equal in number. Edward Stanly, expressing the same sentiments, was elected in an eastern district in the same year.2 The Standard, although the organ of the Democratic party, was, as thus appears, far in advance of party sentiment, or at least, more out- spoken. In this same campaign it said, " It is sufficient for us to say that whenever the Constitution is palpably violated by Congress . . ,. or whenever that body fails to carry out the plain provisions of that instrument when required to protect Southern rights, the Union is dissolved, and that by a sectional majority." 3

Much the same sentiments were expressed during the presidential campaign of 1856. Just before the election, a meeting of the Southern governors, was called at Raleigh for deliberation as to the course to be pursued in the event of Fremont's election. Only Governor Wise of Virginia and Governor Adams of South Carolina came, and conse- quently the meeting was unimportant. An .informal con- sultation was held at the Governor's Mansion, and several prominent men of Raleigh were invited to be present, in- cluding W. W. Holden, M. A. Bledsoe, and L. O'B. Branch. This may be said to have been the first secession meeting held in the State. But Governor Bragg's position was most conservative and in sharp contrast to that assumed by Gov-

1 Standard, July 2, 185 1. 2 Ibid., Aug. 20, 1851.

' Ibid., Jan. 15, 1851.

6 RECONSTRUCTION IN NORTH CAROLINA

ernor Wise. The outcome of the election prevented any direct result of the meeting.

Holden had been an earnest and faithful worker for his party for many years and had been rewarded by no office of importance. He was intensely ambitious and desired a more definite reward than his influence, although that gave him power even, politically speaking, " to kill and make alive." Feeling that he deserved it, in 1858, he was a can- didate before his party for the nomination for governor. In spite of a determined secret opposition to him, he se- cured a large number of delegates and relied largely upon the uninstructed delegations. When the convention met in Charlotte, one delegate, holding a large number of proxies, although instructed for him, voted against the adoption of the two-thirds rule, and defeated it. This secured the nomination of Judge John W. Ellis, of Rowan. Holden's humble origin, and, to a lesser extent, his agrarian tenden- cies were responsible for his defeat. He acquiesced in the result, but with ill-concealed bitterness. With justice, he felt wronged, but visited his anger upon his innocent oppo- nent, whom he accused of using "means that would be con- sidered unfair by a New York politician." * At this point began a change of sentiment in Holden which divided him from his party. This was hastened by the failure of the legislature at its next session to elect him to the United States Senate.2

The State as a whole was comparatively free from dis- cussion of secession during most of the decade, and when the subject was mentioned, it was generally only as an abstract question. But two events were to bring a change. In 1857, Hinton Rowan Helper, a native of North Carolina,

1 Standard, Nov. 24, i860.

- Thomas Bragg was elected over David S. Reid and Holden.

SECESSION AND WAR IN NORTH CAROLINA y

published The Impending Crisis. Its attacks upon slavery aroused a storm of denunciation throughout the State and the whole South. To own a copy of the book amounted almost to political death and threatened social ostracism. The other event, it is needless to say, was John Brown's raid. This stirred the State deeply. Secessionists had now a forcible argument to prove the designs of the Northern people, and the secession movement may here be said to begin. Sympathy with Virginia was expressed in many ways. Military organizations from every part of the State tendered their services, but Governor Wise refused all.1

In December, the Council of State met and passed resolu- tions approving the course pursued by Governor Wise, ex- tending sympathy to Virginia, and assuring him of the sup- port of North Carolina in all efforts to maintain the vital interests of the slaveholding States, which could never be surrendered without dishonor. President Buchanan was thanked for his prompt aid. The following resolutions con- taining a decided threat were also passed :

That the union of the States can only be perpetuated so long as it continues to be a union of equals.

We are devoted to it and would behold its dissolution with profound regret; yet, if we cannot hold our slave property, and at the same time enjoy repose and tranquility in the Union, we will be constrained, in justice to ourselves and to our pos- terity, to establish new forms and to establish new guards for our security and well being; relying for success in so doing in the righteousness of our cause and on the support of that Providence who so signally guided and secured our ancestors in times of danger.

That, while declaring our sincere devotion to the Union according to the Constitution as it was established by our fore- fathers, and while we are ready to uphold and maintain it as

1 Standard, Nov. 23, 1859.

8 RECONSTRUCTION IN NORTH CAROLINA

a Union of equals, we are not unmindful of the fact that the disturbers of our peace have received and are receiving the active sympathy and the substantial support of large portions of the people of the non-slaveholding States ; and that it be- hooves the people of the non-slaveholding States, if they would restore domestic tranquility and perpetuate the Union, to rouse themselves from the condition of indifference and lethargy which seems to prevail among them, and to take such action and adopt such measures as may be necessary to prevent a continuance of assaults upon the people of the South, and may assure our people that they are still faithful as Confederate States to the common Union which still unites us.

The governor was advised to encourage the organization of volunteer military companies and to apply to the Presi- dent for arms, to take measures to prevent the distribution through the mails of incendiary matter, from the North, and to require justices of the peace to subject canvassers from the North to a severe scrutiny, and to require bond for good behavior when it was thought necessary.1

The press of the State was equally outspoken regarding the possible and even probable consequences of the attack upon a Southern State, which was considered an attack upon the entire South. Even the Register, the intensely conservative organ of the Whig party, began to advocate the industrial independence of the South with a view to possible political independence.2 As usual, the Standard was the most extreme. It said, " After Seward's Rochester speech, after the Harper's Ferry outrage and after Helper's book, endorsed as it is by the leaders of Black Republican- ism, the people of the South will not submit to Black Re- publican rule. They will sunder the bonds in i860, in 1864, in 1868, or in 1872, before they will do it. We mean pre-

1 Council of State Records, 1859 ; Standard, Dec. 10, 1859.

2 Issues of Nov. 30, and Dec. 21, 1859.

SECESSION AND WAR IN NORTH CAROLINA g

cisely what we say, and ninety-nine hundredths of those who may read this article agree with us." x

Meetings were held at various places in the State and resolutions passed, all breathing the same spirit of defiance to the North. One of these meetings, held in Chatham County, sent a committee to request Governor Ellis to call a special session of the legislature to place the State in an attitude of full military defence. Governor Ellis declined, however, with the statement that there was no necessity for any such action.2 Requests for arms for new military or- ganizations kept pouring in and Governor Ellis applied twice to the Secretary of War to furnish them. Secretary Floyd responded that North Carolina already had her quota and, if the ten thousand rifles desired were furnished, it would be an advance of six years, and this he declined to make.3

All the winter following, the State was kept in a condi- tion of excitement and unrest by numerous arrests and trials of persons for peddling abolition tracts and books, and for preaching abolitionist sentiments to the negroes. Sev- eral were tarred and feathered instead of being delivered into the hands of the law. The most noted trial of an aboli- tionist was that of the Rev. Daniel Worth, in Guilford County. He was a native of North Carolina, of Quaker origin, who had lived for many years in Indiana and had become a monomaniac on the subject of slavery. He was sentenced to be imprisoned for one year, and appealed to the Supreme Court. While his appeal was pending he es- caped to New York and did not return.4

1 Issue of Dec. 14, 1859. s Standard, Jan. 18, i860.

3 Register, Jan. 11, i860.

4 Hamilton, ed., The Correspondence of Jonathan Worth, i, pp. no, 115. The court was authorized to add a public whipping to this punish- ment. When asked why as a minister he did not obey the law, he said : " I have no respect for North Carolina laws, for they are enacted by adulterers, drunkards, and gamblers." — Standard, Dec. 21, 1859.

IO RECONSTRUCTION IN NORTH CAROLINA

In one year secession sentiment had grown more than in all the preceding ones, and a secession party, small but active, had come into existence.

2. THE CAMPAIGN OF i860

The state Democratic convention met in Raleigh in March and unanimously re-nominated Governor Ellis. The plat- form protested against the alteration of any national com- promise and announced that interference with the constitu- tional rights of the States would not be tolerated. But, on the whole, the sentiment of the delegates, as expressed in the platform and in the speeches in the convention, was con- servative and entirely favorable to the Union.1

The opposition party had already nominated John Pool on a platform demanding the ad valorem taxation of slave property. He was hardly the candidate that would have been expected, as he had voted against ad valorem taxation in the preceding legislature; but his personal position was no more surprising than that of his supporters, for a party made up of old Whigs would hardly have been expected to advocate ad valorem taxation. The platform laid the blame for all the national troubles on the Democracy, and, with more than usual vigor, declared its doctrines dangerous and its success a menace to the welfare of the nation.2

A vigorous campaign opened at once, conducted largely, at first, on internal matters. In the discussion of these the advantage was clearly with Pool, but national questions soon interfered in behalf of Governor Ellis.

When the Democratic national convention met in Charles- ton, nineteen delegates were present from North Caro- lina. Prominent among these were W. W. Avery, who was chairman of the committee on resolutions, W. W.

1 Standard, March 14, i860. * Register, Feb. 30, i860.

SECESSION AND WAR IN NORTH CAROLINA 1 1

Holden, W. S. Ashe, and Bedford Brown. The details of the convention are familiar. When the minority report of the committee on resolutions was substituted for that of the majority, W. S. Ashe addressed the convention, say- ing, that if the platform was forced upon the South, he would be forced to withdraw. Bedford Brown also spoke, warning the convention that if the second resolution was adopted, the fate of the Democratic party was sealed.1 W. W. Holden also appeared before the convention, address- ing it on the danger of secession.2 But when the with- drawal of the Southern delegates took place, those from North Carolina refused to go. It is not doubtful that, if they had wavered, the delegations from Virginia, Tenn- essee, Maryland, and Kentucky would also have with- drawn.3

When the balloting began for the presidential nomina- tion, North Carolina voted as a unit thirteen times for R. M. T. Hunter, twelve times for Lane, and six times for D. S. Dickinson. Then, until the balloting ceased, her vote was cast for Lane and Douglas, the latter receiving one vote.* The press of the State and the people in general approved the action of the delegates. In only one instance were they criticised for not withdrawing with the other Southern delegations.5

Holden returned from Charleston with a changed view of secession. What policy he would pursue, however, seemed doubtful. Still bitter against the Republicans, he announced in the first issue of his paper, after his return,

1 Charleston Mercury, quoted in Standard, May g, i860. * Memoirs of W. W. Holden, p. 13. 8 Standard, May 16, i860.

4 Ibid., May 9, i860. R. P. Dick voted for Douglas.

5 The Charlotte Bulletin claimed that they should have gone with the Cotton States.

12 RECONSTRUCTION IN NORTH CAROLINA

that he was " for the Constitution and the Union, and against all who would trample on the one or dissolve the other." * But a month later, he again declared that seces- sion should follow the election of a Republican President2 When the Baltimore convention met, all the delegation from North Carolina withdrew except R. P. Dick, W. W. Holden, and J. W. B. Watson. The two last-named refused to vote, but Dick voted for Douglas. For some time Holden was doubtful as to whom he would support, but finally an- nounced that he would favor the Breckinridge ticket, with the understanding that the electors would vote for Douglas, if by doing so they could defeat Lincoln. R. P. Dick, how- ever, called a meeting of those favoring Douglas, and a full electoral ticket was chosen. Douglas was present and ad- dressed the meeting. But the Douglas ticket played no part in the campaign and received less than three thousand votes. The contest was between Breckinridge and Bell and resulted in a victory for the former in spite of the vigorous campaign made by the Whigs. The Democratic state ticket was

1 Standard, May 9, i860.

1 The editorial is in part as follows : " But it is said that the Su- preme Court may be in the future an unsafe tribunal for the South; that the Black Republicans will obtain control of it and turn its de- cisions against the slaveholding States. That may be so. At present it is certainly a safe tribunal for the South. It may be changed and no doubt will be, if the Black Republicans should obtain possession of the government. But what of that? Must we wait until this change is made? Shall we permit Lincoln to pervert the whole power of the Government, and in addition to turn the Supreme Court aga:nst us? We are for meeting the enemy at the threshold — for vanquishing him or being vanquished long before his law, his adjudications against us are made. If the people of the South are true to themselves they will never be troubled by the decisions of Black Republican judges. But if they submit to the inauguration and rule of Black Republicans, they will bind themselves to submit to the decisions of an abolition court." — Standard, June 2, i860.

SECESSION AND WAR IN NORTH CAROLINA

13

elected by a majority of over six thousand votes.1 In the General Assembly the Democrats had a working majority in both houses.

3. THE SECESSION MOVEMENT

The result of the election had scarcely been announced when the question of secession became the leading topic of the time. The election of Lincoln was not regarded in North Carolina as a sufficient cause of withdrawal from the Union, but the action of the other Southern States forced a consideration of the matter. During the campaign little had been said on the subject. No public speaker had advocated secession and many had denied the existence of the right.2 ' But the secession party was only quiet for a time. A secession meeting was held in Cleveland County early in November, and a largely-attended meeting in Wil- mington on November 19 inaugurated a campaign con- ducted by means of similar meetings.3 By the first of Jan- uary secession meetings had been held in more than thirty counties, and this number was more than doubled by the following April. In opposition to these, Union meetings were held in fewer counties, it is. true, but in greater number.4

The battle commenced when the General Assembly met. All the members seemed conscious of the gravity of the situation and of the importance of the work ahead of them.5 The elements favorable to secession were well organized,

1 The total vote cast was 112,586.

2 Letter from Gov. Ellis to Gov. Gist, Oct. 19, i860.

3 Wilmington Journal, Nov. 20, i860.

4 An example of intense Union sentiment was in Rowan County, where nine large Union meetings were held during December and January.

5 Memoir of A. S. Merrimon, p. 61.

I4 RECONSTRUCTION IN NORTH CAROLINA

and this fact later prevented some of the Union men from voting with them on the question of a convention. The body, as a whole, was able and conservative, but still there was a tendency on the part of some of the Union men to be factious, and some of the secessionists were illiberal.

The governor's message was a clear statement of the conditions which the legislature had to face. He suggested an invitation to the Southern States to hold a conference through delegates, the calling of a convention of the peo- ple,1 and a thorough re-organization of the militia. It was evident from the tone of the message that Governor Ellis had little hope of a peaceful settlement of the sectional dif- ferences.

A joint committee on federal relations was appointed and reported early in December, recommending that a con- vention limited in power should be. called. A minority re- port dissented both in regard to the possibility of a limited convention and the necessity for calling one at that time. Bills providing for calling a convention had already been introduced, but the bill reported by the committee was sub- stituted for them. The debate which now followed was long and heated. Discussion was not confined to the legis- lature. The question was argued all over the State, and the press entered into the discussion in even a more vigor- ous way than the legislature. At this time its sentiment was overwhelmingly for the Union.2 The course of events, however, was having an effect upon it as well as upon the people and the legislature. When a convention was first

1 Governor Ellis had been in consultation with Thomas Bragg, Thomas L. Clingman, W. W. Avery, R. R. Bridgers, John F. Hoke, and R. O. Burton, the last four members of the legislature which was to meet in a few days. All but Bragg favored a convention. Ellis: Diary, Nov. 17, i860, et seq.

1 At this time only the Charlotte Bulletin, Goldsboro Rough Notes, Wilmington Journal, and the Raleigh State Journal favored secession.

SECESSION AND WAR IN NORTH CAROLINA

15

proposed it seemed very doubtful if one could be called, but, as time passed, the idea grew in favor. Many of the strongest advocates of the Union commenced to support it, trusting that the Union sentiment in the State would keep the secessionists from obtaining control of it.1 The seces- sion element was increased by the influence of the secession of the various Cotton States and the appearance in Raleigh of representatives from several of them. Jacob Thompson, of Mississippi, S. Hall, of Georgia, and I. W. Garrott and R. H. Smith, of Alabama, were received by the legislature as commissioners from their States, All were natives of North Carolina. The members of Congress from the State also took part in the discussion. The address of the South- ern members of Congress was signed by Ruffin and Craige. The two senators and four of the representatives wrote requesting the legislature to call a convention, and it was known that two others favored it.2

Another thing added to the excitement and uneasiness of the people. There were at this time four United States army posts in the State — the Fayetteville arsenal and Forts Johnston, Caswell, and Macon. At the request of the mayor and citizens of Fayetteville, who feared an insurrec- tion, and against the advice of the officer in command, troops had been sent there early in November.3 At each of the other posts an ordnance sergeant was in charge. Early in January a committee from Wilmington visited Governor Ellis and begged him to seize Forts Johnston and Caswell. He refused to entertain the proposition, and on the morn-

1 A letter from Z. B. Vance, dated Jan. 9, 1861, shows this feeling. He felt that better terms could be obtained if the State were in con- vention.

2 Senators Bragg and Clingman, Representatives Branch, Craige, Winslow, and Ruffin. Vance and Smith were known to favor it.

* Off. Rec, no. 1, pp. 480-4.

l6 RECONSTRUCTION IN NORTH CAROLINA

ing of the tenth Fort Johnston was captured by citizens of Wilmington, organized as a committee of safety under the name of" Cape Fear Minute Men " and under the com- mand of John J. Hedrick. That afternoon, accompanied by S. D. Thruston, captain of the " Smithville Guards," and a number of citizens of Smithville, they captured Fort Caswell. This latter was a most important fort, as it com- manded the mouth of the Cape Fear river. The next day, Governor Ellis, hearing unofficially of the seizure, tele- graphed Warren Winslow in Washington to ascertain if the administration intended to garrison the forts in North Carolina.1 He also sent orders to Thruston to evacuate the forts at once. The order was complied with and the two forts were restored to the officers in charge. Governor Ellis was of the opinion that the seizure had been made by the militia under orders. Later information showed the error of this. He at once reported the matter to the Presi- dent and asked if the forts were to be garrisoned. Secre- tary Holt replied thanking him for his prompt action, and declaring that there was, at that time, no intention of plac- ing garrisons in the forts as they were considered entirely safe in " law-abiding " North Carolina; but that, if a dis- position was shown to attack them, they would be pro- tected.2

These events all had their effect, and on January 30 both houses of the General Assembly agreed upon a bill pro- viding for submitting to the people the question of a con- vention, limited in its powers to Federal relations, and for the election of delegates at the same time. If called, no action of the convention was to become valid until ratified by the people. The bill was most strongly supported by W.

1 North Carolina Regimental History, vol. i, p. 26.

2 Off. Rec., no. 1, pp. 484-5.

SECESSION AND WAR IN NORTH CAROLINA Ty

W. Avery and V. C. Barringer in the Senate, and Samuel Person in the House, while the opposition was led by Bed- ford Brown and R. S. Donnell in the Senate and House, respectively. In the Senate, Jonathan Worth, Alfred Dock- ery, Josiah Turner, L. Q. Sharpe, and David Outlaw con- tested every step made by the secessionists and gave them infinite trouble. But the movement was gaining a head- way which rendered ineffectual all opposition.1 The legis- lature, after passing the convention bill, went further. An appropriation of $300,000 was made to purchase arms, and a military commission was chosen to advise the governor on the subject.2 A new militia law was passed, making all white males between eighteen and forty-five years of age liable to service. A volunteer corps of ten thousand men was provided for, and the governor was authorized to en- roll twenty thousand more to serve, in case of invasion, at the pleasure of the commander-in-chief.3 Commissioners were elected to represent the State near the Confederate Government, and at the Peace Conference in Washington. On the former commission were ex-Governor David L. Swain, president of the State University, M. W. Ran- som, and John L. Bridgers, while ex-Chief Justice Thomas Ruffin, ex-Governor David S. Reid, ex-Governor John M. Morehead, D. M. Barringer, and George Davis composed the latter. In both, Union men were in the majority.

1 Gov. Ellis, in a private letter to I. W. Garrott, of Alabama, said that North Carolina would much sooner join an organized government than secede without one being already formed, but that the State could take no part in its organization. " But," said he, " rely upon it, the Southern Rights men in North Carolina will never desert you. We have submissionists here; but the great heart of the people is right. You may count on us, for we will be with you soon."

2 D. H. |Iill and C. C. Tew, the superintendents of the two mili- tary schools in the State, were appointed commissioners. Laws, 1 860- 1, chac. xxvii.

8 Laws, i860- 1, chap. xxiv.

iS RECONSTRUCTION IN NORTH CAROLINA

The commissioners to Montgomery attended the sessions of the Confederate Congress, but declined to take any part in their deliberations. The delegation to Washington, soon after the Peace Conference met, came to the conclusion that there was no hope of peace. Barringer, Reid, and Davis voted against the Conference's proposition with the excep- tion of the third and fourth sections. Ruffin and Morehead, while not satisfied, were unwilling to reject anything that might prevent the war on honorable terms, and voted for the entire proposition. This recommended a number of amendments to the Constitution, the substance of which was as follows : By the first, slavery was to be prohibited in the territories north of latitude 36 degrees and 30 minutes. South of that line the institution was to remain as it was at the time, and no law could be passed abridging the right of a citizen to take a slave thither. The status of new States was to be determined by their constitutions. The second provided that no further acquisition of territory should be made without the consent of a majority of the senators from both the free States and the slave States. The third declared that no amendment to the Constitution should be made interfering with slavery in the States, nor should Congress prohibit it in the District of Columbia, nor inter- fere with the domestic slave trade between slave States, nor tax slaves at a higher rate than land. The slave trade in the District of Columbia was abolished, but Congress was prohibited from assuming any power to prevent slaves from being taken into the District and then brought away. The fourth provided that the Constitution should not be so con- strued as to prevent any of the States from aiding in the arrest and delivery of fugitive slaves. The fifth prohibited forever the foreign slave trade. The sixth provided that the amendments to the Constitution so proposed should not be abolished or changed without the consent of all the

SECESSION AND WAR IN NORTH CAROLINA 19

States. Finally, the seventh provided for payment by the United States for all slaves released by violence from fed- eral officials, or whose re-capture should be prevented by violence. All these amendments were included in one pro- posed article. It was adopted with nothing like unanimity among the delegates to the conference and was doomed to failure before it ever reached Congress.1

Up to the time of the meeting of the Peace Confer- ence there had been great hopes in the State that by it all the vexing questions between the sections would be settled and peace restored.2 But the hope was all in vain.3 On their return to North Carolina the com- missioners announced that all hope of peace was gone. Judge Ruffin, who had gone to the conference as a vio- lent Union man, made a speech in Hillsboro consist- ing of only three words, " Fight! Fight! Fight!" Noth- ing illustrates more clearly the change of sentiment which was taking place. The same thing is noticeable in the newspapers. With the exception of the Standard, all began to advise military preparations. This was defended by all of them as a necessity. One of them said, " The ex- tremists of both sides have left nothing for us but seces- sion." 4 And gradually most of them began to advocate what they had so persistently fought.

1 The voting in the conference was by States and consequently the vote of the majority of any delegation prevailed for the vote of its State.

2 Report of S. Hall to Georgia Convention. Journal, p. 330. Mr. Hall said that the great obstacle "to the immediate co-operation of North Carolina with the Confederate States is the belief entertained by a large number of citizens that the Peace Conference will compose the dissensions between the sections."

* The attitude of many people in the State may be seen in Governor Ellis' statement that he would rather see the Chicago platform in the Constitution than the plan of the conference.

* New Bern Progress, Jan. 18, 1861.

20 RECONSTRUCTION IN NORTH CAROLINA

The vote on the question of a convention and the elec- tion of delegates were held February 28. The issue of the campaign had been made " Union or Disunion," and not- withstanding the fact that many of the leaders of the Union party desired a convention as the best means of settlement, and that the act providing for it had only been passed through their support, the call was defeated. The people still hoped for peace and were afraid of a convention. The majority against it was small — 651 votes out of a total of 93,995 — but a majority of the delegates chosen were Union men. Representatives of three views as to the course to be pursued were found among the delegates. There were 52 " submissionists," as the secessionists called them, 22 " conditional submissionists," and 46 " Southern Rights " men.

The strongest advocate of the Union could not think that this was a final decision of the question. It was only a gain in time, a success for those advocating a " Watch and Wait " policy,1 and it gave them only a momentary advan- tage. The secession party had the advantage of being co- herent, in marked contrast to their opponents, and were more enthusiastic in their cause. Lincoln's inaugural did not satisfy the people as a whole, nor could they be reached by the new administration. He offered John A. Gilmer a place in his cabinet but the latter refused it. Seward wished a place offered to William A. Graham but did not succeed in influencing Lincoln in the matter.2 In the east, begin- ning in Wilmington, a strong and united movement now commenced. " States Rights " meetings were held in var- ious places and delegates chosen to a state meeting to be held in Goldsboro in March. This movement spread to other parts of the State, and when the meeting was held on

1 This was the watchword of the Standard.

2 Diary of Gideon Welles, ii, p. 390.

SECESSION AND WAR IN NORTH CAROLINA 2I

the twenty-second about a thousand persons were present, representing twenty-five counties. Weldon N. Edwards, of Warren, was called to the chair. Formal organization of a party resulted, and plans were made for a campaign extending all over the State. Franklin J. Moses, of South Carolina, who had been appointed by his State as a commis- sioner to the defeated convention, was present and ad- dressed the meeting. Edmund Rufifin, of Virginia, came over from Charleston to attend, and made a vigorous seces- sion speech. Determination and energy marked the whole meeting. After providing for another meeting in Char- lotte on May 20, they adjourned, confident of success.1 Later events rendered the adjourned meeting unnecessary, and the call was withdrawn. A vigorous campaign was car- ried on for the next three weeks, and apparently with re- sults.

Then the agony of doubt ended. Sumter fell, and the President's call for troops followed. Governor Ellis was notified by the Secretary of War that a call had been made on him for two regiments for immediate service. The gov- ernor at once replied :

Raleigh, April 15. To the Secretary of War:

Your dispatch is received, and if genuine (which its extra- ordinary character leads me to doubt), I have to say in reply that I regard a levy of troops for the purpose of subjugating the States of the South, as in violation of the Constitution and a usurpation of power.

I can be no party to this wicked violation of the laws of the country, and to this war upon the liberties of a free people. You can get no troops from North Carolina.

John W. Ellis, Governor of North Carolina.2

1 Wilmington Journal, March 27, 1861. * Executive Correspondence, Ellis, p. 394.

22 RECONSTRUCTION IN NORTH CAROLINA

Two days later he summoned the legislature to meet in extra session. Immediately upon the call for troops he had ordered the seizure of the forts. Fort Macon had already been taken without orders. Those on the Cape Fear were captured by the Wilmington Light Infantry,1 and the Fay- etteville arsenal was occupied, without resistance being made, by Warren Winslow with a force of militia.2

L. P. Walker, the Confederate Secretary of War, at once asked Governor Ellis to send a regiment to Virginia and this was promised within a few days.3 The governor at once called for 30,000 volunteers, and a camp of instruction was established at Raleigh.4 These acts placed North Caro- lina in the same category with the other Southern States, and consequently President Lincoln on April 27 declared its ports blockaded.5

The Union newspapers had now given up the fight, the Register saying, " It is the part of prudence and of common sense to look at things as they are and not as we would wish them to be. Wre believe that Abraham Lincoln is about to wage a war of coercion against these States. We believe that in this war the remaining slaveholding States will be in- volved, and we shall be found on the side of the section in which we were born and bred and in which live our kindred, connections and friends. If this makes us secessionists, then let us be so called." 8 The Standard, also, acknowl- edged the necessity for war but was very lukewarm at first. Later, it became exceedingly warlike in tone.7

1 Off. Rec, no. 1, pp. 476-8.

3 Ibid., p. 479-

1 Ibid., pp. 486-7.

4 Governor's message, extra session of 1861.

5 McPherson, History of the Rebellion, p. 149.

6 Issue of April 17, 1861.

7 Until the call for troops, the position of the newspapers of the

SECESSION AND WAR IN NORTH CAROLINA 2\

The Council of State met on April 23 and passed reso- lutions approving the action of Governor Ellis in taking possession of the forts, and ratifying, by their approval, his reply to Secretary Cameron. They requested him to call out troops not to exceed 5,000 to drill and be prepared for public defence in any emergency.1

The General Assembly met on May 1. The governor's message gave an account of his actions and advised the call- ing of a convention with full powers, as the people were known to have but one opinion as to the course to be pur- sued. In less than two hours the House passed, unani- mously, a bill calling an unlimited convention.2 In the Senate, the House bill was immediately passed. Jonathan Worth, L. Q. Sharpe, and Josiah Turner voted nay. They based their opposition on the short time given for a can- vass, and the fact that the action of the convention would not be submitted "to the people.3 The same day Governor Ellis issued a proclamation, calling an election for delegates

State on the question of secession was as follows : For secession, Ra- leigh State Journal, Wilmington Journal, Fayetteville Carolinian, Mur- freesboro Citizen, Elizabeth City Pioneer, Asheville News, Salisbury Banner, Charlotte Bulletin, Charlotte Democrat, Goldsboro Tribune, Goldsboro Rough Notes, Shelby Eagle, Warrenton News, Washington Times, Tarboro Mercury, Winston Western Sentinel, Wilson Ledger, Tarboro Southerner, and Hillsboro Plaindealer, all Democratic ; the Wilmington Herald, Albermarle Southron, Charlotte Whig, Milton Chronicle, Western Carolinian, all Whig, and the New Bern Progress, Concord Flag, Raleigh Leisure Hour, all independent' Against seces- sion, the Raleigh Standard and Raleigh Banner, Democratic, and the following Whig papers : Raleigh Register, Fayetteville Observer, Salis- bury Watchman, Greensboro Patriot, Iredell Express, Washington Dispatch, Kinston Advocate, Hendersonville Times, Salem Press, Ashe Spectator, Wadesboro Argus, and the Hillsboro Recorder. After the call for troops, all were for war.

1 Records of the Council of State, p. 81.

2 P. T. Henry voted affirmatively with a protest. * State Journal, May 8, 1861.

24 RECONSTRUCTION IN NORTH CAROLINA

to be held May 17, and calling the convention to meet May 20th.

Before the convention bill was passed, the governor was authorized to send troops to Virginia, without limit as to number. The legislature then turned its attention to war preparations. Franklin J. Moses was again present and was given the freedom of the floor.1 A vote of thanks to Governor Ellis for his promptness in preparing for war was passed, receiving only two negative votes.2 Acts were passed making it unlawful to administer the oath to sup- port the Constitution of the United States; providing for the manufacture of arms at the Fayetteville arsenal and ap- propriating $200,000 for the purpose ; authorizing the gov- ernor to appoint a commissioner near the government of the Confederate States;3 authorizing the governor to enroll 10,- 000 state troops; declaring North Carolina free from lia- bility for the federal debt incurred after March 4, 1861 ; au- thorizing the governor to accept 20,000 twelve-months' volunteers and to arm and equip them and to offer a bounty of $10 to each; authorizing the governor to commission with equal rank officers of the army and navy of the United States, who resigned to enter the service of the State; ap- propriating $5, 000,000 for public defence ; defining and pro- viding for the punishment of treason against the State ; and providing for a stay in the execution of judgments in civil suits.4

Before the legislature met, it had been suggested that it should pass a declaration of secession and submit it to the

1 Journal of the General Assembly, May 1, 1861.

2 Josiah Turner and Alfred Dockery in the Senate voted against this resolution.

3 Thomas L. Clingman was appointed commissioner and visited the Confederate Congress.

4 These acts are to be found in the Laws, First Extra Session, 1861.

SECESSION AND WAR IN NORTH CAROLINA

25

people as a constitutional amendment. This, however, was very generally opposed.1 But in the Senate Josiah Turner introduced a declaration of independence from the United States. It was, of course, an effort to bring the proceed- ings of the majority into ridicule, and was not considered.

The campaign for the convention was devoid of any par- ticular interest. The issue was no longer " Union or Dis- union," nor a discussion as to the right and propriety of secession, but simply should North Carolina go with the North or with the South.2 On this the result was assured, and not a person in the State advocated anything but separ- ation. The cause of the South was regarded as the cause of North Carolina.3 Quite a number of the old Union men, not caring to take part in the act of separation, declined to be candidates for the convention, but they advocated a vig- orous preparation for war, and war itself, if the existing conditions should continue.

4. SECESSION AND WAR

The convention assembled in Raleigh on May 20, a day then generally celebrated in North Carolina as the anniver- sary of the Mecklenburg Declaration of Independence. The delegates now, regardless of their opinion on the right of secession, were resolved on separation. The only issue was how it should take place.

The body, as assembled, was probably the ablest and most distinguished in the history of the State. The reason for this is simple. The gravity of the situation made the peo- ple forget party and elect their most trusted men regard-

1 Western Democrat, April 30, 1861.

2 Ibid , April 22, 1861.

3 This feeling is particularly noticeable in the speeches and letters of men of the type of W. A. Graham, George E. Badger, and Jonathan Worth.

26 RECONSTRUCTION IN NORTH CAROLINA

less of differences in political opinion, and so the best men of both parties were chosen. In many counties a delegate was chosen from each party. The lights of the old Whig party, obscured by uninterrupted Democratic success, again appeared in political position. In fact, the Whigs were in the majority in the convention. And of the Democrats, the majority had been opposed to secession before the call for troops.

Probably the most influential of the leaders in the conven- tion were George E. Badger, Thomas Ruffin, William A. Graham, and Weldon N. Edwards. Among the other prominent men were Asa Biggs, David S. Reid, William Johnston, Warren Winslow, Bedford Brown, W. W. Hol- den, Kenneth Rayner, R. P. Dick, Burton Craige, George Howard, and John A. Gilmer.1 Five members of the con- vention, Edwards, Biggs, Rayner, E. T. Brodnax, and W. F. Leak, had also been delegates in 1835.

1 An idea of the prominence of the group above named can be gained from the positions they had filled. George E. Badger had been a mem- ber of the House of Commons, Superior Court judge, United States Senator, and Secretary of the Navy. He was nominated for the United States Supreme Court, but failed of confirmation. Thomas Ruffin had been member and speaker of the Commons, Superior Court judge, President of the State Bank, Chief Justice of the Supreme Court, and a member of the Peace Conference. W. A. Graham had been member and speaker of the Commons, State Senator, United States Senator, Gover- nor, and Secretary of the Navy. He was the Whig candidate for Vice- President in 1852. Weldon N. Edwards had been a member of Con- gress, State Senator, and for many terms Speaker, a member of the Convention of 1835. Asa Biggs had been a member of the Commons and Senate, and a member of the convention of 1835, member of Con- gress, United States Senator, and United States District judge. David S. Reid had been State Senator, member of Congress, Governor, and United States Senator. William Johnson was prominent as a railroad president and business man. He received every vote in Mecklenburg County as a delegate. Warren Winslow had been speaker of the Senate, Gover- nor ex officio, and a member of Congress. Bedford Brown had been a member of the Commons, Speaker of the Senate, and United States

SECESSION AND WAR IN NORTH CAROLINA

27

The convention organized by the election of president. Weldon N. Edwards and William A. Graham were placed in nomination. The election was, in a sense, a test of the strength of the two elements composing the convention, which may be called for convenience the secessionists and the revolutionists. The former won, and Edwards was elected by a vote of 65 to his opponent's 48. As soon as he had taken the chair George E. Badger presented a paper for consideration. It was not read at the time but post- poned until complete organization should be effected. After this had been completed the president read a communica- tion from F. J. Moses, commissioner from South Carolina to present her ordinance and to invite the cooperation of North Carolina. He was received by the convention and made a most insolent and patronizing speech, welcoming the prospects which he saw for North Carolina's joining in the cause of the South.1

Judge Badger's paper was then read to the convention. It was an elaborate review of the condition of the country and the causes which made separation necessary, and it pro- vided for separation by means of revolution, without any mention of secession in the applied meaning of the word.2

Senator. W. W. Holden had been a member of the Commons. Ken- neth Rayner had been a member of the convention of 1835, member of the Commons and of the Senate, and member of Congress. R. P. Dick had been United States District Attorney. Burton Craige had been a member of the Commons and of Congress. 'George Howard had been prominent as an editor and was a Superior Court judge. John A. Gilmer had been State Senator and member of Congress. He was the Whig candidate for Governor in 1854, but was defeated. He declined the Treasury portfolio in President Lincoln's cabinet.

1 State Journal, May 22, 1861.

J The following is a summary of the Badger ordinance : The pream- ble asserts —

1. That Lincoln and Hamlin were chosen by a sectional party, hos- tile to Southern institutions.

2. That North Carolina, though aggrieved thereby, declined to join

28 RECONSTRUCTION IN NORTH CAROLINA

Burton Craige then offered as a substitute an ordinance

the States first seceding, but being ardently attached to the Union, re- mained therein, hoping that what was threatening might be removed and guarantees for the security of her rights be given, in the mean- time exerting her influence for the accomplishment of these ends.

3. While indulging this hope President Lincoln called on the States for troops to invade the seceding States, in order to subject them to military authority; that there was no act of Congress authorizing such call, and that such act, if passed, would be unconstitutional.

4. The call was answered with enthusiasm throughout the non-slave- holding States.

5. It is evident from the tone of the press of those States and the avowal of their public men, that their " government and people intend to wage a cruel war against the seceded States, to destroy utterly the fairest portion of their continent, and to reduce its inhabitants to abso- lute subjection and abject slavery."

6. President Lincoln, without shadow of rightful authority, has de- clared the ports of North Carolina as well as all the other Atlantic and Gulf States, under blockade, thus seeking to cut off her trade with all parts of the world.

7. The whole conduct and words of said Lincoln have been false, disingenuous and treacherous.

8. That he is governing by military rule alone, increasing army and navy without authority, and setting aside constitutional and legal re- straints.

9. His "unconstitutional, illegal and oppressive acts," his "wicked and diabolical purposes," and his " position of usurper and military dictator " were sustained by the non-slaveholding States.

Therefore this convention, in the name and with the sovereign power of the people of North Carolina declare —

1st. All connection of government between this State and the United States, dissolved and abrogated, and this State to be a free, sovereign, and independent State, owing no subordination, obedience, support or other duty to them, their constitution, or authorities.

2nd. That " this State has full power to levy war, conclude peace, contract alliances, and do all other acts and things which independent States may of right do."

3rd. "Appealing to the Supreme Governor of the world for the jus- tice of our cause, and beseeching Him for His gracious help and bless- ing, we will to the uttermost of our power, and to the last extremity, maintain, defend, and uphold this declaration."

This summary is taken from Dr. K. P. Battle's monograph, Legisla- tion of the Convention of 1861.

SECESSION AND WAR IN NORTH CAROLINA 2g

which had been prepared by Judah P. Benjamin and which he introduced at the request of Governor Ellis.1 It was as follows :

An ordinance dissolving the union between the State of North Carolina and the other States united with her under the compact of government entitled " The Constitution of the United States."

We, the people of the State of North Carolina, in convention assembled, do declare and ordain, and it is hereby declared and ordained, that the ordinance adopted by the State of North Carolina in the convention of 1789, whereby the Constitution of the United States was ratified and adopted, and also all acts and parts of acts of the General Assembly, ratifying and adopting amendments to the said Constitution, are hereby re- pealed, rescinded, and abrogated.

We do further declare and ordain that the union now sub- sisting between the State of North Carolina and the other States, under the title of " The United States of America," is hereby dissolved, and that the State of North Carolina is in full possession and exercise of all those rights of sovereignty which belong and appertain to a free and independent State.2

An attempt to have the convention sit with closed doors failed. Judge Ruffin then introduced a resolution declaring it the sentiment of the convention that the State should sever its connection with the United States 'and join the Confederacy, and referring the whole question of the means which should be employed to a committee which should be instructed to consider the matter and report a suitable ordi-

1 The ordinance, which was prepared by Judah P. Benjamin, was brought to Raleigh from Montgomery by James Hines, a North Carolinian, and delivered to Gov. Ellis, who asked Burton Craige, the member from his county, to introduce it.

1 Convention Journal, p. 13.

3o RECONSTRUCTION IN NORTH CAROLINA

nance.1 The minority in the convention, with possibly a very few exceptions, were as thoroughly convinced as the majority that separation was necessary, and under existing circumstances, desirable. But they were not prepared, ex- cept as a last resort, to give their assent to the doctrine of secession, the right of which had been utterly denied by many of them. They believed that the time had fully come for revolution, and their contention was that the conven- tion ought to ignore any question of secession and pass an ordinance which would not be a constitutional, but simply a revolutionary act. But the majority of the convention were secessionists now, whatever their belief had been in the past, and they would not hear of the plan, nor would they submit to any delay. Badger's ordinance was stricken out by a vote of 72 to 40. He at once left the hall and went home.2 Judge Ruffin, still hoping to alter the Craige ordi- nance, moved to amend it so that it would be a simple dec- laration of the dissolution of the union existing between North Carolina and the other States. Kenneth Rayner said that it made little difference to him personally what kind of ordinance was adopted, but that he thought something was due the secessionists and South Carolina. This was the opinion of the majority, for the resolution was defeated.3 The Craige ordinance was then passed receiving the vote of every delegate present, one hundred and fifteen in all. Wil- liam A. Graham, as he voted, said that in so doing, he waived all further question of the right of secession. Judge Ruffin, for most of his life probably the staunchest believer

1 State Journal, May 22, 1861.

2 A member of Judge Badger's family relates that after his return home, he was seated at the dinner table when the ringing of the Capitol bell announced secession. Judge Badger raised his hand and said, "The death knell of slavery."

* The vote on Judge Ruffin's resolution was 49 yeas to 66 nays.

SECESSION AND WAR IN NORTH CAROLINA 31

in and supporter of the Union in the convention, said that if a halter were about his neck he would still vote aye.1

The announcement of the vote was received with great applause on the floor and in the galleries, and the bell on the Capitol was the signal for a roar of salutes which followed from the military companies in the Capitol Square and all over Raleigh. When quiet was restored the convention, on motion of W. F. Leak, cheered South Carolina vigorously.2

An ordinance was then introduced ratifying the Consti- tution of the Provisional Government of the Confederate States and signifying North Carolina's willingness to join the Confederacy. An attempt to submit the ordinance to the people for ratification failed, the unanimous vote of the convention being its only ratification. A resolution ratifying the permanent Constitution of the Confederacy was referred to a 'committee and the convention adjourned for the day. Its action excited the wildest enthusiasm throughout the State. Secession had been an assured fact, but no one had dreamed of its receiving a unanimous vote.3

The following day, when Judge Badger returned to the convention, he asked leave to have his name recorded as voting for the secession ordinance, saying, at the same time, that he objected to the wording of the ordinance, and utterly repudiated any belief in the right of secession.4 That night, in the presence of a large and enthusiastic body of spec-

1 State Journal, May 22, 1861. 8 Ibid., May 22, 1861.

3 Holden said four years later that he voted for the secession ordi- nance only because, if he had not, he would have been hung in the Capitol Square by order of Gov. Ellis, or forced to leave the State. Apart from anything else to the contrary, the fact that no demonstra- tion hostile or discourteous to Badger was made, proves the falsity of his belief.

* State Journal, May 29, 1861.

32 RECONSTRUCTION IN NORTH CAROLINA

tators, the enrolled ordinance of secession was signed by one hundred and twenty delegates, the full membership of the convention. Holden is reported to have held up the pen with which he signed and said that he would hand it down to his children as their proudest heritage.1 The first act was completed, the reversal of which was only to be ac- complished by four long years of war with its attendant bitterness, sorrow, privation, and misery of every sort. But at the time no thought of this was present. There was sincere regret at separation from the Union which had been cherished to the last; but rejoicing at freedom from condi- tions which had long been irksome and martial excitement were dominant, and, casting regret behind, all now turned their attention to preparation for the war. Regarding this, there seems to have been little doubt in the public mind of the ultimate success of the South, but very few deceived themselves with the belief that the contest would be a cam- paign simply of one summer.

Copies of the ordinance of secession and the ratifying ordinance were sent to President Davis by the convention, and on May 27 North Carolina was proclaimed a member of the Confederacy. On June 6, an ordinance was passed, rati- fying the permanent Constitution of the Confederate States. This ordinance was not formally ratified until June 19. The convention was much criticised for its delay in ratification. Under the lead of W. A. Graham, assisted by R. P. Dick and Kenneth Rayner, a strong fight was made against im- mediate action. Graham preferred that the State should act alone in her sovereign capacity, and not join any con- federacy at that time. Judge Rufnn and Judge Badger favored immediate ratification. The discussion at times

1 This has often been denied, but has repeatedly been vouched for by those present.

SECESSION AND WAR IN NORTH CAROLINA 33

became somewhat heated, particularly between Graham and Badger. Party spirit too became apparent.1 An ordinance declaring the right of secession for cause was introduced and debated but never finally acted on.2 In the meantime the convention had begun the transfer to the Confederacy of the forts and arsenals within the borders of the State.

During the first session the convention passed in all thirty-five ordinances. These were of more or less im- portance, but it seems that the convention after the first day spent time in discussion far out of proportion to the amount of legislation accomplished. This was in part due to the large number of lawyers and political leaders in the body. Besides the ordinances already mentioned its work included acts defining treason against the State,3 postponing the next session of the legislature from June 25 to August 15,4 relieving volunteers from the payment of poll tax,5 se- curing to the citizens of the State in the military ser- vice of the State or the Confederacy the right to> vote,6 and appropriating the sum of $3,200,000 to meet the de- mands on the treasury for the next two years.7

The convention elected a full delegation to the Provi- sional Congress of the Confederacy. The " old Union men " held a caucus, presided over by W. A. Graham, and

1 Speaking of party spirit, Judge Ruffin said, "Let us no longer talk of being secessionists now or Union men now, for we are all secession- ists from Northern tyranny and Union men for the Southern Confed- eracy."

2 Journal, p. 74.

* Ordinances, p. 7.

* Ibid., p. 7. This caused much dissatisfaction, as did a proposition to dissolve the General Assembly.

5 Ibid., p. 35.

* Ibid., pp. 40-1. 7 Ibid., pp. 42-6.

34 RECONSTRUCTION IN NORTH CAROLINA

nominated candidates,1 but the independent vote decided the election, and the delegates were chosen from both of the old parties.2 After this the convention adjourned on June 28 to meet the following November, unless sooner called by its president.3

In the meantime the State was making every effort in preparation for the war. Volunteering was still going on with no sign of any decrease. It is not the purpose of this study to enter into military history. But a more accurate view of internal conditions can be obtained if it be men- tioned that by August, 1862, the State had furnished to the military service of the Confederacy 64,636 volunteers. By November, 1864, 21,608 had been added to this number. Before the end of the war, it furnished also 21,343 con- scripts, 9,893 reserves, 3,203 state troops, 3,117 detailed men, and 3,100 serving in regiments from other States, making a total of over 126,000. Besides this, several thou- sand home guards were in service. This was nearly one- sixth of the Confederate army.4 Her military population was 115,369. North Carolina also furnished to the Union army 3,146 white and 5,035 colored soldiers. But of the latter 1,781, enlisted in 1864, were credited to several North- ern States to fill out their quota for the draft.5 Of the

1 Battle, Legislation of the Convention of 1861, p. 126.

2 The delegates were as follows : For the State-at-large, George Davis and W. W. Avery. For the districts, W. N. H. Smith, Thomas Ruf- fin (of Wayne), Thomas D. McDowell, Abram Venable, John M. Morehead, R. C. Puryear, Burton Craige, and A. T. Davidson. Avery, Ruffin, Craige, Venable, and McDowell were Democrats and original secessionists. The rest of the delegates were Whigs. Davis had favored secession since the close of the Peace Conference.

3 A committee, consisting of W. A. Graham, Thomas Ruffin, J. W. Osborne, and Asa Biggs, was empowered to summon it in the event of the death of the president.

4 North Carolina Regimental History, vol. v, p. 1. 6 Off. Rec., no. 126, pp. 116 et seq.

SECESSION AND WAR IN NORTH CAROLINA 35

higher officers in the military service of the Confederacy,, the State had two lieutenant generals,1 seven major gen- erals,2 and twenty-six brigadier generals.3

Governor Ellis died in July in Virginia where he was trying to recuperate after the severe strain of the preceding months. He was succeeded by Henry T. Clark, speaker of the Senate.

The General Assembly met in August. It spent most of the session arguing against the assumption of power by the convention. An attempt was made to submit to the people the question as to whether the convention should meet again. This, naturally, was unsuccessful. Adjournment came in September, after a session of more than a month.

The early battles of the war produced intense enthu- siasm, often out of proportion to their importance. The fight at Bethel, for example, was hailed as a great victory and caused more rejoicing than some of the later successes of infinitely greater importance. But hardships soon began. By the autumn of 1861 prices were rising and speculation in the necessaries of life commencing. And there also

1 T. H. Holmes and D. H. Hill. General Hill's nomination was never sent to the Senate for confirmation.

2 W. H. C. Whiting (killed), Robert Ransom, William D. Pender (killed), Robert F. Hoke, S. D. Ramseur (killed), J. F. Gilmer, and Bryan Grimes.

8 R. C. Gatlin, L. O'B. Branch (killed), J. J. Pettigrew (killed), George B. Anderson (killed), J. G. Martin, T. L. Clingman, Junius Daniel (killed), James H. Lane, John R. Cooke, R. B. Vance, A. M. Scales, M. W. Ransom, L. S. Baker, W. W. Kirkland, R. D. Johnston, James B. Gordon (killed), W. R. Cox (temporary), T. F. Toon (temporary), W. G. Lewis (temporary), Rufus Barringer, John D. Barry (temporary), A. C. Godwin (killed), William McRae, C. Leven- thorpe, Gabriel Rains, and W. P. Roberts. Generals Hill, Cooke, and Whiting were not natives of the State. Generals Bragg, Leonidas Polk, Lucius Polk, Wilcox, Zollicoffer, L. A. Armistead, Loring, and McCul- lough were natives of North Carolina, but were appointed from other States.

36 RECONSTRUCTION IN NORTH CAROLINA

appeared a bitter party spirit, which, at this time, above all others, should have been absent. Party feeling, always intense in the State, had never been more so than in the period which now followed.

3. WAR POLITICS AND THE PEACE MOVEMENT

Party spirit slept, or more properly, appeared to sleep, only a short time after May 20.1 Reference has already been made to the caucus held by the " Union men " during the first session of the convention. This was held at Hol- den's residence, and the Standard was the recognized organ of the faction, which was soon to assume a party name. Holden's attacks upon Governor Ellis ceased for a short time after secession, but were soon renewed with increased bitterness. His paper, from being very lukewarm towards the Confederacy, had become, by this time, apparently, a strong supporter of it and was most violent against the North. But in the state administration it found no good. Governor Ellis's military appointments were sharply criti- cised, and this led to a newspaper war that lasted to the close of actual hostilities, and in fact, during the whole period of Reconstruction, with one short truce. The hatreds aroused at this time materially influenced the his- tory of the State for the next ten years. Bitterness, how- ever, was by no means confined to Holden or those who acted with him. He was hated by the Democrats, who felt that he had deserted them, and distrusted by as many Whigs for the same reason.

The opposition to the war party was quiet at first, but grew steadily. By a combination with the friends of Wil- liam T. Dortch, the opposition secured his election to the

1 Jonathan Worth, in a letter to James B. Troy, May 21, 1861, said there was only a feigned alliance between the two parties. Hamilton, ed., The Correspondence of Jonathan Worth, i, p. 150.

SECESSION AND WAR IN NORTH CAROLINA 37

Confederate Senate. The reason assigned for defeating W. W. Avery, who had been delegate for the State at large to the Provisional Congress, was that the views of Dortch regarding secession had been more moderate.1 The first open division along party lines was in the presidential elec- , tion in November, 1861. The Standard published an elec- toral ticket which failed to meet with the approval of the State Journal, and the latter at once published an opposition ticket containing, however, five of the names which were on the original ticket.2 The Journal's ticket was successful, and this was regarded by the war party as a vote of confi- dence. The cleavage was more evident when the convention re-assembled in the winter. Early in the session a resolu- tion was unanimously passed declaring their belief in the justice of the war and in the patriotism and integrity of the state and Confederate administrations. But little else in its proceedings showed unanimity.

Probably the most important question of the session was regarding an ordinance to define and punish sedition, which was introduced by Judge Biggs, and which, among other things,3 provided for a test oath to be administered to all

1 Standard, September 18, 1861.

1 It is interesting to notice that during the war there was no state political convention. The nearest approach to it was a peace meeting in the Tenth Congressional District in 1864, which nominated George W. Logan for the Confederate Congress. All other nominations were made by or through the newspapers.

8 The ordinance also declared any of the following offences to be a misdemeanor and, as such, punishable: (a) Attempting to convey in- formation to the enemy, (b) Publishing and deliberately speaking against the public defence, (c) Maliciously and advisedly endeavoring to excite the people to resist the government of the State or of the Confederate States, (d) Persuading the people to return to a depend- ence on the government of the United States, (e) Knowingly spread- ing false and dispiriting news, (f) Maliciously or advisedly terrifying and discouraging the people from enlisting into the service of the State

38 RECONSTRUCTION IN NORTH CAROLINA

males in the State except the volunteers. The penalty for refusal to take it was exile from the State. Naturally it met with great opposition. This was led in the convention by William A. Graham and R. P. Dick. The former's speech in opposition to it was probably the main cause of its failure. He placed particular stress on the injustice to the Quakers. The latter argued that it would lead to the belief that North Carolina was a nest of traitors, a theory which was disproved by the large number of volunteers that had gone to the front, and that the spirit of the thing was con- trary to the principles and ideas of the State.1 The ordi- nance was tabled indefinitely by a large vote in December, and an attempt made the following February to consider it without the test oath, was defeated by a vote of 41 to 37.* The matter was brought up again at the last session with the same result. The proposed ordinance was never popular in the State, and was regarded with horror by many.3

During the session resolutions were introduced, declar- ing against party spirit, but they were never allowed to come to a vote, as the friends of the administration saw in them a veiled attack upon President Davis, Governor Ellis, and Governor Clark, and succeeded in having them tabled. Many other things were considered by the convention, and, remembering the difficulties experienced in the past in secur-

or Confederate States, (g) Stirring up or exciting tumults, disorders, or insurrections in the State, (h) Disposing the people to favor the enemy, (i) Opposing or endeavoring to prevent the measures carried on in support of the freedom and independence of the Confederate States. This summary is taken from Battle, Legislation of the Con- vention of 1861.

1 Standard, Dec. 18, 1861.

3 The State lournal said this was a strict party vote.

8 Battle, Legislation of the Convention of 1861, p. 124. The vote on tabling it was 47 to 43. lournal, p. 64.

SECESSION AND WAR IN NORTH CAROLINA

39

ing amendment and revision of the constitution, it discussed and laid plans for quite a number of important constitu- tional changes. These were never finally adopted by this convention. Various matters, however, occupied its atten- tion, and a fourth session was held in April, 1862. It ad- journed in May, subject to the call of the president, and if no call was made by November, 1862, this adjournment was to become sine die.

By the time of its last session, the convention had be- come unpopular with the people generally. It accomplished little that they felt could not have been done by the General Assembly, and they were anxious for its adjournment. The original secessionists in the convention were in part respon- sible for this feeling, for they were in the minority and con- sequently desired adjournment in order that the legislature, in which they had a majority, might control the State.1

An effort was made before the convention adjourned to influence it to declare the office of governor vacant and to elect a successor to Governor Clark. As Holden was promi- nently connected with this enterprise, it was commonly sup- posed that he desired the office.2 The plan failed, but the convention provided for an election for governor and or- dered that he should assume the duties of the office in Sep- tember, instead of the following January.3 Immediately the campaign began. The State Journal proposed that a convention should be held and its nominee elected without a contest. The press, with the exception of the Standard, favored this idea, but when it was seen that a contest was inevitable, the Charlotte Democrat nominated William Johnston. He was, although a Whig, representative of the

1 Journal, p. 130.

8 Western Sentinel, Jan. 31, 1862.

3 Ordinances, 2d sess., p. 7.

4q RECONSTRUCTION IN NORTH CAROLINA

secession party, and it was felt that his business training and his executive ability as shown in his career as a rail- road president, and, since the beginning of the war, as com- missary general of the State, would render him suitable for the position.

Meanwhile the "Conservatives," as they now called them- selves, were casting about for a candidate. William A. Gra- ham was their first choice, but he declined to allow the use of his name. Through the influence of A. S. Merrimon, the Fayetteville Observer nominated Zebulon B. Vance, of Buncombe, at the time colonel of the 26th North Carolina regiment. He had been a Whig member of the Thirty-sixth Congress and had opposed secession until the call for troops, when he became a secessionist.1 He then volunteered and rose rapidly to the rank of colonel. In the fall of 1861 he declined to be a candidate for Congress on the ground that there was greater need of fighting men,2 and even now he was very doubtful as to the wisdom of allowing his name to be used, but finally consented.3

A large part of the press opposed a personal canvass in 1862, but the Standard said, " Honest men do not fear a public discussion, but only the venal and corrupt," 4 and urged that one should be held. But apart from Vance's speeches in the army, the candidates took little part in it. The campaign was one of extreme heat and bitterness, es- pecially among the newspapers.5 There was no real issue

1 Vance said he was speaking for the Union with his arm raised when the news came of the President's call for troops and his arm fell to the side of a secessionist. Speech to Andrew Post, G. A. R.

a Dowd, Life of Vance, p. 68.

3 His letter of acceptance is in the Fayetteville Observer of June 18, 1862.

4 Quoted in Western Sentinel of April 18, 1862.

5 In the campaign the Standard, Fayetteville Observer, Hillsboro

SECESSION AND WAR IN NORTH CAROLINA 41

regarding the war, for both parties claimed to have the same objects in view. It was really a campaign fought on the personality of the leaders. This was frankly the case so far as the Conservatives were concerned. But the original secessionists or " Confederate " party, saw, or appeared to see, in the success of the Conservatives, a complete sur- render to the North. They adopted as a platform the reso- lutions of confidence passed by the convention, and placed a summary of them upon their ticket which was as follows:

NORTH CAROLINA CONF. TICKET.

ITS PRINCIPLES:

An unremitting prosecution of the war; the war to the last extremity ; complete independence; eternal separation from the North; no abridgement of Southern territory; no alteration of Southern boundaries; no compromise with enemies, traitors, or tories.

JEFF. DAVIS, OUR ARMY, AND THE SOUTH.

FOR GOVERNOR I

WILLIAM JOHNSTON,

OF MECKLENBURG.

It was not remarkable that the designs of the Conserva- tives were a cause of suspicion to their opponents. Nor is it probable that they were mistaken in their opinion of the objects of Holden. He was outspoken now in his opinion of the war, and said, " All those who, with South Caro- lina, preferred to break up the government, and who have not repented for so doing, will vote for Colonel Johnston." *

Recorder, Greensboro Patriot, Wadesboro Argus, Franklin Carolinian, Hendersonville Times, Salem Press, and Salisbury Watchman favored Vance, while the Wilmington Journal, Raleigh Register, State Journal, Winston Sentinel, Concord Flag, Statesville Express, Shelby Eagle, Asheville News, Western Democrat, Charlotte Bulletin, and Charlotte Whig, were for Johnston.

1 Standard, June 21, 1862.

42 RECONSTRUCTION IN NORTH CAROLINA

But both Holden and his opponents were mistaken regard- ing the character and purpose of most of his associates.

During the campaign a number of things, apart from the political questions involved, contributed to aid the Conser- vative cause. Since the beginning of the war there had been much dissatisfaction in the State at the attitude of Virginia towards North Carolina. There was a feeling also that it was due largely to Virginia influence that more North Caro- lina officers were not rewarded for their services by promo- tion. The Standard, as a ground for attack on the Confed- erate government, commented frequently on this. Just at this time the Richmond Enquirer commenced a series of attacks on the State. It is needless to say that the most was made of them for campaign material. Another material ad- vantage was gained when Judge Badger made public a letter he had written to John S. Ely, of New York, and trans- mitted through Edward Stanly, who had lately been ap- pointed military governor of North Carolina. This de- fended the action of the former Union men of the State and declared that they were all true to the Confederacy and would never consent to a reunion with the North. This had effect in allaying the fears of many who were in doubt as to the loyalty of the leading Conservatives.

The "Confederates" tried to offset this by quotations from the Northern papers, which were just now devoting much attention to North Carolina, and declaring that the election of Vance would be a Union victory.1 The New

1 The Philadelphia Inquirer of June 18, 1862, commenting on the editorials of the Standard, said, " But here it comes out square and full, and in defiance of the Rebel powers, plants itself beside the old and honored Union. Who can doubt that a State where such words are boldly uttered at a hundred miles distance from our armies, is ready to return, is even now returning, from her prodigal and ruinous career?" After the election it said, "The issue in North Carolina was squarely secession against anti-secession. * * * The result is a Union victory."

SECESSION AND WAR IN NORTH CAROLINA 43

Era, published in Washington, N. C, which was now occu- pied by the Federal troops, issued an appeal to all Union men to vote for Vance and the other Conservative candi- dates.1 But the people could not be convinced that Vance was untrue, and an overwhelming victory was the result of the election. Out of a total vote of 74,871 he received a majority of 33,975. Johnston carried only twelve counties. Out of the army vote of 11,683, not distributed by counties, Vance's majority was 3,691. Never before had there been such a majority in a North Carolina election.

Governor Vance, in his inaugural, outlined his policy and brought comfort to those of his opponents who had be- lieved that he favored a return to the Union. Speaking of secession, he said, " It was not a whim or sudden freak, but the deliberate judgment of our people. Any other course would have involved the deepest degradation, the vilest dis- honor, and the direst calamity. We also accepted with the act all its inevitable consequences, a long and bloody war. ... To prosecute this war with success is quite as much for our people as for our soldiers to do. One of the most vital elements of our success is harmony. On this great issue of existence itself let there, I pray you, be no dissent- ing voice in our borders." To the surprise of many he pledged the enforcement of the conscript law. The speech throughout was a plea, and at the same time a pledge, for the untiring prosecution of the war. It met with hearty

1 The Register answered the appeal of the New Era as follows : "Voters of North Carolina! Do you doubt now the end and aim of Conservatism? Do you doubt that the Conservatives of the Depart- ment of North Carolina (Stanly's Department) and the Conservatives of the rest of the State are united by the common tie of reconstruc- tion. Will you not see the gulf that is yawning at your feet and crush out a party that would force you into a Union with those who are waging against you the most brutal war that the malice of the devil ever instigated?"

44 RECONSTRUCTION IN NORTH CAROLINA

approval all over the State, the most cordial feeling being expressed by his political opponents, and all question of his position regarding the war was at an end.

It is not likely that at this time many people in the State meditated a return to the Union. It is certain that there was a small number who were planning for such a thing whenever a suitable opportunity arose. But extreme dis- satisfaction was present in many quarters and from various causes. The lack of an adequate coast defence, from the beginning of the war, was a ground of attack upon the Con- federate government1 The establishment of the military prison at Salisbury caused much dissatisfaction, particu- larly in its neighborhood. This increased as the war pro- gressed and many. North Carolinians were imprisoned there.2 Disloyalty appeared in the eastern counties at the time of Federal occupation, and there was more or less of it throughout the war. As the year 1862 advanced cases elsewhere became more frequent. The assertion was con- stantly made that extreme disloyalty existed in Davidson,* Forsyth, Randolph, and Guilford counties. In Forsyth it was, at first, only a feeling in favor of peace, lacking lead- ers to make it a definite movement. In the campaign of 1862 one of the candidates for the legislature declared in favor of a compromise with the North and a reconstruction of the old Union.4 The great Quaker element in these coun-

1 The Wilmington Journal even called for the southeastern counties to unite with South Carolina, as the State disregarded their necessity. September 25, 1862.

1 Clark to Seddon, January 5, 1862.

* As early as July, 1861, Gov. Clark was notified of treasonable ut- terances and actions in Davidson, but was powerless to do more than appeal to the people to assist him by their influence. Executive Cor- respondence, Clark, p. 57.

4 His speeches were quoted in the Western Sentinel of July, 1862.

SECESSION AND WAR IN NORTH CAROLINA 45

ties was largely responsible for the opposition to the war, and although from it was furnished a considerable number of volunteers, the discouraging of volunteering and quiet resistance to conscription were so frequent that Governor Clark was compelled to issue a proclamation against them.1 Deserters, also, began to come to these counties in such numbers as to excite attention. In March, a company was ordered for duty in Chatham for the purpose of arresting them. The state administration was practically powerless, for the criminal code made no provision for the offence, and the military code was almost useless in North Carolina.2 At the election of 1862 troops had to be sent to Wilkes and Yadkin to prevent the deserters from interfering at the polls.

In the extreme West, matters had assumed a still more serious aspect. - General E. Kirby Smith was forced to send a detachment of troops to Madison County. He wrote Governor Clark that the whole population of Laurel Valley was hostile to the Confederacy and that all the males were under arms. Skirmishing was kept up the whole time the troops were in the valley.3 Application was made to the War Department by the State for a military court for west- ern North Carolina for the sole purpose of trying de- serters,4 but no attention was paid to the request. Governor Vance, soon after his inauguration, asked that troops might be sent there, and suggested that they should' be from other States that the temptation to desert might be less. In the autumn many of the deserters crossed over into Tennessee, and many formed organizations there for their defence.5

1 Executive Correspondence, Clark, p. 301.

2 Message to the Council of State, February, 1862. 8 Off. Rec, no. 10, p. 629.

4 Ibid., no. 128, p. 674

5 Ibid., no. 23, p. 940.

46 RECONSTRUCTION IN NORTH CAROLINA

In the spring of 1862 another cause of discontent was the appointment of W. S. Ashe by the Confederate govern- ment to procure arms in the State. He advertised that he was authorized to purchase arms, and if necessary, impress them. Governor Clark at once issued a proclamation to the people, declaring that there was no legal authority to direct the seizure of arms, and asking them to sell to the State whatever arms they had. He also wrote to Ashe and told him that no seizure of arms would be permitted.1

The new General Assembly had a decided Conservative majority, and at once proceeded to oust the secretary of state and treasurer and replace them with Conservatives.2 This was the beginning of the execution of the plan which Holden had mapped out. Every Conservative member who exercised his own judgment in voting and so gave "aid and comfort " to the " Destructives," as he called the " Con- federates," was condemned as guilty of bad faith.3 In further pursuance of the policy William A. Graham was elected to the Confederate Senate to succeed George Davis. The adjutant general of the State, J. G. Martin, held also the rank of brigadier general in the Confederate service; and because of this his office was declared vacant, and a successor chosen.4 The attorney general shared the same fate.5

The usual resolutions declaring the separation from the Union final and endorsing President Davis and Governor Vance were passed.6 The North Carolina delegation in the

1 Executive Correspondence, Clark, p. 301.

2 J. H. P. Russ was elected secretary of state and Jonathan Worth, treasurer.

3 Standard, December 3, 1862.

4 Daniel G. Fowle became adjutant general.

5 Sion H. Rogers succeeded W. A. Jenkins as attorney general.

6 Laws, 1862-3, p. 43.

SECESSION AND WAR IN NORTH CAROLINA 47

Confederate Congress were requested to urge the repeal of the " twenty-negro " clause of the military exemption act as unnecessary and in violation of the Bill of Rights and the spirit of North Carolina institutions.1 A protest was made against the policy of burning cotton in the eastern part of the State.2

A great deal of unfriendly criticism had been aroused a short time before by the arrest as a spy, by order of the Confederate authorities, of Rev. J. R. Graves, a minister of Orange County.3 His chief offences had been an unwise conversation while on his way South through the federal lines, and a letter predicting a long war, which gave some slight information to the enemy. He was carried to Rich- mond and imprisoned. The General Assembly now directed the governor to demand his release. Upon his demand, Secretary Seddon gave an account of the causes of his ar- rest, justifying it on the ground of necessity, but disavow- ing the responsibility for removing Graves from the State. No evidence was found against him and he was released.4 Acts of this kind produced intense indignation in the State and fed the growing discontent with the Confederate gov- ernment and its policy. Governor Vance in his message in- formed the legislature that there were many citizens of the State confined at Salisbury for political offences, and asked that steps be taken to preserve the rights of the people. He was accordingly instructed to inquire into the-causes of the arrest of the political prisoners,5 and relief was granted by

1 Laws, 1862-3, p. 49.

2 General French had lately ordered all cotton east of the Wilming- ton and Weldon railroad to be burned to prevent its capture by the enemy.

8 Off. Rec, no. 118, pp. 98-100, 794-5.

4 Governor's message, 1862.

5 Laws, 1862-3, chap. xlvi.

48 RECONSTRUCTION IN NORTH CAROLINA

an act providing that the writ of habeas corpus should be issued, directed when necessary to the sheriff of the county where the arrest took place, by whom it should be executed.1

A bill was introduced providing for the enlistment of ten regiments of volunteers between the ages of eighteen and forty-live years of age, not liable to conscription. The bill was introduced by Judge Person. But it was so amended as to omit the provision of non-liability to conscription, and an effort to insert a preamble stating that no conflict should occur with the laws of the Confederacy was unsuccessful. It was clearly the purpose of the Conservatives to prevent the execution of the conscript law, and this excited so much opposition that the bill was defeated in the Senate after passing the House. Immediately afterwards, as an answer to criticism from Virginia, a resolution was passed, vin- dicating the loyalty of the State and of the General Assem- bly. Seven " Confederate " members of the Senate and thirteen of the House voted against it on the ground that it endorsed the " Ten Regiment Bill." 2

The whole tendency of the majority in the legislature as expressed in their acts and resolutions was to oppose all further centralization of power by the Confederate govern- ment, and in so doing, oppose that government in other re- spects. W. W. Holden, although not a member, was the dominating influence in this policy.

Immediately after the adjournment of the legislature a meeting was held by the members who favored a vigorous prosecution of the war together with citizens who cared to join them. An address to the people was issued, condemning the action of those who were opposing the war, and a cen- tral committee and a committee of correspondence were ap-

1 Laws, 1862-3, p. 76.

a Journal, 1862-3, pp. 31, 190.

SECESSION AND WAR IN NORTH CAROLINA 49

pointed. Prominent in this movement were ex-Governor Bragg, who had lately resigned from President Davis's cabinet and was in a sense a representative of the Confed- erate government in the State, Kenneth Rayner, D. M. Bar- ringer, ex-Governor Reid, W. W. Avery, and Weldon N. Edwards.1

The period between the adjournment of the legislature in February and its assembling in extra session on June 30 at Governor Vance's call to consider financial matters, was without events of importance. It was marked, however, by a growing aversion to the conscript law and by constant appeals to the judiciary for writs of habeas corpus to ob- tain the release of those conscripted. Governor Vance, in May,2 ordered the militia officers not to arrest persons who had been discharged under the writ, and to resist such ar- rests by any persons not authorized by a court having juris- diction. At the same time the increase of desertions caused him to issue a proclamation urging all those absent from their commands to return at once.3 He issued a third proclamation asking for volunteers to enable him to comply with the President's call for seven thousand men for six months service in the State. He also referred the matter to the legislature when it met.

The session lasted only a week. In this time laws were passed providing for the enrolment of a force of militia and for the punishment of those assisting and > encouraging desertion. The governor was authorized to use the militia to enforce the conscript laws.4 Governor Vance visited the body while in secret session and urged the drafting of mag-

1 Register, February 18, 1863.

* Proclamation of May II, 1863.

* Register, May 16, 1863.

* Laws, Extra Session, 1863.

50 RECONSTRUCTION IN NORTH CAROLINA

istrates and secured the adoption of the exemption bill of the Confederate Congress.1

Up to this time the peace sentiment had been expressed only individually. It reached the public, as a general thing, only through the editorial columns of the Standard and the Progress 2 and such papers as quoted them in opposition to their policy. But a change now took place. Major Brad- ford, a Virginian, was appointed to collect the Confederate tithes in North Carolina. The ill feeling existing at the time on account of North Carolina's troops being placed under officers from other States was intense, and the discon- tent at other acts of the government has been noticed. This was well known at Richmond, and the appointment was regarded in the State as showing a total disregard for the wishes of the people. Criticism was so severe and the people were so aroused that Governor Vance finally re- quested the withdrawal of Bradford and the appointment of a North Carolinian. This was done, but a pretext had already been given for action by the discontented element. Early in July the Standard called upon the people to as- semble and express their opinion on the state of the coun- try.3 This was followed a week later by an editorial which expressed the feeling behind the movement, " Peace ! When shall we have peace? " It then quoted with approval from the Progress as follows : " We favor peace because we be- lieve that peace now would save slavery, while we very much fear that a prolongation of the war will obliterate the last vestige of it." 4

1 Off. Rec, no. 128, p. 619.

2 The Progress had been published in New Bern until federal occu- pation of the place. It was now conducted in Raleigh and was strongly opposed to the Confederate government. It had formerly been a strong secession paper.

3 Issue of July 8, 1863. * Standard, July 17, 1863.

SECESSION AND WAR IN NORTH CAROLINA 51

During the last week in July two meetings were held in Wake County. One demanded any peace that would give equality with the North. The other requested President Davis to suspend hostilities and call a convention of the States.1 Both denounced the Confederate administration and endorsed Holden. Surry followed a few days later demanding " The Constitution as it is and the Union as it was." 2 In close succession there followed meetings all over the State. The proceedings of sixty, held in about thirty counties were published.3 A large meeting was also held for the Tenth Congressional District. There is such a similarity in the resolutions passed that it is evident that they originated from the same source. Holden denied this and said that the meetings and resolutions were purely spontaneous.4 But the evidence proves the contrary. Dur- ing the preceding January a meeting had been held in the 14th North Carolina Regiment to protest against the pro- posed " Ten Regiment Bill." Holden then threatened that if such meetings were held in the army he would start them at home for the people to " express their opinion on the state of the country." 5 President Davis had been warned before the movement began that a series of such meetings was to be held and that many feared that there was to be open resistance to the Confederacy. It was also intimated that the plan was to excite the people and co-operate with the enemy.6 He informed Governor Vance' of this, who replied that there was no reconstruction party in North

1 Standard, July 29, 1863.

2 Ibid., Aug. 12, 1863.

3 Holden said that over one hundred were held. * Standard, Aug. 12, 1863.

5 Ibid., Jan. 14, 1863.

6 Off. Rec, no. 108, p. 739.

52 RECONSTRUCTION IN NORTH CAROLINA

Carolina and that it would be unwise to take any steps against Holden. The governor acknowledged, however, the existence in the State of widespread bad feeling and dis- satisfaction with the Confederate government.1 Holden was evidently feeling the pulse of the State with a view to decided action for the Union. He had, a short while be- fore, written Andrew Johnson, then military governor of Tennessee, that the people of North Carolina were true to the Union and would seize the first opportunity to free themselves from the Confederacy.2 General J. G. Foster also heard from some private source that such a plan was on foot.3

The publication of the proceedings of these meetings aroused a storm of abuse, particularly in the army. Over thirty regiments passed resolutions denouncing Holden and the meetings. A convention composed of delegates from every North Carolina regiment met at Orange Court House, Virginia, and issued a protest, declaring false the claim of the Standard that the troops approved its action.4 In a few counties opposition meetings were held, and the grand jury of Surry, where the demand for peace had been most out- spoken, at the ensuing court, requested that all such meet- ings should cease, as they were disloyal and dangerous.5 Holden was burnt in effigy in several places, and the feel- ing against him was more bitter than it had ever been. Every paper in the State, with the single exception of the Progress, condemned him. William A. Graham and E. J. Hale both sought to dissuade him from his course but with-

1 Off. Rec, no. 108, p. 740.

1 Ibid., no. 50, p. 183. * Ibid., no. 45, p. 751.

4 Wilmington Journal, August 20, 1863. Holden claimed afterwards that the delegates were all officers and that the privates were in sym- pathy with him. But many of the delegates were privates.

6 Western Sentinel, Oct. I, 1863.

SECESSION AND WAR IN NORTH CAROLINA 53

Secure in the belief that he would not be harmed, he calmly watched the storm and said, "Let the people speak; it is refreshing to hear them."

Meanwhile Governor Vance, who, while anxious for peace, had opposed the meetings as dangerous until overtures came from the North,2 issued a proclamation urging the people to desist. General R. F. Hoke's brigade was ordered into the State about this time, and it was supposed that it was there to be on hand in case of any outbreak. So the meet- ings ceased. But Holden, and for that matter many others, felt that he had the masses with him. The army, however, was still hostile.3 So he contented himself with keeping the Standard full of communications that would keep the subject of peace before the people,4 and that would excite hostility to the Confederate government. He attempted to identify the movement with the one in Georgia, ignoring the fact that the latter demanded Confederate action, while he favored action by the State. The reports of the meetings which reached the North led there to the belief that North Carolina was about to withdraw from the Confederacy.5

1 Holden to Vance, Sept. 9, 1863.

2 Standard, July 29, 1863.

8 Jonathan Worth to J. M. Worth, August, 1863.

* Lewis Hanes commenced a series of ably written articles against secession and the war, signed " Davidson ". Dr. J. T. Leach also contributed a series of letters bitterly attacking the Confederate administration.

5 Edward Everett, in his speech at Gettysburg in 1864, said : " The heart of the people North and South is for the Union. Indications, too plain to be mistaken, announce the fact .... In North Carolina the fatal chain at length is broken. At Raleigh the lips of honest and brave men are unsealed, and an independent press is unlimbering its artillery. The weary masses are yearning to see the dear old flag floating again upon the Capitol, and they sigh for the return of peace, prosperity, and happiness which they enjoyed under a government whose power they felt only by its blessings."

54

RECONSTRUCTION IN NORTH CAROLINA

The meetings and discussions had one effect : they caused desertions from the army in considerable numbers.1 The matter now became alarming. The deserters congregated in the mountains where it was almost impossible to reach them and plundered and murdered at their own will. They made overtures to Governor Vance to enlist them for ser- vice in the State, but it was never allowed by the war de- partment.2 The home guard was utterly unable to cope with them, and in many places they were assisted and en- couraged by the inhabitants, who were actuated either by sympathy or fear.3 Nor were they only in the mountains. In Wilkes County five hundred of them were in a military organization under arms, and there were large numbers in Randolph, Catawba, Yadkin, and Iredell, not to mention other localities where they were not so numerous.4 A de- cided growth of Union sentiment was noticeable after Gettysburg and the fall of Vicksburg.5

The feeling aroused by the peace meetings was not long left without an outlet. In September a portion of Ben- ning's Georgia brigade 6 spent a night in Raleigh. A num- ber of the soldiers went to Holden's residence, but he eluded them and went to the Governor's Mansion and took refuge there until Governor Vance returned. After failing to find Holden the soldiers went to the Standard office and sacked it, throwing the type into the street. The press, however,

1 Off. Rec, no. 49, p. 660; Carolina Watchman, March 21, 1864.

* Off. Rec, no. 128, p. 674.

* Ibid., no. 49, p. 676.

4 Ibid., no. 128, pp. 783-5.

* Ibid., no. 35, P- 950.

6 The Georgia troops claimed afterwards that the soldiers of the 48th N. C. regiment were engaged in the riot, and The Spirit of the Age said the same thing.

SECESSION AND WAR IN NORTH CAROLINA 55

was not injured. Governor Vance, who was sent for, came and urged the mob to disperse without further violence. The next morning, in retaliation, a mob composed of citi- zens of Raleigh, led by Mark Williams, a strong Union man, sacked the office and utterly destro}^ed the property of the State Journal. Governor Vance again interfered to prevent further trouble. But for his preventive measures the Progress would have been destroyed the following night.1 He at once complained to the President, but, be- yond an investigation resulting in no evidence, nothing was done. For some time troops were not allowed to pass through the city for fear of the consequences, but even this prohibition did not last long.

The fall elections showed that although the peace feeling was strong in the State its voting strength was less than that of the Conservatives in 1862. The new delegation to the Confederate Congress had five of the Standard's can- didates. But in nearly every instance they were elected by a plurality vote over several candidates. A total vote of 30,641 was cast, and a majority of 2,834 was against the Holden candidates. This, from the number of elements entering into the contest, is slight evidence in itself, but it marks a difference.2 The successful candidates representing the peace feeling were James T. Leach, Josiah Turner, George W. Logan,3 Samuel Christian, and J. G. Ramsey.

So generally was the sentiment for peace diffused among the people, though no longer expressed in resolutions, that Governor Vance finally wrote to the President that the dis-

1 Fayetteville Observer, September, 1863. The State Journal never resumed publication. The Standard resumed in about a month.

1 Western Sentinel, January 28, 1864.

3 George W. Logan was nominated by the peace meeting for the tenth district. Standard, October 14, 1863.

56 RECONSTRUCTION IN NORTH CAROLINA

content in the State could only be removed by an attempt at negotiations with the enemy.1 The President replied that it was impossible on account of the refusal of the Washing- ton authorities. At the same time he expressed his distrust of any movement like that in North Carolina, and warned Governor Vance against delaying action too long in efforts at conciliation.2

The General Assembly met in November. Little legisla- tion of importance resulted. The governor was directed to use the militia for arresting conscripts and deserters only in their own or adjacent counties.3 The salaries of the state officers were increased to keep up to some extent with the depreciation of the currency.

Early in 1864 the Attorney General of the Confederacy resigned and was succeeded by George Davis, whose term in the Confederate Senate had not expired. W. A. Graham had already been elected to succeed him, and Governor Vance asked him to fill out the unexpired term. He re- fused, as did David L. Swain, who was later offered the appointment. Judge Edwin G. Reade finally accepted as a favor to Governor Vance.4

During the winter Governor Vance visited the Army of Northern Virginia, and a general review was held in his honor.5 He was there several days and spoke to the North Carolina troops frequently, urging and encouraging them to renewed efforts.6

1 Off. Rec, no. 108, p. 807. * Ibid., pp. 809-10.

3 Laws, 1863, chap, xviii.

4 Executive Correspondence, Vance, vol. ii, p. 64 et seq.

6 This seems to have been the only instance of the kind during the war.

6 General Lee said Vance's visit to the army in its results was equiv- alent to a re-enforcement of 50,000 men. Dowd, Life of Vance, p. 125.

SECESSION AND WAR IN NORTH CAROLINA

57

In North Carolina talk of the necessity of a convention was beginning to be heard. Resolutions demanding the call of one were prepared by Holden and J. T. Leach and introduced by the latter at a peace meeting held in Johnston County.1 Holden then decided that another series of meet- ings should be held. Governor Vance, while regretting the division which now came definitely between Holden and himself, refused to cooperate in the movement for a con- vention, and even thought of declining to be a candidate for re-election.2 Another series of thirty or more peace meet- ings was now held and their proceedings published. All were hostile to the Confederate government and nearly all demanded a convention. It is noticeable that Governor Vance was endorsed by nearly all of them. Holden, evi- dently, still hoped to control him, but Vance finally told him that all his pledges had been for a vigorous prosecution of the war and that his policy had been outlined in his in- augural address.3

The Richmond authorities were kept informed of the

1 The important part of the resolutions is as follows : " Whereas, the alarming and fearful tendency of the Confederate Government towards a military despotism by the enactment of unjust and oppressive laws, to citizens is just cause of complaint.

Resolved, That North Carolina, as a sovereign and independent State, has a right to consult the present good and future happiness of her citizens, and when she is forced to choose between a military despotism and her State sovereignty, for the good of the people' she will choose the latter by a convention of her citizens." Standard, January 12, 1864.

a Spencer, Last Ninety Days of the War in North Carolina, pp. 124 et seq.

3 Holden and Dr. Leach asserted later that Governor Vance had approved of the Johnston County resolutions. This was, on the face of it, false. In the summer B. F. Moore and Holden sought to gain Vance's support and he declared that sooner than withdraw the North Carolina troops he would let his arm fall from its socket. Moore to Holden, July 20, 1866.

58 RECONSTRUCTION IN NORTH CAROLINA

condition of feeling in the State,1 and if matters had as- sumed a more serious aspect, would probably have inter- fered. Governor Vance, too, entered into a correspondence with President Davis which became decidedly unpleasant in tone as it progressed. The President was warned that if the writ of habeas corpus should be suspended and arrests made in the State,2 there would be resistance, particularly if these arrests appeared unconstitutional. Governor Vance advised as little use of military power as possible, and said that if there were no military interference he had no fear of the appeal to the ballot box, as good and true men were working against any call of a convention and would do so while the civil law remained intact, and he did not believe the required majority for calling a convention could be ob- tained. He accused President Davis of proscribing " old Union men " and gave that as one reason for the discontent with the Confederate administration.3 In his reply the President denied the charge, but acknowledged that he sus- pected that a nest of traitors were conspiring at home, and hinted at arbitrary measures, promising that if they were necessary due regard would be paid to civil rights.4 Gov- ernor Vance again wrote renewing the charge, but denying any personal feeling.5 The President made an explanation, and after declaring that Governor Vance had overstepped

1 Off. Rec, no. 129, p. 88.

* B. F. Moore told Holden in 1865 that only W. T. Dortch's efforts had prevented President Davis from ordering his (Holden's) arrest and that of R. S. Donnell.

3 President Davis sent this letter to George Davis, endorsed as fol- lows : " For consideration and advice. The assertions are discourteous and untrue. The rhetoric is after the manner of the Standard. Neither my acts nor my words can justify the slander that I have re- garded North Carolinians with distrust or withheld due promotion to any of her gallant soldiers. J. D." Off. Rec, no. 108, pp. 218-20.

* Ibid., pp. 824-7. 5 Ibid., pp. 830-3.

SECESSION AND WAR IN NORTH CAROLINA 59

the bounds of propriety, requested that the correspondence might cease.1 At the request of the North Carolina mem- bers of Congress, Governor Vance published .the corres- pondence in June, omitting the portions of the President's letters that he thought would do harm.

On February 24 the Standard announced the passage of the act of Congress suspending the writ of habeas corpus, and, in the same issue, Holden announced that the publica- tion of the paper would be suspended indefinitely. The latter was a surprise to the public, but the reason is evident. On March 3, he issued an extra edition and announced him- self as a candidate for governor. Reversing his opinion of 1862, 2 he requested that there might not be any canvass, as it would cause useless disturbance and excitement. He declared himself a Conservative " after the straitest sect." The announcement caused no surprise, for it had been gen- erally predicted that he would be a candidate. The cam- paign was thus begun five months before the election.

The Standard resumed publication in May, and active work was commenced in behalf of Holden's candidacy. The opposition, at first, caused consternation among the friends of Governor Vance, as many of them did not ap- preciate his power. Holden relied mainly on the masses from whom he had sprung and whom he had hitherto led. But Governor Vance, also, was pre-eminently a man of the people, and his efforts to relieve suffering of every kind, and his steadfast determination to preserve civil liberty, had endeared him to thousands. His care of the soldiers, the fact that he had been a soldier himself, and his efforts for a vigorous prosecution of the war made friends for him among those who had opposed him most bitterly only two

1 Off. Rec, no. 108, pp. 844-6.

2 Cf. supra., p. 40.

6o RECONSTRUCTION IN NORTH CAROLINA

years before, and who were still intensely hostile to Holden. But it was a battle of giants. Holden was an old and ex- perienced political leader and had always been able to inter- pret public sentiment. And he had usually been on the popular side. But he now failed to realize how much he had helped to create and mould the peace sentiment, and, believing that it originated with the people, he thought their minds could not be turned from it. His editorials were as vigorous as ever, and were even more widely read than ever,1 but a new power had risen against him — the oratory of Vance. Nothing more stirring or effective was ever known in the politics of North Carolina. The people flocked to hear him, and his speeches, particularly those at Fayetteville, Raleigh, and Wilkesboro, attracted great atten- tion. From this time, regardless of past affiliations, but with no change in his policy, Governor Vance was allied with the war party. His platform, terse and vigorous, in- dicates this :

The supremacy of the civil over military law.

A speedy repeal of the act suspending the writ of habeas corpus.

A quiet submission to all laws, good or bad, while they re- main on the statute books.

No reconstruction or submission, but perpetual independence.

An unbroken front to the common enemy; but timely and repeated negotiations for peace by the proper authorities.

No separate State action through a convention, no counter revolution, no combined resistance to the government.

Opposition to despotism in every form and the preservation of our republican institutions in all their purity.2

1 The circulation of the Standard was increasing very rapidly at this time. Holden would send it when desired, regardless of payment for it.

* Raleigh Conservative, May 4, 1864. This paper was regarded as the organ of the state administration.

SECESSION AND WAR IN NORTH CAROLINA 6l

After he perceived that his power with the mass of the people was departing, Holden attempted to win the support of prominent political leaders and men of property. But here his past record, by contrast with that of his opponent, was sufficient to blight his aspirations. The old leaders had been willing to make use of him, but they neither respected nor trusted him, and so declined to follow him. R. P. Dick, Thomas Settle, and Alfred Dockery * were the only men of prominence in the State who supported him.

Holden had great difficulty in justifying his change of opinion regarding Governor Vance. Consistency, however, was never one of Holden's virtues and he usually laid no claim to it. But, in this case, he assumed that a change had taken place in the governor's actions and declared that he had " made his bed with the Destructives " and was entirely controlled by a clique composed of Thomas Bragg, H. K. Burgwyn, and George Little, and, consequently, al- though he had been elected as a peace candidate, was eager for war. Accordingly Holden declared the issue now to be simply war or peace.2

During the campaign the legislature met for a session of two weeks. The governor, in his message, took ground against the suspension of the writ of habeas corpus and advised them to lay down what they considered a fair basis for peace, warning them against efforts that might be made to treat with the State individually. The only law of im-

1 Alfred Dockery said he would support Holden as a peace man, but that he had no confidence in him. Fayetteville Observer, July 25, 1864.

2 Holden headed his editorial sheet with the following: "The Two Ways : Fight it Out. Zebulon B. Vance, Governor of North Carolina. ' Wisdom's ways are ways of pleasantness, and all her paths are Peace' Solomon, Son of David, King of Israel." Standard, April 6, 1864.

62 RECONSTRUCTION IN NORTH CAROLINA

portance passed was one to secure the benefit of the writ of habeas corpus and to prevent the transportation of citizens by violence beyond the limits of the State.1 Resolutions were adopted declaring it the duty of the Confederate gov- ernment, after some signal success, to treat for peace on the basis of independence. A vote of confidence in the Presi- dent was passed, and he was declared with the Senate to have the sole treaty-making power.2 Governor Vance was also endorsed, only five votes in both houses being cast against the resolution.3 Resolutions protesting against the suspension of the habeas corpus and declaring that North Carolina did not consent to it, against the Conscript Act, and against the restrictions on importations imposed by the Secretary of the Treasury, were also passed. A resolu- tion declaring the exemption of state officers from military service was passed as a protest against the change made by the Confederate Congress. The people were urged to co- operate and bring about harmony by abandoning all party feuds.4

During the session four members of the House 5 made statements that they had heard Holden say that it was the plan of his party for the legislature to call a convention to take the State out of the Confederacy. R. P. Dick and his other supporters had denied any such thought or purpose, claiming that the only object of a convention was to begin negotiations with other Southern States and to make valid

1 Laws, 1863-4, chap. ii.

2 The first article passed the House 62 to 19, and the second 79 to o. The vote in the Senate was not recorded.

8 The Vance and Davis resolutions were at first joined, but the friends of the former wanted a better vote and separated them. Standard, June 1, 1864.

4 Resolutions, 1863-4.

5 Horton, Hampton, Gentry, and Welborn.

SECESSION AND WAR IN NORTH CAROLINA 63

any acts of Congress which might be unconstitutional.1 About the same time Dr. Leach, who, after Holden, was the most active member of the peace party, introduced in Congress a set of peace resolutions. They were not con- sidered at all, being immediately tabled, though every mem- ber from North Carolina, except B. S. Gaither and R. R. Bridgers, voted against their being so disposed of.2

Meanwhile, the gubernatorial campaign dragged on with- out interesting developments until July, when great excite- ment was caused by the discovery of the existence of a secret and treasonable political society, known as " The Heroes of America." 3 Its object was to protect those who favored a return to the Union and to increase their number as much as possible. There were three degrees,4 and the initiated had numerous signs and signals by which they might recognize one another. The usual name given them and used also by themselves was " Red Strings," derived from the badge of the society, which was to be worn in the lapel of the coat. The idea was suggested by a well-known Scriptural story.5 The extension of the society had been largely carried on by ministers and other non-combatants. The revelation of its existence and purpose was made by a minister in Caswell County.6 He had joined, ignorant of its nature, and when he saw its designs, he made the whole thing public. The society was widespread and in constant

1 R. P. Dick in Greensboro Patriot, February 18, 1864. * Conservative, June 1, 1864.

3 The Conservative of July 6, 1864, first called attention to the existence of the society. Most of the confessions were made to the editor of the paper.

4 A full account of this society with the ritual of the three degrees is to be found in an article by the author in the Publications of the Southern History Association, Jan., 1907.

6 Joshua, ii, 18.

6 Rev. Orrin Churchill.

64 RECONSTRUCTION IN NORTH CAROLINA

communication with the North. J. L. Johnson, of Forsyth County, went to Washington during the war and initiated President Lincoln, Benjamin S. Hedrick, and Commissioner Barrett.1 It was, naturally, ardent in its support of Holden, and orders were issued to members to vote for him as aid- ing their cause and as a member.2 One confession led to another, and within two weeks a very large number an- nounced their withdrawal from membership. Holden ridi- culed the idea of its existence, but the dread it produced probably lost him many votes. He was accused of being in the pay of the North,3 and this was believed by many.

The election in the army came first, and Governor Vance received a very large majority — 13,209 out of 15,033 votes cast. Evidently the " Red Strings " had only a small army membership.4 The election in the State followed, and Hol- den carried only two counties — Randolph and Johnston. Out of a total vote of 72,561 Governor Vance had a ma- jority of 43,579. Holden made accusations of fraud and intimidation, but did not press the matter, recognizing that, even if his charges were well founded, which was a matter of doubt, there was little possibility of securing redress.5 He issued an address to the people, declaring himself a friend of the state and Confederate governments and de-

1 Sen. Report, no. 1, p. 227, 42 Cong. 2d sess.

J This information was gathered from the various confessions made at the time and published, and from the statements made to the writer by living members of the society.

% Greensboro Patriot, July 21, 1864.

4 The Greensboro Patriot said that many votes were lost to Holden by no provision being made for ballot boxes in the woods, where most of his military supporters were hiding.

5 A careful examination of the records and the newspapers and conversations with participants in the election have failed to show the existence of fraud. Without question, voting for Holden sub- jected one to violent unpopularity.

SECESSION AND MAR IN NORTH CAROLINA 65

sirous of a vigorous prosecution of the war, at the same time favoring every effort for peace on honorable terms.1

Governor Vance called the Council of State into session early in October. He then expected the end of the war to come in the last days of 1864. He urged prompt assistance to General Lee, and suggested that there were many state officers that might well be put into service. He also men- tioned that he had called a meeting of the governors of the States east of the Mississippi, in Augusta, Georgia, to agree upon some uniform plan of action. He asked for authority to call a special session of the legislature immediately after this meeting, but the Council unanimously refused to grant it.2

The meeting of the governors was held with no particu- lar results of importance, except that the possibility of any separate state action was made more remote than ever. Resolutions were passed calling for a vigorous prosecution of the war,3 and after some discussion the meeting ad- journed.

In the State the autumn was gloomy, with no outlook for any brighter future. Depression was everywhere, for much of the energy of the people was exhausted. Such a large proportion of the citizens were in the military service that a lifeless condition at home followed. The conscript law, in spite of its unpopularity, had been more thoroughly en- forced than in any other State.4 In the mountains, deserters from the State, and also from South Carolina, Georgia, and Tennessee had assembled, and in some localities had driven away the inhabitants who were in sympathy with the Con- federacy. Federal officers were seen among them, and in

1 Standard, August 17, 1864.

1 Council of State Records, pp. 161-2.

3 Off. Rec, no. 89, pp. 1149-50.

4 President Davis's speech at Greensboro, October, 1864.

66 RECONSTRUCTION IN NORTH CAROLINA

the early part of the year, in accordance with a suggestion of General Sherman,1 a regiment was raised by George W. Kirk, who commanded it.2

The governor's message to the legislature recommended that the age limit for military service be raised to fifty-five years, and that more power be given to him as commander- in-chief. Both these recommendations were adopted in part.3 The governor was authorized to ship $200,000 worth of cotton and tobacco to be applied to the necessities of the North Carolina prisoners at the North. Resolutions were adopted protesting against arming the slaves and against any legislation by Congress regarding the writ of habeas corpus; but on the other hand, it was formally declared to be the purpose of the State to continue the war vigorously. In secret session four commissioners were appointed to visit Richmond and confer with the President upon the condition of the country.4 As a result of a combination to defeat the Holden candidate, Thomas S. Ashe was elected over Edwin G. Reade to succeed W. T. Dortch in the Confederate Senate.

Although the war party, since the election, was again in the ascendant, the opposition was not silenced altogether. During the session of the legislature John Pool introduced in the Senate a series of peace resolutions which provided for commissioners to meet those from other States and to act upon instructions from the President. These were re- ferred to a committee, from which two reports were made. That of the majority favored the adoption of the resolu-

1 Off. Rec, no. 77, pp. 233-4.

2 Ibid., no. 89, pp. 1251-4; no. 59, p. 741-

3 Laws, 1864-5, chap. xx.

4 Raleigh Confederate, February 15, 1865. This paper was the successor of the State Journal as the organ of the Confederate admin- istration.

SECESSION AND WAR IN NORTH CAROLINA 67

tions. The minority opposed adoption, declaring that the State, while it remained a member of the Confederacy, could not form such an agreement with the other States as was proposed by the resolutions. A sharp debate followed, resulting in the tabling of the resolutions.1 In the House a resolution introduced by L. Q. Sharpe, declaring the right of individual state action, met a similar fate.2 A bill for calling a convention was also introduced but never acted on.

In Congress the majority of the North Carolina mem- bers were constantly urging that the President should make propositions for peace. In December Dr. Leach introduced in the House of Representatives resolutions declaring that secession had taken place in an unguarded moment and without deliberation, and that when the United States should recognize the reserved rights of the States, the Con- federacy should treat for peace on any terms that the com- missioners of both might agree upon. On a motion to re- ject, all present voted in the affirmative except six of the North Carolina members.3 Three of these immediately asked leave to change their vote, as they had only voted that way out of consideration for a colleague.4 Later in the session the resolutions were introduced and considered in secret session.5

The fall of Fort Fisher and the consequent capture of

» Wilmington convinced many that there was no need of any further movement toward peace, for it would come without aid in North Carolina. Some talk of a convention again 1 The vote on tabling was 24 to 20. 8 McPherson, History of the Rebellion, p. 619. The vote was 52 to 50.

3 T. C. Fuller, J. M. Leach, J. T. Leach, J. G. Ramsey, G. W. Logan, and Josiah Turner.

4 Fuller, Ramsey, and J. M. Leach. 6 Conservative, February 1, 1865.

68 RECONSTRUCTION IN NORTH CAROLINA

began, but without any effect. Governor Vance still ad- dressed the people urging unity of action, and public meet- ings were held in various counties, pledging support to the Confederacy.1

After the failure of the Hampton Roads conference Wil- liam A. Graham, w7ho was at the time president pro tempore of the Confederate Senate, and who had been instrumental in bringing about the conference, was one of the committee which interviewed the President regarding it. Afterwards he gave notice in the Senate that he would introduce a reso- lution to open negotiations with the United States, but for some reason, probably perceiving its uselessness, he never did so.

The most of the people at home, with all hope of the suc- cess of the Confederate cause gone, waited for the end to come with no thought of the constitutional and political questions which were therein involved.

6. FINANCIAL AND ECONOMIC CONDITIONS IN WAR

When the ordinance of secession was passed the total bonded indebtedness of the State was $11,119,500. The annual interest on this sum amounted to $667,170. There was also an endorsement of railroad bonds to the amount of $i5o,ooo.2 The greater part of the debt had been con- tracted for internal improvements, and all of it had been made since 1849, tne ^as^ oi the bonds maturing in 1890. Before January, 1866, $364,000 would fall due. During the early years of the war more bonds were issued for in- ternal improvements, amounting to $1, 619,000. 3 Of this

1 Such meetings were held in Wayne, Chatham, Wake, Granville, Cabarrus, Halifax, Mecklenburg, Gaston, Rowan, and Davidson counties.

* The bonds were endorsed for the Wilmington & Weldon R. R.

' This was for the benefit of the Chatham R. R., Western R. R., Western North Carolina R. R., and the Wilmington, Charlotte and Rutherford R. R.

!

SECESSION AND WAR IN NORTH CAROLINA 69

amount $420,000 was issued under acts passed before May 20, 1 86 1. To offset this indebtedness the State held bonds and stocks of corporations1 to the value of $9,297,664.88.

Before the meeting of the convention the legislature au- thorized three issues of treasury notes, amounting to $2,- 000,000, and three issues to the banks of six per cent bonds to the amount of $2,250,000. The issues of notes and bonds were to alternate. Banks were relieved of specie payment while the State owed this debt2 At the second extra ses- sion of the legislature issues of $800,000, in notes of small denominations, and $1,000,000 in large were authorized. The treasurer was forbidden to receive in payment of public dues the bills or notes of any bank that should refuse to receive treasury notes as currency. Holders of notes were allowed to exchange them at any time for six per cent bonds.8 In December, 1862, issues of $1,500,000, in bills of small denominations, and $3,000,000 in large were pro- vided for, redeemable January, 1866, and fundable only in twenty-year bonds, bearing interest at six per cent.4 In July, 1863, Confederate notes, without regard to the date of issue, were made payable for taxes, and the treasurer and other state officers were directed to fund such notes in seven per cent Confederate bonds. 5 In December the treas- urer was directed, in case of a deficit, to sell six per cent thirty-year bonds not to exceed $2,000,000, and also to issue $400,000 in small notes.6 The following May an ad-

1 Bonds were held of the Western R. R., Wilmington, Charlotte and Rutherford R. R., and the Atlantic and N. C. R. R. Stocks were held of the Western, Atlantic & N. C. R. R., Raleigh and Gaston R. R. and North Carolina R. R., and in the Albemarle and Chesapeake canal.

* Laws, first extra session, 1861, chap. iv.

3 Ibid., second extra session, 1861, chap, xviii.

4 Ibid., 1862-3, chap. xxix. 5 Ibid., Ex. Sess., 1863, chap. xii. 6 Ibid., Adjourned Sess., 1863, chap. xxvi.

7o RECONSTRUCTION IN NORTH CAROLINA

ditional issue of notes to the amount of $3,000,000 was pro- vided for. l In December, 1864, it was enacted that all future treasury notes, including those re-issued, should be payable in 1876. 2 At the same session the treasurer was directed to pay the debt of the State, becoming due in 1865, in bonds.3

The convention, in the meantime, had authorized the issue after March, 1862, of $3,200,000 in notes, redeem- able in 1866, subject to a change of date by the General As- sembly. Included in the same act was provision for a loan, not to exceed $3,000,000, including the amount already bor- rowed from the banks, and the issue therefor of bonds bearing interest at six per cent payable in twelve months and redeemable at such a time and on such terms as the treasurer might see fit to impose. Banks which had loaned their pro rata share, and whose charter forbade the issue of notes of small denominations, were authorized to make such issues. Specie payment should not be required as long as the debt remained unpaid.4 In December an issue of $3,000,000 in notes was provided for, bearing six per cent interest and payable in 1865. These were receivable at any time for debts due the State at the treasury. They were also fundable in thirty-year six per cent bonds. None were to be re-issued, but new ones issued in their place not to exceed the original amount.5 The interest-bearing feature was later repealed. 6 In February, 1862, provision was made for funding any of the treasury notes issued under ordinance of convention, in eight per cent twenty-year bonds, or in six per cent thirty-year bonds. The notes so funded could be re-issued. The treasurer was also author-

1 Laws, Adjourned Sess., 1864 chap, xviii.

* Ibid., 1864-5, chap, xxiii. * Ibid., 1864-5, chap. ii.

4 Ordinances, no. 34. 5 Ibid., second session, no. 16.

• Ibid., third session, no. 2.

SECESSION AND WAR IN NORTH CAROLINA 71

ized if necessary to issue further $2,500,000 in notes, pay- able in 1866. 1

In the war period, thus, a total of $20,400,000 in treas- ury notes was authorized, and of this $8,507,847.50 were issued, $3,261,511.25 being withdrawn later, leaving in cir- culation at the close of the war $5,246,336.25. Bonds were issued to the amount of $i3,i2i,5oo.2 After deducting the unsold bonds in England, those redeemed, and those in the sinking fund, the balance was $9,119,000. Unpaid interest and similar items made the total war debt, including treas- ury notes and internal improvement bonds, $16,596,485.61. But corporation bonds amounting to $6,800,000 were held as a partial offset to this.3

In addition to the state debt individual counties owed a sum estimated in 1864 at $20,ooo,ooo.4 This debt had been contracted .by the county courts, chiefly to provide for the destitute families of soldiers. Their acts were legalized by the legislature in 1861 5

The financial legislation of the period is thus seen to be complex, not because it was part of an elaborate financial scheme, but from its numerous contradictions, its multi- plicity of acts, and its slip-shod methods. But at the same time it must be remembered that it was not the work of trained financiers but of unskilled men who were suddenly compelled to make bricks without straw. The fact that two separate bodies were enacting financial legislation at the same time was also, in part, a cause of lack of method. One thing can be said of it — it bears eloquent witness to the confidence felt in the state officers.

1 Ordinances, third session, no. 35.

* Treasurer's Report, January 19, 1866.

* These bonds were of the city of Raleigh and the R. & G. R. R.

* Standard, June 28, 1864. Schwab, Confederate States of America, 186 1- 186 5, p. 307.

5 Act of May 11, 1861.

j2. RECONSTRUCTION IN NORTH CAROLINA

The banks of the State suspended specie payments in November, i860. Resumption, as has been seen, was de- layed until the state debt should be paid. In May, 1861, the banks agreed to lend the State twenty per cent of their capital stock. This proportion, in most cases, was largely increased later.1 Bank-note extension never went so far in North Carolina as in the other Southern States,2 and conse- quently depreciation was less. But Confederate currency fell in value to such an extent that the legislature in 1863, attempting to raise it, passed a resolution pledging that the State would resist any attempt to repudiate it.3 Naturally, with such an immense volume of currency, depreciation began soon in the State's notes as well. This continued until the end of the war.4 At the beginning of the war the

1 Schwab, Confederate States of America, p. 128. 3 Ibid., p. 131.

* Resolutions, called session	1863, p. 19.
* After the war	a table of	depreciation was adopted. While it is
necessarily imperfect, it gives i	some idea of the progress of depreciation.
It was,
Months.	1861.	1862.	1863. 1864.	1865.
January,		$1.20	$3.00 $21.00	$50.00
February,		1.30	3.00 21.00	50.00
March,		1.50	4.00 2300	60.00
April,		1.50	5.00 20.00	100.00
May,		1.50	5.50 19.00
June,		1.50	6.50 18.00
July,		1.50	9.00 21.00
August,		1.50	14.00 23.00
September,		2.00	14.00 25.00
October,		2.00	14.00 26.00
November,	$1.10	2.50	15.00 30.00
December,	1. 15	2.50	20.00
Dec. 1st to 10th			35-00
Dec. 10th to 20th,			42.00
Dec. 20th to 30th,			49-00
This table is found in Laws, 1866, chap.	XXXIX.

SECESSION AND WAR IN NORTH CAROLINA 73

banks had more than a million dollars in specie,1 and at the close they still had $8oo,ooo.2

The State assumed the Confederate tax and levied a special tax to pay it. This was never fully collected. The payment to the Confederate government was in excess of what was due and the State was later reimbursed. The Confederacy also paid it about $8,000,000 for supplies for the army. The state expenditures for military purposes to November, 1864, were nearly twenty millions.

The military stores were obtained, for the most part, from Europe by means of blockade-runners. In 1862, Gen- eral J. G. Martin suggested that the State should purchase and operate a vessel of its own. In spite of opposition 3 the plan was adopted and the vessel was purchased for $190,000 and paid for with cotton without drawing on the treasury. The " Ad- Vance," as the vessel was named, was an English vessel, built for passenger service and described by Governor Vance as " long-legged." It could carry eight hundred bales of cotton and a double supply of coal. Thus it was able to bring from Bermuda enough Welsh coal for the return voyage. Eleven successful trips were made. After the fifth trip Governor Vance sold a half-interest for $130,000, with which he redeemed state bonds. The vessel was finally lost through the act of the captain of the Confederate cruiser, " Tallahassee." Being short of coal, he took from the " Ad- Vance " her extra supply. This obliged her to make her outward trip with North Carolina coal, which reduced her speed, left a trail of smoke, and

1 Report of Finance Committee, 1861.

3 Governor Worth's message, 1865.

* B. F. Moore opposed it as unconstitutional. Holden also opposed it for political reasons.

74 RECONSTRUCTION IN NORTH CAROLINA

thus made her fall a victim to the Federal blockaders.1 The State also had an interest in the " Hansa " and the " Don." Their use, however, was abandoned on account of the ex- cessive charge made by the Confederate government, one- half of each cargo being seized. Through the use of these vessels an immense amount of valuable stores was im- ported. No entirely accurate figures can be obtained as to the amount, but Governor Vance said in 1885 2 that he had distributed large quantities of machinery, 60,000 pairs of hand wool cards, 10,000 scythes, 200 barrels of bluestone for fertilizing wheat, 250,000 pairs of shoes, 50,000 blankets, cloth for 250,000 uniforms, 12,000 overcoats, 2,000 Enfield rifles with 100 rounds of ammunition each, 100,000 pounds of bacon, 500 sacks of coffee, $50,000 worth of medicines at gold prices, and an immense supply of minor stores. Through this means the North Carolina troops were clothed.

The state taxes were increased several times during the war. The tax on real estate in 186 1 was one-fifth of one per cent, and in 1863 it was two-fifths of one per cent, and in 1864 was one per cent. The revenue, consequently, more than doubled in amount, but in specie value fell one-third in 1862 and one-half in 1863.3 The revenue acts show a decided extension. That of 1862 included a graduated in- heritance tax on all amounts exceeding $100, and also an income tax. 4 Of all the taxes, the Confederate tax in kind bore most heavily and was, consequently, the most unpopu- lar. To it North Carolina was one of the largest con- tributors. No accurate record can be found of the entire

1 Governor's message, 1864.

2 Speech at Baltimore. A more accurate and detailed account is in the Confederate of June 28, 1864.

8 Schwab, Confederate States of America, p. 303. 4 Laws, 1862-3, chap. lvii.

SECESSION AND WAR IN NORTH CAROLINA 75

amount of produce collected. By June, 1864, 3,000,000 pounds of bacon, 75,000 tons of hay and fodder, 770,000 bushels of wheat, besides other produce valued at $150,000 had been collected.1 For the other Confederate taxes, the State paid, by 1864, $10,000,000.

During the years immediately preceding the war, many of the newspapers and a few of the leading men had advo- cated taking steps towards the commercial independence of the South. But the plan went no further than sugges- tion before hostilities commenced. In i860, the manu- facturing interests of the State were of but slight import- ance. There were 39 cotton factories, all of them small. Of the seven woollen mills, only two, at Rock Island and Salem, were of any importance. Iron was worked to a small extent, but the total capital invested was only $200,- 000, and this was distributed among more than thirty plants. Of every kind there were only 3,689 manufactur- ing establishments in the State, and out of a population of 992,622, only 14,217 were employed in these factories.2 It is true that home manufacture supplied many of the do- mestic needs, but this was of small aid in solving the eco- nomic problems which the war imposed.

The State was even without an adequate source for a supply of salt, and this early occupied the attention of the convention. An ordinance was passed, providing for the election of a commissioner to manufacture salt and sell it to the people at cost price. 3 A later ordinance gave the com- missioner power to purchase land for salt works, and if necessary, seize it under the right of eminent domain.4 The same act exempted from military service all persons under

1 Schwab, Confederate States of America, p. 297.

2 The figures were obtained from the census of i860.

* Ordinances, second session, no. 8. 4 Ibid., third session, no. 18.

76 RECONSTRUCTION IN NORTH CAROLINA

contract to make salt. This remained in force until 1864, when General Whiting broke up the salt works and con- scripted the employees.1 In 1862, the governor was directed to employ in the works Quakers who could not pay the ex- emption fee of $100. 2 Dr. John M. Worth was appointed commissioner. He was later succeeded by D. G. Worth. The first works were at Morehead City and were captured by the enemy before they were well in operation. Works were then located near Wilmington, and were producing 25*0 bushels per day when yellow fever broke out. The industry was later resumed and carried on, with some inter- ruptions, until the capture of Wilmington. The works were raided by the federal troops in 1864, but with little damage. During the year, 66,100 bushels of salt were made and sold at $7.75 per bushel, when the market price at Wil- mington was $19. Before the end of the year, the price was raised to $13, the market price rising to $25. By March, 1865, the market price in Raleigh was $70. The works were entirely self-supporting and paid back the origi- nal outlay. The State was also interested in the works at Saltville, Virginia. In addition to the state works, it was estimated that private individuals made about 2,500 bushels a day. Most of this was carried to other States for specu- lation. 3 The value of the salt works cannot be fully real- ized unless the conditions existing in the army and in some of the other States where no provision for a supply was made, are remembered.

The danger of speculation was another thing which early attracted attention. Prices of the necessaries of life began to rise during the first year of the war and soon reached a speculative point. The Standard was particularly and

1 Hamilton, ed., The Correspondence of Jonathan Worth, i, pp. 321-49.

1 Ordinances, fourth session, p. 164.

' Governor's message, 1864. Report of Salt Commissioner, 1864.

SECESSION AND WAR IN NORTH CAROLINA jy

justly abusive of the speculators and promised to keep a " Roll of Dishonor " for publication at the close of the war.^ To lessen the evil, Governor Clark, acting under the advice of the Council of State, proclaimed an embargo upon the exportation of certain supplies from the State, except for the use of the state or Confederate governments.2 An extension of this was made a few weeks later.3 The con- vention, at its second session, made speculation in the neces- saries of life a misdemeanor.* This was evidently inop- perative for some reason, and the legislature at various times during the war considered the matter. One law was enacted prohibiting the practice,5 but it seems to have been utterly futile. Governor Vance had recommended its pas- sage and at the same time placed an embargo on the neces- saries of life for thirty days.G

Prices rose steadily as the war progressed.7 A board of

1 Standard, October 2, November 20, 1861, et seq.

1 Register, September 25, 1861. 8 Ibid., October 9, 1861.

4 Ordinances, second session, p. 75. 5 Laws, 1862-3, chap. lvi.

6 Off. Rec., no. 128, p. 214.

7 The following table, gathered from the Raleigh market reports, gives a good idea of the rise of prices on various articles :

	Price,	, Sept. 15,	June 8,	Aug. 29,	March 27,
Article.		1862.	1863.	1864.	1865.
Bacon, per pound,		$0.33	$1.00	$5.50	$7.50
Beef, per pound,		.12	•50	2.50	3.00
Corn, per bushel,		1. 10	5.50	20.00	30.00
Meal, per bushel,		1.25	5-SO	20.00	30.00
Coffee, per pound,		2.50	None	15.00	40.00
Eggs, per dozen,		•30	175	1.40	5-00
Fowls, each,		.40	1.50	300	6.00
Lard, per pound,		•30	1. 00	5 50	750
Molasses, per gallon,		300	10.00	25.00	2500
Potatoes, per bushel,		1. 00	4.00	7.00	30.00
Sweet potatoes, per bushel,	i.5o	500	6.00	35.00
Wheat, per bushel,		300	8.00	2500	50.00
Flour, per barrel,		18.00	35-00	125.00	500.00
Pork, per pound,			1.60	4.00	5-50
Sugar, per pound,		75	1.60	12.00	30.00
Brandy or whiskey, per gal.,	500	20.00	40.00	100.00

yg RECONSTRUCTION IN NORTH CAROLINA

appraisement was appointed to value articles for purchase by the government, but their prices were far below the market. Every two months a new schedule of prices was published for the information of the people.

Many families had every male member in the army and no other means of support but their labor. The pay of a private, or for that matter, of an officer, in the Confederate army, was not sufficient for the support of one person, and consequently widespread distress soon appeared. In and around Raleigh, everyone could get a living by working in the factories and hospitals. But this only affected a small part of the population. Early in his administration, Governor Vance saw the condition which would arise, and took immediate steps to prevent suffering so far as possible. He asked Weldon N. Edwards to assemble the convention to consider what plan should be adopted to relieve distress, but this request was refused.

At the governor's recommendation, the legislature author- ized him to purchase and store provisions to sell to the poor at cost.1 A large quantity was purchased in the fall of 1862, but only a small part was needed, as the crops were unusually good.2 But the value of the plan was seen in the later years of the war, when the crops were smaller and food more scarce. One great cause of the distress in the State was the lack of facilities for transportation. This often kept supplies from being sent where they were most needed. There were portions of the State where the amount of suffering was very slight. The few records that remain of the tithe collection, show that in many places the crops were good and food abundant. But impressment and foraging by detachments of Confederate troops, and the

1 Laws, 1862-3, chap. xv.

2 Governor's message, November, 1863.

SECESSION AND WAR IN NORTH CAROLINA

79

foraging and destruction by the enemy, in the eastern and western portions of the State, led to the loss of a great part. Governor Vance sent frequent and bitter complaints to Secretary Seddon. In one of his letters, he said: " If God Almighty had yet in store another plague for the Egyptians, worse than all others, I am sure it must have been a regiment or so of half -armed, half -disciplined Con- federate cavalry." 1 Another cause of just complaint was the bringing of large numbers of worn-out horses to the western part of the State to recuperate. There, they were turned loose, and in the absence of fences caused immense damage to the growing crops. Complaints to Richmond, however, brought no redress and no cessation of the nuisance.2

A great cause of suffering was the lack of drugs. Such as were used were mostly of home manufacture. The " Ad- Vance " brought in large quantities, but nearly all were sent to the front or used in the military hospitals in the State. Sickness, as might be expected, was very frequent. Smallpox existed in many neighborhoods and the lesser epi- demics were everywhere. In 1862, Wilmington was visited by a virulent type of yellow fever which in two months caused 441 deaths. The total number of cases was 1,505. New Bern also had a sharp epidemic of yellow fever, but it was during federal occupation and no statistics are avail- able.

In May, 1861, the legislature passed a stay law. This was declared unconstitutional by the Supreme Court, and was repealed in September and another passed. This pre- vented executions' being issued in civil suits. In 1863, the provisions of the statute of limitations were extended for

1 Vance to Seddon, December 1, 1863.

2 Laws, second session, 1861, chap. xi.

80 RECONSTRUCTION IN NORTH CAROLINA

civil matters by omitting the period from May 20 to the end of the war.

By 1865, the State was, in an economic sense, almost prostrate.1 The end of the war thus averted much suffering that would have followed had hostilities continued longer.

1 The following extract from The Last Ninety Days of the War gives an excellent idea of the condition of the portion of the population that had been wealthy before the war: "In North Carolina families of the highest respectability and refinement lived for months on corn bread, sorghum, and peas. Meat was seldom on the table, tea and coffee never; dried apples and peaches were a luxury. Children went barefoot through the winter, and ladies made their own shoes and wove their own homespuns; carpets were cut into blankets, and window curtains and sheets were torn up for hospital use; soldiers' socks were knit day and night, while for home service, clothes were turned twice and patches were patched again."

CHAPTER TWO Beginnings of Reconstruction During the War

No sooner had the federal troops gained a foothold in the State than efforts were made to gather together such of the people as favored the cause of the Union and such as were dissatisfied with the Confederacy, by means of the establishment of a new state government around which they might rally. Two such attempts were made, both of which were unsuccessful. In the first instance, the movement professed to originate within the State. Although it was sponsored by the federal military forces, it was designed to form a civil government. The second was avowedly military and had its origin in an order from the President of the United States.

I. THE HATTERAS CONVENTION AND GOVERNMENT.

The fall of Fort Hatteras and the capture of Hatteras Inlet by the federal fleet and forces under General B. F. Butler in 1861, gave an opportunity for the first enter- prise. Certain persons who were disloyal to the state government began a movement, avowedly intended to restore the State to the Union, but really designed, as the sequel indicated, chiefly to promote their own inter- ests.

The population of Hyde and Washington counties was sparse and was almost entirely unprotected from the in- vading forces. Practically all of the male population who

81

82 RECONSTRUCTION IN NORTH CAROLINA

were in sympathy with the Confederacy, were in the army. Those at home were Unionists in feeling, partly through genuine dislike of the war and a desire to avoid military service for the Confederacy, and partly also by fear of the federal forces, at whose mercy they were placed on account of the lack of any adequate coast defence.

Almost immediately after the capture of the Inlet, Colonel Rush C. Hawkins of the Ninth New York Vol- unteers was approached by some of the inhabitants who had taken flight at the approach of the federal fleet, and asked to grant them permission to return to their homes, as they had taken no part against the United States and had no desire to do so. At his suggestion, about thirty took the oath of allegiance and promised to keep the commander of the federal forces informed of the move- ments of the Confederates. In return they were prom- ised protection. Within a week, two hundred and fifty persons had taken the oath under similar conditions. They declared that secret meetings were being held in all the counties bordering on Pamlico Sound and that fear alone prevented the people from openly avowing their Union sentiments.1 Colonel Hawkins, in his re- port, suggested the possibility of a convention of the State's being called by the people under the protection of the federal forces, through which, he thought, a third of the State would be at once restored to the Union. In order to forward a movement of this kind, as fast as the inhabitants took the oath they were sent across the sound to act as spies and to test opinion there. Their reports led him to believe that it would be productive of good results to enlist North Carolina volunteers for ser- vice in the State. He suggested that, as a pledge of

1 Off. Rec, no. 4, p. 608.

BEGINNINGS OF RECONSTRUCTION 83

good intentions, the government should pay for the property which had been plundered and destroyed by federal troops, not amounting in all, he thought, to more than $5,000, and also provide the inhabitants with food and clothing.1 He was greatly hindered in his progress toward pacification by the depredations of the 20th New York Regiment and threatened their commanding officer, Colonel Weber, with the use of artillery against them if a stop was not put to it.2

Acting upon his suggestions, President Lincoln in September wrote General Scott, requesting him to frame an order for recruiting North Carolina volunteers at Fort Hatteras. He left it to General Scott to decide about the officers, but said Secretary Seward thought his nephew, Clarence Seward, "would be willing to go and play colonel and assist in raising the force. "3 In accordance with this, the acceptance of North Carolina volunteers, not to exceed one regiment, was authorized. On September 17, Colonel Hawkins, in order to clear the minds of the people of prejudice against the federal forces, issued a proclamation, addressed to the people of North Carolina, declaring as the purpose of the in- vasion the relief of the loyal people of the State from " rebels and traitors," and calling upon the people to re- turn to their allegiance to the United States.4 He scat- tered copies of this proclamation through all the country along Pamlico Sound and sent them to various inland towns. Almost immediately, the state authorities be- came aware of it, but Governor Clark, while alarmed at the reports which reached him, was unable to do any- thing which would remedy matters. Judge Biggs, of

xOff. Rec, no. 4, pp. 6c8-o. 2Ibid., p. 610.

3 Ibid., p. 613. AIbid.y pp. 658-9.

84 RECONSTRUCTION IN NORTH CAROLINA

the Confederate District Court, wrote General R. C. Gatlin, who commanded the Confederate forces in the East, that he was doubtful if a majority of the population of Washington County could be depended on, in case of invasion, and that while few were openly disloyal, the sentiment in Tyrrell and Beaufort was such as to cause grave uneasiness.1 This was the condition of affairs when the self-constituted leaders of Union sentiment in eastern North Carolina began the movement which, it was hoped, would result in the restoration of the State to the Union.

These leaders were Charles Henry Foster and Marble Nash Taylor. Comparatively little is known of either of them. Taylor was a Methodist minister, a native of the 44 Pan-Handle " of Virginia, who was with the Con- federate troops at Hatteras. He joined the federal forces before the capture and was accused, whether falsely or not, of giving to them information which con- tributed to the ease with which victory was obtained. In a letter to a brother-in-law in Cumberland County, where he himself had formerly lived, he said that he had been compelled by the force of circumstances to side with the Union.3

Charles Henry Foster was a native of. Maine and a graduate of Bowdoin College. He had first come South in the employ of some land company, and in i860 was editor of a Breckinridge newspaper in Murfreesboro.3 He was, apparently, in favor of secession, but after the fall of Sumter, his attitude made the people suspicious, and he was expelled from the town by a public meeting

1 Off. Rec, no. 4, p. 671.

1 Western Democrat, October 1, 1861.

'New Bern Progress, December 12, 1861

BEGINNINGS OF RECONSTRUCTION 85

of the citizens. He appealed to Governor Ellis for per- mission to remain in the State and, through the efforts of friends, the vote was rescinded. He had in the mean- time declared his good intentions.1 But in November he had succeeded in reaching New York, and in company with Taylor attended a large meeting at which George Bancroft presided, which was held for the assistance and encouragement of the proposed new administration in North Carolina.2 The plan of action was largely mapped out there and the state department was notified of their intentions by Foster, who stated that all the North Carolinians in New York, who were loyal to the Union, favored the plan and that it was hoped and expected that it would largely increase the Union sentiment in the State. He also said that six counties would be repre- sented in the convention, which had already been called, and that while the Unionists of the western part of the State had desired that the movement should begin there, they had agreed to the plan as formed and would ratify all the acts of the new administration. No change in the laws and constitution of the State, as they were in April, 1861, was intended. The proposed government would have authority with a majority of the freemen of the State, and when " rebel intimidation " was disposed of, it would be recognized by 60,000 men, .since all the great mining, railroad, and other business interests of the State were committed to the plan.3

The so-called convention of the people met, November 18, at Hatteras. The minutes of the meeting name

1 Register, May 21, 1862. He stated in a letter that his oath as a Knight of the Golden Circle would prevent his taking sides against the South.

'New York Tribune, November 8, 1861.

xOff. Rec. no. 122, pp. 630-1.

86 RECONSTRUCTION IN NORTH CAROLINA

forty-five counties as represented. Only six or eight persons, however, composed the convention, Taylor and Foster holding what they called proxies for the rest of the counties named. These so-called proxies were authorized by no meetings of citizens, but merely by individuals, who, in most instances, lived in other States.1 An ordinance proclaimed Taylor provisional governor, and another declared the ordinance of secession null and void and instructed the governor to issue a call for an election of members of Congress.3 He took the oath of office before a justice of the peace, and two days later issued the proclamation. The election was held and Foster received all the votes cast. He, accord- ingly, presented himself in Washington, as a member from either the first or the second district. The matter was referred to a committee, which reported unfavorably, and in December a resolution was passed declaring him not entitled to a seat from either of the districts named.3 He was not discouraged and another similar election was held January 16, at which he again received all the votes. A large number of memorials requesting his admission were sent to Congress, and, in the meantime, for some reason, possibly because he feared his case was weak, another election was held January 30, with the same result. Later, he claimed that this was a postponement

'The following is one of the proxies:

" Lima, N. Y., November 15, 18C1.

Dear Sir: — I address you this line to request you to represent the Union men of Onslow County, North Carolina, in the State conven- tion to organize a provincial government, having once been a resident of the county and knowing something of the feeling there existing.

Rev. M. N. Taylor. I am, respectively,

J. W. BAILEY."

* House Mis. Docs., no. 2, 37 Cong., 2 sess.

3 Ibid., no. 15, 37 Cong., 2 sess.

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from the sixteenth. Taylor, as a private citizen, then petitioned Congress to order an election, and Foster requested the same thing.

The voting in all the elections was in Hyde County only. The memorials ratifying his election were, in sev- eral cases, signed in only one or two handwritings, and when he appeared before the committee on elections, he could give only a very inadequate explanation of the fact, but claimed that he had been rightfully, if not legally, elected. He made no claim for the existence, de facto or de jure, of the Hatteras government, but urged that the Union men of North Carolina should be recognized by Congress. He was forced to acknowledge that only about four hundred citizens of the district had expressed their approval of his claim, although its voting popula- tion was over nine thousand. The chief basis for his claim was the precedent set by the admission of Maynard and Clements from Tennessee, who had been elected in somewhat the same way.1 His claim was so poorly sup- ported and his statements so contradictory that the resolution declaring him not entitled to a seat passed with no opposition. An attempt made to compensate him as a contestant failed.

And so ended the first attempt at reconstruction.2

2. THE ADMINISTRATION OF EDWARD STANLY.

The second attempt at reconstruction was begun May 19, 1862, when President Lincoln, as commander-in- chief of the army, at the suggestion of Reverdy Johnson, appointed Edward Stanly military governor of North

1 House Reports, no. 118, 37 Cong., 2 sess.

'Taylor became a newspaper correspondent. Foster was later cap- tain of a company of colored troops and was dismissed from the service through General Butler's efforts. In 1868, he was defeated for the convention.

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Carolina, with the rank of brigadier-general.1 Unlike all the other nominations of this kind, this was never sent to the Senate for confirmation.2 He was empow- ered to perform all the duties of governor, and to ap- point officers, institute courts, and suspend the writ of habeas corpus, during the pleasure of the President, or until a civil government should be organized.3

A general belief prevailed in the North that there was so strong a Union sentiment in North Carolina that, with a capable leader, the State could soon be reclaimed for the Union. So far as devotion to the Union was concerned, Edward Stanly was a most suitable choice to "foster Union sentiment."4 He was born in North Carolina in 1808 and had attained great prominence there. He had been three times a member of the House of Commons and twice had been speaker. He had also been a representative in Congress, where he had been very influential. In addition, he had served one term as attorney general of the State. He had removed to Cali- fornia in 1853, and in 1857, although a believer in slavery and a slaveholder himself, had been nominated by the Republicans there for governor, but had been defeated. He was a man of high and uncontrolled temper and was noted for his bitter denunciation of political opponents. He made many warm friends, but as many equally bitter enemies, and was consequently ill adapted for a concilia- tory mission. The fact that he was a native only made his task more difficult.

President Lincoln, without success, urged Stanly to take the rank of major-general. New Bern Republic-Courier, Jan. 3, 1873.

1 House Reports, no. 7 (testimony), p. 885, 40 Cong., 1 sess.

*Off. Rec, no. 9, p. 396.

*So expressed by Hon. John S. Ely of New York, in a letter to Stanly.

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The day after his appointment, Secretary Stanton notified him of his duties and ordered General Burnside to co-operate with him and furnish any military assist- ance that might be necessary.1 Governor Stanly arrived in New Bern, May 26. General Burnside was at first, seemingly, doubtful of their relations,2 but later was thoroughly in sympathy with his policy.3 No sooner had he reached North Carolina than Stanly, in seeking to conciliate the people and to execute the state laws, made himself an object of dislike and suspicion to the element in Congress and at the North to whom the chief purpose of the war was the abolition of slavery with all its concomitants. An enthusiastic gentleman from New England had established a school for negro children in New Bern. Concerning this, Stanly announced that while he approved of kindness to the destitute, black or white, he had been sent there to restore the old order of things and, consequently, could not give his approval to the school, as it would injure the Union cause. He consented that such religious instruction might be given as was thought best. Apart from this, he said that the laws of North Carolina forbade the teaching of slaves to read and write, and he could not expect success in his undertaking, if, at the start, he encouraged violation of the law. Consequently, he demanded the closing of the school. In respect to fugitive slaves, also, 'Stanly took like ground. Slaves were constantly leaving their mas- ters and coming into the Union lines, and in many in- stances they were taken away by the soldiers and notified that they were free. Whenever the owners would take the oath of allegiance to the United States, Stanly had the slaves restored to them.4 He also threatened with

1 Off. Rec, no. 9, p. 397. * Ibid., p. 403.

• Ibid., p. 394. K Ibid., p. 400.

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confiscation the owners of vessels who carried off slaves.1

H. H. Helper, a brother of Hinton Rowan Helper, who held a civil position in New Bern, wrote a letter to Stanly offering some advice as to how he shouM execute the duties of his office. Stanly resented it and ordered Helper to leave New Bern. He at once went North, in company with Vincent Colyer, the gentleman whose school had been closed, and furnished the newspapers with a highly-colored account of Stanly's official actions. This led to sharp criticism of the governor and to the accusation that he was in sympathy with the South. On June 3 the House of Representatives passed a resolution asking the President to furnish information as to the powers conferred upon Stanly by his appointment, whether he had interfered to prevent the education of children, black or white, and if so, by what authority. If by the authority of the government, for what purpose were such instructions given? Similar resolutions were also passed in the Senate.2 Secretary Stanton referred the matter to Stanly, who at once replied outlining his policy and asking for instructions. The following points on which he desired information show the difficulties he had to meet almost daily :

When slaves are taken violently from loyal owners by armed men and negroes, what protection can be given for the future? When persons connected with the army cause slaves to leave their masters, can the latter, if loyal, have permission and protection to prevail on them to return? Will authority be given to prevent the removal of slave property by vessel without the consent of the owners? If the military governor

Correspondence of New York Herald of May 31st, 1862. 2 Sen. Journal, pp. 553, 566.

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should interfere with actions that are in violation of long- established laws of the State, and persons connected with the army should make inflammatory appeals to a crowd composed of several hundred negroes, exhorting" them to violence and bloodshed, what action should he take to prevent its recur- rence? When slaves of loyal owners are employed by the United States authorities, can any steps be taken to secure a part of their earnings for their owners?1

It is apparent that there was a decided difference of opinion between the governor and the officers command- ing in North Carolina, for in April, General Parke had notified citizens of Beaufort, who had appealed to him to prevent slaves from coming into his lines, that he would not use force to aid owners in their recovery, but would only allow them to use persuasion.2 General Burnside had also adopted the policy, almost necessarily, it is true, of never returning any escaped slaves to their owners.3 In addition to these difficulties, Stanly was beginning to discover that a difference had arisen be- tween himself and those with whom he had been inti- mately associated in the past and that Union sentiment was at a minimum in North Carolina. Even in New Bern, occupied as it was by federal troops, very little appeared.4 This change of sentiment, since the time when he lived in North Carolina before, had not been comprehended by him when he came back .to the State, and seemed inexplicable.

In the hope of arousing some feeling he visited the various towns in which he was well known, and which were now occupied by the Union forces, and made speeches.5 But he accomplished little for the Union

xOff. Rec, no. 9, pp. 401-2. *Ibid., no. 9, p. 382.

%Ibid., p. 390. ^Ibid., p. 409.

5 Western Sentinel, June 2J, 1862.

92

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cause, for he was generally regarded with hatred and suspicion as a traitor to his State, and this kept from him the support of all men of character and influence. For a time the federal officers in the State thought he would be of great benefit to the Union cause, but this feeling disappeared when his policy was clearly seen.1

The policy of the state government and of the Con- federate officers was to ignore Stanly's pretensions to the office of governor and to communicate officially only with General Burnside. 2 In the fall of 1862 Stanly wrote to Governor Vance and asked for an interview with him or with any citizens of the State that he might select. He said that he felt sure that North Carolina was in the quarrel only through a misunderstanding, and he wished to confer in regard to measures that might lead to an honorable peace; that he was authorized to negotiate an exchange of political prisoners and wished this interview with its object to be perfectly open. Governor Vance declined the proposal3 on the ground that he was without authority from the Confed- erate government to treat for peace and that separate state action was not to be thought of.4 A correspond- ence with General D. H. Hill and General S. G. French did not lead to any more hope of reconciliation, but, if possible, rendered it more unlikely, since Stanly provoked indignation by the violence of his language.

lOff. Rec, no. 9, p. 397-'

1 Executive Correspondence ', Clark, p. 337.

'Holden said in 1867 that, on his advice, Governor Vance would have consented to treat with Stanly for peace, but was prevented by W. A. Graham. As the statement was made in a political attack upon the latter, it is not worthy of credit. Standard, January 16, 1867.

4 The correspondence will be found in Off. Rec, no. 123, pp. 845-9. Governor Vance ignored Stanly's military title, and Stanly himself wrote as a private citizen.

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He was greatly handicapped in his peaceful efforts by the operations of the Union troops in the eastern part of the State. His argument, that they were a " glorious army of noble patriots," lost its significance in view of their constant plundering and burning, and his protests against this were without avail. General Burnside, when he first landed in the State, had forbidden all unneces- sary injury to the property or persons of the inhabitants,1 but when General Foster assumed command no atten- tion was paid to this order.2 Stanly's last official act was a protest against the conduct of the troops in Hyde County.3 The condition of the "loyal" population was thus pitiful. Cut off from Confederate protection, partly by circumstances and still more by their own acts, their "loyalty" insured them no immunity from outrage and violence at the hands of the federal troops.

In December Stanly ordered an election to be held for a member of Congress from the second district. Jen- nings Pigott, a native of the State who had been a resi- dent of Washington City for many years, and had only returned as Stanly's private secretary, was chosen. Charles H. Foster contested the election, but neither was seated.4

In the meantime, Stanly had become convinced of the hopelessness of his mission. More than that, he was utterly out of sympathy with the policy of the adminis-

1 Off. Rec, no. 9, p. 359.

'General Foster's course was very different from that of most of the Union officers of high rank in the State. In 1863, he gave his ap- proval to a plan for beginning a general slave insurrection. Off. Rec, no. 26, pp. 1068-9.

3 Ibid., p. 182.

4 Contested Elections, p. 462. House Mis. Docs., 39 Cong., 2 sess. Globe, pp. 1209-12.

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tration in regard to the slaves. He protested against the enlisting and drilling of them on the ground that subordinate military officers were unfit to decide when their condition was suitable in the meaning of the Presi- dent's proclamation, and because it created a danger of a servile war.1 Finally, January 15, 1863, he sent his resignation to the President, giving at the same time the reason for his action. He stated that he had assured the people of the State that the administration was only trying to restore the Union and would secure the rights of the people. But since the emancipation proclamation, any further assurance of the kind was impossible. Re- garding the proclamation he said, "It is enough to say I fear it will do infinite mischief. It crushes all hope of making peace by any conciliatory measures. It will fill the hearts of Union men with despair and strengthen the hands of the detestable traitors whose mad ambition has spread desolation and sorrow over our country. To the negroes themselves it will bring the most direful calamities. " He reviewed his course as military gov- ernor and said concerning this, "That I have offended some is probable; but they were those whose schemes of plunder I defeated — whose oppressions of the innocent and helpless I resisted — whose purposes seemed to have been to join or follow the troops and to encourage and participate in the most shameful pillaging and robbery that ever disgraced an army in any civilized land."2

1 Off. Rec., no. 26, p. 525.

2 House Report, no. 7 (testimony), pp. 331-2. Stanly's letter to Senator Sumner was even more caustic. In part he said, " Had the war in North Carolina been conducted by soldiers who were Christians and gentlemen, the State would long ago have rebelled against re- bellion. But instead of that, what was done? Thousands and thous- ands of dollars' worth of property were conveyed North. Libraries, pianos, carpets, mirrors, family portraits, everything in short, that

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His resignation was accepted in March, and he re- turned to California. No successor was appointed. In the State it was thought that Daniel R. Goodloe, a North Carolina abolitionist, would be appointed, but the position probably seemed to the President a very useless one. In 1864 Stanly wrote the President that he had been asked to return to the State and that when he was needed in his private capacity he was ready to go.1 But no occasion for his services ever arose.

The second attempt at reconstruction had ended as disastrously as the first, so far as the progress of Union sentiment was concerned.2 It remained for the military forces of the United States to begin the final and ulti- mately successful attempt when all resistance in the State to the authority of the United States was at an end.

3. THE DOWNFALL OF THE STATE GOVERNMENT.

The fall of Richmond and the steady advance of the federal army on the state capital showed that the end of the struggle was at hand. It was clear that no effec- tive opposition to Sherman's advance could be made, and preparations were begun to save what little remained unhurt in the State, particularly the property of the State.

could be removed, was stolen by men abusing flagitious slaveholders and preaching liberty, justice, and civilization. I was ^informed that one regiment of abolitionists had conveyed North more than $40,000 worth of property. They literally robbed the cradle and the grave. Family burying vaults were broken open for robbery; and in one in- stance (the fact was published in a Boston paper and admitted to me by an officer of high position in the army), a vault was entered, a metallic coffin removed, and the remains cast out that those of a dead soldier might be put in the place." Sentinel, Jan. 26, 1870.

1 Governor Stanly, after his return to California, opposed the radical policy of Congress, and in 1867, canvassed the State against the Re- publican candidate for governor. He died in 1872.

2 Stanly was of infinite service to the people of New Bern as a pro- tector against injury.

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Ex-Governor Swain, from his retirement at Chapel Hill, entered into correspondence with Senator Graham and Governor Vance. Perceiving the impossibility of a meeting of the legislature in time to be of service, he suggested that Governor Vance should hold a conference with the former governors of the State as to the best course to follow.1 Graham had been convinced ever since his return from Richmond, at the close of the ses- sion of Congress, that the Confederate cause was hope- less and also that, as long as supplies for the army could be obtained by the administration, the war would be continued. Consequently he thought it the duty of the state administration to attempt to make as good terms as possible with the federal forces. In any event he thought it best that the legislature should be in session and ready to act when it should be necessary. He ac- cordingly advised Governor Vance to this effect. Then, in conference with Swain, he worked out a complete plan of action : the General Assembly should be sum- moned and should pass resolutions expressing a desire for peace and inviting the other Southern States to join the movement ; commissioners should be elected to treat with the United States and report to a convention which should at once be called, and in the meantime a commis- sion should treat with General Sherman for a suspension of hostilities.

Senator Graham had warned Governor Vance that the North Carolina members of the Confederate House of Representatives, or most of them, were ready to call the legislature by advertisement. But the governor was still doubtful of the wisdom of the proposed plan. He did finally summon the Council of State, but only a bare

'Of these, Swain, Graham, Morehead, Manly, Reid, Bragg, and Clark were still living.

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quorum were present, and the vote on the question sub- mitted to them resulted in a tie. The governor then refused to issue the summons to the legislature. But when the plan matured by Graham and Swain was laid before him by the latter and when it became evident that General Sherman would occupy the capital in a few days, he yielded, and after consulting General Johnston, de- cided to send for Graham and discuss the question of treating with the enemy. The conference was held and a letter to General Sherman prepared, asking for an interview regarding the suspension of hostilities.1 Gen- eral Johnston in the meantime had retired westward ; but before he left Raleigh he advised Governor Vance to make the best terms possible.2 Ex-Governor Bragg, B. F. Moore, and Kenneth Rayner were consulted and agreed to the plan. General Hardee was present at the conference and gave Graham and Swain, who agreed to act as commissioners, a safe-conduct through the lines.3 In Raleigh there was great excitement but very little disorder. The inhabitants were busy concealing valua- bles in hope that these might escape the usual fate of movable property along the line of march of Sherman's army. A large number of houses in Fayetteville had been burned and it was greatly feared that Raleigh would not escape. The legislature, at its last session, had au- thorized the removal of all the state records, and cases had been made for that purpose. The Council of State, at a meeting in March, decided that the governor and treasurer or one of them should take the records away if it became necessary. They were now placed in the care of Treasurer Worth and carried to Company Shops, a

1 Off. Rec, no. 100, p. 178.

2Dowd, Life of Vance, p. 483.

3 Spencer, Last Ninety Days of the War, pp. 142-4.

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small place in Alamance County. At the same time an immense quantity of supplies belonging to the State was distributed along the line of the North Carolina Railroad between Raleigh and Salisbury. Governor Vance re- mained in Raleigh to hear the result of the conference with Sherman, in doubt whether to continue there or to retreat with the army as he was urged to do.

The same day General Archer Anderson notified Pres- ident Davis that commissioners were going to Sherman with proposals for peace, and ordered General Hampton not to allow them to pass. Governor Vance also noti- fied President Davis of the fact. General Johnston then directed General Hampton to arrest the members of the deputation, and to allow no communication with the en- emy, except by flag of truce. In the meantime the com- missioners, accompanied by three members of the gov- ernor's staff, * had left Raleigh to meet General Sherman who was about fourteen miles distant. When they had gone some distance from Raleigh they were stopped by General Hampton, who was unwilling to pass them but could not refuse to obey General Hardee's order. Con- sequently, after some delay, he passed them and sent a courier to General Sherman with communications from himself and from the commissioners. They had hardly started when the order came from General Johnston for them to return to Raleigh. They were again stopped and turned back, but on the way to Raleigh the train was captured by General Atkins and the commissioners car- ried to General Kilpatrick's headquarters. There they received the first news of LeVs surrender. From there they were sent to General Sherman, who treated them with every courtesy and with whom they remained until

1 These were Surgeon-General Warren, Colonel Burr, and Major Devereux.

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the next day. " He requested them to inform the gov- ernor that, in accordance with his instructions from the President, he wished the state officers to continue in the performance of their duties until he could communicate with President Lincoln. 2 He also replied to Governor Vance's letter stating that it was impossible to give him an interview at the time, but enclosed a safe-conduct for himself and such state officers as would remain in Raleigh. 3

When the commissioners, on their return, reached Raleigh, they found that Governor Vance, who in the meantime had decided to remain in Raleigh, had again, under military pressure, changed his mind and had gone to Hillsboro with General Hoke, who passed through Raleigh that day.4 Before his departure, he had author- ized the mayor to^surrender the city, and had written a letter to General Sherman asking his protection for the capital and the state property.

The next day the city was surrendered by a committee of citizens, and the keys of the Capitol were delivered by David L. Swain to an officer of the Union army.5

Another safe-conduct was then sent to Governor Vance, but he declined to return before seeing President Davis, who had summoned him to Greensboro. General Breckinridge invited him to be present at the ^conference with General Sherman, but for some reason he was ex-

1 Spencer, Last Ninety Days of the War, pp. 145-55.

2 Sherman's Memoirs, vol. ii, pp. 327, 345.

3 Off. Rec., no. 100, pp. 178-9.

4 Only with great difficulty did Governor Vance decide what course to pursue. Worth entreated him to remain and surrender the Capitol himself, but the influence and insistence of the Confederate officers probably caused his decision to retreat.

5 Spencer, Last Ninety Days of the War, p. 162.

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eluded and went on to Greensboro. There he begged permission of the Confederate authorities to accept General Sherman's offer of protection for the state property which was in great danger at the Shops, and to send it back to Raleigh in the care of Jonathan Worth. This General Breckinridge refused to allow. From Greensboro, Governor Vance followed President Davis to Charlotte, where they had a conference. Davis intimated that he wished Vance to accompany him in the retreat, but General Breckinridge interfered, ad- vising him to return to his position and its duties.1 This he resolved to do, and accordingly sent Worth to Raleigh with a letter to General Sherman in which he volunteered to return, summon the legislature, and recommend its calling a convention.2 But General Sher- man had left Raleigh, and General Schofield, although he and General Sherman had shortly before approved a petition asking Governor Vance to return and call a special session of the legislature,3 refusing to see him, instructed Worth to bring the records to Raleigh.

Negotiations had been going on in the meantime between Johnston and Sherman in regard to the terms of surrender. During the progress of the negotiations Governor Vance suggested to the former that if they were successful he should turn over the army stores to North Carolina in part payment of the debt owed to the State by the Confederate government. He stated as an additional reason for doing so that the soldiers in John- ston's army had taken possession of much of the state property. General Johnston declined to accede to the

1 Dowd, Life of Vance, p. 486.

2 Letter from Jonathan Worth to the Sentinel, October 28, 1865.

3 Warren to Vance, Aug. 27, 1865.

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request and denied that his soldiers had been guilty of plundering the State.1 When the terms of surrender had been agreed upon and General Schofield came to Greensboro, Governor Vance asked his protection for the state property and offered to surrender himself, but General Schofield, in accordance with his instructions, refused to receive his surrender and advised him to go home.2 Governor Vance then requested that William A. Graham, John A. Gilmer, and Bedford Brown might go to Washington. By the President's order this was refused.3 Governor Vance then went home and remained there until May 14, when he was arrested by the Presi- dent's order, carried to Washington, and confined in Old Capitol Prison.4 Just before going home he issued an address to the people urging them to abstain from violence of any kkid and pledging himself to do all he could to restore the civil authority.5

The capture of Raleigh on April 13 was accompanied by very little disorder. Private property, in most instances, was respected, though this was by no means always the case.6 The offices and property of the Con- federate and Conservative newspapers were immediately destroyed. A few days later General Sherman ordered the Progress to suspend publication for criticism of some act of his. Later he allowed its publication to be re-commenced. When the news of President Lincoln's

1 Off. Rec., no. in, pp. 419-420. lIbid., no. 100, pp. 426.

8 Ibid,, pp. 395, 404, 432.

4 He was arrested by General Kilpatrick, who, according to Vance, improved the opportunity of stealing two spoons. Most of the furni- ture was then taken, and Mrs. Vance, who was ill, was left on the floor. Sentinel, Nov. 1, 1870.

* Standard, May 3, 1865.

6 Spencer, Last Ninety Days of the War, pp. 174 et sea.

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assassination came, there was great fear in Raleigh that revenge would be taken by the soldiers upon the town, a fear that was shared by the officers.1 The guards were doubled, and every precaution taken, and no violence followed.

There was a great deal of destitution in the town, and this was relieved, in part, by the action of the military authorities in furnishing rations to those in want. The place was crowded with negroes who had followed the army or come in from the adjoining country, and these were entirely supported by the rations issued. The policy was adopted of making them return to their homes whenever possible, but this was attended with great difficulty. Similar conditions, as regards both races, existed in the other towns of the State. In Wil- mington there was probably greater destitution.

General Sherman was anxious to make use of the existing state government for the purpose of re-organ- ization, but the authorities at Washington prevented him. His wish was well known, and members of the legislature appealed to him to allow them to meet in Raleigh and arrange for holding a session. Of course this request was refused.2

Early in May, General Schofield succeeded him in command of the State. The disturbances arising from the end of the war and the disbanding of the armies were great, and his efforts to bring quiet at first met with

lGen. F. P. Blair, who was staying at the residence of Dr. R. B. Haywood, a classmate at the University of North Carolina, gave him a suit of his own uniform, telling him it might be necessary for him to become a Union general instead of a Confederate surgeon. It is a matter of tradition in Raleigh that General Logan saved the city from being burned by stopping the soldiers who were coming in from Morris- ville for the purpose.

rOff. Rec, no. ioo, pp. 254, 272.

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very little success. Proclamations were issued announc- ing the definitive cessation of hostilities and, in order to remove all doubt, the freedom of the slaves.1 The tak- ing of the oath of allegiance was hastened by making it a prerequisite for the practice of a profession or for en- gaging in any business. Nor could marriage licenses be issued until the oath had been taken by both parties.3 The towns were soon quiet, but the country was not. Nor were the inhabitants altogether to blame ; for the federal troops did not soon shake off the habits formed during the war, and even after the proclamation of the final cessation of hostilities, the plundering and wanton destruction of property continued, often accompanied by outrage and violence.3 This, however, was the excep- tion, and not the rule. The disbanded Confederate soldiers, particularly the cavalry, foraged to some extent as they went home. But their opportunities were not so great and sympathy with them, naturally, was greater.

To put an end to this condition of affairs, General Schofield began the organization of a police force for each county,4 detailing General J. D. Cox for the work in the western part of the State, General Terry for the central, and Generals Hawley and Palmer for the eastern. They were instructed to have bodies of troops visit all portions of the State and arrest marauder^.5 General Schofield also had the oath of allegiance administered to certain magistrates of known Union sympathies and left them in the exercise of their functions.6 Prompt justice

1 General Orders, nos. 31 and 32. 2 Ibid., no. 52.

3 Off. Rec, no. too, p. 330 et seq. Last Ninety Days of the War, p. 43 et seq.

1 Off. Rec., no. too, pp. 460, 522 et seq.

"General Orders, no. 35.

6 Off. Rec.. no. 100, p. 610 et seq.

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was meted out to offenders, in and out of the army, whenever it was possible,1 and whenever the troops showed disorganization they were mustered out.2 Every effort was used to have the restrictions on trade removed, for the commander felt that peace would be more quickly restored when destitution, resulting from the abnormal conditions, was relieved, and the people were employed in their usual occupations. He also opposed the rulings of the treasury department in regard to trade.3

The delay in making known the policy of the United States government regarding re-organization of the civil government of the State was considered very unfortu- nate by General Schofield, since he was convinced that the people were well disposed and were ready to make and accept any necessary changes.4 For the re-organi- zation, he desired the appointment of a military gov- ernor who should declare in force the constitution of the State as it existed previous to secession, and appoint officers to serve until the work was completed. An en- rolment should then be made of all citizens qualified to vote by state law, after administration of the amnesty oath. A convention should be called and its action submitted to the people. He was anxious to be selected as military governor for North Carolina, provided some such plan as this was adopted, but if negro suffrage was to be included he preferred to have no part in it.5 Gen- eral Halleck recommended him for the position, but later withdrew his endorsement on the ground that he could not recommend anyone who had advised Sherman to make the terms which had been proposed with

1 Off. Rec, no. ioo, p. 470. 2 Ibid., p. 609.

zIbid., p. 593. * Ibid., pp. 405, 411.

bIbid., pp. 461-3.

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Johnston.1 General Schofield's measures for pacifica- tion and conciliation, meanwhile, were meeting with such success that when he applied for leave, early in June, he said that the presence of troops in the State seemed almost unnecessary.2 His conduct of affairs met with the hearty approval of his superiors,3 and, in every way, he deserved and received the cordial gratitude of the people of the State.

1 Off. Rec, no. 100, pp. 434, 454. 2Ibid., p. 513.

3 Ibid., p. 586.

CHAPTER THREE Presidential Reconstruction

i. the provisional government

On May 9, 1865, the President summoned W. W. Holden to Washington for a conference. He was de- tained and did not reach there until the eighteenth. In the meantime D. L. Swain, B. F. Moore, and William Eaton had also been summoned.1 In company with John H. Wheeler the latter were received by the Presi- dent, who showed them the proclamation which had already been prepared containing the plan for the restor- ation of North Carolina. Moore at once objected and urged its unconstitutionality. He desired the President to allow the legislature to meet and to call a convention. General Sherman had promised transportation for the members on the military lines in the State, and it could be accomplished very quickly. The President took the ground that the body had no legal status, and asked further what he could do if, after recognition by him, it should refuse to conform to the terms deemed necessary. Moore assured him that there was " no one of that body who might not be led back into the Union with a silken thread." In the discussion he grew very caustic, par- ticularly so in stating his objection to the appointment of the governor by the President and the calling of a

1 Off. Rec, no. 100, p. 489. 106

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convention without the intervention of the legislature. The President was very good-natured, but was un- changeable in his opinion and plan.

The day after their interview with the President, they returned to the White House at his invitation and found another party from North Carolina present. It was made up of those whom Holden had brought with him.1 The President laid before them the amnesty proclama- tion and the North Carolina proclamation, leaving blank in the latter the name of the provisional governor, saying that he would appoint the person they should nominate. Moore, Eaton, and Swain declined to take any part in the proceedings and left the room, as did the President, Swain having seen Holden first and urged him not to accept the appointment.2 Holden's name was then inserted by those remaining, and the President, on his return, expressed himself as much gratified at their choice and duly made the appointment.3

It is an interesting speculation as to who would have been appointed by President Lincoln. The North Caro- lina proclamation had been prepared the day of his assassination,4 and it is, at least, likely that he had some one in mind for the position. It is hardly likely that it

^he members of the party, besides Holden, were R. P. Dick, Willie Jones, W. R. Richardson, J. H. P. Russ, W. S. Mason, Rev. Thos. Skinner, and Dr. R. J. Powell. The latter was a native of the State, holding a position in the Patent Office.

2 Memoirs of W. W. Holden, p. 47.

3 The account of the interviews with the President is in Wheeler's Reminiscences, p. 60 et seq. It is interesting to know that among the candidates for provisional governor was George W. Kirk, already notorious for his part in the border warfare in the West, and destined to become again famous, or rather infamous, in the Reconstruction history of the State. Spencer, Last Ninety Days of the War, p. 229.

4 McCulloch, Men and Measures of Half a Century, p. 378.

108 RECONSTRUCTION IN NORTH CAROLINA

would have been Holden.1 His appointment was the one that President Johnson would have been expected to make, for there was much to make him appear to the President the most suitable man for the position. Be- tween Johnson and Holden there was the bond of like social origin and like political opinions in the past, and this fact, coupled with their old friendship and communi- cation during the war, makes it probable that Holden was the choice of the President and that his nomination by the committee was only a matter of form. At any rate, it was certain that the members of the delegation, selected with three exceptions by Holden, would choose him.

President Johnson formally began his policy of recon- struction on May 29 by issuing a proclamation granting general amnesty and pardon to those who had been engaged in rebellion against the authority of the United States. This restored rights of property except in slaves and except when legal proceedings for confiscation had been instituted. An oath was provided to be taken by all accepting the benefits of the proclamation. It was as follows :

I . . .do solemnly swear, (or affirm), in the presence of Almighty God, that I will henceforth faithfully support, pro- tect and defend the Constitution of the United States and the Union of the States thereunder; and that I will in like manner abide by and faithfully support all laws and proclamations which have been made during the existing rebellion with reference to the emancipation of slaves. So help me God.