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so to do by Colonel R. T. Frank, the military commandant of the post at Wilmington. The United States marshal then addressed a letter to General Sickles, informing him that the process of the Federal courts was obstructed by one of his subordinate officers, but received no answer from the commanding general, though he was soon after informed by Colonel Frank that the course of the latter was approved by his superior. The matter having been reported at Washington, General Grant telegraphed to General Sickles in these words:

WAR OFFICE, WASHINGTON, August 13, 1867. Maj.-Gen. D. E. Sickles, Charleston, S. C.: Paragraph two, General Orders, No. 10, current series, must not be construed to bar action of a United States court. Authority conferred on district commanders does not extend in any respect over the acts of courts of the United States.

U.S. GRANT, General. Thereupon General Sickles desired that this order should be held in abeyance until he should give a full explanation of the case, which request was granted. In the mean time the marshal in North Carolina was instructed, from the office of the Attorney-General at Washington, that the military authority imparted by the reconstruction acts did not in any respect extend to the courts of the United States, and that the case should be reported to the District Attorney, in order that he might procure an indictment against General Sickles for violation of the criminal laws in resisting the process of the United States court. The marshal was furthermore directed to continue to execute process in conformity to the authority of the court, and if opposed, and menaced with force, to report the names of all offenders to the District Attorney, for his action under the criminal law relating to the resistance of process of the United States courts. On the 24th of August, a document issued from the Attorney-General's office, addressed to the President, over the signature of John M. Binckley, acting AttorneyGeneral, giving an account of this matter and strongly disapproving of the course of General Sickles in the premises. The acting AttorneyGeneral said: "I respectfully subunit that the case is one of those which lie within the purview of the statutes in force for the punishment of persons who obstruct process of the United States, and is simply the case of a high misdemeanor, legally contemplated." General Sickles addressed to General Grant, in defence of his conduct, a letter of considerable length, in which he says:

If it had been fairly said that I entertained the opinion that the same reasons of public policy which constrained me to determine the time and manner in which collections of debts should be enforced in the State courts, should equally guide me in the exercise of a just and necessary discretion in like cases in all courts in this military district, my position would have been truly stated; for I do firmly believe that Congress, intending to secure the restoration of these States to the Union, made all other considerations subsidiary to the accomplishment of this end. I do not believe that processes of courts of the United States should override and set aside the orders Con

gress has empowered me to make for the execution of its measures.

General Sickles was removed from the command of the Second Military District by the President, and General E. R. S. Canby appointed in his place. Soon after taking command, General Canby instructed Colonel Frank no longer to oppose the enforcement of civil process issuing from the United States Circuit Court.

In a general order issued May 30th was the following section relating to the qualifications of jurors:

2. All citizens assessed for taxes, and who shall have paid taxes for the current year, are qualified to serve as jurors. It shall be the duty of the proper civil officers charged with providing lists of jurors, to proceed within their several jurisdictions, without delay, and ascertain the names of all qualified persons and place them on the jury lists, and from such revised lists all jurors shall be hereafter summoned and drawn in the manner required by law.

On the 10th of August Governor Worth wrote to the general commanding the Second District, informing him that it would be impossible to make the required revision of the jury lists before the sitting of the courts in October, as it would not be known who had paid taxes for "the current year" until the returns were made by the sheriffs at the fall term of the county courts. Accordingly, the above order was suspended with respect to the Supreme and County Courts of North Carolina for the October term of 1867.

After the accession of General Canby to the command, Governor Worth addressed a communication to him with regard to compliance with the second section of Order No. 32, given above, similar to that previously made to General Sickles, whereupon it was ordered that the jurors already drawn and summoned should be impanelled for the trial of all jury causes, subject to a right of challenge for non-registration, and that for the next term of the court "the juries shall be drawn from the lists of all citizens who have paid taxes for the current year, and in the manner prescribed by the laws of the State."

The following is an order of Chief Justice Chase with regard to the selection of juries:

It being considered by the Court that all persons born and naturalized in the United States and residing in North Carolina are citizens, entitled to equal rights under the laws, and therefore equally concerned in the important advancement of justice, it is ordered that henceforth, in selecting grand and petit jurors, the marshal of the United States for the District of North Carolina make no distinction, on account of color or race, among citizens otherwise qualified to

serve.

It was also ruled by Judge Fowle, at the summer term of the Martin Superior Court, that, since the abolition of slavery by the State, no disability rests upon colored persons to prevent them from serving as jurors when they possess the qualifications required of white citizens.

General Sickles's first order, announcing the system to be adopted in registering voters qualified under the Reconstruction Act, was issued

on the 8th of May. On the 1st of August another order was promulgated, setting forth in great detail the regulations to be observed in making the required registration. (See SOUTH CAROLINA.) This order directed the registration to commence at once. On the 3d of August, Governor Worth, of North Carolina, issued

an address to the people of the State, urging them to register their names so far as they were enabled to do so under the acts of Congress.

The registration of qualified voters was prosecuted without interruption until completed, about the middle of October, with the following result in the various counties of the State:

NUMBER OF REGISTERED VOTERS IN THE SEVERAL COUNTIES OF NORTH CAROLINA.

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On the 18th of October General Canby issued an order providing for the holding of the election in North Carolina. The prominent features of the election order are the same as in those of the other district commanders. (See SOUTH CAROLINA.)

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The election was ordered to be held on the 19th and 20th of November, when a separate vote was to be taken on the question of convention," or "no convention," and for the choice of delegates to the convention in case the election resulted in favor of holding one; 120 delegates were allotted to the several representative districts of the State.

On the question of holding a convention for the purpose of framing a new constitution, the total vote was about 130,000, of which 60,000 were those of colored persons. The affirmative vote was over 90,000. Of the delegates chosen 170 are Republicans, and 13 Conservatives or Independents: 107 are white, and 13 colored men. The convention met in 1868.

On the 22d of December, 1866, the Legislature of North Carolina passed an act "granting a general amnesty and pardon to all officers and soldiers of the State of North Carolina, or of the late Confederate States armies, or of the United States, for offences committed against the criminal laws of the State of North Carolina," when the alleged criminal acts were done in the discharge of duties imposed by laws then in being or by orders emanating from a military officer of the State, of the Confederacy, or of the United States. General Canby found it necessary, in consequence of prosecutions instituted in some of the courts of the State for acts of war committed during the hostilities between the two sections of the country, to issue an order on the 27th of November, declaring the construction and application of this law, and requiring its strict observance in all cases of persons in the civil or military service of the United States during the war. A second section of the same order is as follows:

2. Upon representation that improper and unfair advantages have been taken of the provisions of the seventh section of the act of the General Assembly of North Carolina, ratified on the 10th day of March, 1866, and entitled "An act concerning negroes and persons of color or of mixed blood" (see Public Laws of North Carolina, 1866, chap. 40, § 7, p. 101)— It is ordered:

That all parole "contracts between any persons whatever, whereof one or more of them shall be a person of color," shall be of the same validity, be established by the same evidence, be determined by the same rules, and be enforced in the same manner as in like contracts where all the parties thereto are whites. By command of

Resolved, That the unmistakable developments of a vindictive and persecuting spirit in the speeches and doings of a majority of the delegates to the late Radical Convention in this city, toward the body of the white people of this State, call for the unanimous efforts of all truly conservative men, of all classes, whether white or colored, to endeavor to check the of that spirit, and to defeat the aims of those Progress men among us who seek to destroy the peace of our people, to stir up strife between the whites and blacks, and to inaugurate a state of things in North Carolina which must effectually prevent immigration, check the investment of capital, destroy confidence in all business enterprise, and diminish largely the sources of employment to our large laboring population.

Brevet Maj.-Gen: EDWARD R. S. CANBY. LOUIS V. CAZIARC, Aide-de-Camp, Acting A. A. G. Resolved, That our movement is not partisan in its character, that it has no connection with national On the 4th of September a Republican con- politics or either of the great national parties, nor is vention met at Raleigh, attended by delegates, it designed to form a white man's party, but origiwhite and colored, from sixty-six counties. A nates in the spontaneous uprising of the conservaresolution was adopted reaffirming the "prin- tive men of the State, of all shades of political opinciples enunciated in the convention of true Re-ion, for the one object of warding off the dangers publicans," which assembled at Raleigh on the 27th of March. A resolution was also introduced touching the subject of confiscation, in the following terms:

Resolved, That confiscation of private property, for political offences, is repugnant to republican liberty, and ought not to be resorted to except as an inexora ble necessity to save the life of the nation, after all other means have been tried; and the Republican party in North Carolina does not consider that the present condition of public affairs requires or justifies the confiscation of personal property, and hopes that no such necessity will arise.

After a somewhat excited discussion, the following was adopted as a substitute:

Resolved, That the Republican party of North Carolina, on the subject of confiscation, and all other matters pertaining to reconstruction, will faithfully adhere to and abide by the reconstruction plan and measures of Congress.

Other resolutions were discussed, which declared that every male citizen of the age of twenty-one years ought to be allowed to vote in all popular elections; that the Republicans of North Carolina were "constrained to call the attention of Congress to the continuance of the disfranchisement and disabilities now imposed upon thousands of true and loyal citizens; and that a committee be appointed to urge upon Congress to remove, within safe and just limits, the disabilities complained of." These resolutions failed of adoption.

On the 27th of September there was a mass meeting of Conservatives at Raleigh. The resolutions of this body declared the unwavering devotion of the party, as there represented, to the "fundamental principles of American liberty, as embodied in the Mecklenburg Declaration of Independence, of May 20, 1775, the Declaration of American Independence, of July 4, 1776, and in the Constitution of the United States." Among the resolutions, unanimously adopted in this meeting, were the following:

Resolved, That we deem it unwise, wicked, and unjust for the State of North Carolina to pass any law, organic or statutory, disfranchising, proscribing, or confiscating the property of any of her citizens for past political offences.

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which threaten us from the success of the ultra Re

publican or Radical party in this State; and we hail, as a hopeful indication, the manly and more moderate stand taken in the aforesaid Radical Convention, by the calm and moderate Republicans of that body.

In common with other Southern States, North Carolina suffered much during the year Contributions from the from destitution. North, and the distribution of rations by the Freedmen's Bureau, did something to relieve the general distress, but accounts from many counties represented the want as extreme in

hundreds of cases.

State, made early in December, shows the total
A printed statement of the Treasurer of the
indebtedness to be $13,698,000; while the as-
sets of the public Treasury, consisting of stocks
in railroad companies, and bonds due from cor-
These
porations, amounted to $10,031,000.
figures are only approximatively correct, as
neither the indebtedness nor the assets can be
accurately ascertained at present.

The trustees of the University of North Carolina, having referred to a committee some resolutions relating to a change in the system of education, requiring the committee to report a scheme "embodying, as near as may be, what is commonly called the University or Elective in which the merits of the elective system were System," a report was submitted, in December, fully discussed. The scheme presented by the committee proposed the establishment of four departments in the university: an Academical Department divided into ten separate schools for instruction in the various branches of study falling within its province; a Department of Agriculture and the Mechanic Arts; a Law Department; and a Medical Department. Previous to the late war, this institution was in a very flourishing condition, but the failure of the Bank of North Carolina, after the repudiation of the war-debt by the convention of October, 1865, had, in the language of the trustees in a memorial to the last General Assembly, "annihilated-and more than annihilated-the entire endowment of the university," which was invested in the stock of the bank to the amount of $200,000.

OBITUARIES, AMERICAN. Jan. 1.-DORGAN, JOHN AYLMER, a young poet of much promise, died in Philadelphia, aged thirty-one years. He was a conveyancer by profession, but his acknowledged talents gave him a warm welcome into the literary circles of his own city, and his poems, by their beauty and genuine merit, had made him friends among journalists, artists, actors, and musicians. A volume of his poems, collected from the journals and magazines in which they had originally appeared, was published two or three months before his death, and attracted great attention, but at the time of their publication he was already far gone in consumption.

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Jan. 3.-MARCHBANKS, ANDREW J., a Tennessee jurist, died at McMinnville. He had been chancellor of the State and circuit judge, serving as a judicial officer twenty-five years.

Jan. 4.-FINE, Hon. Jonn, a prominent citizen of Northern New York, died at Ogdensburg, N. Y., aged eighty-two years. He graduated at Columbia College in 1809, studied law at Litchfield, Conn., and removed to St. Lawrence County in 1815, where he practised his profession with marked success. He was judge of that county from 1824 to 1839; elected to Congress in 1838; reappointed county judge in 1844, and held that position until the adoption of the new constitution. But three of his judicial decisions were ever reversed. In 1848 he was chosen State Senator, and held that position for one term, during which he introduced and aided in passing measures of great importance. Since that period he has occupied various positions of trust in St. Lawrence County; but of late years, owing to his impaired eyesight and increasing age, he did not participate actively in public affairs.

Jan. 4.-FLINT, WILSON, a State Senator of California, died in San Francisco. He was a well-known pioneer and public-spirited citizen of that State, and had been prominently connected with its wine, silk, and hop-growing interests.

Jan. 5.-TAYLOR, Mrs. NANCY, died at Eastport, L. I., aged 100 years.

Jan. 5.-WALKUS, MARY, the last survivor of the Montauk tribe of Indians, died at Shinnecock, L. I., aged 100 years.

Jan. 6.-CUMMINGS, Rev. MOSES, a Christ-ian minister, long an editor of the leading religious paper of that denomination, died in New York City, aged 51 years. He was born at Haverhill, Mass., entered the ministry at eighteen years of age, and gave his earliest labors to New York and New Jersey. In 1854 he assumed editorial charge of the central denominational organs, The Christian Messenger and The Palladium, resigning his position in the spring of 1862. He was a determined opponent of slavery, and

while deprecating the action of the Southern branch of the Church in 1853, was firmly opposed to all compromise or fellowship with slaveholders. As a friend and admirer of Horace Mann, Mr. Cummings took the greatest interest in his peculiar educational views, and during Mr. Mann's presidency of Antioch College, his measures were unwaveringly supported by the denominational organs.

Jan. 6.-KENNEDY, DIEGO LENNOX, Viceconsul of the United States to Jalapa, Mexico, died at Vera Cruz at an advanced age. He was for many years a resident of this country, and laid the foundation of his fortune on the Pacific coast. He was one of the founders of Mazatlan, but in 1838, attracted by the delightful climate and beautiful situation of Jalapa, established himself there, where he continued to reside until a few months previous to his decease.

Jan. 7.--HAYNE, Colonel ARTHUR P., a prominent citizen of Charleston, S. C., died there, aged 77 years. He was a grand-nephew of Isaac Hayne, of the Revolution, was educated a merchant, but at the commencement of the war with Great Britain obtained a commission in the light dragoons under Colonel Wade Hampton, and was conspicuous in the battle of Sackett's Harbor in 1812, where he was promoted for his gallantry. During the Creek war in 1814, he was appointed inspector-general and acted as adjutant-general under General Jackson. For his gallantry at Pensacola he was made colonel, and subsequently was honorably mentioned in the official dispatch of General Jackson to the War Department. In 1820 he resigned his commission in the army, studied law, and was admitted to the bar in Charleston, where he soon distinguished himself. Subsequently, he became a member of the State Legislature, and in 1858 was appointed to the U. S. Senate, but shortly afterward resigned his position. During the recent war he took no active part in politics, but, while lamenting the attempt to dissolve the Union, gave his sympathies to the South.

Jan. 7.-JAMES, CAROLINE, a slave until the evacuation of Richmond in April, 1865, died in that city, aged 130 years.

Jan. 7.-MILLY, a colored woman, died at the residence of Captain Harris, Nelson County, Va., at the advanced age of 135 years.

Jan. 8.-STARR, Rev. FREDERICK, Jr., a Presbyterian clergyman, died at St. Louis, Mo., aged 41 years. He was a native of Rochester, N. Y., graduated at Yale College in the class of 1846, and at the Auburn Theological Seminary in 1850, soon after which he was ordained pastor of the Presbyterian church in Weston, Mo. His location, on the western border of the State, but four miles from Fort Leavenworth, exposed him to the agitation concern

ing the repeal of the Missouri Compromise, and the Kansas border war. Finally, after varied persecutions, his declared conviction that slavery was morally wrong obliged him to leave the town, to avoid violence, in the spring of 1855. The next seven years he passed in Western New York, as agent of the Western Education Society, and of the Auburn Theological Seminary. Resigning the former of these positions in April, 1862, he took charge of the Presbyterian church in Penn Yan, N. Y., over which he was installed June 12th. From April, 1865, until his death, he was pastor of the North Presbyterian Church in St. Louis. Mr. Starr was the author of a pamphlet, published anonymously, in 1853, entitled "Letters for the People, on the Present Crisis" (52 pages, 8vo.), which contained nine letters written from St. Louis, and discussing the influence of slavery upon the opening of Nebraska Territory and the building of the Pacific Railroad. He also published a sermon on the death of President Lincoln.

Jan. 11.-COGGILL, GEORGE, formerly a leading merchant in New York City, died there, aged 87 years. He was a native of Leeds, England, and, after being actively engaged in business there for some years, came to this country in 1811, taking up his residence in Fishkill, where he remained until the close of the War of 1812. Subsequently he entered largely into the wool business, through which he became extensively known at home and abroad.

Jan. 14.--CHILTON, Hon. SAMUEL, formerly member of Congress from Virginia, died at Warrenton, Va., aged 62 years. He was an able lawyer, and his integrity and honor gave him a deserved popularity among the people. He represented the district of Fauquier 1843'45, was a member of the Constitutional Convention of Virginia, and filled many other offices of trust.

Jan. 14.-UPDIKE, Hon. WILKINS, a prominent citizen of Rhode Island, died at his residence in South Kingston, R. I., aged 82 years. He had been for nearly half a century an active public man in his State, holding various offices of trust and honor.

Jan. 15.

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HAZARD, Captain SAMUEL F., U. S. N., died at Newport, R. I. He had been forty-four years in the service, nearly half of which had been spent at sea. In 1862 he was promoted to a captaincy, and, after one year's cruise, was assigned to shore duty at the Naval Rendezvous, Boston.

Jan. 19.-ROBINSON, HORATIO N., LL. D., a mathematician and author, died at Elbridge, N. Y., aged 61. He was a native of Hartwick, N. Y., and received but ordinary educational advantages until sixteen years of age, when he made the calculations for an almanac, which attracted the attention of a wealthy gentleman of the neighborhood, who sent him to Princeton College. He did not remain, however, to graduate; but, at the age of nineteen, received

and accepted the appointment of Professor of Mathematics in the Navy, which position he filled acceptably for ten years, visiting many parts of the globe. In 1835 he removed to Canandaigua, N. Y., taking charge of the academy in that place, and subsequently of the one at Genesee. His health becoming somewhat impaired by teaching, he removed with his family in 1844 to Cincinnati, Ohio. Here he entered the field of authorship, and his first production, "The University Algebra," combined so much of originality, and new and practical methods, with such thorough knowledge and treatment of the subject, that it met with great success and popularity. This encouraged him to prepare several other works, all of which were published by Jacob Ernst, of Cincinnati. He removed to Syracuse, N. Y., in 1850, and and in 1854 to the town of Elbridge, where he resided at the time of his death. In 1858 the publication of his books was removed from Cincinnati to New York. After this transfer some of the best practical talent of the country was employed to assist Professor Robinson in completing his series, by adding a full course of elementary text-books, and thoroughly revising and rewriting the higher mathematics. The very large and increasing circulation of these books attests their merits, and the name of the author will long be familiar to the best teachers and educators of the entire country. He was an enthusiast in the pursuit of science, and what would have been considered severe labor, and even drudgery by many, was but recreation to him. During the many long years he was confined to his room, even to the week of his death, he was constantly employed in improving and developing some new thought, principle, or method of his favorite science; when unable to use the pen, and often while suffering the most acute pains, would he dictate for another to write.

Jan. 24.--MAXWELL, Professor SAMUEL, formerly of Marietta College, died at Marietta, Ohio, aged 62 years. He was a native of Berkshire County, Mass., and graduated at Amherst College in the class of 1829. Subsequently he was for twenty-one years at the head of the Preparatory Department of Marietta College. At the time of his death he was in the employ of the American Missionary Association.

Jan. 25.—PENNINGTON, Hon. ALEXANDER C. M., died in New York City, in the 56th year of his age. He was a native of Newark, N. J., studied law, and served two terms in the State Legislature. From 1853 to 1857 he was a representative in Congress from New Jersey.

Jan. 27.-BROWN, Hon. MASON, an eminent jurist and legal writer, died at Frankfort, Ky., aged 67 years. He was a native of Philadelphia, graduated at Yale College in the class of 1820, and entered the law-office of Hon. John J. Crittenden, of Frankfort, Ky., completing his studies in the Law School at Lexington. Entering upon the practice of his profession in

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