HIS liXH
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Terms, $4 per Annum.
CHARLOTTE; li C, AUGUST 15, 1865.
Volume 14 Number 679.
THE EXTENT OP THE PRESENT
MILITARY AND CIVIL GOVERN
MENT IN NORTH CAROLINA.
After all that has been said and written about
the present military and civil government of
AVorth Carolina, it tuay be doubted whether the
condition and extent of the two are well under
stood by our citizens. At any rate, we are dis
posed to assume as a certainty that the condition
is not plainly understood, aud to make one more
effort to explain it.
First, 'What is the power of the military of
the United States stationed here? North Caro
lina is a military department of the national
government, and over this department an army
olficer presides, who has entire and unlimited
coutrol over the civil and military laws of the
State, and who still has absolute power over
everything the most remotely connected with
the army, and whose absolute power over the
citizens aud the civil authorities, is only limited
by the authority invested in the Governor by
the President's proclamation.
Secondly, there is in the State a treasury de
partment of the United States government, sep
arate and distinct from the military, existing
under the laws of Congress. This department
has its own head, and is totally and entirely in
dependent of any civil government existing
here.
Then comes the Freedmen's bureau, estab
lished by Congress, with its. own laws, and its
own officers to control and execute them. This
Department is established amongst us, subject
only to the laws and regulations of the United
States, and entirely free, distinct, and indepen
dent of any aud all civil authority now existing
in North Carolina.
Then comes the civil government of the State,
having no power except such as is conveyed
upon Governor llolden by the proclamation of
the President, for the purpose of enabling the
loyal citizens of the State to hold a Convention
to alter and amend their constitution, and with
authoriiy to exercise all the powers necessary
and proper to enable such loyal people of the
State to restore said State to its constitutional
relations to the federal government, and to pre
sent such a republican form of government as
will entitle the State to the guarantee of the
general government.
Thus it is the powers of the Governor are
limited to "a particular purpose, which is to
enable and assist the loyal citizens to hold a
convention, and to establish the connection of
the State with the general goyernment. He
has no control over the military, the treasury
department, or the Ereedmei's bureau.
Of course, the first great object is to assist
and enable the loyal citizens to hold a Conven
tion for the purpose of altering and amending
the eonstitutien. This will be done as speedily
as is consistent with the proper consideration of
the rights and privilege? of all loyal citizens.
As soon as all such people can qualify them
selves with convenience to vote and to assist in
electing members to the Convention, the elec
tion will be ordered.
But it is not to-be hoped that a Convention
can do any act that will restore us ' to all our
rights and privileges. It is not to be expected
that the military power will be surrendered to
the civil authority, and the military withdrawn
from the State, until our members of Congress
are elected, and admitted into the Congress of
the United States, and our State restored to its
constitutional relations with the federal govern
ment. The meeting of the Convention is greatly to
be desired, and certainly that body will do many
thiugs to aid and relieve the people in their pre
sent'distressed and unsettled condition, but it
must steadily be borne in mind that the Con
vention cannot restore us to-the privileges of the
United States government. We are compelled
to wait until December when Congress shall
have convened, before we can hope to enjoy that
privilege.
In the meantime, if we continue peaceable
and united, and present an acceptable constitu
tion .o Congress, when our members are elected,
we shall be admitted into the Union, and be
restored to the rights enjoyed by our fathers.
But if we get up dissensions and strifes among
ourselves, or with the military authorities, or if
we fail to present to Congress such a constitu
tion as we know the national government will
demand of us, under the directions of President
Johnson, we may remain, in pur, present condi
tion for years to come, and the military remain
amongst us and have the same control of our
affairs that they exercise to day. It is not tfie
meeting of the Convention or its action that
can relieve us," but it is our restoration to the
national government through the action of" Con
gress. Raleiyh Standard.
A Proclamation.
BY WM. W. HOLDEN, PROVISIONAL GOVNOR,
To the People of North Carolina.
In pursuance of power vested in me by ANDREW
JOHNSON, President of the United States, by his
Proclamation of May 29th 1865, appointing a Pro
visional Governor of North Carolina, under the
fourth article of th& Constitution of the United
States, which guarantees to every State in the Union
a republican form of government; and in order to
enable the loyal people of said State to organize a
State Government, whereby justice may be estab
lished, domestic tranquility restored, and loyal citi
zens protected in all their rights of life, liber.ty, 1
and property; and in order, also, that said State
may be restored to its Constitutional relations to
the Federal government, by presenting such a re
publican form of government as will entitle the
State to the guarantee of the .United States therefor,f
and its people to protection by the United States
against invasion, insurrection and domestic vio
lence, I, WILLIAM W. HOLDEN, Provisional Gov
ernor as aforesaid, do hereby proclaim that an elec
tion will be held in said State, on Thursday, the
21st day of September, 1865, for a Convention, to
be composed of one hundred and twenty delegates,
to be chosen as follows :
The county of Alamance wilPchoose two mem
bers. The count- of Alexander will choose one member.
The counties of Ashe and Alleghany will choose
one member.
The county of Anson will choose two members.
The county of Beaufort will choose two members.
The county of Bertie will choose two members.
The county of Bladen will choose one member.
The county of Brunswick will choose one mem
ber. " .
The county of Buncombe will choose one member.
The county of Burke will choose one member.
The county of Cabarrus will choose one member.
The county of Caldwell will choose one member.
The county of Camden will choose one member.
The county of Carteret will choose one member.
The county of Caswell will choose two members.
. The county of Catawba will choose one member.
The county of Chatham will choose three mem
bers. The counties of Cherokee and Clay will choose
one member.
The county of Chowaji will choose one member.
The county of Cleaveland will choose two mem
bers. The county of Columbus will choose one member.
The county of Craven will choose two members:
The counties of Cumberland and Harnett will
choose three members.
The county of Currituck will choose one member.
The county of Davidson wiH choose two members.
The county of Davie will choose one member.
The county of Duplin will choose two members
The counties of Edgecombe and Wilson will
choose two members.
The county of Forsyth will choose two members.
The county of Franklin will choose one member.
The county of Gaston will choose one member.
The county of Gates will choose one member.
The county of Granville will choose three mem
bers. ' .
The county of Greene will choose one member.
The couuty of Guilford will choose three Mem
bers. The county of Halifax will choose twd members.
The. county of Haywood Will choose one member.
The counties of Henderson and Transylvania will
choose one member.
The county of Hertford will choose one member.
The county of Hyde will choose one member.
The county of Iredell will choose two members.
The county of Jackson will choose one member.
The' county of Johnston will choose two members.
The county of Jones will choose one member.
The county of Lenoir will choose one member.
The county of Lincoln will choose one member.
The county of Macon will choose one member.
The county of Madison will choose one member.
. The county of Martin will choose one member.
The county. of McDowell will choose one member.
Thecounty of Mecklenburg will choose two mem
bers. The county of Montgomery will choose one mem
ber. The county of Moore will choose one member. -The
county of Nash will choose one member.
The county of New Hanover will choose two
members.
The county of Northampton will choose two mem
bers. ,
The county of Onslow will choose one member.
The county of Orange will choose two members.
The county of Pasquotank will choose one mem
ber. The county of Perquimans will choose one mem
ber. .
The county of Person will choose ode meiuber.
The county of Pitt will choose two members.
The county of Randolph will choose two mem
bers. The county of Richmond will choose one member.
The county of Robeson will choose two members.
Thecounty of Rockingham will choose two mem
bers. The county of Rowan will choose two members.
The counties of Rutherford and Polk will choose
two members. .
The county of Sampson ill choose two members.
The county of Stanly will cfcoose one member.
The county of Stokes will choose one member.
The county of Surry will choose one member.
The county of Tyrrell will choose one member.
The county of Union will choose one member.
The county of Wake will choose three members.
The county of Warren will choose two members.'
The county of Washington will choose one member.
The county of Watauga will choose one member.
The county of Wayne will choose two members.
The county of Wilkes wiil choose two members.
The county of Yadkin will choose one member.
The counties of Yancey and Mitchell will choose
one member.
The Clerks and Sheriffs of .the respective counties
will proceed at once po assemble the Justices of the
Peace, a majority of whom will select from their
number not less than six nor more than eighteen
Justices, men of intelligence, discretion, firmness,
and approved loyalty, whose duty it shall be to ad
minister to those who may be entitled to receive it,
the oath contained in the President's Amnesty Proc
lamation of May 29th, 1865, under such instructions
as may be prescribed in tjiis Proclamation. The
Justices shall, at the same time, appoint Inspectors
of the elections at the various precincts in their re
spective counties, ir accordance with the law in re
lation tnereto, Chapter 52, Revised Code of North
Carolina. The elections for members of the Con
vention shall be conducted in the same manner as
elections for members of the House of Commons, in
accordance with the provisions of chapter 52, Re
vised Code, so far' as saidprovisions niay be appli
cable; and the officers appointed to hold said elec
tions, aud to mske returns thereof, shall be liable to
the same penalties for failure to act, or for neglect
of duty, as are prescribed in chapter 52, Revised
Code.
No person will be allowed to vote who is net a
voter qualified as prescribed by the Constitution and
laws of the State, in force immediately before the
20th day of May, 1861; except that the payment of
a poll tax shall not be required.
All paroled soldiers of the army and navy of the
pretended Confederate States, or of this State, and
all paroled officers of the army and navy of the pre
tended Confederate States, or of this State, under
and including the rank of Colonel, if of the .army,
and under and including the rank of Lieutenant, if
of the navy, will be allowed to vote, provided they
are not included in any of the fourteen excluded
classes of the President's Amnesty Proclamation;
and, provided further, that they are citizens of the
State in accordance with the terms prescribed in the
preceding paragraph.
No petson will be allowed to vote who does not
exhibit to the inspectors a copy of the Amnesty
Oath, as contained in the President's Proclamation
of May 29ih, 1 805, signed by himself and certified
by at least two Justices of the Peace.
The Sheriffs of tlie respective counties shall fur
nish, as soon as practicable, certificates of election to
those persons who may have received the highest
number of votes as members of the Convention; and
the Sheriffs shall also immediately send to the office
of the Secretary of State, Raleigh, a statement of
'he vote in their respective Counties for the mem
bers aforesaid, and also a BtatemenEof the said vote,
sealed up, directed to the President of the Conven
tion, Raleigh, to be laid before the Convention.
The members of the Convention thus chosen, will
assemble in the city cf Raleigh, 'on Monday, the
second day of October, 1865.
The attention of Justices appointed to administer
the Amnesty Oath, is especially directed to the fol
lowing fourteen exclud'ed classes of the President's
Amnesty Proclamation of May 20th, 1865 :
" First All who are or shall have been pretended
civil or diplomatic officers or otherwise, domestic or
foreign agents of the pretended Confederate govern
ment. Second All who left judicial stations under the
United States to aid the rebellion.
Third All who shall have been military or naval
officers of said pretended Confederate government
above the rank of Colonel in the army or Lieutenant
in the navy. "
FourthAll who loft seats in the Congress of the
United States to aid the rebellion.
Fifth All who resigned or tendered resignations
of their commissions in the army or navy of the U.S.
to evade duty' iu resi&ling the rebellion.
Sixth All who have engaged in any way in treat
ing otherwise than lawfully as prisoners of war per
sons found in theU. S. service, as officers, soldiers,
seamen, or iu other capacities.
Seventh All persons who have been or are ab
sentees from the U. S. for the purpose of aiding the
rebellion.
Eighth All military' and naval officers in the
rebel service who were educated by the government
in the Military Academy at West Point, or the U. S.
Naval Academy.
Ninth All persons who held the pretended offices
of Governors of States in insurrection against the
United States.
Tenth All persons who left their homes within
the jurisdiction and protection of the United States,
and passed beyond the federal military lines into
the so-called Confederate States for the purpose of
aiding the rebellion.
Eleventh All person? who have been engaged in
the destruction of the commerce of the United States
upon the high seas, and persons who have made
raids into the United States from Canada, or been
engaged in destroying the commerce of the United
States upon the Jakes and rivers that separate the
British provinces from the United States
Twelfth All persons who, at ,the time when they
seek to obtain the benefits herepf by taking the oath
herein prescribed, are in military, naval or civil
confinement or custody, or under bonds of the civil,
military oi naval authorities or agents of the United
States, as prisoners of war or persons detained for
offences of any kind either before or after conviction.
Thirteenth All persons who have voluntarily
participated in said rebellion, and the estimated
value of whose taxable property is over twenty
thousand dollars.
Fourteenth All persons who have taken the oath !
of amnesty as prescribed in' the President's procla- j
mation of December eight, A. D. one thousand eight
hundred and sixty-three, or an oath of allegiance to
the government of the United States since the date
of said proclamation, and who have not thencefor
ward kept and maintained the snine inviolate :
Provided thatspecial application may be made to
the President for pardon by any person belonging to
the excepted classes, and such clemency will be lib
erally extended as may be consistent with the facts
of the case and the petice and dignity of the United
States." - , ?
Under the first exception are included all persons
.who have been civil or diplomatic officers or agents
of the pretended Confederate government, either
within or without the territorial limits of the United
States.
Under the seventh exception are included all offi
cers, agents, or private citizens who have been ab
sent from the United States for the purpose of aid
ing the rebellion. '
Under the thirteenth exception are included all
who, during the rebellion, have held any office or
agency under the State or pretended Confederate
government; or have in any way voluntarily joined
in the rebellion, as for example, by entering or
marching with armed forces hostile to the United
States; by sending or furnishing money, provisions,
or arms to persons engaged in the rebellion, save in
cases where none or provisions were furnished
from the projoptirgs of charity or humanityj by
acting with assemblages of persons, whether organ
ized or unorganized, hostile to ttie United States;
or in any other way giving voluntaryuid, assistance
or encouragement to the rebellion; and whose tax
able property on the 29th day of May 1865, exceed
ed in valua the sum of twenty thousand dollars.
The other exceptions are so plain as not to require
explanation.
No certificate will be granted by the Jnstices to
any person who is included within any of the four
teen excluded classes, unless on exhibition by the.
party of his pa:don for his offence from the Presi-.
dnt. ,
The Justices appointed to administer th amnes
ty oath, and tofuruish certificates of the same which
shall be evidetice of loyalty, are especially instruct
ed to be vigilant aud faithful. While it will not be
their duty to attempt to pry into the hearts and con
sciences of men, they will nevertheless admonish
those who may apply to take the oath, that it must
be taken and subscribed in good faith, with an hon
est intention on their part to keep it without secret,
purpose or ditnt.il reservation upon any occasion or
at any time lo committ any act in violation of said
oafji; and they will warn them that if the oath is not
thus taken and kept, the pardon offered them by the.
President wiil be void, and they will remain subject
to trial under the law for perjury and treason.
The Justices, Clerks and Sheriffs, .whose duty i'
is -to provide for administering the oath and to Gon
duct the elections, are enjoined to use every practi
cable means to enable every citizen to take the oath
who may desire and be entitled to do so. And the
Inspector ire enjoined, to inspect and examine fair
ly and trolr, tor decide in every case in accordance
with the la.v, and with the instructions they have
received torn this office, and to make prompt and
correct re:urns of the number of votes and for whom
cast, attiieir respective precincts.
Done a: our city of Raleigh, the 8th day of Au
gust, one thousand eigiit hundred and sixtyfive,
and in tie year of the Independence of the United
States tie eightv-ninth. '
' WILLIAM W. nOLDEN,
By the Governor : Provisional Governor.
Lkwi$ Haxes, Private Secretary.
'August 14, 1865.
, m i
JfFFEitsoN Davis. Notwithstanding the.
various stories set afloat in regard to the ill-treatment
of Jefi. Davis, it is but just to the author
ities lo state positively that he is treated with
the cansideratiion due a noted prisoner of state
by tie Commandant 'at Fortress . Monroe. No
officer has been or is stationed in his cell; he is
alloved to take frequent walks on the ramparts
and is permitted to choose his own food. The
stories that his cell is guarded by a score.or
more of bayonets, that in his promenades be is
attended by a battalion of soldiers, aqd that his.
diet is limited to the army ration, are as ridicu
lous as they are untrue. .
-
. The ftev. W. M. Green, Episcopal Bishop,
of Mississippi, in an ecclesiastical order issued
by him on the 19th ult., instructs the clergy
under his charge that so soon as the military
rale of the government in the State shall be
withdrawn they shall resume the regular prayer,
for the President of the United States and those
in authority, but not before. He also expresses
himself as opposed to a reunion with the
churches of the North.
. w
Mortality. This, city has been entirely
free from epidemics diseases, and yet the oldest
inhabitant has never known it to be so sickly
as it has been for the past two-, months." The.
number of persons, black and white, who have,
been in and around the city for some time, is
evidently. the cause. The colored population
has trebled the former number. The number
of death among the citizens has not been exces
sive, but one of the Quartermasters inform us
that the demand for coffins in his department
for several weeks, has. averaged about 70. Most
of these have, been Blacks. Blacks, who have
left their homes and. come to the city, living,
without employment .and on such fare as they
get, have suffered terribly. In some instances,
more than half of those who left their homes,
have died. Raleigh Christian Advbcate.