xt7vt43j168g https://nyx.uky.edu/dips/xt7vt43j168g/data/mets.xml North Carolina Historical Records Survey of North Carolina 1940 Prepared by The Survey of Federal Archives, Division of Professional and Service Projects, Works Progress Administration; The National Archives, Cooperating Sponsor; Other contributors include: Survey of Federal Archives (U.S.), United States Works Progress Administration, National Archives (U.S.); ix, 102 pages, 28 cm; Mimeographed; UK holds archival copy for ASERL Collaborative Federal Depository Program libraries; Call number FW 4.14:F 317/ser.2/32 books English Raleigh: The Survey Contact the Special Collections Research Center for information regarding rights and use of this collection. North Carolina Works Progress Administration Publications Inventory of Federal Archives in the States: Series II The Federal Courts, Number 32 North Carolina text Inventory of Federal Archives in the States: Series II The Federal Courts, Number 32 North Carolina 1940 2015 true xt7vt43j168g section xt7vt43j168g ;V‘
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 I l?·NEl~J'FORY OF FEDERAL ARCHIVTZS TN THE STATES U
Prepared by
The Survey of Federal Archives
T, Division of Professional and Service Projects
  Works Progress Administration
  The National Archives
 ‘ Cooperating Sponsor
SERFE II. TFT   COITTS
NO. 52.. NORTH CAROLINA
Raleigh, North Carolina _ _
A The Survey of _Fed eral Archives
1940

 I ~vl;
11 - - T
The Survey of Federal Archives  
. i _ I 1.
\
' Philip M. Hamer, National Director  
Y Emily Bridgers, Supervisor *1
Division of Professional and Service Projects
Florence S. Herr, Assistant Commissioner
May E. Campbell, State Director
WORK PROJ ECTS ADMINISTQATION
F. C. Harrington, Commissioner
Charles C. McGinnis, State Administrator {
i
 

 _ Q , iii
é
ii Ed¥l*%.*~§.’*i
Q? The Inventory of Federal Archives in the States is one of the products
), of the work of the·SurveyTof_Federal Archives, hhich operated as a nation-
ii wide project of the Works Progress Administration from January 1, 1956 to
° June 50, 1957, and has been continued since that date as a unit of the
. Historical Records Survey, also operating as a nation-wide project of the
` Works Progress Administration, and a group of state or local projects of
that Administration and of the Work Projects Administration, "
The plan for the organization of the Inventory is as follows: Series I
consists of reports on the administration of the Survey, acknowledgments,
and general discussions of the location, condition, and content of federal
archives in the states. Succeeding series contain the detailed information
secured by workers of the Survey, in inventory form, a separate series
number being assigned to each of the executive departments (except the
Department of State) and other major units of the Federal Government.
Nithin each series No. l is a general introduction to the field organiza-
tion and records of the governmental agency concerned; the succeeding i
numbers contain the inventory proper, separate numbers being assigned to
each state in alphabetical order. Thus, in each series, the inventory for
Alabama is No. 2, that for Arizona No. 5, that for Arkansas No. 4, etc.
For each local office information regarding each series, or unit of
related records, is presented in the following order; title, inclusive
V dates ("to date" indicating an open file at the time the information was
secured), general description of informational content, description of the
system of filing or indexing (if any), a statement of frequency and ‘
purpose of use, form of the record itself (bound volumes, sheets in folders,
etc.), linear footage, description of the containers, physical condition
· of the records (not stated if satisfactory), location by room number or
other identifying information, and finally, the number of the Fonh 58SA
on which this information was originally recorded by a Survey worker and
from which it was abstracted for the Inventory. This form is on file in
The National Archives. When it contains substantial infomuation on addenda
sheets which has not been included in the mimeographed abstract, indication
of this is given by use of the reference "See addenda."
p - In North Carolina the work of the Survey was under the direction of
Dr. C. C. Crittenden, Regional Director, with Miss Mattie Erma Edwards as
assistant, from its inception until June 1937. Since that time it has
been under the supervision of Miss Emily Bridgers. This Inventory of the
records of the Federal Courts in North Carolina was prepared in the Raleigh
office of the Survey and was edited before final typing by Dr. Richard R.
- Stenberg of the Washington office.
E Emily Sridgers, Supervisor
) Raleigh, North Carolina Survey of Federal Archives
i March 8, 1940 in North Carolina _
 
I
r

 iv
r CONTENTS
Page
INTRODUCTION .................... Q Q ..... Q Q l
UNITED STATES DISTRICT COURTS
Eastern District
Raleigh Q ·
Clerk Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q ll
Old Circuit Court Records
General Q Q Q Q Q Q Q Q Q .... Q Q Q Q Q Q Q Q Q Q Q 12
Civil Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q 15
Equity Q Q Q Q .................... 14
Bankruptcy Q Q Q Q Q Q Q Q Q Q ........ Q Q Q Q 14
Criminal Q Q Q Q Q Q Q Q Q Q Q .... Q Q Q Q Q Q Q Q 14
United States Commissioner Q Q Q Q Q Q Q Q ...... 15
Fiscal Accounts Q . Q Q ......... Q ...... 15
Corresoondence Q Q Q Q Q ..... Q Q Q Q Q Q Q Q Q Q 16
District Court Records
General Q Q Q Q Q Q Q Q Q Q ..... . Q Q Q Q Q Q Q Q 16
Civil Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q .... 17
Equity Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q 17
Bankruptcy Q Q Q ................... 18
Special Civil Matters ..... Q ........... 19
United States Commissioner. .............. 19
Probation ......... Q Q Q Q ..... Q Q Q Q Q 19
Naturalization .................... 2O
Fiscal Accounts .... Q ............... 20
Miscellaneous Q Q Q Q Q Q Q Q Q Q Q ..... Q Q Q Q Q 20
Correspondence Q Q .................. 22
Records in Custody of the North Carolina Historical
Commission .............. Q ....... 22
Old Circuit Court Records ............. 22
District Court Records
General Q Q Q Q Q Q Q Q Q Q Q Q ..... Q Q Q Q 25
Ecuity ........ Q Q Q ...... Q Q Q Q 23
Bankruptcy Q Q ................. 2}
cmminei .................... 23
United States Commissioner Q Q Q .... Q Q Q Q 23
United States Attorney Q . Q Q Q Q Q Q Q Q Q Q Q 24
Fiscal Accounts Q Q Q ............ Q Q 24
Miscellaneous Q Q Q Q..... Q Q Q Q Q Q Q Q Q 28
Corresnondence Q Q Q Q . Q Q Q Q Q Q Q Q Q Q Q Q 51
Probation and Parole Officers ....Q.Q...QQ.QQ. Z1

 Contents v
Page
A Beaufort `
United States Commissioner ...... . .......... 32 —
Elizabeth City
Deputy Clerk ........ . . .............. 32
Old Circuit Court Records . . . . . . . . . . . . . . . . 33
District Court Records
General . . . . . ..... . . . . . . . . . . . . . 34
Equity ....... Q ....... . . . . . . . . . 55
Bankruptcy . . A Q ..... . . . .......... 36
Admiralty . . . . . . .... . . . . . . . . . . . . 37
Criminal . . . . ........ . .......... 37
United States Commissioner , ............. 38
Probation . . . Q ....... . .......... 38
Naturalization . . .......... . ....... 38
Fiscal Accounts . . . . ............... 38
Miscellaneous . . . . . . . . . . . . . . . . . . . . 39
Correspondence . . . . . . . . . . . . . . . . .... 39
United States Commissioner . . . . ............. 39
Fayetteville A
Deputy Clerk . . . . . . . ........ , . . . ..... 4O
General . . . . . . . . . . . . . . . . . . . . . . . . . 40
Equity .......... . .............. 4l
Bankruptcy ...... . .... . ....... . . . . 4l
Criminal ....... . ................ 4l
United States Commissioner . A . . . . . . . ...... 42
Naturalization .... . . . Q Q . . . . . . . . . . . . 42
Attorneys .................. . . . . . . 42
Fiscal Accounts ............ . ........ 42
Correspondence ..................... 42
United States Commissioner ............ . .... 45
Goldsboro
United States Commissioner ..... . ........... 45
Kinston
United States Commissioner . . . . ............. 43
New Bern `
Deputy Clerk . . . . . . . .... . . . . . . . . . . . . 44
Old Circuit Court Records . . . . . ........... 44
District Court Records
General . . . . . . . . . . . . . ...... . . . . 45
Equity . . . . . . . . . ..... . . .... . . . 46
Bankruptcy . . . . . . . . . . . . . . . . . . . . . . 46
Admiralty . . . .... . . . . . . . . . . . . . . . 47
Criminal , ......... . . .......... 47
United States Commissioner ...... . . . . .... 43
Naturalization ................... . 49
Attorneys . . . . . . . . . . . . . . . . . . . . . . 49
Fiscal Accounts . . . . .............. . 49
Miscellaneous ...... . ........... . . 50 _
Correspondence ........... . ........ 5l
‘ United States Commissioner . .... . . . . . . . . . . . . 51

 Contents vi
Page
Plymouth
United States Com issioner Q Q Q Q Q Q ..... Q Q Q Q Q Q 5l .
Washington ‘
Deputy Clerk Q Q Q .... Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q 52
General . Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q 52
Equity Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q 55
Bankruptcy Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q .... Q Q Q 55
Admiralty ..... Q Q ............. Q Q Q Q 54
Criminal Q Q Q Q Q Q Q Q ........... Q Q Q Q Q 54
" United States Commissioner ....... Q Q Q Q Q Q Q Q 54
Naturalization Q Q ....... Q Q Q Q Q .... Q Q Q 55
Fiscal Accounts A ..... Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q 56
Miscellaneous Q . Q Q Q Q Q ..... Q Q Q .... Q Q Q 56
Corresnondence Q Q Q Q Q Q ..... Q ....... Q Q 56
United States Com issioners .... Q .......... Q 56
Whiteville`
United States Commissioner .... Q Q Q Q .... Q .... 57
Wilmington Q ` “ Q
DBPUYY Clerk Q Q Q Q Q Q Q ..... Q Q Q Q Q Q Q Q Q Q Q 57
Old Circuit‘CO¤!¢ R€§¤TdS . Q Q Q QAQ Q Q Q Q Q Q Q... 58
District Court Records * ‘- _
General Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q 59
  • t I I • • • A • I O • O I O t O O O I • • • 1  
Equity .Q....Q Q Q Q .....Q.Q.QQ.Q Q 61
Bankruptcy Q Q Q ..Q.Q Q Q Q Q Q Q Q Q Q QQQQQ 6l
Admiralty QQQQ Q QQQQ Q Q Q Q Q Q Q QQQQ Q Q 62
Criminal Q Q Q Q Q Q Q Q QQQQQ. Q Q Q Q Q Q Q Q Q 62
United States Commissioner Q Q Q Q QQQQQ. Q Q Q Q 63
Naturalization Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q 63
Attorneys Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q 64
Fiscal Accounts Q Q Q Q Q QQQQQQQQQQQQQQ 64
Miscellaneous Q Q Q Q Q QQQQ Q QQQQQQQQQQ 65
Correspondence Q Q Q Q Q Q Q Q Q Q QQQQQ Q QQQQ 66
Wilson
Deputy Clerk Q Q Q Q Q Q Q Q Q Q QQQQQ Q QQQQQQQQ 66
Middle District
Greensboro
Clerk Q .* ..Q............Q......... 67
Combined Divisions ”
General Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q 68
Equity ...... ; . Q ; ..Q.....Q..... 69
Bankruptcy Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q 69
Special Civil Matters Q Q Q Q QQQQQQ Q Q Q Q Q Q 70
  • • • • • 1 • • • • • • • • • • • • • • • • •  
United States Commissioner QQQQQ Q QQQQQ Q Q Q 72 A
Naturalization Q Q Q Q Q Q Q Q Q Q Q . Q Q Q Q Q Q Q Q 72
Attorneys Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q 75
Fiscal Accounts Q Q Q QQQQQQQQQQQQQQ Q Q 75
Miscellaneous Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q 75
Corresnondence Q QQQQQQQQQQ Q Q Q Q QQQQ Q 74

 Contents vii
Page
Clerk, Greensboro (cont.)
Durham Division
General Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q 74
Equity Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q 74
Special Civil Matters` ..... Q Q Q Q Q Q Q Q Q Q Q 75
Criminal Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q 75
United States Commissioner Q Q Q Q Q Q Q Q Q Q Q Q Q Q 75
Miscellaneous ...... Q Q Q Q Q Q Q Q Q Q Q Q Q Q 75
Greensboro Division
General Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q 75
Equity Q Q ...... Q Q Q .... Q Q ...... 76
Criminal ........ Q Q Q Q Q Q Q Q ....... 76
United States Commissioner ..... Q Q Q Q Q Q Q Q Q 77
Miscellaneous Q Q Q Q Q Q Q Q ......... Q Q Q 77
Rockingham Division
General Q Q Q Q Q Q ...... Q Q Q Q Q Q Q Q Q Q Q 77
nqu ity ....................... Q 78
Criminal Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q 78
United States Commi$ioner Q Q Q Q Q Q Q Q Q Q Q Q Q Q 79 Q
Fiscal Accounts Q Q Q Q Q Q Q Q Q Q ........ Q 79
Miscellaneous Q .... Q Q Q Q Q Q Q Q ...... 79
Salisbury Division
General Q Q Q Q Q Q . Q Q Q Q Q Q Q Q Q Q Q Q .... 79
Equity ........ Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q 8o
Criminal .... Q Q Q ................ 80
United States Commissioner Q Q Q Q Q Q Q Q Q Q Q Q Q Q 80
Fiscal Accounts Q Q Q ................ 81
Miscellaneous Q Q Q Q ...... Q ........ Q 81
Uilkesboro Division
General Q Q Q ...... Q Q Q ........ Q Q Q Sl
United States Commissioner .............. 91
Winston»Salem Division
General Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q 82
Equity Q Q ................... Q Q 82
criminei ....................... 83
United States Commissioner Q Q Q Q Q Q Q Q Q Q Q Q Q Q 83
Fiscal Accounts Q Q Q Q ............. Q Q 83
Miscellaneous Q Q Q Q Q Q Q Q Q Q Q Q QQQQQQQ Q 85
Probation and Parole Officers QQQQQQQ Q Q Q Q Q Q Q Q 83
Durham
District Court Records (See also Greensboro) QQQQ. Q Q Q B4
United States Commissioner QQQQQ Q Q Q Q Q .Q.Q Q Q Q 85
Rockingham
District Court Records (See also Greensboro) Q Q Q Q Q Q Q Q 85
Salisbury
District Court Records (See also Greensboro) Q Q Q Q Q Q Q Q 85
Wilkesboro
Deputy Clerk (See also Greensboro) Q Q Q Q Q Q Q Q Q Q Q Q Q 86
Old Circuit Court Records Q Q Q Q Q Q QQQQ Q QQQQQ 86 `

 Contents viii
Page
Deputy Clerk, Wilkesboro (cont.)
District Court Records .
. General . . . . . . . . . . . . . . . . . . . . . . . F7
Criminal .............. . .... . . . . 88
Naturalization ................. _. . . S8
Fiscal Accounts ..... . . . . . ...... . . . 88
Miscellaneous . . . . . . . . . . . . . . . . . . . , 89
Winston—Salem
t District Court Records (See also Greensboro) . . . . . . . . 99
Western District
Asheville
Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
General . . . . . . . . . . . . . . . . . . . . . . . . . 90
Equity . . ......... . . . . . . . . . . . . . . 9l
Bankruptcy ....... . . ..... . ........ 9l
Criminal . . . , . . .... . ............. 91 C
Naturalization . . 4 . . . . . . . . . . ........ 92
Fiscal Accounts ........ . . .... . ..... . 92
Miscellaneous . . . . . . . . . . . . . . . . . . . . . . 92
Correspondence . . . . . . . . . . . . . . . . . . . . . 92
Probation and Parole Officer . . . ........ . .... 95
Referee in Bankruptcy ................... 95
United States Commissioner ............. . . . . 94
Brevard
United States Commissioner . . . . . . . . . . . . • . . . . 94
Bryson City A
District Court Records (See also Asheville) ..... . . . 94
Charlotte ` `
Deputy Clerk . . . . . . . . . . . . . . . . . . . . . . . . 95
Old Circuit Court Records . . . . . . . . . .... . . . 95
District Court Records
General ....... . . . ........... . . 95
Equity . . . . . . . . . . . . . . . . . . . . . . . 96
Bankruptcy ..... ; 4 ..... . .... . .... 96
Criminal ....................... 97
United States Commissioner . . . . . . . . . . . . . . 98
Naturalization . . . . . . . . . . . . . . . . . . . . 98
Attorneys . . . . . . . . . . . . . . . . . . . . . . 98
Fiscal Accounts . . . . . . . Q . . . , . . . . . . . 90
Miscellaneous .... . . . . . . . . . ..... . . 98
Correspondence . . . . . . . . . . , . . . . . . . . . 99
Hendersonville
United States Commissioner . . . . . . . . . . . . . . . . . 99
Murphy
United States Commissioner . . . . . .... . . . . . . . . 99 _
Rutherfordton
United States Commissioner . . . . . . . . . . . . . . . . . lOO

 Contents ix
Page
Shelby
District Court Records (See also Charlotte) . . ; ..... 100
Probation and Parole Officer .......... . ..... lOO
Statesville ' ` C
Deputy Clerk . . . .... . . . , . . . . . . . . . . . . . lOl
Waynesville ‘
United States Commiaeioner ...... . . . . . . . . . . . lG2

  
INTRODUCTION
}Z?£’.:.}§§.}
North Carolina ratified the Federal Constitution in November 1789 and in
1790 provisions of the Judicial Act of 1789 were extended to the state.
Under an act approved June 4, 1790,l a new Federal judicial district was
created, to be known as the lbrth Carolina District. A district court ·
therein was to consist of one judge who should reside in the district and
hold annually four sessions of the court at New Bern, records of which
should be kept by a clerk at new Bern. The district was to be annexed to
the Southern Circuit and two sessions of the circuit court were to be held
annually at New Bern, two justices of the Supreme Court of the United States
and the district judge presiding.
A United States attorney, a United States marshal, and a clerk of court
were appointed for the new district. ‘
The first session of the circuit court was called Tuesday, November 8,
1791, but since the presence of one of the justices of the Supreme Court 2
was necessary to constitute the circuit court and such a justice was not
present, an adjournment was taken to Thursday, November 10. On that day
the first Federal grand jury in North Carolina was impaneled, After the
June 1393 session, Congress ordered the court to be moved to Wake Court ‘
House, the seat of Wake County, where the November 1793 session was he1d.‘
Circuit court was then by Congressional authority; moved to Raleigh, where,
except during the War Between the States, sessions met continuously for
the District of North Carolina until 1872, when the state was divided into
Eastern and Western Districts and additional terms of the circuit court
were established in the Western.District.
Sessions of the district court for the North Carolina District were held
in New Bern, only, until 1792, when, by an act anproved April 13,4 Congress
provided for sessions of the district court at New Bern, Wilmington, and
Edenton in rotation, beginning at new Dern. Two years later, by act of
Congress, the state was divided into three definite districts, as follows:
the District of Wilmington, to include all the counties of the state
districts of Morgan, Salisbury, Fayetteville, and Wilmington;6 the District
of New Bern, to include all the counties of the state districts of Hills-
borough, Halifax, and New Bern; and the District of Edenton, to include all
the counties of the state district of Edenton. District court met as before
1. i stat, L., 126.
2. ib`1<1.,?`?5-556.
3. Loc. cit.
4. 1 Stat. L., 252-253.
5. ibid., 395-396. ,
6. For composition of state districts see David Leroy Corbitt, "Iudicial
Districts of North Carolina, 1746-1913," in North Carolina Historical
Qeview, XII (1935), 53-54.

 The Federal Courts in North Carolina 2
at Wilmington, New Bern, and Edenton, and dockets and records of the court
were kept at each place by the district clerk. Suits and all other pro-
ceedings originating in the respective districts were returnable, and
records in each were kept, within the district where each commenced, This ·
act was repealed in l797, however, when Congress ordered sessions to be
held only at New Bern, all cases pending in Wilmington and Edenton to be
continued to the next court at New Bern, and all dockets and records of the
several district courts to be moved to new Bern.7
Under the court reorganization act approved February l}, l80l, when the
L United States was divided into six circuits, the District of North Carolina
‘ was included with South Carolina and Georgia in the §ifth Circuit.8 Three
` circuit judges, one of whom was to be commissioned as chief judge, were
to constitute the Fifth Circuit Court which was to meet twice annually in
Raleigh. Records were to be kept in Raleigh by a clerk appointed by the
court. The District of North Carolina was to be divided into three dis-
tricts, as follows; the District of Albemarle, to consist of the state
» districts of Edenton and Halifax;9 the District of Pamlico, to consist of
the state districts of New Bern and Hillsborough, together with all that
part of the state district of Wilmington which was situated to the north-
ward and eastward of New River; and the District of Cape Fear,lO to consist
of the remaining part of the District of North Carolina. Court was to be —
V held by the district judge three times annually at Edenton, new Bern, and
Wilmington. Records were to be kept at each court seat by resident clerks
appointed by the court. The marshal and the attorney for the District of
North Carolina were to continue in office.
` The above act was repealed Nurch 8, l802,ll but the districts were re·
established in April of that year, and provision was again made for the
appointment of clerks for these districts, who were to reside and keep the
records at the court seats to which they belonged.l2 A resident clerk was
not established at Wilmington until about l9l8. North Carolina was in-
cluded with Virginia in the Fifth Circuit, court to consist of the chief
justice of the Supreme Court and the district judge. Under this law Chief
Justice John Marshall held two sessions of the court annually in Raleigh
from the November term of 1902 to l855.
After February l8l2, the district court met twice yearly, instead of
thrice, in each district.l3
7. i stat. L.; 517-518.
8, 2 stat. L., 89-ico. V
9. corbirt, "Judicial nistricts,·• cm. cit., pp. 55-54.
lO. ln l82B, in a law which altered the time of holding court, this
district was referred to as the "district of Cape Fear, or Clarend0n," ‘
2 Stat, L., 125-124.
ll, 2 Stat. L., 132,
l2, Ibid., 156-167.
13. 2 smc. L., 675.

 The Federal Courts in North Carolina 3
· 1861 - 1868
l Although North Carolina was included with Maryland, Delaware, and
4 Virginia in the Fourth Circuit in 1862,14 sessions of the Federal district ·
courts were not held in North Carolina during the War Between the States.
_ Under the act passed by the Provisional Congress for the establishment of
courts of the Confederate States of America,l5 Asa Biggs was appointed
judge of the Confederate district court in North Carolina and took the oath
of office on May 27, l862, before Judge R. R. Raith of the Superior Court
Bench of North Carolina. Judge Biggs had held the position of judge of the
j United States district court in North Carolina from lB58 until his resig- ,
nation on April 23, l86l, just prior to the secession of North Carolina
from the Union on May 20, l86l. As judge of the Confederate district court
he had-authority to take over all papers of the Federal court and to ap-
4 point the times and places for holding court. Fe held several sessions,
notably at Goldsboro, New Bern, Wihnington, and Salisbury. When the in-
ventory was taken a few Confederate court records were located at New Bern
_ an  at Wilmington.
The Confederate judiciary was never fully organized in North Carolina,
however, and owing to the failure of the Confederacy to organize a Supreme
Court very little attention was naid_to the Confederate district courts. -
_ In a study of the Confederate courts*6 Dr. J. C. de Roulhac Hamilton notes
` that the Confederate district courts "had no final jurisdiction under the
Constitution and laws, and at best had only concurrent jurisdiction with
the state courts over which they had no authority, appellate or otherwise.
In most of the districts they scarcely functioned at all, and since their
decisions were only scatteringly published in the newswaiers, little was
_ known of them at the time and far less today."
At the same time the state courts were oarticuharly active. In many
cases in which they claimed concurrent jurisdiction, they really exercised
final jurisdiction as well, and in the absence of a Confederate Supreme
Court, decisions of the State Supreme Court on constitutional questions
could not be reviewed. As a result, a conflict developed almost nmmedi-
ately between the state courts and Confederate authorities. It was not
until June l864 that the State Supreme Court finally accepted the military
power of the Confederate government and resistance from the state courts
ceased.
Of the seceding states North Carolina was one of the first in which the
Federal courts were reorganized. In May l865 President Johnson by procla-
mationl7 appointed William W, Holden provisional governor of North Carolina,
V with authority to prescribe rules and regulations for convening a conven-
tion with the view of restoring the state to its constitutional relations
l4, l2 Stat. L., 576.
l5. An Act to Establish the Judicial CourtswpfmQhe_Cenfederate_ggates
· _ QT America. Senate.?-o-ciini-e§1t_sT7'iVT—Congress of Confederate States, l
.` I, l52-lAl.
l6. "The State Courts and the Confederate Constitution," in The Journal
of Southern History, IV, No. 4, November l95€.
17. 15 stet`é"fT, Amencix, 760-76l.

 The Federal Courts in North Carolina 4
with the Federal Government. Federal officers were instructed to move to
set up Federal agencies in the state. The district judge was instructed
to proceed to hold courts within the state in accordance with the provisions
of the act of Congress. The Attorney General was directed to instruct the `
A ` proper officers to "libel, and bring to judgment, confiscation, and sale,
property subject to confiscation," and to enforce the administration of
justice in the state in all matters within the cognizance and jurisdiction
‘ of the Federal courts,
President Johnson*s first appointee for district judge could not take the
_» oath of office required by law. He consequently resigned. A second ap-
pointee was confirmed by the Senate on January 22, l8é6. A United States
· attorney and a United States marshal were anoointed and sessions of the
Federal district courts were resumed.` Times and olaces for the year l866
were designated by the district judge. Thereafter court met as previously
stipulated by Congress.
S l The first session of the circuit court convening in the South since the
` beginning of the war was held at Raleigh in June 1867. In a redistribution
' of districts in l866, the districts of North Carolina, Maryland, West
Virginéa, Virginia, and South Caroli a had been placed in the Fourth Cir-
cuit,l but Chief Justice Chase, assigned to the Fourth Circuit, had refused
to come into North Carolina until the military power had been removed and
the civil power entirely restored, Under the Reconstruction Act of March 2,
l867, North Carolina and South Carolina were constituted the second military
district; although General Sickles, in command, continued the civil govern-
‘ ment of the state and directed that it should be obeyed, he declared it
pf0ViSi0nHl only. When Chief Justice Chase finally came to Raleigh for the
June term of l867 he assumed the attitude that, while the military authori-
ties still had authority to preserve peace and order, this military
authority did not extend in any respect to the courts of the United States,
Although General Sickles did not concur in this view, President Johnson
sustained the court.l9
The state was readmitted to repre sentation in Congress on June 25, 1868.
1868 - l9ll
Prior to the War Between the States the business of the Federal courts
in North Carolina was small in volume; a few criminal prosecutions, some
violations of the postal laws, counterfeiting cases, some admiralty causes
at Wilmington and new Bern, and some prize cases at Wihnington during the
War of l8l2 constituted their chief work. ‘Among the outstanding cases was
that of Doe on Demise of Coventry v. Davie, which involved the title to
lands clanned by the heirs of the Earl of Granville and in which judgment
went against the plaintiff, Also notable were the actions in 1853 growing
out of claims for certain valuable bodies of land in the mountain counties.
p 18, lA Stat. L., 209. `
. l9. For a detailed discussion of the conflict between the civil and
military authority in North Carolina in the reconstruction period sec
, Q J. G. de Roulhac Hamilton, Reconstruption in_North Carolina
(New York, l9l4). A

 The Federal Courts in North Carolina 5
` l These latter claims involved the relations of North Carolina, first as a
separate sovereignty and subsequently as a wart of the United States, with
· the Cherokee Indians. ‘ _
After the war disturbances arising therefrom, the establishment of
* national banks, passage of the bankruptcy act, enforcement of the internal
‘ revenue laws, and regulation of interstate commerce brought an increasing
number of cases before the Federal courts. Congress consequently in 1872,
by an act approved June 4, divided North Carolina into Eastern and Western
Districts.2O
" The Eastern District was to consist of counties not naned in the Western
‘ District.2l Terms of the circuit and district courts were to be held as ’ 1
t heretofore in the Eastern District, in which, under an act aooroved July 1,
‘ 1870, the district court for the Albemarle District had been transferred
"`”“ from Edenton to Elizabeth City.22 Except as noted below, cases for the
` Western District still pending in the old Distr