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78th North Carolina General Assembly (1868–1869)
← 1866-1867 1869–1870 →
North Carolina State Capitol
Overview
Legislative body	North Carolina General Assembly
Jurisdiction	North Carolina, United States
Meeting place	Raleigh
Term	1868–1869
Senate
Members	43 Senators
Lieutenant Governor/President of the Senate	Tod Robinson Caldwell
President pro tem	Charles S. Winstead
Clerk	T. A. Brynes
Clerk pro tem	William M. Barrow
Doorkeeper	J. T. Ball
Party control	Republican
House of Representatives
Members	120 Delegates
Speaker	Joseph W. Holden
Speaker pro tem	Jacob W. Bowman
Clerk	John H. Bonner
Party control	Republican
Sessions
1st November 16, 1868 – April 12, 1869 2nd July 1, 1868 – August 24, 1868

The North Carolina General Assembly of 1868–1869 met in Raleigh from November 16, 1868, to April 12, 1869, with a special session from July 1, 1868, to August 24, 1868. This was the first assembly to meet after the approval of the new Constitution of North Carolina in 1868. As prescribed in this constitution, the assembly consisted of the 120 members in the North Carolina House of Representatives and 43 senators in the North Carolina Senate elected by the voters on August 6, 1868. This assembly was in control of the Republican Party and was dominated by reconstruction era politics.

Changes in assembly from the North Carolina Constitution of 1868

The Constitution of North Carolina was rewritten at the North Carolina Constitutional Convention of 1868, which met in Raleigh from January 14 to March 17, 1868. The House of Commons was renamed the House of Representatives. The new constitution spelled out that the legislature would convene annually on the third Monday in November. The number of senators was set as 50. There would be one or two senators for each district composed of one or more counties. The boundaries of the districts would be re-evaluated in 1871 after the federal census. A state census was required every 10 years, beginning in 1875. This census would be used to re-evaluate the districts, so that an approximate equal number of residents would be included in each district. The House of Representatives was set at 120 members. Each county would have at least one representative and some counties would have up to four representatives, based on population. The population would not include non-taxed Indians or aliens. Elections would be held the first Thursday of August. The terms of the members of the house and senate would commence when elected and continue till the next election.

The lieutenant governor was designated as the President of the Senate, albeit without a vote unless there was a tie vote. A president pro temp would be elected by the senators to serve in the absence of the lieutenant governor.

The 1868 Constitution included provisions to establish public education for the first time, prohibit slavery, and adopt universal suffrage. It also provided for public welfare institutions for the first time: orphanages, public charities and a penitentiary.

In January 1868, at the same time as the Constitutional Convention, a Black Caucus came together in Raleigh. Many of these members would be elected to the 1860 General Assembly.

In April 1868, voters of North Carolina ratified the new constitution.

Legislation

This assembly met in regular session from November 16, 1868, to April 12, 1869. They met in an extra session from July 1, 1868, to August 24, 1868. The assembly ratified the Fourteenth Amendment to the United States Constitution, as required by the United States Congress, on July 4, 1868. Ratification of the Fourteenth amendment readmitted North Carolina to the United States. This assembly also ratified the Fifteenth Amendment. In anticipation of readmission to the U.S. Congress, on June 25, 1868, the assembly elected John Pool of Elizabeth City and Joseph Carter Abbott of Wilmington to the United States Senate. The state's first public school systems, one for blacks and one for whites, was created by this assembly. Funding for the first state penitentiary, Central Prison was authorized by this legislature.

Every Southern state subsidized railroads, which modernizers believed could haul the South out of isolation and poverty. Millions of dollars in bonds and subsidies were fraudulently pocketed. One ring in North Carolina spent $200,000 in bribing the legislature and obtained millions in state money for its railroads. Instead of building new track, however, it used the funds to speculate in bonds, reward friends with extravagant fees, and enjoy lavish trips to Europe.

For additional details on legislation, see Legislative Documents.

Assembly membership

This was the first assembly that Blacks were represented in the assembly, including three Black senators and 18 representatives in the House of Representatives.

House of Representatives members

The House of Representative delegates elected a speaker (Joseph W. Holden, William A. Moore), clerk, assistant clerk (John H. Boner), doorkeeper, and assistant doorkeeper. Alleghany, Clay, Mitchell, Polk, Transylvania, and Wilson counties sent delegates to the assembly for the first time. The following delegates to the House of Representatives were elected by the voters of North Carolina to represent each county and district:

Senate members

The lieutenant governor, Tod Robinson Caldwell, served as president of the Senate when it was in session. The senators elected a president pro tem (Charles S. Winstead), clerk (T. A. Brynes), assistant clerk (William M. Barrow), doorkeeper (J. T. Ball), and assistant doorkeeper (Francis W. Gibble). The following senators were elected by the voters of North Carolina to represent the numbered districts:

See also

• List of North Carolina state legislatures

Notes

1. ^ One of eighteen Black representatives and three senators elected to the General Assembly after the Civil War.
2. James C. Harper's election was declared illegal and voided.
3. W. H.Malone was elected to replace James C. Harper after his election was declared voided.
4. William Long's election was declared illegal and voided. He was replaced by Wilson Cary.
5. Wilson Cary was elected to replace William Long.
6. Neill S. Stewart's election was declared illegal and voided.
7. B. C. Williams was elected to replace Neill S. Stewart.
8. Walter Brown's election was declared illegal and voided.
9. Joseph Keener's election was declared illegal and voided.
10. E. M. Painter was elected to replace Joseph Keener.
11. Joseph C. Abbott resigned his position after being elected to the U.S. Senate.
12. At some point in his tenure, Llewellen G. Estes resigned his position.
13. R. C. Parker died while in office.
14. J. J. Allison resigned his position.
15. Thomas M. Argo was elected to replace J. J. Allison, who resigned his position.

References

1. Norris, David A. (2006). "North Carolina Capitals, Colonial and State". NCPedia.org. Retrieved September 4, 2019.
2. ^ Connor, Robert Diggs Wimberly, ed. (1913). A Manual of North Carolina (PDF). Raleigh, North Carolina: E. M. Uzzell & Company. p. 475. Retrieved April 27, 2019.
3. ^ Wheeler, John Hill, ed. (1874). The Legislative Manual and Political Register of the State of North Carolina for the Year 1874. Raleigh, North Carolina: Josiah Turner, Jr.; State Printer and Binder. Retrieved April 9, 2019.
4. ^ Cheney, John L. Jr. (1974). North Carolina Government, 1585–1974. pp. 447–448.
5. ^ "Constitutional Development of North Carolina, 1868 Constitutional Convention and Constitution" (PDF). ncleg.net. Retrieved November 23, 2019.
6. ^ Orth, John V. (2006). "North Carolina Constitution History".
7. W.E.B. Du Bois, Black Reconstruction in America, 1860-1180.New York: Harcourt Brace, 1935; reprint, New York: The Free Press, 1998, pp.529-531
8. Ijames, Earl (2008). "Constitutional Convention, 1868; Black Caucus". NCPEDIA. Retrieved November 23, 2019.
9. ^ Release, Allen W. (2006). "Reconstruction". NCPEDIA. Retrieved November 26, 2019.
10. Foner, Eric (1988). Reconstruction: America's Unfinished Revolution, 1863–1877. ISBN 0-06-015851-4. Pulitzer-prize winning history and most detailed synthesis of original and previous scholarship.
11. Lewis, J.D. "North Carolina State House of Representatives 1868--1869". The American Revolution in North Carolina. Retrieved April 17, 2019.
12. Lewis, J.D. "North Carolina State Senate 1868-1869". The American Revolution in North Carolina. Retrieved April 17, 2019.

v t e North Carolina General Assemblies by year convened and order
List of North Carolina state legislatures Senate President pro tempore of the Senate House of Commons House of Representatives Speakers of the House of Representatives (see Note)	1 (1777) 2 (1778) 3 (1779) 4 (1780) 5 (1781) 6 (1782) 7 (1783) 8 (Apr 1784) 9 (Oct 1784) 10 (1785) 11 (1786) 12 (1787) 13 (1788) 14 (1789) 15 (1790) 16 (1791) 17 (1792) 18 (1793) 19 (1794) 20 (1795) 21 (1796) 22 (1797) 23 (1798) 24 (1799) 25 (1800) 26 (1801) 27 (1802) 28 (1803) 29 (1804) 30 (1805) 31 (1806) 32 (1807) 33 (1808) 34 (1809) 35 (1810) 36 (1811) 37 (1812) 38 (1813) 39 (1814) 40 (1815) 41 (1816) 42 (1817) 43 (1818) 44 (1819) 45 (1820) 46 (1821) 47 (1822) 48 (1823) 49 (1824) 50 (1825) 51 (1826) 52 (1827) 53 (1828) 54 (1829) 55 (1830) 56 (1831) 57 (1832) 58 (1833) 59 (1834) 60 (1835) 61 (1836) 62 (1840) 63 (1842) 64 (1844) 65 (1846) 66 (1846) 67 (1848) 68 (1850) 69 (1852) 70 (1854) 71 (1856) 72 (1858) 73 (1860) 74 (1862) 75 (1864) 76 (1865) 77 (1866) 78 (1868) 79 (1869) 80 (1870) 81 (1872) 82 (1874) 83 (1876) 84 (1879) 85 (1881) 86 (1883) 87 (1885) 88 (1887) 89 (1889) 90 (1891) 91 (1893) 92 (1895) 93 (1897) 94 (1899) 95 (1901) 96 (1903) 97 (1905) 98 (1907) 99 (1909) 100 (1911) 101 (1913) 102 (1915) 103 (1917) 104 (1919) 105 (1921) 106 (1923) 107 (1925) 108 (1927) 109 (1929) 110 (1931) 111 (1933) 112 (1935) 113 (1937) 114 (1939) 115 (1941) 116 (1943) 117 (1945) 118 (1947) 119 (1949) 120 (1951) 121 (1953) 122 (1955) 123 (1957) 124 (1959) 125 (1961) 126 (1963) 127 (1965) 128 (1967) 129 (1969) 130 (1971) 131 (1973) 132 (1975) 133 (1977) 134 (1979) 135 (1981) 136 (1983) 137 (1985) 138 (1987) 139 (1989) 140 (1991) 141 (1993) 142 (1995) 143 (1997) 144 (1999) 145 (2001) 146 (2003) 147 (2005) 148 (2007) 149 (2009) 150 (2011) 151 (2013) 152 (2015) 153 (2017) 154 (2019) 155 (2021) 156 (2023)
Other	Executive Branch: Governor of North Carolina (List), Lieutenant Governor (since 1868), Cabinets, Council of State, Attorney General
Conventions	Hillsborough Convention of 1788, Fayetteville Convention of 1789
Provincial Congresses and Constitution	North Carolina Provincial Congress (1774–1776: 1st, 2nd, 3rd, 4th, 5th), Constitution of North Carolina (1776, 1835 Convention, 1861 Convention, 1868 redraft, 1875 Convention, Constitution of 1971)
Notes: Prior to the Constitution of 1868: the lower house of the North Carolina Legislature was known as the House of Commons and the leader of the Senate was called the Speaker of the Senate.

• North Carolina General Assembly by session
• 1868 in North Carolina
• Members of the North Carolina House of Representatives
• North Carolina state senators
• 1868 U.S. legislative sessions