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Ordinances and Resolutions
Passed by the State Convention:

Electronic Edition.

North Carolina. Convention (1861-1862)


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University of North Carolina at Chapel Hill,
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Call number VC 342.2 1861o c. 2 (North Carolina Collection, UNC-CH)



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Library of Congress Subject Headings, 21st edition, 1998

LC Subject Headings:



STATE CONVENTION.]

[JUNE, 1861.

Ordered to be Printed.
Syme & Hall, Printers to the Convention.

ODRINANCES AND RESOLUTIONS PASSED BY THE
STATE CONVENTION.

[No. 1.]

AN ORDINANCE TO DISSOLVE THE UNION BETWEEN
THE STATE OF NORTH CAROLINA AND
THE OTHER STATES UNITED WITH HER UNDER
THE COMPACT OF GOVERNMENT ENTITLED THE
CONSTITUTION OF THE UNITED STATES.

        We, the people of the State of North Carolina, in Convention assembled, do declare and ordain, and it is hereby declared and ordained, That the ordinance adopted by the State of North Carolina in the Convention of 1789, whereby the Constitution of the United States was ratified and adopted, and also, all acts and parts of acts of the General Assembly, ratifying and adopting amendments to the said Constitution, are hereby repealed, rescinded and abrogated.

        We do further declare and ordain, That the union now subsisting between the State of North Carolina and the other States under the title of the United States of America, is hereby dissolved, and that the State of North Carolina is in the full


Page 2

possession and exercise of all those rights of sovereignty which belong and appertain to a free and independent State.

        Read three times and passed, 20th day of May, 1861.

W. N. EDWARDS,
Prest. of Convention,

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary.

[No. 2.]

AN ORDINANCE VESTING IN THE CONFEDERATE
STATES OF AMERICA JURISDICTION OVER CERTAIN
TRACTS OF LAND IN THE TOWN OF FAYETTEVILLE
AND COUNTY OF CUMBERLAND.

        We, the people of North Carolina, in Convention assembled, do declare and ordain, and it is hereby declared and ordained, That the jurisdiction of the State of North Carolina is hereby ceded to the Confederate States of America, for the purpose of maintaining and erecting therein Arsenals, Magazines, or other necessary buildings, over all that tract, piece or parcel of land, situate, lying and being in the town of Fayetteville and county of Cumberland, the jurisdiction over which was ceded the United States of America by an act of the General Assembly of the State of North Carolina, ratified on the 8th day of January, 1839, and is entitled "An Act vesting in the United States of America jurisdiction over a certain tract of land in the town of Fayetteville and county of Cumberland."

        And be it further declared and ordained, That jurisdiction in like manner and for like purposes is hereby ceded to the Confederate States of America over all tracts or parcels of land adjacent to the same heretofore purchased by the United States of America.

        And be it further declared and ordained, That the jurisdiction so ceded to the Confederate States of America, is granted


Page 3

upon the express condition that the State of North Carolina shall retain jurisdiction on and over the tracts of land aforesaid, so far that civil process in all cases, and such criminal process as may issue under the authority of the State of North Carolina, against any person or persons charged with crimes committed without said tract of land may be executed therein in the same way and manner as if this jurisdiction had not yet been ceded: The Confederate States to retain the said jurisdiction so long as said tract or tracts of land shall be used for the purposes expressed in this Ordinance, and no longer.

        Be it further ordained, That the title and possession of the said lands is hereby ceded to the said Confederate States on the terms and conditions aforesaid.

        Read three times and passed, 5th of June, 1861.

W. N. EDWARDS,
Prest. of Convention.

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary.

[No. 3.]

AN ORDINANCE TO PROVIDE FOR THE APPOINTMENT
OF A BOARD OF CLAIMS.

        Be it ordained, &c., That a Board of Claims, to consist of three members--two of whom shall be a quorum to do business-- be elected by this Convention, whose duty it shall be to audit and settle, upon principles of equity and justice, all claims that may be presented against the State for expenses incurred towards the arming, equipping, subsistence and transportation of our volunteer troops, and of munitions of war, and for bounty paid said troops either in the military or naval service of the State, and other expenses incurred in the defence of the State prior to the 20th of May, 1861; and all County claims and other claims of the character aforesaid, arising since the


Page 4

20th of May, 1861, which are not provided for by law; and no county or corporation claim shall be entertained by said Board, unless the same shall be certified by the County Trustee, or Chairman of the County Court, or by the corporate authorities of any corporation, as the case may be, whence the claim or claims may come.

        Be it further ordained, That the members of the said Board of Claims shall take and subscribe an oath faithfully and impartially to discharge their duties; they may employ a clerk who shall record the proceedings of the Board; they shall give general and public notice of the times and place of their sittings; they shall be authorized to administer oaths and to require affidavits to be made when necessary. The said Board shall report the result of their labors and proceedings, with a brief statement of the character of each claim allowed at the conclusion of their labors, or from time to time, as they may think proper, to this Convention, either at the present or any future session. Each member of the Board shall be allowed six dollars per day, and the clerk shall be allowed four dollars per day for each day they shall be actually employed.

        Be it further ordained, That this ordinance shall remain in force, and the Board hereby provided for shall continue in existence till the 15th day of December next, subject to amendment, modification or repeal by this Convention, and, in case of the death, resignation or refusal to serve of any member of said Board of Claims during any recess, or after the final adjournment of this Convention, such vacancy shall be supplied by the appointment of the Governor.

        Read three times and passed, 8th June, 1861.

W. N. EDWARDS,
Prest. of Convention,

Teste:

WALTER L STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary.


Page 5

[No. 4.]

AN ORDINANCE TOUCHING THE AUTHENTICATION
OF ORDINANCES AND OTHER ACTS OF THE
CONVENTION.

        Be it ordained by this Convention, That ordinances and resolutions of this Convention having the effect of laws, shall be authenticated by the signature of the President and attestation of the Secretary and Assistant Secretary, and shall have the date of their final passage annexed thereto; from which date each ordinance and resolution shall take effect and go into operation, unless some other time shall be therein appointed.

        Passed 8th day of June, 1861.

W. N. EDWARDS,
Prest. of Convention.

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary.

[No. 5.]

RESOLUTION

        Resolved, That the Treasurer be, and he is hereby authorized to pay L. W. Joyner, sixty-eight dollars, for services as clerk of the Military Committee.

        Read three times and passed, 15th of June, 1861.

W. N. EDWARDS,
Prest. Of Convention.

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary.


Page 6

[No. 6.]

RESOLUTION.

        Resolved, That this Convention, appreciating the valor and good conduct of the officers and men in the 1st Regiment of North Carolina Volunteers, do, as a testimonial of the same, authorize the said Regiment to inscribe the word "Bethel" upon their regimental colors.

        Read three times and passed, June 17th, 1861.

W. N. EDWARDS,
Prest. of Convention.

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary,

[No. 7.]

AN ORDINANCE DEFINING TREASON AGAINST THE STATE.

        Be it ordained by this Convention, and it is hereby ordained by the authority of the same, as follows: Treason against the State of North Carolina, shall consist only in levying war against her, or in adhering to her enemies, giving them aid and comfort. No person shall be convicted of Treason unless on the testimony of two witnesses to the same overt act, or confession in open court.

        Read three times and passed, 18th June, 1861.

W. N. EDWARDS,
Prest. of Convention,

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary.


Page 7

[No. 8.]

AN ORDINANCE REPEALING THE ACT OF THE GENERAL ASSEMBLY CONVENING THE LEGISLATURE ON THE 25TH OF JUNE, 1861.

        Be it ordained, That the resolution passed by the General Assembly at its late session providing for an adjourned session of the said General Assembly on the 25th of June, 1861, be and the same is hereby abrogated and annulled.

        Be it further ordained, That there shall be a session of the General Assembly which shall convene on the 15th day of August next.

        Read three times and passed, 19th of June, 1861.

W. N. EDWARDS,
Prest. of Convention.

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary.

[No. 9.]

RESOLUTION.

        Resolved, That the President, Secretaries, Engrossing Clerk and Doorkeepers of this Convention be allowed the same compensation which is paid by the General Assembly to the officers who render similar services to that body.

        Resolved, That a committee of three be appointed, who shall during the sitting or after the adjournment of the Convention, audit and certify to the Governor all other claims on account of the contingent expenses of the Convention, and that they be authorized to allow three dollars per day and the travelling expenses of all messengers who may be employed by this Convention.

        Read three times and passed, 19th of June, 1861.

W. N. EDWARDS,
Prest. of Convention.

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary.


Page 8

[No. 10.]

RESOLUTION.

        Resolved, That four thousand copies of the Army Regulations of the Army of the Confederate States of America be printed for the use of the officers and soldiers of this State, now in service, and hereafter to be called into service.

        Resolved, That ten copies each be furnished to the members of this Convention, and that the Adjutant General be requested to distribute the remainder in such manner as to furnish to our soldiers a knowledge of the military laws by which they are to be governed.

        Read three times and passed, 19th June, 1861.

W.N. EDWARDS,
Prest. of Convention.

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary.

[No. 11.]

AN ORDINANCE TO RATIFY THE CONSTITUTION OF THE CONFEDERATE STATES OF AMERICA.

        WHEREAS, On the eleventh day of March, A. D., 1861, at Montgomery, in the State of Alabama a Constitution was adopted by a Congress of delegates from the States of Alabama, Florida, Georgia, Louisiana, Mississippi, South Carolina and Texas, united under the name of the Confederate States of America, which Constitutien hath been ratified by each or the said States;

        Now, therefore, this Convention, having seen and considered the said Constitution, doth, in behalf of the people of the State of North Carolina, adopt and ratify the said Constitution and form of Government, the tenor of which appears in a schedule hereto annexed.


Page 9

CONSTITUTION OF THE CONFEDERATE STATES OF AMERICA.

        We, the people of the Confederate States, each State acting in its sovereign and independent character, in order to form a permanent federal government, establish justice, insure domestic tranquility and secure the blessings of liberty to ourselves and our posterity--invoking the favor and guidance of Almighty God--do ordain and establish this Constitution for the Confederate States of America.

ARTICLE I.

SECTION 1.

        All legislative powers herein delegated shall be vested in a Congress of the Confederate States, which shall consist of a Senate and House of Representatives.

SECTION 2.

        1. The House of Representatives shall be composed of members chosen every second year by the people of the several States; and the electors in each State shall be citizens of the Confederate States, and have the qualifications requisite for electors of the most numerous branch of the State Legislature; but no person of foreign birth, not a citizen of the Confederate States, shall be allowed to vote for any officer, civil or political, State or Federal.

        2. No person shall be a Representative, who shall not have attained the age of twenty-five years, and be a citizen of the Confederate States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen.

        3. Representatives and Direct Taxes shall be apportioned among the several States, which may be included within this Confederacy, according to their respective numbers, which shall be determined, by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all slaves. The actual


Page 10

enumeration shall be made within three years after the first meeting of the Congress of the Confederate States, and within every subsequent term of ten years, in such manner as they shall by law, direct. The number of Representatives shall not exceed one for every fifty thousand, but each State shall have at least one Representative; and until such enumeration shall be made, the State of South Carolina shall be entitled to choose six--the State of Georgia ten--the State of Alabama nine-- the State of Florida two--State of Mississippi seven--the State of Louisiana six, and the State of Texas six.

        4. When vacancies happen in the representation from any state, the Executive authority thereof shall issue writs of election to fill such vacancies.

        5. The House of Representatives shall choose their Speaker and other officers; and shall have the sole power of impeachment; except that any judicial or other federal officer, resident and acting solely within the limits of any State, may be impeached by a vote of two-thirds of both branches of the Legislature thereof.

SECTION 3.

        The Senate of the Confederate States shall be composed of two Senators from each State, chosen for six years by the Legislature thereof, at the regular session next immediately preceding the commencement of the term of service; and each Senator shall have one vote.

        2. Immediately after they shall be assembled, in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year; of the second class at the expiration of the fourth year; and of the third class at the expiration of the sixth year; so that one-third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the Legislature of any State, the executive thereof may make temporary appointments until the meeting of the Legislature, which shall then fill such vacancies.


Page 11

        3. No person shall be a Senator who shall not have attained the age of thirty years, and be a citizen of the Confederate States, and who shall not, when elected, be an inhabitant of the State for which he shall be chosen.

        4. The Vice-President of the Confederate States shall be President of the Senate, but shall have no vote, unless they be equally divided.

        5. The Senate shall choose their other officers; and also a President pro tempore in the absence of the Vice President, or when he shall exercise the office of President of the Confederate States.

        6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the Confederate States is tried, the Chief Justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present.

        7. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit, under the Confederate States; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment and punishment according to law.

SECTION 4.

        1. The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof, subject to the provisions of this constitution: but the Congress may, at any time, by law, make or alter such regulations, except as to the times and places of choosing Senators.

        2. The Congress shall assemble at least once in every year; and such meeting shall be on the first Monday in December, unless they shall, by law, appoint a different day.


Page 12

SECTION 5.

        1. Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalties as each House may provide.

        2. Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds of the whole number, expel a member.

        3. Each House shall keep a journal of its proceedings, and from time to time, publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either House, on any question, shall, at the desire of one-fifth of those present, be enterd on the journal.

        4. Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor, to any other place than that in which the two Houses shall be sitting.

SECTION 6.

        1. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the Confederate States. They shall, in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.

        2. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the Confederate States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the Confederate States shall be a member of either house during his continuance in office. But Congress may, by law, grant to


Page 13

the principal officer in each of the Executive Departments a seat upon the floor of either house, with the privilege of discussing any measures appertaining to his department.

SECTION 7.

        1. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills.

        2. Every bill which shall have passed both Houses, shall, before it becomes a law, be presented to the President of the Confederate States; if he approve, he shall sign it; but if not, he shall return it with his objections to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house, it shall become a law. But in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress, by their adjournment, prevent its return; in which case it shall not be a law. The President may approve any appropriation and disapprove any other appropriation in the same bill. In such case he shall, in signing the bill, designate the appropriations disapproved; and shall return a copy of such appropriations, with his objections, to the house in which the bill shall have originated; and the same proceedings shall then be had as in the case of other bills disapproved by the President.

        3. Every order, resolution or vote, to which the concurrence of both houses may be necessary, (except on a question of adjournment) shall be presented to the President of the Confederate


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States; and before the same shall take effect, shall be approved by him; or being disapproved by him shall be repassed by two-thirds of both houses, according to the rules and limitations prescribed in the case of a bill.

SECTION 8.

        The Congress shall power--

        1. To lay and collect taxes, duties, imposts and excises, for revenue necessary to pay the debts, provide for the common defence, and carry on the government of the Confederate States: but no bounties shall be granted from the treasury; nor shall any duties or taxes on importations from foreign nations be laid to promote or foster any branch of industry; and all duties, imposts, and excises shall be uniform throughout the Confederate States:

        2. To borrow money on the credit of the Confederate States:

        3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes; but neither this, nor any other clause contained in the constitution, shall ever be construed to delegate the power to Congress to appropriate money for any internal improvement intended to facilitate commerce; except for the purpose of furnishing lights, beacons, and buoys, and other aids to navigation upon the coasts, and improvement of harbors and the removing of obstructions in river navigation, in all which cases, such duties shall be laid on the navigation facilitated thereby, as may be necessary to pay the costs and expenses thereof:

        4. To establish uniform laws of naturalization, and uniform laws on the subject of bankruptcies, throughout the Confederate States, but no law of Congress shall discharge any debt contracted before the passage of the same:

        5. To coin money, regulate the value theoreof and of foreign coin, and fix the standard of weights and measures:

        6. To provide for the punishment of counterfeiting the securities and current coin of the Confederate States:


Page 15

        7. To establish postoffices and post routes; but the expenses of the Postoffice Department, after the first day of March in the year of our Lord eighteen hundred and sixty-three, shall be paid out of its own revenues:

        8. To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries:

        9. To constitute tribunals inferior to the Supreme Court:

        10. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations:

        11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water:

        12. To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years:

        13. To provide and maintain a navy:

        14. To make rules for the government and regulation of the land and naval forces:

        15. To provide for calling forth the militia to execute the laws of the Confederate States, suppress insurrections, and repel invasions:

        16. To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the Confederate States; reserving to the States, respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed Congress:

        17. To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of one or more States and the acceptance of Congress, become the seat of the Government of the Confederate States; and to exercise like authority over all purchased by the consent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards and other needful buildings; and

        18. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other


Page 16

powers vested by this Constitution in the government of the Confederate States, or in any department or officer thereof.

SECTION 9.

        1. The importation of negroes of the African race, from any foreign country, other than the slaveholding States or territories of United States of America, is hereby forbidden; and Congress is required to pass such laws as shall effectually prevent the same.

        2. Congress shall also have power to prohibit the introduction of slaves from any State not a member of, or territory not belonging to, this Confederacy.

        3. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

        4. No bill of attainder, ex post facto law, or law denying of impairing the right of property in negro slaves shall be passed.

        5 . No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken.

        6. No tax or duty shall be laid on articles exported from any State, except by a vote of two-thirds of both houses.

        7. No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another.

        8. No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.

        9. Congress shall appropriate no money from the treasury except by a vote of two-thirds of both houses, taken by yeas and nays, unless it be asked and estimated for by some one of the heads of department, and submitted to Congress by the President; or for the purpose of paying its own expenses and contingencies; or for the payment of claims against the Confederate States, the justice of which shall have been judicially declared by a tribunal for the investigation of claims against


Page 17

the government, which is hereby made the duty of Congress to establish.

        10. All bills appropriating money shall specify in federal currency the exact amount of each appropriation and the purposes for which it is made; and Congress shall grant no extra compensation to any public contractor, officer, agent or servant, after such contract shall have been made or such service rendered.

        11. No title of nobility shall be granted by the Confederate States; and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office or title of any kind whatever from any king, prince or foreign State.

        12. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble and petition the government for a redress of grievances.

        13. A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.

        14. No soldier shall, in time of peace, be quartered in any house without the consent of the owner: nor in time of war, but in a manner to be prescribed by law.

        15. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

        16. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor to be compelled,


Page 18

in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.

        17. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defence.

        18. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact so tried by a jury shall be otherwise re-examined in any court of the Confederacy, than according to the rules of the common law.

        19. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

        20. Every law or resolution having the force of law, shall relate but to one subject, and that shall be expressed in the title.

SECTION. 10.

        1. No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, or ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility.

        2. No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the treasury of the Confederate States; and all such laws shall be subject to the revision and control of Congress.


Page 19

        3. No State shall, without the consent of Congress, lay any duty on tonnage, except on sea-going vessels, for the improvement of its rivers and harbors navigated by the said vessels; but such duties shall not conflict with any treaties of the Confederate States with foreign nations; and any surplus revenue, thus derived, after making such improvement, be paid into the the common treasury. Nor shall any State keep troops or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. But when an river divides or flows through two or more States, they may enter into compacts with each other improve the navigation thereof.

ARTICLE II.

SECTION 1.

        1. The executive power shall be vested in a President of the Confederate States of America. He and the Vice President shall hold their offices for the term of six years; but the President shall not be re-eligible. The President and Vice President shall be elected as follows:

        2. Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress; but no Senator or Representative, or person holding an office of trust or profit under the Confederate States shall be appointed an elector.

        3. The electors shall meet in their respective States and vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each, which lists they shall sign and certify, and transmit, sealed, to the seat of the


Page 20

government of the Confederate States, directed to the President of the Senate; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then, from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice President shall act as President, as in case of the death, or other constitutional disability of the President.

        4. The person having the greatest number of votes as Vice President, shall be the Vice President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then, from the two highest numbers on the list the Senate shall choose the Vice Presdent; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice.

        5. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the Confederate States.

        6. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the Confederate States.

        7. No person, except a natural born citizen of the Confederate States, or a citizen thereof at the time of the adoption of


Page 21

this Constitution, or a citizen thereof born in the United States prior to the 20th of December, 1860, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained the age of thirty-five years, and been fourteen years a resident within the limits of the Confederate States, as they may exist at the time of his election.

        8. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President; and the Congress may, by law, provide for the case of removal, death, resignation, or inability both of the President and Vice President, declaring what officer shall then act as President and such officer shall act accordingly until the disability be removed or a President shall be elected.

        9. The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he, shall have been elected; and he shall not receive within that period any other emolument from the Confederate States, or any of them.

        10. Before he enters on the execution of his office, he shall take the following oath or affirmation:

        "I do solemnly swear (or affirm) that I will faithfully execute the office of the President of the Confederate States, and will to the best of my ability, preserve, protect, and defend the Constitution thereof."

SECTION 2.

        1. The President shall be commander-in-chief of the army and navy of Confederate States, and of the militia of the several States, when called into the actual service of the Confederate States; he may require the opinion, in writing, of the principal officer in each of the Executive Departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offences against the Confederate States, except in cases of impeachment.


Page 22

        2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, Judges of the Supreme Court, and all other officers of the Confederate States, whose appointments are not herein otherwise provided for, and which shall be established by law; but the Congress may, by law, vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law or in the heads of Departments.

        3. The principal officer in each of the Executive Departments, and all persons connected with the diplomatic service, may be removed from office at the pleasure of the President. All other civil officers of the Executive Department may be removed at any time by the President, or other appointing power, when their services are unnecessary, or for dishonesty, incapacity, inefficiency, misconduct, or neglect of duty; and when so removed, the removal shall be reported to the Senate, together with the reasons therefor.

        4. The President shall have power to fill all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session; but no person rejected by the Senate shall be re-appointed to the same office during their ensuing recess.

SECTION 3.

        1. The President shall, from time to time, give to the Congress information of the state of the Confederacy, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both houses, or either of them; and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the Confederate States.


Page 23

SECTION 4.

        1. The President, Vice President, and all civil officers of the Confederate States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

ARTICLE III.

SECTION 1.

        1. The judicial power of the Confederate States shall be vested in one Supreme Court, and in such Inferior Courts as the Congress may from time to time ordain and establish, The judges, both of the Supreme and Inferior Courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office.

SECTION 2.

        1. The judicial power shall extend to all cases arising under this Constitution, the laws of the Confederate States, and treaties made or which shall be made under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the Confederate States shall be a party to controversies between two or more States; between a State and citizen of another State where the State is plaintiff; between citizens claiming lands under grants of different States; and between a State or the citizens thereof, and foreign States, citizens or subjects; but no State shall be sued by a citizen or subject of any foreign State.

        2. In all cases affecting ambassadors, other public ministers, and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.


Page 24

        3. The trial of all crimes, except in cases of impeachment, shall be by jury, and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed.

SECTION 3.

        1. Treason against the Confederate States shall consist only in, levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act or on confession in open court.

        2. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.

ARTICLE IV.

SECTION 1.

        1. Full faith and credit shall be given in each State to the public acts, records and judicial proceedings of every other State. And the Congress may, by general laws, prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof.

SECTION 2.

        1. The citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States, and shall have the right of transit and sojourn in any State of this Confederacy, with their slaves and other property; and the right of property in said slaves shall not be thereby impaired.

        2. A person charged in any State with treason, felony, or other crime against the laws of such a State, who shall flee from justice, and be found in another State, shall, on demand of the Executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime.


Page 25

        3. No slave or other person held to service or labor in any State or territory of the Confederate States under the laws thereof, escaping or lawfully carried into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor; but shall be delivered up on claim of the party to whom such slave belongs, or to whom such service or labor may be due.

SECTION 3.

        1. Other States may be admitted into this Confederacy by a vote of two-thirds of the whole House of Representatives, and two-thirds of the Senate, the Senate voting by States; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the Legislatures of the States concerned as well as of the Congress.

        2. The Congress shall have power to dispose of and make all needful rules and regulations concerning the property of the Confederate States, including the lands thereof.

        3. The Confederate States may acquire new territory; and Congress shall have power to legislate and provide governments for the inhabitants of all territory belonging to the Confederate States, lying without the limits of the several States; and may permit them, at such times, and in such manner as it may by law provide, to form States to be admitted into the Confederacy. In all such territory, the institution of negro slavery as it now exists in the Confederate States, shall be recognized and protected by Congress, and by the territorial government: and the inhabitants of the several Confederate States and territories, shall have the right to take to such territory any slaves lawfully held by them in any of the States or territories of the Confederate States.

        4. The Confederate States shall guaranty to every State that now is or hereafter may become a member of this Confederacy, a republican form of government, and shall protect each of


Page 26

them against invasion; and on application of the Legislature (or of the Executive when the Legislature is not in session) against domestic violence.

ARTICLE V.

SECTION 1.

        1. Upon the demand of any three States, legally assembled in their several conventions, the Congress shall summon a convention of all the States, to take into consideration such amendments to the Constitution as the said States shall concur in suggesting at the time when the said demand is made; and should any of the proposed amendments to the Constitution be agreed on by the said convention--voting by States--and the same be ratified by the legislatures of two-thirds of the several States, or by conventions in two-thirds thereof--as the one or the other mode of ratification may be proposed by the general convention-- they shall from thenceforward form a part of this constitution. But no State shall, without its consent, be deprived of its equal representation in the Senate.

ARTICLE VI.

        1. The Government established by this constitution is the successor of the Provisional Government of the Confederate States of America, and all the laws passed by the latter shall continue in force until the same shall be repealed or modified; and all the officers appointed by the same shall remain in office until their successors are appointed and qualified, or the offices abolished.

        2. All debts contracted and engagements entered into before the adoption of this constitution shall be as valid against the Confederate States under this constitution as under the Provisional Government.

        3. This constitution, and the laws of the Confederate States, made in pursuance thereof, and all treaties made, or which shall be made under the authority of the Confederate States, shall be the supreme law of the land; and the judges in every State


Page 27

shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding.

         4. The Senators and Representatives before mentioned, and the members of the several State Legislatures, and all executive and judicial officers, both of the Confederate States, and of the several States, shall be bound by oath or affirmation, to support this constitution; but no religious test shall ever be required as a qualification to any office or public trust under the Confederate States.

        5. The enumeration, in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people of the several States.

        6. The powers not delegated to the Confederate States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people thereof.

ARTICLE VII.

        1. The ratification of the convention of five States shall be sufficient for the establishment of this Constitution between the States so ratifying the same.

        2. When five States shall have ratified this Constitution, in the manner before specified, the Congress under the Provisional Constitution, shall prescribe the time for holding the election of President and Vice President; and, for the meeting of the Electoral College; and, for counting the votes, and inaugurating the President. They shall, also, prescribe the time for holding the first election for members of Congress under this constitution, and the time for assembling the same. Until the assembling of such Congress, the Congress under the Provisional Constitution shall continue to exercise the legislative powers granted them; not extending beyond the time limited by the Constitution of the Provisional Government.

        Read three times and passed, 19th of June, 1861.

W. N. EDWARDS,
Prest. of Convention.

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary.


Page 28

[No. 12.]

RESOLUTIONS.

        Resolved, That the Comptroller be directed to lay before this Convention a tabular statement exhibiting the Public taxes paid into the Treasury of the State from each county, for the five years preceding the 1st day of January, 1860, distinguishing the several subjects from which such taxes were derived, and the amounts received from each subject respectively, in each successive year.

        Resolved, That the Comptroller be and he is hereby authorized to employ such additional clerical force as may be necessary to enable him to furnish the foregoing information at an early period.

        Read three times and passed, 20th day of June, 1861.

W. N. EDWARDS,
Prest. of Convention.

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary.

[No. 13]

AN ORDINANCE PROVIDING FOR COMPENSATION TO SHERIFFS FOR HOLDING ELECTIONS FOR DELEGATES TO THIS CONVENTION.

        Be it ordained, &c., That the Sheriff of the several counties in this State are entitled to, and hereby allowed the same compensation for holding the late elections for delegates to this Convention as they are now allowed by law for holding elections for members of the General Assembly, and the Treasurer be, and he is hereby directed to allow the same to the Sheriffs in the settlement of their accounts.

        Read three times and passed, 20th June, 1861.

W. N. EDWARDS,
Prest. of Convention.

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary.


Page 29

[No. 14.]

AN ORDINANCE TO AMEND THE 4TH SECTION OF THE 4TH ARTICLE OF THE AMENDMENTS TO THE CONSTITUTION.

        Be it ordained by this Convention of the people, and it is hereby ordained by the authority of the same, That the fourth section of the fourth article of the amendments to the Constitution, proposed and ratified in the year eighteen hundred and thirty-five, be amended by striking out the word United and inserting in lieu thereof the word Confederate before the word States.

        Read three times and passed, 20th of June, 1861.

W. N. EDWARDS,
Prest. of Convention.

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary.

[No. 15.]

RESOLUTION TOUCHING THE COMPENSATION OF THE PRINTERS TO THIS CONVENTION.

        Resolved, That the Secretary of State be and he is hereby directed to make settlement with the Printers to this Convention under the same laws and regulations as govern his settlements with the State Printer.

        Read three times and passed, 20th June, 1861.

W. N. EDWARDS,
Prest. of Convention.

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary.


Page 30

[No. 16.]

AN ORDINANCE TO RATIFY THE CONSTITUTION OF THE PROVISIONAL GOVERNMENT OF THE CONFDERATE STATES OF AMERICA.

        We, the people of North Carolina in Convention assembled, do declare and ordain, and it is hereby declared and ordained, That the State of North Carolina does hereby assent to, and ratify the Constitution for the Provisional Government of the Confederate States of America, adopted at Montgomery, in the State of Alabama, on the 8th day of February, A. D., 1861, by the Convention of Delegates from the States of South Carolina, Georgia, Florida, Alabama, Mississippi and Louisiana, and that North Carolina will enter into the federal association of the States upon the terms therein proposed when admitted by the Congress or any competent authority of the Confederate States.

        Done at Raleigh the twentieth day of May, in the year of our Lord, one thousand eight hundred and sixty-one.

        Read three times and passed, 20th of June, 1861.

W. N. EDWARDS,
Prest. of Convention.

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary.

[No. 17.]

A RESOLUTION TO RAISE AN ADDITIONAL BATTALION OF CAVALRY.

        Resolved, That in addition to the Regiment of Cavalry at present authorized to be formed for service during the war, the Governor be authorized to receive such other companies as have tendered or may hereafter tender their services for the same


Page 31

period, not exceeding five troops or a half Regiment and that they be officered in like manner as the said Regiment of Cavalry herein refered to.

        Read three times and passed, 21st of June, 1861.

W. N. EDWARDS,
Prest. of Convention.

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary.

[No. 18.]

RESOLUTION.

        Resolved, That the President of this Convention issue a Writ to the Sheriff of Bladen county, instructing him to hold an election in said county on the first Thursday in August next, for the purpose of electing a delegate to fill a vacancy in this Convention caused by the resignation of T. D. McDowell, Esq.

        Read three times and passed, 21st June, 1861.

W. N. EDWARDS,
Prest. of Convention.

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary.

[No. 19.]

RESOLUTION AUTHORIZING THE RAISING OF RECRUITS FOR THE 1ST REGIMENT OF NORTH CAROLINA VOLUNTEERS.

        Resolved, That the Governor be, and he is hereby authorized and directed to receive into service, and to arm and equip, on application of the recruiting officers appointed by the Colonel of the 1st Regiment of North Carolina Volunteers, all such


Page 32

Volunteers as the said recruiting officers may obtain for their respective companies; the said recruits to be received and sworn in for the same length of time and subject to the same regulations as the original privates in the respective companies for which they are recruited are now bound for.

        Read three times and passed, 22d June, 1861.

W. N. EDWARDS,
Prest. of Convention.

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary.

[No. 20.]

AN ORDINANCE IN RELATION TO A STATE FLAG.

        Be it ordained by this Convention, and it is hereby ordained by the authority of the same, That the Flag of North Carolina shall consist of a red field with a white star in the centre, and with the inscription, above the star, in a semi-circular form, of "May 20th, 1775," and below the star, in a semi-circular form, "May 20th, 1861." That there shall be two bars of equal width, and the length of the field shall be equal to the bar, the width of the field being equal to both bars; the first bar shall be blue, and the second be white; and the length of the Flag shall be one-third more than its width.

        Read three times and passed, June 22d, 1861.

W. N. EDWARDS,
Prest. of Convention.

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary,


Page 33

[No. 21.]

RESOLUTION IN RELATION TO THE DEPOSIT AND PUBLICATION OF THE ORDINANCES OF THE CONVENTION.

        Resolved, That the Secretary of this Convention deposit in the office of the Secretary of State, for safe keeping, all the Ordinances and Resolutions passed by the Convention having the force and effect of laws; and the Secretary of the State shall cause the same to be published in three newspapers, published in the City of Raleigh; and he is authorized to contract for said publication at reasonable rates; the expense thereof shall be paid as other public printing; and it shall be sufficient for him to furnish one certified copy only (for which he shall be paid the same fee as for certifying the acts of the General Assembly,) to one of the newspapers, and a printed copy to the others.

        Read three times and passed, 24th June, 1861.

W. N. EDWARDS,
Prest. of Convention,

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary.

[No. 22.]

AN ORDINANCE IN RELATION TO TAXATION.

        SECTION 1. Be it ordained, That the third section of the fourth article of the amendments of the Constitution be and the same is hereby annulled.

        SEC. 2. Be it further ordained, That all free males over the age of twenty-one years and under the age of forty-five years, shall be subject to a capitation tax, not less than the tax laid on land or the value of three hundred dollars, and no other free person nor slave shall be liable to such taxation; and also land and slaves shall be taxed according to their value, and the tax


Page 34

on slaves shall be as much but not more than that on land according to their respective values; but the tax on slaves may be laid on their general average value in the State, or on their value in classes in respect to age, sex, and other distinctive properties, in the discretion of the General Assembly, and the value be assessed in such modes as may be prescribed by law: Provided, That nothing herein contained shall prevent the exemption from taxation of soldiers in the public service, or of free males or slaves, in cases of bodily or mental infirmity, or of such real estate as hath hitherto been exempted by law.

        Read three times and passed, 25th June, 1861.

W. N. EDWARDS,
Prest. of Convention.

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS Assistant Secretary.

[No. 23.]

AN ORDINANCE TO PROVIDE FOR THE PAYMENT OF THE MILITIA WHILE IN ACTIVE SERVICE.

        Be it ordained by the Delegates of the people in Convention assembled and it is hereby ordained by the authority of the same, That the Militia who have been or may be called into the service of the State by the Governor, shall, while in actual service, receive the pay allowed by law to volunteers.

        Read three times and passed, June 26th, 1861.

W. N. EDWARDS,
Prest. of Convention,

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary,


Page 35

[No. 24.]

RESOLUTION IN FAVOR OF THE DOOR KEEPERS.

        Resolved, That the Public Treasurer be and he is authorized to pay the Principal and Assistant Door keepers of this Convention the sum of fifty dollars each, as extra compensation for the hire of servants.

        Read three times and passed, 26th of June, 1861.

W. N. EDWARDS.
Prest. of Convention.

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary.

[No. 25.]

RESOLUTION.

        Resolution, That the President of this Convention, or in case of his death, any one of the five delegates authorized in that event to call a session of the Convention, be, and he is hereby authorized and empowered, during the recess thereof, to receive the resignation of delegates, and to issue writs of election to supply vacancies thus created in such manner and at such times as to him shall seem meet; and in like manner to issue writs of elections in case of the death of any member of the Convention, in the recess, the Sheriff of the County certifying the death of the member.

        

W. N. EDWARDS,
Prest. of Convention.

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary.


Page 36

[No. 26.]

RESOLUTION.

        Resolved, That the Governor be requested to communicate to the Convention, at as early a day as practicable, a list of the appointments to office made by him since the third Monday of November, 1860; whether by and with the advice and consent of the Military board or otherwise; the dates of such appointments, and under what laws made; the manner, pay and rank of each officer, and also what appointments it will be incumbent on the Executive to make under laws of the General Assembly passed at the last regular and special session.

        Resolved, That if necessary, the Governor may employ such additional clerical force as may be necessary to furnish said information.

        

W. N. EDWARDS,
Prest. of Convention.

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary.

[No. 27]

RESOLUTION.

        Resolved, That the Volunteers and State troops tendered, accepted and employed in the public service, at any time prior to the 15th August, 1861, shall be exempt from the payment of free poll taxes for which they are now responsible, and shall not be compelled to list a taxable free white poll for this year; and the Sheriffs shall be allowed the amount of such exemptions in the settlement of their respective public accounts, by filing with the Clerk of the County Court a list, under oath, of the names of such volunteers and State troops, and it shall be the duty of the clerks of the several county Courts to certify to


Page 37

the comptroller, under their seal of office, the list of polls so filed with them.

        Read three times and passed, 26th of June, 1861.

W. N. EDWARDS,
Prest. of Convention.

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary.

[No. 28.]

RESOLUTION.

        Resolved, That the resolution heretofore passed, providing for a recess of this Convention this evening at 7 o'clock, be, and the same is hereby rescinded, and that this Convention will adjourn on Friday next at 2 o'clock, p. m., and will meet again on the 3d Monday in November next, unless sooner convened by the President, or by Thomas Ruffin, of Alamance, William A. Graham, of Orange, Bedford Brown, of Caswell, James W. Osborne, of Mecklenburg, and Asa Biggs, of Martin, members of the Convention, or any three of them, in case of his death.

        Read three times and passed, 26th of June, 1861.

W. N. EDWARDS,
Prest. of Convention.

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary.

[No. 29.]

AN ORDINANCE TO CEDE TO THE CONFEDERATE STATES, THE PROPERTY IN AND JURISDICTION OVER THE FORTS, LIGHT HOUSES, BEACONS, MARINE HOSPITALS AND MINT IN NORTH CAROLINA.

        SEC. 1. Be it ordained by the delegates of the people of North Carolina in Convention assembled, That the property in all tracts


Page 38

or parcels of land, lately held by the United States within the limits of North Carolina, on which were erected any fortifications, Light Houses, Beacons or Marine Hospitals, and also the lot in the town of Charlotte, in the county of Mecklenburg, on which is situated the buildings of the Mint, be and the same are hereby granted to, and vested in the Confederate States of America, for the like objects, uses, and purposes, for which they were formerly held by the said United States, to have and to hold the same to the said Confederate States so long as they shall severally be devoted and applied to such objects, uses and purposes, and no longer.

        SEC. 2. Be it further ordained by the authority aforesaid, That all armaments, furniture and machinery at or in any of such Fortifications, Light Houses, Beacons, Marine Hospitals, or Mint, are hereby granted to, and vested in the said Confederate States, for the objects, uses, and upon the conditions aforesaid.

        SEC. 3. Be it further ordained, That the jurisdiction of the State of North Carolina, over each and all of said tracts or parcels of land, and the buildings situate thereon, is hereby granted to the said Confederate States of America, excepting and reserving to this State the power to execute within, and upon the same, civil process in all cases, and such criminal process as may issue under her authority against persons charged with offences committed without the limits of said tracts or parcels of land such jurisdiction to be retained by the said Confederate States, so long as the said tracts or parcels of land shall be used for the purposes hereinbefore expressed, and no longer.

        Read three times and passed, 27th June, 1861.

W. N. EDWARDS,
Prest. of Convention.

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS Assistant Secretary.


Page 39

[No. 30.]

AN ORDINANCE TO PROVIDE FOR THE DISPOSITION OF THE STATE TROOPS AND VOLUNTEERS RAISED UNDER THE ACTS OF THE GENERAL ASSEMBLY, RESPECTIVELY, ENTITLED, "AN ACT TO RAISE TEN THOUSAND STATE TROOPS," RATIFIED THE 8TH DAY OF MAY, AND "AN ACT TO PROVIDE FOR THE PUBLIC DEFENCE," RATIFIED THE 10TH DAY OF MAY, 1861, AND FOR OTHER PURPOSES.

        1. Be it ordained by the Delegates of the people of North Carolina in Convention assembled, That the State troops levied under the act of the General Assembly, first aforesaid, which have been formed into regiments, with proper complements of officers and men, be, and the same are hereby transferred, by regiments, to the Confederate States of America, upon the same terms and conditions as if they had been raised under the authority of the said Confederate States.

        2. Be it further ordained by the authority aforesaid, That all levying and recruiting of troops under said act shall cease and determine from and after the 20th day of August next; and that all troops which shall have been raised under said act prior to that day, shall be organized into regiments and transferred to the Confederate States in the manner and upon the terms and conditions aforesaid. And if there shall be an excess in the number of said troops, sufficient to form a battalion, companies or company, such excess may be organized according to its appropriate numbers, and transferred in like manner.

        3. Be it further ordained, That all appointments of officers under said act, either in the line or in the staff, over and above the number appropriate to and required by the regiments, battalions and companies thus organized, shall cease and be vacated on the said 20th day of August next; and that His Excellency, the Governor, may, in his discretion, order any Quartermaster, Commissary or Medical stores, owned by the State, and not


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required for immediate use, to be turned over to the said Confederate States upon proper receipts for the articles thus delivered, to be taken by the officers accountable for the same.

        4. Be it further ordained, That all commissions to officers in the aforesaid State troops, issued by the Governor and Military Board, under the authority of the act of the General Assembly to create a Military Board, ratified the 10th day of May, 1861, who shall remain in service after the 20th day of August next; as aforesaid, are hereby ratified and confirmed, notwithstanding any provision in the Constitution of the State for a different mode of appointment.

        5. Be it further ordained, That the naval forces and vessels of the State be transferred to the Confederate States, upon the same terms and conditions that are provided as to State troops, in the second section of this ordinance, the said vessels to be paid for or accounted for upon terms to be agreed upon by the Governor with the Confederate States; and that after the 20th day of August next, all naval officers of this State shall be discharged, and all vessels of the navy not accepted by the Confederate States, shall be sold under the direction of the Governor. And whereas, the President of the Confederate States, through a communication from the Secretary of War, has informed this Convention that he will accept from this State into the service of the Confederate States, two thousand volunteers for twelve months, in addition to the four regiments already in service, and cannot accept any greater number of volunteers for twelve months.

        6. Be it therefore ordained by the authority aforesaid, That all volunteers who have been called out by the order of the Governor for twelve months, over and above the four regiments aforesaid and two thousand men, to be designated by the Governor, and tendered to the President for service as aforesaid, shall be discharged on the 20th of August next; Provided, That any of said volunteers who shall signify their desire to enlist in the State troops aforesaid or in any corps that may be called for by the President in the mean time, shall be discharged


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forthwith, to the end that they may enter such new service; and Provided further, That the Governor shall again tender such volunteers by regiments to the President of the Confederate States, and if the President shall agree to accept them or any part of them by, or before the 20th day of August next, it shall be the duty of the Governor to order them, or as many or them as the President shall accept, into the service of the Confederate States, and discharge only the residue. Provided, further, That any volunteers discharged as aforesaid shall, in addition to their pay, be allowed reasonable expenses for traveling to their several homes; and Provided, further, That the Governor may order out the Militia as volunteers or otherwise, in case of invasion or imminent danger thereof.

        7. Be it further ordained, That all provisions of the aforesaid acts of the Assembly, authorizing the raising of a greater number of men, or of a different species of force than is hereinbefore comprehended, or as are otherwise inconsistent with this Ordinance, are hereby repealed and declared of no effect.

        8. Be it further ordained, That the act of the General Assembly entitled "an act to create a Military Board," be, and the same is hereby repealed from and after the 20th day of August next; Provided, That the office of Military Secretary shall be continued until the 20th day of September next, for the purpose of settling the Military accounts.

        9. Be it further ordained, That no oath shall be required to be taken by the officers or soldiers of any of the forces aforesaid, except the oath of allegiance to the State of North Carolina, prior to their being mustered into the service of the Confederate States; but each man shall be held and deemed to be in the military service and subject to the rules and articles of war of the Confederate States from the time of his signing the articles of enlistment.

        10. Be it further ordained, That it shall be the duty of the Governor to take immediate measures, and issue the necessary orders to carry into effect the foregoing provisions of this ordinance.


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        SEC. 11. Be it further ordained, That this ordinance may be amended, modified or repealed by the General Assembly, so far as regards the discharge of the twelve months volunteers which may not have been accepted by the Government of the Confederate States.

        Read three times and passed, 27th of June, 1861.

W. N. EDWARDS,
Prest. of Convention.

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary.

[No. 31.]

AN ORDINANCE TO SECURE TO CERTAIN OFFICERS AND SOLDIERS THE RIGHT TO VOTE.

        SECTION. 1. Be it ordained by this Convention and it is hereby ordained by authority of the same, That all officers and soldiers in the service of the State, or of the Confederate States, who are of the age of twenty-one years, and who are citizens of this State, or who, if within the State, shall be absent from their respective counties at elections hereafter to be held, if the exigencies of the times shall permit, shall be entitled to vote for Sheriffs, Clerks of the County and Superior Courts, and members of the General Assembly for their respective counties; and shall also be entitled to vote for Governor, Electors, for President and Vice-President of the Confederate States, and for members of the Confederate Congress for their respective districts.

        SEC. 2. Be it further ordained, That three free-holders of the respective companies, under the direction of the commanding officers of the regiments to which they belong, shall open polls on Thursday before the day appointed for holding elections in this State, and said elections shall be conducted in all respects according to the laws of this State. The three free-holders


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aforesaid shall prepare a fair copy of the votes polled, and shall transmit the same with the list of voters to the Sheriffs of their respective counties; and where officers and soldiers in the same companies shall vote in different counties or different Congressional districts, the said free-holders shall specify accordingly, and make returns to the Sheriffs of the different counties above referred to.

        SEC. 3. Be it further ordained, That the Sheriffs of the respective counties of this State shall count the votes of the said officers and soldiers, if received within seven days after the elections; and they shall not declare the result of the said election until the seven days above mentioned shall have expired.

        SEC. 4. Be it further ordained, That this ordinance shall be in force from and after the day of its ratification; Provided, This ordinance shall be in force during the existence of the present war with the United States and no longer.

        Read three times and passed, 25th of June, 1861.

W. N. EDWARDS,
Prest. of Convention.

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary.

[No. 32.]

RESOLUTION.

        Ordered, That the Secretary cause five hundred copies of all the Ordinances and Resolutions having the force of laws adopted at this session, to be printed in pamphlet form; the said ordinances and resolutions to be inserted in the order of their dates, and in the form in which they stand enrolled: Two copies of the same to be distributed to each member of the Convention, one to each of the officers; twenty-five to be deposited in the office of the Secretary of State; ten to be delivered to the


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Clerk of the Supreme Court for the use of the Court; one to each of the Superior Court Judges and solicitors; the residue to be retained, subject to further order.

        Read three times and passed, June 27th, 1861.

W. N. EDWARDS,
Prest. of Convention.

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary,

[No. 33.]

RESOLUTION.

        Resolved, That His Excellency, the Governor, be requested, and the Treasurer be directed, to execute and deliver to the Wilmington, Charlotte and Rutherford Railroad Company, the amount of coupon State bonds to which the said corporation was entitled on the 1st day of April last, for work before that time accomplished: Provided, The same shall be accepted by the said corporation at their par value: Provided, This resolution shall not be construed to authorize or direct the Governor and Treasurer to issue any other State bonds to any other corporation in this State, unless, in his judgment, he may consider it his duty to do so under the requirements of law.

        Read three times and passed, 28th June, 1861.

W. N. EDWARDS,
Prest. of Convention.

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary.


Page 45

[No. 34.]

AN ORDINANCE TO PROVIDE THE WAYS AND MEANS FOR THE DEFENCE OF THE STATE.

        SEC. 1. Be it ordained,& c., That the sum of three millions two hundred thousand dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated to meet the demands on the Public Treasury for the next ensuing two years, which sum shall be raised and provided for in the way and manner following:

        SEC. 2. Be it further ordained, That the Public Treasurer is hereby authorized and required to have suitably prepared, and to issue Treasury notes, payable to bearer upon the faith and credit of the State, to the amount of two hundred thousand dollars, of the various denominations of ten, twenty-five and fifty cents, in the following proportions, to wit: forty thousand dollars in notes or bills of ten cents, sixty thousand dollars in bills or notes of twenty-five cents, and one hundred thousand dollars in notes or bills of fifty cents, which said notes shall be receivable in payment of public dues; shall bear no interest; shall be made payable to bearer, and be signed by the public Treasurer, or by some person to be by him duly authorized and appointed to sign the same, and who shall receive a reasonable compensation for such service, to be paid out of the Public Treasury, and shall be redeemable on or before the first day of January, 1866. Provided, however, That no such notes shall be issued before the first day of March next, and that the General Assembly may make provision for the redemption of said notes before the time specified, or may extend the time of redemption, as in their judgment the public may require. The public Treasurer and Comptroller shall each provide a book in which shall be kept an accurate account of all the notes of the various denominations paid out under the provisions of this ordinance, and also an accurate account of all sums returned to the Treasury; which books shall at all times be open to the inspection of the General Assembly, and for the keeping of such


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books, they may, if absolutely necessary, be allowed to employ some suitable person to act as clerk.

        SEC. 3. Be it further ordained, That the public Treasurer of the State be, and he is hereby authorized and directed to negotiate a loan or loans, with the several banks of this State, or with private individuals, in such sums and at such times as he may deem necessary and proper, to an amount not exceeding, in the aggregate, the sum of three millions of dollars, including the amount already borrowed of the banks of this State, under the provisions of an act passed at the last session of the General Assembly, entitled "An act to provide ways and means for the public defence"--for which the said public Treasury shall issue the bonds of the State bearing six per cent. interest, and payable twelve months after the date thereof; and should the public Treasury not be prepared to pay the same at maturity, he is hereby authorized to renew the same on such terms and for such times as he may think proper, or to negotiate new loans in lieu thereof, and he, the public Treasurer, shall keep a true and accurate account of all such loans, and make report thereof to the General Assembly from time to time.

        SEC. 4. Be it further ordained, That those banks in this State who shall loan to the State their pro rata amount of the sum hereby authorized to be borrowed of them, whose charters forbid their issuing bills of a less denomination than five dollars, be, and they are hereby authorized to issue bills of the denominations of one dollar, two dollars, and two dollars and a half, to the extent of five per cent. of their capital stock actually paid in, Provided, That the same shall not be construed to authorize the said banks to issue an aggregate amount of circulation greater than that now authorized by their charter. This authority hereby granted to issue bills of the denominations of one dollar, two dollars, and two dollars and a half shall cease whenever the General Assembly shall provide and direct, upon the payment to the banks, the principal and interest of the sums borrowed of them under the provisions of this ordinance.

        SEC. 5. Be it further ordained, That no bank of this State shall be required to resume specie payments, whilst any portion


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of the amounts herein authorized to be borrowed from such banks shall remain unpaid.

        SEC. 6. Be it further ordained, That if any person shall falsely make, forge or counterfeit, or cause the same to be done, or willingly aid or assist therein, any Treasury note in imitation of, or purporting to be a Treasury note or bond issued by authority of this act, with the intent to defraud the State, or corporations or other persons; the person so offending shall be deemed guilty of felony, and on conviction thereof in the Superior Court, he shall be adjudged to stand in the pillory one hour and receive thirty-nine lashes on his bare back, and be imprisoned not less than six months, nor more than three years, and fined at the discretion of the court, and all or any of such punishments may, at the discretion of the court, be inflicted.

        SEC. 7. Be it further ordained, That if any person, either directly or indirectly, whether for the sake of gain, or with intent to defraud or injure any other person, shall utter or publish any false, forged, or counterfeit notes as mentioned in the preceding section, or shall pass or deliver, or attempt to pass or deliver, the same to another person, knowing the same to be falsely forged or counterfeited, the person so offending shall, on conviction thereof in the Superior Court, be punished in like manner as is provided in the preceding section of this ordinance.

        SEC. 8. Be it further ordained, That this ordinance, or any portion of it, may hereafter be altered, modified or repealed by the General Assembly, provided nothing contained in this section shall be construed to divest any rights accruing to the banks or other parties without their consent.

        SEC. 9. Be it further ordained, That the act passed at the late session of the General Assembly entitled "An act to provide ways and means for the public defence," ratified the 11th day of May, 1861, be, and the same is hereby abrogated and annulled.

        Read three times and passed, 28th of June, 1861.

W. N. EDWARDS,
Prest. of Convention.

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary.


Page 48

[No. 35.]

AN ORDINANCE TO AMEND AN ORDINANCE PASSED AT THE PRESENT SESSION OF THIS CONVENTION, ENTITLED "AN ORDINANCE TO PROVIDE FOR A BOARD OF CLAIMS."

        Be it ordained, That the ordinance passed at the present session, entitled "An ordinance to provide for a Board of Claims," ratified on the 8th day of June, 1861, be, and the same is hereby so amended and modified as to provide that the said Board of Claims, shall report the result of their action on such claims as they may allow, to the General Assembly, at its next session, and that the General Assembly is hereby authorized to pass finally on such allowed claims, and make provision for their immediate payment, and that all such claims as may not be reported to and passed upon by the General Assembly, shall be reported to the Convention at its adjourned session in November for the final action of said Convention.

        Read three times and passed, 28th June, 1861.

W. N. EDWARDS,
Prest. of Convention.

Teste:

WALTER L. STEELE, Secretary,

L. C. EDWARDS, Assistant Secretary.