NORTH CAROLINA. 



this there should be no party feeling. It is my fixed 

 purpose to protect every citizen without regard to his 

 antecedents, his color, or his political opinions; but 

 to do this the law must be sacred, must be spread 

 over all alike, and must be inflexibly maintained. 



This action on the part of the Executive did 

 not produce the desired effect of restoring 

 order and tranquillity in these counties, and, 

 after the assembling of the Legislature, Gov- 

 ernor Holden applied to that body for " such 

 amendments to the militia law as will enable 

 the Executive to repel violence and disorder 

 in certain localities in this State, and to protect 

 the persons of citizens, their lives, and their 

 property." In conformity to this suggestion, 

 a bill "to secure the better protection of life 

 and property " was introduced by Mr. Shoff- 

 ner, which, among other things, provided for 

 a suspension of the writ of habeas corpus. 

 Amendments were, however, made, which, 

 eliminated this feature of the bill. As altered, 

 it contained the following sections: 



SECTION 1. The General Assembly of North Car- 

 olina do enact, That the Governor is hereby author- 

 ized and empowered, whenever in his judgment the 

 civil authorities in any county are unable to protect 

 its citizens in the enjoyment of life and property, to 

 declare such counties in a state of insurrection, and 

 to call into active service the militia of the State to 

 such an extent as may become necessary to repress 

 such insurrection. And in such case the Governor is 

 further authorized to call upon the President for such 

 assistance, if any, as in his judgment may be neces- 

 sary to enforce the laws. 



SEO. 2. That, upon motion of the solicitor of a 

 district, it shall be the duty of the judge thereof to 



remove the trial of any person who has oeen, or who 

 may hereafter be, indicted for murder, conspiracy, 

 and for violation of an act ratified the 12th day or 

 April, 1869, from the county where such offence may 

 have been committed to such other county in his dis- 

 trict or adjoining district as the solicitor may desig- 

 nate. And any judg_e before whom such case is 

 pending may, upon his own motion, make such re- 

 moval. 



This measure met with bitter opposition 

 from some members of the Legislature, who 

 denounced it as being an invasion of the liber- 

 ties of the people, by placing despotic power in 

 the hands of the Executive, and contended 

 that there was no necessity for such extreme 

 measures, since order could be maintained 

 anywhere in the State by the civil authorities. 

 The opponents of the measure, however, were 

 in the minority, as a majority of the Legisla- 

 ture asserted that the evils complained of had 

 been increasing, and that unless these outrages 

 were summarily repressed by prompt action 

 on the part of the Executive, other sections 

 of the State would be infected and the disor- 

 ders become general. A final disposition of 

 the bill had not been made at the close of the 

 year, but the sentiment of the Legislature was 

 in favor of its adoption. 



The regular session of the Legislature com- 

 menced at Raleigh on the 15th of November, 

 and proceeded without delay in the transaction 

 of business. The members of this body had 

 been chosen at the election of the preceding 

 year, and were classified as follows : 



Senate. 



Eepubhcans 41 



Democrats 8 



Eepublican majority 33 



White. 46 



Colored 3 



403 



Home. Joint Bal. 



82 123 



88 46 



44 T7 

 104 

 16 



White majority 43 88 



A question arose early in the session as to 

 the tenure of office of the members. They had 

 been elected under a provision of the consti- 

 tution which declared that the term of the 

 members chosen in April, 1868, should " termi- 

 nate as if they had been elected at the first 

 ensuing regular election." By a further pro- 

 vision of the constitution, the terms of the 

 members of the General Assembly were made 

 biennial ; and the first election was ordered to 

 be held on the 1st Thursday of August, 1870. 

 The language of the constitution was construed 

 by some to extend the term of the present 

 members to the year 1872 ; while, on the other 

 hand, it was claimed that the period for which 

 they had been elected was two years. After 

 the matter had been discussed at some length 

 in the Legislature, the question was referred 

 to the justices of the Supreme Court for their 

 opinion. 



Upon the opening of the General Assembly 

 the following joint resolutions were offered as 

 expressing the policy of the Government in 

 regard to the State debt, and were ordered to 

 be printed : 



" Resolved, the Senate concurring, That, in order to 

 remove any and all doubts as to the disposition and 

 purpose of North Carolina to meet and discharge all 

 her legal and just obligations to her creditors, whether 

 at home or abroad, it is hereby solemnly declared to 

 be the sentiment of the General Assembly of the said 

 State, that honor and good faith, as well as sound 

 policy, demand the payment of every dollar of the 

 regularly-contracted State debt that has recently been 

 pronounced by our highest judicial tribunal in ac- 

 cordance with the true intent of the constitution of 

 the State. 



Resolved, That the decisions of the said court are 

 regarded as final, and are conclusive, not only as to 

 the validity of the special tax debt, but equally con- 

 clusive on the other nand that the bonds pronounced 

 illegal and irregular by said court have no binding 

 force whatever. 



Resolved, That North Carolina would regard the 

 repudiation of a single dollar of her regular indebted- 

 ness as a violation of every principle of plighted faith , 

 and as one of the greatest misfortunes that could 

 befall her people. 



The policy favoring a removal of the political 

 disabilities imposed upon certain citizens of 

 the State, gained strength during the year ; for 

 a resolution passed the House, by a vote of 59 

 to 24, requesting Congress " to remove from 

 all citizens of this State the political disabilities 

 imposed by the fourteenth amendment to the 

 Federal Constitution." In the preamble, it 

 was stated that " the time has fully come when, 

 in the opinion of this General Assembly, politi- 

 cal and civil equality before the law ought to 

 prevail among all the men of North Carolina, 

 without regard to race or to past political of- 

 fences." The Senate, however, favored an 



