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State of North Carolina
Executive Department
Raleigh July 1st, 1868
Gov. W. W. Holden
Raleigh, N.C.
Sir,
Yesterday morning I was verbally notified by Chief Justice Pearson that in
obedience to a telegram from Genl Canby, he would today at 10 A.M. administer to you
the oaths required preliminary to your entering upon the discharge of the duties of
Civil Governor of the State; and that there upon you would demand possession of my Office.
I intimated to the Judge my opinion that such proceeding was premature even under
the Reconstruction legislation of Congress and that I should probably decline to
surrender the Office to you.
At sundown yesterday evening I received from Col. Williams, Commandant of this
Military Post an extract from the General Orders No. 120. - of Genl Canby as follows
Head Quarters 2nd Military Dist.
Charleston, S. C. 3Oit 68
General Orders]
No. 120 (Extract)
To facilitate the organization of the new State Government, the following appointments
are made. To be Governor of North Carolina, W. W. Holden, Governor elect, vice Jonathan
Worth, removed To be Lieut Governor elect of North Carolina, Tod R. Caldwell, Lieut Governor
elect to fill our original vacancy. To take effect July 1st 1868. on the
meeting of the General Assembly of North Carolina.
I do not recognize the validity of the late election, under which you and those
cooperating with you claim to be invested with the Civil Government of the State.
You have no evidence of your election, save the certificate of a Major General of the
United States Army. I regard all of you as, in effect, appointees of the Military power
of the United States, and not as “deriving your powers from the consent of those
you claim to govern. Knowing, however, that you are backed by Military force here,
which I could not resist if I would, I do not deem it necessary to offer a futile
opposition but vacate the office without the ceremony of actual eviction, offering
no further opposition than this, my protest. I would submit to actual expulsion in
order to bring before the Supreme Court of the United States the question as to the
Constitutionality of the legislation under which you claim to be the rightful Governor
of the State, if the past action of that tribunal furnished any hope of a speedy trial.
I surrender the office to you under what I deem Military duress, without stopping as
the occasion would well justify. To comment upon the singular coincidence that the
present State Government is surrendered, as without legality, to him whose own
official sanction, but three years ago, declared it valid.
I am, very Respectfully,
Jonathan Worth,
Governor of N.C.
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