U N 1 0 NV T H E C 0 N S T I T U T I P N ? A N D, T II E LAWS Til KaGU ARDI ANS OF OUR LIBERTIES.1
Vol. XLVI.
IHLLSBOROUGH,' N. C:, 4 WEDNESDAY; -DECEMBER 5 1SGG.
No. 2360; '
I i
MESSAGE. ...
GOV. JONATHAN WORTH. .
To', I he Uonorallt , the Ctneral Attcnlly of North
Carolina, - " i ' .
' , ' " ! ll (Coacladed j "' ' ' '
f . '. . .
The number dependent for subsistence
on public charity is vastly greater than it
ever was in any past period of our h'ntory.
A benevolent feature of tbe Freed men's
Bureau was the isauiog of rations to is
digent blacks. This, 1 understand, will be,
or has been discontinued. Large numbers
of them, too old or infirm to labor, and a
still larger number of children too young
to labor, and, without parents, or with pa
rents not providing for them, must be eared
for. Jo addition to these is the large num
ber made dependent bj the lots or tha
maiming of their Lathers in the late war.' As
to the number of these last I cannot fur
nish the statistics, contemplated by the
resolution of tbe General Atterablj of the
tenth ol March last, the chairman of the
County Courts of some three or four coun
ties onljr, having sent me any returns, and
these do not proles to be full and accurate.
The pauper negroes, formerljr supported bjr
the roaster, must now gi to the pour houses.
I recommend a revision of the poor taws.
1 am not prepared tu suggest anj specific
alterations of them, but hoje jour wisdom
way be able to devise some plan of light
ening the heavy burthen which the proper
care of the poor ruustsoon impose upon us.
1 recommend a revision ol our laws in
relation to apprenticeship. The future well
bun,; of the Slate depends much upon the
manner in which our children and jouth are
brought up. Great numbers of the rising
generation, white aud black, are growing
op without proper training in the habits ol
steady InJustry essential to make them,
tuorat and useful citizens. Some of these
children, having no father to guide them;
man j of them, (in the language of one ol our
statutes,) when the parent with whom uch
children maj live.do not habitually rmpluj
their time in some hooest, industrious oc
cupation." But to attain the proper ends
of apprenticeUip, no pain should bepar
ed in selecting the ousters to whom the
tutelage of such children is committed. In
this, t think the administration ol our taws
requires amendment. When a child is to
be bound apprentice, I tear that our coun
try Courts, to which this dutj i confided,
and which are expected to act in loco pa
rtntis, often neglrct to look proper! tu the
fitness of the master to bring up the child.
Now when the welfare of the State requires
the exercise of this power mucti more ex
tensively than formerly, it is well to in
quire whether something maj not be done
tor the better protection and rearing of this
rlan. In practice, I fesr!ihat the eminent"
Ijr wise and beneficent provision of our
btatutrs, Rev.Code,M:hap. 54, Sec. 18, has
not been sullicienuvUsened. It requires
the Grand Jury of every count annually,
at the orphan's court, "to present to tfie
Court, in writing, the names of all orphan
children within their count, that hive not
guardians, if nut bound out to some trade
or employment and also all abuses, mis
management and neglect ol such guardians
as sre appointed by the court ol fieir coun
ty. 1 recommend that the provisions ol this
cction bt enlarged o a to embrace all
children whom you may declare lit subject
ui apprruwccaiiips, aim mat the Jury report
at ever term of the court, and that it be
inaue the out ot the county attorney, at
vach term, to give the act in charre to the
Grand Jury. I suggest further that it would
trnd much to the security and proper care
iJ apprentices, if it were made'the snerial
duty ol the county solicitor to attend to
tne binding or each apprentice, and attest
the indentuies, with power in every case
where he may deem it eipedient, to carr
the case by anneal to the Superior Court.
and that proper provision be made for his
compensation for this service.
I have received from Thos. P. Devereox,
Iq, an aged citizen, distinguished for his
intelligence, and long the owner and mana
per of large number of slaves, a letter on
this subject, presenting many views ind
reflections, the 'result of -his i experience;
I transmit his letter with this message, and
command his suggestions to your conaidera-
HUH.
It has been th policf of the General
Assembly, since the ordinance of emanci
pation', to so relorm our laws, as to personal
rights, that no di'stinctt6n should exist: to
the prejudice of the blacks. I find some
uisiincnons sun exisua loipprciiubr-smp,
inadvertently overlooked I presume.5 Our
laws' reauire the binding 6f white females
to the age of eighteen, and colored females
to the age ot twtnty-one years ; ana power
is conferied on the court to bind as appren
tice, "the children of free' negioes,wnen
the parents with whom such children may
live, do not habitually employ their- time
in "some honest' industrious occupation."
There is no provision for binding white
children so neglected by their parent!. I
hope the law will be so altered as to abolish
these discriminations, and all others, if any
others be found to exist.
An embarrassing difficult, as to the bind
ing of negro children, has lately presented
itself. 1 was notified by a citizen, to
whom negro children had been bound a
apprentices by the count court, that he
bad been notified bj an otiicerotthe freed
msn's bureau, that such binding would not
be respected, and that he was required to
surrender such children, the indentures
having been declared null by authority of
the ollicers ol the bureau, I had no previous
notice that such interference was contem
plated. In reply to a letter of inquiry
which I thereupon adJressed to Brevet
Major General Robinson, the Assistant
Commissioner of the Freedman's Durean
in this State, he sent me a copy of the or
der under which his eubordinate acted, in
mese words: "The civil courts will not
be allowed to make any discrimination be
tween whites and blacks, in the appren
ticing ol children. No child whose parents
are able and willing to support it, can be
bound without the consent of the parents;
chiidrtn over fourteen years of age will not
be bound out as apprentices under any cir
cumstances, ("ol. Rutherford will see that
ihe above rules are strictly carried out, and
will at once coticcl all indentures not made
iu conformity therewith." This order, if
carried into effect, substantially annuls, as
I conceive, the powers of our courts over
minor children of color. The correspon
dence on the subject is not concluded. I
hope the order will be revoked. As soon
s a final decision shall be reached I wilt
communicate it to you.
soon alter the adjournment of our Con
vention, I addressed a communication to
General Robinson, catling his attention lo
the fact that our laws had been so reformed
that no discrimination existed as to the ad
ministration of justice, to the prejudice ol
free persons ol color. He promptl issued
an order, a copy ol which accompanies this
communication, dated July the 15th, IfcCG,
restoring to our courts, with one exception,
all cases to which freedmen are parties.
This order relieved our people from one
source of great annoyance. It has been
latlhluliy observed on the part of the bu
reau, and the power so jiistlv and wUely
exercised by our courts, that nobody now
doubts that the change of jurisdiction was
a proper one.
Our anomalous condition, the boundaries
of jurisdiction between the military and
civil authorities beinz illy defined, has led
to much correspondence between the Ex
ecutive aud Military Commandants of the
State. It Is spread out on my letter book,
subject to jour inspection. It shows, as I
think, a deposition on both sides, to avoid
unneceasar conflict. t
For a time I was distressed by a portion
of our people, who, by petitions addressed
to the President anu otherwise, charged
upon our courts partiality and favoritism,
to the prejudice ol the United States' sol
diera and negroes J and by reports tending
to the same end, made lo me by the mili
tary commandant of the State, covering
complaints made to him, by certain of our
citizens, who represented itut they could
not hsve justice in our courts. Investiga
tion bat shown these complaints to bare
had no just fouudation.'and the manifest fair
ness with which our judicial odicers have
held the scales-ol justice, has won the
admiration of all. Atone time these com
plaints seemed alarming. 1 deemed it of
vital importance to ascertain whether there
was any iust grounds for them, and if
they were found to be unfounded, to coun
teract their baneful iufluence. . And, upon
receiving from the military commandant
of the State, a complaint from a citizen of
Wilkes County, imputing grossly disloyal
conduct to certain persons, being organized
State militia, I deemed it neceisary to send
sn agent, in conjunction with one appoint
ed by the military commandant, to enquire
into the truthfulness of these allegations.
I appointed William S. Mason, hsquire,
of this city. ' His report. s well as that of
the officer sent with him by General Robin
son, showed the groundlessness of the com
plaint.' Mr. Mason bore hit own expenses
and performed this service, with the knowl
edge that I had no power to give a warrant
for his compensation. Ilia services were
valuable to the State, and I trust you will
have no hesitation in giving him suitable
compensation.
The term for which the Honorable John
Pool was elected United States Senator
will expire on the fourth of March nest.
Although we have no indications how long
it will ie the pleasure of the dominant par
tj ia Congress to exclude us from anj par
ticipation in ntiornl legislation, we ought,
a 1 think, to continue to perform on our
part, all our constitutional duties, among
which is the election of a Senator, with all
the qualifications prescribed in the Consti
tution ; and I, therefore, deem it proper to
call your attention to an act of Congress,
approved July 25th 1866, entitled "an act
to regulate the tunes ana manner for hold
ing elections for Senators in Congress, a
copy f which accompanies this message.
Under the resolutions, authorizing the
furnhing f maimed oolJiers vith artificial
legs, passed at the last session ot the Gen
eral Assembly, devolving on the Governor
the duty of carrying the time into execu
tion. 1 addressed a letter to the Sheriff of
each county of the State, requesting him to
report to ine, at an early day,' the number
in his county who nau lost umos, dis
tinguish, ng those who had lost legs, from
those who had lost arms. I also addressed
letters to a number of Manufacturers of
artificial limbs, whoso patents had been ap
proved, and who were manufacturing limbs
for the maimed soldiersol the United States,
requesting them to send me samples of their
manufacture, and to aubmit proposals for
supplying the State. Many speciments were
sent and proposals made. After a careful
examination and extensive inquiry, I closed
a contract with Jewitt & Co., at seventy
dollars for each leg and fifty dollars for each
arm to be supplied. To insure an easy fit,
it was necessary that the soldier should be
in the shop and there have the limb fitted
to the stump, and the contract, therefore,
required the manufacturer to make them in
a shop in this city. To enable '.he soldiers
to come here without cost, I wrote to the
Presidents of each of the railioads and trans
portation companies, requesting free pas
sace for theni, coining and going, to which
alt of them promptly assented. 1 Caused to
be fitted Jup 'a houvc with suitable bedding,
&C, for such of them to occupy as might
choose to do an, they being at no expense
except tor provisions, wnicn tney couiu
bring with them or otherwise procure. I
employed Mr. S. G. Kvaii to attend to the
dctaila, whose (report, to me accompame
inia message, aoe fun "is, , wuuuui ex
ception, have givra me their prompt co
operation. The government of the United States
pavs the same cnntracioissevsnty-flve dol
lars for each leg. It will not coat the State
more than this sum. including all the inci
dental expenses. The manufacturers arc
executing their endertaking laithfutly, and
giving, so far as I have beard, entire satis
taction to the maimed soldiers. I am much
gratified with the successful and satisfac
tory aiaiinerin which this work is progress
inr. which cave me much anxiety and so-
licitude'ia the selecting of the patent, and
arranging the beginning of the work. l'
refer you for further particulars to the ac
companying report of Mr. Ryan, who has
faithfully and diligently kept the books and
attended to all the details. f ; , ,
The cose ot the war left the Lunatic ,
Asylum in a most deplorable coudition.'
On the occupation of this city by the Unit-,
ed States army, the benevolent design f
this Institution d d not protect it , from
spoliation. The lencing which inclosed
its grounds, some 88 acres, was torn away
and ased for fuel, or other purposes. The
orchard and garden wereemosed. ltaetnrir
of milch cows, hogs, corn, pork, &c.. was.
Beizeu anu laaen away, it, is just to the
United States officers in command here, to
ay, that they prevented the disbanding of
the Institution and the turning out of the;
poor maniacs by furnishing the needful sup
plies until, by the partial restoration of the,
civil authorities, the State could resume
her guardianship over it.
Uuder the act ratified the tenth daj of
March last, " to secure a better government
for theInsane Asylum," vesting the gov
ernment ot Ihe institution in five super-,
visors, to be biennially appointed by the
Governor, and the Governor to be ex officio'
Chairman of the board, I solicited and ob
tained the conaeut ot five gentlemen, dis
tinguished for capacity and benevolence,
and all resident in Raleigh, to serve as su
pervisorsto wit : Tnos. Bragg, Geo. W,
Mordecai, Dr. E. Rurke liajwood, T. H.
Selby, and C. Dewey, and, upon the resig
nation of Dr. Hay wood, after a few months
service, I obtained the eonsent of Dr.
Charles E. Johnson, and appoioted him to
fill the vacancy. These gentlemen are en
titled to the thanks of the State for their
diligent ett'ort, requiring much of their time,
often upon sudden call, in tbe discharge of
their duties. The journal of our proceed
ings are open foryour inspection. We have
endeavored to do everything we deemed
compatible with the laws and consistent
with enlightened benevolence, to diminish
the expenses ot the Institution. Your at
tention is invited to -the report of the Su
perintendent, Dr. E. C. Fisher, which I
herewith transmit to vou. indicating- the
particulars as tu which we deem additional
legislation necessary. It is believed that
it present a full and fair showing of the
management of this great charitv. and its
future wants. The whole of the aoDronria-
tion for its support haa been exhausted. A
.a - . .
lurtner appropriation will be needed at an
early day to lay in supplies for the coming
year. Y e did not construe the act making
the appropriation for the support of the In
stitution tins year, as contemplating the
payment of sundry debts contracted for sup
plies, salaries, kc, towards the close of the
war aud afterwards. We have had much
trouble in scaling these debts, mostly on
the basis of Confederate mcney. If adjust
ed according to the scale of depreciation
established by the General Assembly, some
oi mem would get much more and others
much less, than we deemed equitable. We
ubmit a report of the amouut which, we
think, ought to be paid to each of these cre
ditors and 1 recommend that an appro
priation be made lor their payment.
It will be een by the able "report of our
Public Treasurer, which I herewith trans
mit, that we received somemonths ago, the
rrip lr one hundred and seventy thous
and (170,000) acres of public lands, being
our share of a donation of public ianr's, by
Congress, to aid in establishing colleges in
the several States ard territories, to impart
instructions in agriculture and the mechan
ic arts, liy the section of an act of the
General Assembly, ratified the first day of
March, 1860, the public treasurer is em
powered, by and with the advice of the Gov
ernor, to sell this land, and invest the pro
ceeds in stocks of th United States, or of
the States, or other safe stocks, yielding
not less than five per centum interest. Ow
ing to the Homestead law, which grants
limited quantities of the public lands to ac
tual settlers, at a nominal price, our scrip,
if now put in the market, will bring little
more than fiity (50) cents per acie. If
sold at this price, the endowment of the
proposed college would be very small, and