them by the Executive for suspending him from the duties of his high office-an act which has shocked the sense of justice of the people, and justly excited in all loyal men alarm for the public safety. And we do most emphatically condemn, as an insult to the nation, the removal of General Philip H. Sheridan, and General Daniel E. Sickles, for the faithful discharge of duties imposed upon them by the laws of the land.

Resolved, That we renew our thanks to all those who, in the conflict now so gloriously ended, stood in arms for the Union, the Constitution, and the laws, and that our thanks are specially due to those tried and true soldiers who have stood up against the arbitrary policy of a single individual, and have nobly supported and carried forward the clearly indicated policy of the people of these United States.

Resolved, That our naturalized fellow-citizens are entitled to the same protection in foreign lands as our citizens of native birth, and that it is the duty of our Government to secure their protection in all cases, and at all hazards.

The Democratic Convention met at Albany on the 3d of October, and elected Hon. Horatio Seymour president, who addressed the assembly, on taking the chair, in a speech deprecating the exclusion from the practical benefits of the Union of the Southern States. The platform adopted by the convention was set forth in these declarations:

First. That we pledge ourselves to redeem New York from corruption and misrule as the first great step to the restoration of the Union and constitutional

government.

Second. That regarding the national debt as a sacred obligation, we demand economy of administration, honesty in the collection and application of revenues, simplification of and equality in taxation, and a currency for the benefit of the people instead of corpora tions, to the end that the public faith may be preserved and the burdens of taxation lessened.

Third. That we denounce the effort of the Radical party to retain the power it has usurped by establishing negro supremacy in the South by military force, coupled with the disfranchisement of the mass of the white population, as an outrage upon democratic principles, and an attempt to undermine and destroy the Republic; and that we stigmatize the refusal of that party in this State to submit the question of negro suffrage to the people as a cowardly evasion of a paramount issue in the pending struggle.

Fourth. That the revelations of corruption in the management of the canals, the confessed degradation of the Legislature, the resort to extraordinary commissions to control municipalities, the demoralization of the revenue service, and the fact that a party holding power over Congress, the Judiciary, the Executive, and the Army, has failed to bring peace and solidity and credit to the country, demonstrate its utter incapacity to administer government, and the necessity of wresting power from such hands.

Fifth. That while we approve of an excise law which shall be applicable to the whole State and secure public order, we are, as we have ever been, hostile to legislation which, under the pretext of moral reform, invades private rights, subjects citizens to vexatious searches and seizures, and interferes with social and religious customs, and that the excise law passed in April, 1866 (passed by the Republican Legislature), should be repealed.

Sixth, That we reaffirm the doctrine of William L. Marcy, in the Kostza case, that adopted and native citizens are alike entitled to the protection of the American flag, and we call upon the Federal Government to enforce it.

Seventh. The profound gratitude of the nation is due to the gallant soldiers and sailors who won imperishable honor in the ranks of the Army and Navy

VOL. VII.-35

of the Republic. Impelled by a deep and patriotic desire to maintain the Union and the laws, they cannot be seduced into sustaining any policy that proposes to subvert, by military despotism, the civil and constitutional liberties for the security and perpetuation of which they imperilled their lives.

The convention nominated for Secretary of State, Homer A. Nelson; for Comptroller, Wm. F. Allen, of Oswego; for Treasurer, Wheeler H. Bristol, of Tioga; for Attorney-General, Marshal B. Champlain, of Allegany; for Canal Commissioner, John D. Fay, of Monroe; for State Engineer, Van Rensselaer Richmond, of Wayne; for State Prison Inspector, Solomon Schen, of Erie; for Judge of Court of Appeals, Martin Grover.

The election took place on the first Tuesday in November, and resulted in the choice of the entire Democratic ticket. The whole vote for Secretary of State was 698,128, of which Nelson received 373,029 and McKean 325,099, thus giving a majority of 47,930 to the Democratic candidate.

Several cases were decided in the Court of Appeals in the early part of the year, involving the constitutionality of the Excise Law. The law was sustained in the court, and has been very efficiently executed throughout the year.

Work has been begun at Albany on a magnificent new building, for the purposes of a State capitol. It is estimated that this structure will cost nearly five millions of dollars, and require six years for its completion.

The Legislature of 1868 assembled on the 7th of January. Among the important measures which have come before that body, is one for regulating the sale of intoxicating drinks, and one providing for the punishment of official corruption. The following financial resolution has been introduced in the House of Representatives by a Republican member:

Resolved (if the Senate concur), That all the bonds of the United States hereafter issued should be subject to taxation for State and municipal purposes; that all bonds of the United States not expressly payable in gold, heretofore issued, should be paid in legal-tender notes of the United States as soon as the Government has the right to pay such bonds, unless the holders thereof will exchange them at par for new six per cent. bonds payable in gold twenty or thirty years from date, subject to taxation for State and municipal purposes; that buyers shall declare all bonds of the United States, heretofore issued, subject to taxation for State and municipal purposes, as soon as the Government has the right to buy them, if the holders thereof shall choose to retain them, instead of exchanging them for new six per cent. bonds of the United States, payable in gold twenty or thirty years from date, subject to taxation for State and municipal purposes; the object being to make all bonds of the United States subject to State and municipal taxation as soon as it can be done consistently with the Constitution of the United States, to the same extent that bonds of the several States and of counties, towns, cities, and villages are now subject to taxation under the laws of the different States. And our Senators and Representatives in Congress are requested to favor the passage of laws for carrying the foregoing views into effect.

The members of this Legislature stand divided between the political parties in the propor

tions of 15 Democrats in the Senate to 16 Republicans and 1 Independent; and in the House, 73 Democrats and 55 Republicans.

NONPAREIL, THE AMERICAN LIFE-RAFT. A daring adventure was performed by the crew of an American life-raft in 1867. These gallant fellows, three in number, brought over a raft from New York to Southampton in forty-three days. No better evidence could be afforded of the utility of this invention for purposes of saving life at sea. The raft is only 24 feet long and 123 feet broad, has two masts, and con

Sect.

sists of three cylinders, pointed at each end, united together by canvas connections, having no real deck, and is strengthened by boards, slipped under strong iron neck-pieces, the whole kept together by lashing. A waterproof cloth, hung over a boom, closed at each end, affords sleeping accommodation, two at a time, and the third keeping watch. This is fixed on a strong locker, in which the provisions are kept. The raft lay-to seven times from stress of weather, and the last vessel spoken was the John Chapman, from which they were given a fowl, which was still alive and well on the arrival. They arrived with thirty gallons of water to spare. They had no chronometer on board, and sailed by deadreckoning, and corrected their position by vessels they spoke. There is a smaller raft on deck for use as a boat. The raft was perfectly water-tight all the way, not a leak of any sort having occurred. She is fitted with an apparatus for filling the tubes with air. The adventure has been conducted by John Mikes, captain, and a crew of two, named George Miller and Jerry Mallene.

NORTH CAROLINA. The Legislature of North Carolina, which assembled in November, 1866, continued in session until March following. Two hundred and twenty-nine acts and forty-eight resolutions passed both branches during this time, mostly of a local character,

and, in view of the subsequent military jurisdiction of the United States in that quarter, of temporary interest. While the reconstruction plan of Congress was yet under discussion, a resolution was introduced into the Lower House of the North Carolina Assembly, and referred to the Committee on Federal Relations, after a spirited debate, declaring the willingness of the State to accept in good faith the proposed congressional plan. This resolution did not, however, obtain favor with a majority of the members. A series of resolutions was adopted, inviting all the States to meet in a national convention for the purpose of "proposing, in exact conformity with the Constitution of the United States, such amendments to the Constitution that the result will be such mutual concession as will lead to a restoration of our former happy relations." Previous to this, a plan had been on foot for the restoration of the Southern States by certain amendments to the national and State Constitutions, and had been submitted to the North Carolina Legislature for adoption. (For the substance of the proposed amendments, see ALABAMA, p. 16, of this vol ume.) All interest in these schemes was superseded, however, by the adoption of the Military Reconstruction Acts in March, according to which North and South Carolina were to form the Second Military District, under command of Major-General Daniel E. Sickles, with his headquarters at Columbia, S. C. (For General Sickles's order assuming command of the Second District, as well as for other orders having no special application in North Carolina, and under which no special action was taken in that State, see SOUTH CAROLINA.)

A Republican convention met at Raleigh on the 27th of March, composed of ninety-seven white and forty-nine colored delegates. The platform adopted denounces secession and recognizes the supremacy of the central Government and its paramount claim to the allegiance of the citizens of every State; it indorses the "great measures of civil rights and enfranchisement, without any property qualification, conferred without distinction of color;" demands the right of free discussion upon all topics of public interest; declares that the most efficient means of restoring prosperity in the South is by spreading education among the people; deprecates repudiation of the public faith, and indorses the "recent action of Congress as a solution of our present political difficulties." Republican meetings in several of the counties, made up of whites and blacks, also expressed their readiness to cooperate with the General Government in its plan of restoration for the Southern States.

Since the commencement of the civil war no United States court had been held in the late insurgent States, at which a justice of the Supreme Court had been present, until the opening of the Circuit Court at Raleigh on the first Monday of June, 1867. From 1861 to 1865 the United States courts had been excluded

from that section by the war; and after the return of peace, the paramount authority of the military, and subsequent changes in the Southern circuits and districts, prevented their complete reorganization until the act of Congress of the 2d of March last made an allotment of the justices upon the new plan. On reopening the Circuit Court in North Carolina, Chief Justice Chase said that, although the military authority was still exercised in the Southern circuits, it was not, as formerly, in its power to control all judicial process whether of State or national courts, but "only to prevent illegal violence to persons and property, and facilitate the restoration of every State to equal rights and benefits in the Union." "This military authority," he said, "does not extend in any respect to the courts of the United States."

An important decision was pronounced by the Chief Justice, early in the term, on a case arising under an act of Congress of the Southern Confederacy, entitled "An act for the sequestration of the estates of alien enemies," and an act amendatory thereto. Under the operation of these acts of the Confederate Congress, a debtor in the State of North Carolina had been compelled to pay a debt due to parties resident in Pennsylvania to a receiver appointed by the Confederate government to collect such debts; and was now sued by the original creditor for payment of the obligation. It was urged as a defence, that the Confederacy, while it existed, was a de facto government, that the citizens of the States which did not recognize its authority were aliens, and therefore its acts of sequestration were valid as to its own subjects. Hence, it was argued that payment to the government of debts due to such aliens, when compelled by proceedings under those acts, relieved the debtor from all obligation. The Chief Justice declared that the ordinances of secession and all the acts which followed them "did not effect, even for a moment, the separation of North Carolina from the Union, any more than the acts of an individual who commits grave offences against the State, by resisting its officers and defying its authority, separate him from the State." After arguing this point at length, he said: "Those who engage in rebellion must consider the consequences. If they succeed, rebellion becomes revolution; and the new government will justify its founders. If they fail, all their acts hostile to the rightful Government are violations of law, and originate no rights which can be recognized by the courts of the nation, whose authority and existence have been alike assailed. We hold, therefore, that compulsory payment, under the sequestration acts, to the rebel receiver, of the debt due to the plaintiffs from the defendant, was no discharge."

On the 11th of April General Sickles issued his military order, No. 10, for the relief of debtors. His reasons for instituting the measures set forth in the order are indicated in the opening paragraph, which is in the following words:

The general destitution prevailing among the population of this military district cannot be relieved without affording means for the development of their industrial resources. The nature and extent of the destitution demand extraordinary measures. The people are borne down by a heavy burden of debt; the crops of grain and garden produce failed last year; many families have been deprived of shelter; many more need food and clothing; needful implements and auxiliaries of husbandry are very scarce; the laboring population in numerous localities are threatened with starvation, unless supplied with food ity of a large portion of the people to pay taxes by the Government of the United States; the inabilleaves the local authorities without adequate means of relief; and the gravity of the situation is increased by the general disposition shown by creditors to enforce, upon an impoverished people, the immediate collection of all claims.

It is stated that the amount of indebtedness of private individuals in the States of North and South Carolina was utterly beyond their power to pay, and that it was in many cases vehemently pressed to immediate settlement. In many districts it was said that the number of suits was larger than that of the voting population, a great proportion of which consisted of summary processes, indicating that the majority of the debtors were unable to pay debts under one hundred dollars, and thus compelling the sale of personal effects as well as of real property. The first three sections of General Sickles's order were as follows:

1. Imprisonment for debt is prohibited; unless the defendant in execution shall be convicted of a fraudulent concealment or disposition of his property, with intent to hinder, delay, and prevent the creditor in the recovery of his debt or demand. And the proceedings now established in North and South Carolina, respectively, for the trial and determination of such questions, may be adopted.

2. Judgments or decrees, for the payment of money, cember, 1860, and the 15th of May, 1865, shall not on causes of action arising between the 19th of Debe enforced by execution against the property or the person of the defendant. Proceedings in such causes of action, now pending, shall be stayed; and no suit or process shall be hereafter instituted or commenced, for any such causes of action.

3. Sheriff's, coroners, and constables, are hereby directed to suspend for twelve calendar months the sale of all property upon execution or process, on liabilities contracted prior to the 19th of December, 1860, unless upon the written consent of the defendants, except in cases where the plaintiff, or in his absence his agent or attorney, shall upon oath, with corroborative testimony, allege and prove that the defendant is removing, or intends fraudulently to remove, his property beyond the territorial jurisdiction of the court. The sale of real or personal property by foreclosure of mortgage is likewise suspended for twelve calendar montlis, except in cases where the payment of interest money, accruing since the 15th day of May, 1865, shall not have been made before the day of sale.

In certain civil suits tried before the United States Circuit Court at Raleigh, over which Chief Justice Chase presided, judgment was passed against defendants residing at Wilmington, and writs of execution were issued and placed in the hands of the marshal, to be served upon the property of the said defendants. A deputy-marshal, who was charged with the duty of serving the writs, was expressly forbidden

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

Johnston. 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.)

con

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 66 vention," 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 sec

tion of the same order is as follows: