North Carolina. Constitutional Convention (1835). Journal of the Convention, Called by the Freemen of North-Carolina, to Amend the Constitution of the State, Which Assembled in the City of Raleigh, on the 4th of June, 1835, and Continued in Session Until the 11th Day of July Thereafter

Journal of the Convention, Called by the Freemen of North-Carolina,
to Amend the Constitution of the State, Which Assembled in
the City of Raleigh, on the 4th of June, 1835, and Continued in
Session Until the 11th Day of July Thereafter:
Electronic Edition.

North Carolina. Constitutional Convention (1835)

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University of North Carolina at Chapel Hill,
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(title page) Journal of the Convention, Called by the Freemen of North-Carolina, to Amend the Constitution of the State, Which Assembled in the City of Raleigh, on the 4th of June, 1835, and Continued in Session Until the 11th Day of July Thereafter
North Carolina. Constitutional Convention (1835)
106 p.
Raleigh:
PRINTED BY J. GALES & SON, PRINTERS TO THE CONVENTION.
1835.

Call number C342.2 1835j c. 3 (North Carolina Collection, University of North Carolina at Chapel Hill)

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Revision History:

2002-11-20,
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revised TEIHeader and created catalog record for the electronic edition.
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[Title Page Image]

JOURNAL
OF
THE CONVENTION,
CALLED
By the Freemen of North-Carolina,
TO AMEND
THE CONSTITUTION OF THE STATE,
WHICH ASSEMBLED
In the City of Raleigh, on the 4th of June, 1835,
AND CONTINUED IN SESSION
Until the 11th day of July thereafter.

Raleigh:
PRINTED BY J. GALES & SON,
PRINTERS TO THE CONVENTION.
1835.

Page 3

JOURNAL OF THE CONVENTION.

At a CONVENTION begun and held in the City of Raleigh, on Thursday, the fourth day of June, in the year of our Lord one thousand eight hundred and thirty-five, and in the fifty-ninth year of the Independence of the United States of America, the following Delegates elect appeared and produced their credentials:

Anson--William A. Morris, Joseph White.
Ashe--Alexander B. McMillan, George Bower.
Beaufort--Joshua Tayloe, Richard H. Bonner.
Bertie--David Outlaw, Joseph B. G. Roulhac.
Bladen--John Owen, Samuel B. Andres.
Brunswick--Frederick J. Hill, William R. Hall.
Buncombe--David L. Swain, James Gudger.
Burke--Burges S. Gaither.
Cabarrus--Daniel M. Barringer, Christopher Melchor
Carteret--Wallace H. Styron.
Caswell--William A. Lea, Calvin Graves.
Chatham--Joseph Ramsay, Hugh McQueen.
Columbus--Alexander Troy, Absalom Powell.
Craven--William Gaston, Richard D. Spaight.
Cumberland--John D. Toomer, Archibald McDiarmid.
Currituck--Gideon C. Marchant, Isaac Baxter.
Davidson--John A. Hogan, John L. Hargrave.
Duplin--Jeremiah Pearsall, John E. Hussey.
Edgecomb--Louis D. Wilson, Phesanton S. Sugg.
Franklin--Henry J. G. Ruffin, William P. Williams.
Granville--Robert B. Gilliam, Josiah Crudup.
Greene--Jesse Speight, Thomas Hooker.
Guilford--John M. Morehead, Jonathan Parker.
Halifax--John Branch.
Haywood--William Welch, Joseph Cathey.
Hertford--Isaac Pipkin, Kenneth Rayner.
Hyde--Wilson B. Hodges, Alexander F. Gaston.
Iredell--Samuel King, John M. Young.
Johnston--Jesse Adams, Hillory Wilder.
Jones--William Huggins, James W. Howard.
Lincoln--Bartlett Shipp, Henry Cansler.
Macon--Benjamin S. Brittain, James W. Guinn.
Martin--Jesse Cooper, Asa Biggs.
Montgomery--John B. Martin, James L. Gaines.
Moore--John B. Kelly, Charles Chalmers.
Page 4
Nash--John Arrington, William W. Boddie.
New-Hanover--Lewis H. Marsteller.
Northampton--Roderick B. Gary.
Orange--James S. Smith, William Montgomery.
Pasquotank--Richard H. Ramsay.
Perquimons--Jonathan H. Jacocks.
Person--Moses Chambers, John W. Williams.
Pitt--Robert Williams, sen. John Joiner.
Randolph--Alexander Gray, Benjamin Elliott.
Richmond--Alfred Dockery, Henry W. Harrington.
Robeson--John W. Powell, Richard C. Bunting.
Rockingham--Edward T. Brodnax, John L. Lesueur.
Rowan--Charles Fisher, John Giles.
Rutherford--Joseph McD. Carson, Theodorick F. Birchett.
Sampson--William B. Meares, Thomas I. Faison.
Stokes--Matthew R. Moore, Emanuel Shober.
Surry--Meshack Franklin, William P. Dobson.
Tyrrell--Hezekiah G. Spruill, Joseph Halsey.
Wake--Henry Seawell, Kimbrough Jones.
Warren--Nathaniel Macon, Weldon N. Edwards.
Washington--Joseph C. Norcom.
Wayne--Gabriel Sherard, Lemuel H. Whitfield.
Wilkes--Edmund Jones, James Wellborn.

A question arising upon taking the Oath set forth in the Act of the General Assembly, passed in 1834, entitled "An Act concerning a Convention to amend the Constitution of the State of North-Carolina,"

Mr. Wilson moved that a Chairman pro tempore be appointed.

The proposition was concurred in, and on motion of Mr. Edwards, Mr. Swain was unanimously appointed.

Mr. Seawell, after some time spent in the discussion of the question, moved that the meeting adjourn until to-morrow morning, 10 o'clock; which was decided in the negative.

Mr. Smith moved that the meeting now proceed to the organization of the Convention, by taking the Oath prescribed by law; which was decided in the affirmative. Yeas 86--Nays 22.

Those who voted in the affirmative were

Messrs. Morris, White, McMillan, Bower, Tayloe, Bonner, Outlaw Roulhac, Owen, Andres, Swain, Gudger, Barringer, Melchor, Lea, Graves Ramsay, (Chatham,) McQueen, Troy, Powell, (Columbus,) Gaston, (Craven,) Spaight, (Craven,) Toomer, McDiarmid, Marchant, Baxter, Hogan, Hargrave, Pearsall, Hussey, Ruffin, Williams, (Franklin,) Gilliam, Crudup, Morehead, Parker, Branch, Welch, Cathey, King, Young, Adams, Wilder, Huggins, Howard, Shipp, Cansler, Brittain, Guinn, Martin, Gaines, Kelly, Chalmers, Boddie, Gary, Smith, Montgomery, Ramsay, (Pasquotank,) Chambers, Williams, (Person,) Gray, Elliott, Dockery, Harrington, Brodnax, Lesueur, Fisher, Giles, Carson, Birchett, Meares, Faison, Moore, Shober, Franklin, Dobson, Seawell, Jones, (Wake,) Macon, Edwards,

Page 5

Norcom, Sherard, Whitfield, Jones, (Wilkes,) Wellborn and Gaither--86 Yeas.

Those who voted in the negative were

Messrs. Hill, Hall, Rayner, Biggs, Williams, (Pitt,) Spruill, Styron, Wilson, Hodges, Arrington, Joiner, Halsey, Sugg, Speight, (Greene,) Gaston, (Hyde,) Marsteller, Powell, (Robeson,) Hooker, Pipkin, Cooper, Jacocks and Bunting--22 Nays.

The members present then took and subscribed the Oath before J. Busbee, Esq. a Justice of the Peace of the county of Wake.

A quorum being present, on motion of Mr. Branch,

NATHANIEL MACON, a Delegate from the county of Warren, was unanimously chosen President of the Convention.

Mr. Macon was conducted to the Chair by Messrs. Branch and Owen, from which he made his acknowledgements to the Convention in an appropriate address.

On motion of Mr. Morehead,

Resolved, That Messrs. Swain, Seawell and Jones, (Wake,) be appointed a Committee to ascertain and report whether a more convenient place can be procured in or near the City of Raleigh, for the sittings of this Convention, than the room provided in the Government House.

Mr. Owen moved that the Convention proceed to the appointment of two Secretaries and a Clerk--and pending this question,

On motion, the Convention adjourned until to-morrow morning, 10 o'clock.

FRIDAY, JUNE 5, 1835.

The Convention met pursuant to adjournment,

The following Delegates appeared, produced their credentials, were qualified, and took their seats:

Carteret--James W. Bryan.
Camden--Willie McPherson, George Ferebee.
Ouslow--David W. Saunders, John A. Averitt.
Pasquotank--John L. Bailey.
Perquimous--Jesse Wilson.

On motion, the Convention resumed the subject of appointing Secretaries and a Clerk, as the unfinished business of yesterday.

On motion of Mr. Fisher, the original motion was amended so as to read, "that the Convention proceed to appoint a Secretary and an Assistant Secretary."

The motion, as amended, was agreed to.

Mr. Owen moved that William J. Cowan be appointed Secretary; and Mr. Fisher moved that Edmund B. Freeman be added to the nomination.

Page 6

The Convention thereupon proceeded to ballot, under the superintendence of Messrs. Owen and Fisher, who, upon collecting and counting the ballot, reported that Edmund B. Freeman had received a majority of the whole number of votes, and was duly elected.

Mr. Marsteller nominated Joseph D. Ward for Assistant Secretary, and Mr. Wellborn moved that Thomas L. West be added to the nomination. A balloting was then had, under the superintendence of the same Tellers, who, upon counting the votes, reported that Joseph D. Ward was duly elected.

On motion of Mr. Wellborn, the Convention proceeded to the appointment of a Door-keeper and an Assistant Door-keeper; whereupon Green Hill and John Cooper were appointed.

On motion of Mr. Spaight, of Craven,

Resolved, That a Committee consisting of seven members be appointed by the President to draw up Rules for the government of the Convention.

Whereupon, the President appointed Messrs. Spaight, of Craven, Fisher, Branch, Speight, of Greene, Wellborn, Smith and Troy, to compose said Committee.

Mr. Giles presented the following Resolution:

Resolved, That the Convention proceed to the election of a Printer.

Mr. McDiarmid moved to amend the Resolution by striking out all after the word "Resolved," and inserting in lieu thereof the following:

"That the Public Printer of the State be employed to execute the printing necessary for the Convention at the same rates which the printing of the State is executed."

Mr. Smith moved to amend the amendment, by striking out all after the word "that" and inserting in lieu thereof the following:-- "A Committee of three Delegates be appointed to contract with some suitable person for the printing required by this Convention."

And the question being had thereon, it was rejected.

The question was then taken on agreeing to the amendment proposed by Mr. McDiarmid, and determined in the negative.

Mr. Ramsay, of Chatham, moved to strike out all after the word "Resolved," in the original Resolution, and insert as follows:

"That this Convention proceed to elect a Printer to execute the printing of this Convention, during its session, and that he be allowed agreeably to the rule of charging which generally governs Printers."

This amendment was rejected; and thereupon the question recurred upon the adoption of Mr. Giles' Resolution, which was determined in the affirmative.

Mr. Wellborn nominated Gales & Son for Printers; and thereupon, a balloting was had, under the superintendence of Messrs. Spaight, of Craven, and Chambers, who reported that Gales & Son had received a majority of all the votes given in, and were duly elected. The report was concurred in.

On motion of Mr. Shober,

Page 7

Resolved, That the Printers to the Convention furnish copies of the Acts of the General Assembly of 1834, relating to the call of a Convention: one copy for each Delegate.

On motion of Mr. King,

Resolved unanimously, That each day of the session of this Convention be opened by prayer to Almighty God for his blessing; and that all regular Preachers of the Gospel, of any denomination, who may be present during the session, be requested to take a seat within the bar of this House during prayer; one of whom shall be requested by the President to perform that service.

Mr. Morehead submitted the following Resolutions:

Resolved, That so much of the Act of the last Legislature, entitled "An Act concerning a Convention to amend the Constitution of the State," which has been ratified by the people of the State of North-Carolina, as provides for fixing the number of Senators, and for apportioning and arranging the Senatorial Districts, be referred to a Committee.

Resolved, That so much of the before recited Act, as provides for fixing the number of members in the House of Commons, and the ratio of Representation, be referred to a Committee.

Resolved, That so much of the before recited Act, as authorises the Convention to consider the propriety of biennial, instead of annual meetings of the General Assembly, be referred to a Committee.

Resolved, That so much of the before recited Act, as authorises the Convention to provide for the election of the Governor of the State, by the qualified voters for the members of the House of Commons, be referred to a Committee.

Mr. Harrington submitted the following Resolution:

Resolved, That a Committee of Delegates be appointed to frame, devise and report to this Convention, amendments to the Constitution, conformably to the provisions of the 13th section of the Act of Assembly, passed in 1835, which has been ratified by the people, so far as respects the Representation in the Senate and House of Commons; and the qualifications of the members and of the electors of members of each branch of the Legislature.

Mr. Jacocks submitted the following:

Resolved, That a Committee be appointed, composed of members from each of the Judicial Districts of the State, to be nominated after consulation, by a majority of the Delegates from their respective Districts; whose duty it shall be to report to this Convention, at as early a day as may be possible, the votes taken in each county in the State at the opening of the polls, on the 1st and 2d of April last, upon the Convention question.

The number of white persons in each county, agreeably to the last enumeration by the United States.

The number of slaves and persons of color also.

The "Federal population" of each county, according to said enumeration.

The number of white polls, black polls, and free persons of colour, also,

Page 8

in each county, agreeably to the last returns to the Comptroller's office.

And the amount of taxes from every source, separately designated, paid into the Treasury of the State, agreeably to the last returns.

That the said Committee may sit during the business hours of this Convention, and may send for persons and papers.

Mr. Edwards submitted the following:

Resolved, That a Committee of members be appointed to consider and report the manner in which it will be expedient to take up the business of this Convention.

These Resolutions were severally read and ordered to lie on the table; and on motion of Mr. Speight, of Greene, ordered to be printed.

On motion of Mr. Wellborn,

Resolved, That the President be requested to assign seats to such Reporters as may wish to take down the proceedings of this Convention.

Mr. Giles introduced the following Resolution, which was read and ordered to lie on the table:

Resolved, That a Committee of three be appointed to prepare and cause to be printed for the use of the Convention, the Census of this State for 1820 and 1830, with a Tabular Statement of the Public Taxes, white and black polls, also, the federal numbers of the counties of this State, to be compiled from the Revenue Lists of 1831, 1832 and 1833.

Mr. Swain, from the Committee appointed to ascertain whether a more convenient place could be procured for the sittings of this Convention, reported that the proper Officers of the Methodist and Presbyterian Churches had each tendered the use of their buildings.

And thereupon, Mr. Swain moved that when the Convention adjourns, it adjourn to meet to-morrow at 12 o'clock, in the Presbyterian Church; which was agreed to.

On motion, the Convention adjourned.

SATURDAY, JUNE 6, 1835.

The Convention met pursuant to adjournment.

The following Delegates appeared, produced their credentials, were qualified, and took their seats:

Halifax--Joseph J. Daniel.
Northampton--Samuel Calvert.
Gates--Riddick Gatling, Whitmel Stallings.
Lenoir--James Cox.
Mecklenburg--James M. Hutcheson, Isaac Grier.
Yancy--Abner Jervis, Bacchus J. Smith.

Mr. McQueen submitted the following Resolution, which lies on the table:

Page 9

Resolved, That a Committee of two Delegates, to be chosen from each Congressional District in the State, be appointed by the Chair, to consider so much of the thirteenth clause of the act passed at the last session of the General Assembly, amendatory of the Constitution, as relates to the subject of Representation, and that they report to the Convention.

Mr. Shober submitted the following Resolution, which lies on the table:

Resolved, That as far as regards representation in the Senate, it be referred to a Committee to consist of two members from each Congressional District in the State. That as far as regards representation in the House of Commons, it be referred to a Committee to consist of two members from each Congressional District in the State. That the other points laid down in the Convention Act, as adopted by the people, be taken up in Committee of the Whole, and be there considered article by article.

Mr. King introduced the following Resolution, which lies on the table:

Resolved, That as many copies of Journals of the proceedings of the Convention that ratified the Constitution of the United States, or those copies of Journals of the Convention of the State of North-Carolina that ratified our present Constitution, or the Convention Journals of any State in our Union, that may be within the knowledge of any member, be tendered for the information of this Convention, and to be disposed of hereafter as may be directed.

On motion of Mr. Edwards, the Convention took up for consideration the following Resolution:

Resolved, That a Committee of members be appointed to consider and report the manner in which it will be expedient to take up the business of this Convention.

On motion of Mr. Swain, the blank was filled with "thirteen;" and the Resolution was adopted.

Whereupon, the President appointed as the Committee, Messrs. Bailey, Branch, Williams, of Pitt, Gaston, of Craven, Meares, Edwards, Toomer, Smith, of Orange, Morehead, Fisher, Barringer, Swain and Franklin.

On motion of Mr. Morehead, the Convention took up for consideration, the Resolutions introduced by him on yesterday.

On motion of Mr. Daniel,

Ordered, that the Resolutions lie upon the table.

On motion of Mr. Giles, the Convention took up for consideration and adopted the following Resolution:

Page 10

Messrs. Giles, Smith, of Orange, and Jacocks form the Committee.

On motion, the Convention adjourned until Monday morning, 10 o'clock.

MONDAY, JUNE 8, 1835.

The Convention met pursuant to adjournment. Prayer by the Rev. Dr. McPheeters, of the Presbyterian Church.

The following Delegates appeared, produced their credentials, were qualified, and took their seats:

Chowan--Joseph B. Skinner and Samuel T. Sawyer.
Washington--Josiah Collins, jun.
New-Hanover--Owen Holmes.

Mr. Spaight, of Craven, from the Committee heretofore appointed to prepare Rules of Order for the government of the Convention, reported the following, to-wit:

1. When the President takes the Chair, each member shall take his seat, and on the appearance of a quorum, the Journal of the preceding day shall be read.

2. When any member is about to speak in debate, or deliver any matter to the Convention, he shall rise from his seat and respectfully address himself to the President, and shall confine himself to the question under debate, and avoid personality. And when two or more members happen to rise at once, the President shall name the one who is first to speak. No member shall speak oftener than twice on the same question, without leave of the Convention. And when any member is speaking, he shall not be interrupted by any person, either by speaking, or by standing, or passing between him and the Chair.

3. If any member, in speaking, or otherwise, transgress the rules of the Convention, the President shall, or any member may call to order; in which case, the member so called to order shall immediately sit down, unless permitted to explain; and the Convention shall, if appealed to, decide on the case, but without debate. If there be no appeal, the decision of the Chair shall be submitted to. If the decision be in favor of the member called to order, he shall be at liberty to proceed; if otherwise, and the case require it, he shall be liable to the censure of the Convention.

4. If any member be called to order for words spoken, the exceptionable words shall immediately be taken down in writing, that the President may be better enabled to judge of the matter.

5. When a question is under debate, no motion shall be received but to adjourn, to lie on the table, to postpone indefinitely, to postpone to a day certain, to commit, or to amend; which several motions

Page 11

shall have precedence in the order they stand arranged, and the motion for adjournment shall always be in order.

6. Whenever a question shall be divisible, upon motion, the same shall be divided; and the question shall be put upon the several parts into which it is divided, according to the order in which they arise, unless the decision of the one shall preclude the other.

7. The President shall state the question sitting, but shall put the same standing. Questions shall be distinctly put in this form:--"As many as are of opinion that (as the case may be) say aye; and and after the affirmative voice is expressed--"As many as are of a contrary opinion, say no." If the President doubt as to the voice of the majority, or a division of the question be called for, the Predent shall call on those in the affirmative of the question to rise from their seats, and afterwards those in the negative. If the President still doubt, or a count be required, the President shall name two members, one from each side, to tell the number in the affirmative; which being reported, he shall then name two others, one on each side, to tell those in the negative; which being also reported, he shall state the division to the Convention, and announce its decision. No member who was without the bar of the Convention when any question was put from the Chair, shall enter his yea or nay without leave, unless he shall have been absent on some Committee or business of the Convention, by leave of the same.

8. The Yeas and Nays of the Members of the Convention, on any question, shall, at the desire of one-fifth of those present, be taken and entered on the Journal of the Convention.

9. When any member shall make a motion which is not one of course, he shall reduce the same to writing, if required.

10. In all cases, whether by ballot or otherwise, the President shall be entitled to a vote; and when the votes, affirmative and negative, upon any question, shall be equal, the question shall be lost.

11. When a question has been once decided, it shall be in order for any member in the majority to move for a reconsideration thereof, on the same or succeeding day.

12. After a proposition or ordinance has been once rejected on postponed indefinitely, another of like provisions shall not be introduced during the session of this Convention.

13. Every proposition to amend the Constitution of the State of ordinance proposed, shall be read three several times, and passed three several readings, which readings shall be on three several days before it shall become the act or ordinance of the Convention. The first reading shall be for information only, and the proposition [page cut off] proposed ordinance shall not then be open to amendment or debate and no question shall be put on that reading, but the same shall, after being read, be declared by the President to have passed its first reading. Upon the second and third readings, the proposition proposed ordinance shall be open to amendment and debate.

Page 12

14. The President shall designate the members who shall compose all Committees, except when otherwise ordered; and the Committees of this Convention shall consist of five members, unless the Convention shall otherwise determine.

15. When the Convention resolves itself into a Committee of the Whole, the President shall leave the Chair and appoint a Chairman; and when at any time the President shall wish or be disposed to leave the Chair, he shall have power to appoint a President pro tem.

16. In case of any disturbance or disorderly conduct in the Gallery or Lobby, the President or Chairman of the Committee of the Whole Convention, shall have power to have the same cleared.

17. No person shall come upon the floor where the Convention holds its sessions, during the session of the same, except Ministers of the Gospel who have been invited by the Convention; but the Galleries are declared open for the accomodation of all persons.

18. Any member dissatisfied with the decision of the President, on any question of order, may appeal to the Convention.

19. When the Convention adjourns, the members shall keep their seats until the President leaves the Chair.

20. Motions for adjournment, and to lie on the table, shall be decided without debate.

21. All cases which may arise, not embraced within the foregoing Rules, shall be determined according to the Parliamentary usages, as laid down by JEFFERSON, in his MANUAL.

22. The Rules for the government of the Convention shall not be amended or altered, without giving at least one day's notice of such amendment or alteration, except by the consent of two thirds of the members present.

The foregoing Rules were read and adopted; and on motion of Mr. Speight, of Greene, ordered that two hundred copies be printed for the use of the Convention.

On motion of Mr. Morehead,

Ordered, That the regular hour to which this Convention shall stand adourned, be 10 o'clock, A. M. unless otherwise ordered.

Mr. Gaston, of Craven, from the Committee of Thirteen, made the following Report:

The Committee who were appointed by the Convention to consider and report the manner in which it will be expedient to take up the business of the Convention, respectfully report:

It appears to your Committee that the business of the Convention till be most conveniently brought before the Convention by their Proceeding to consider and act upon the following Resolutions, which are therefore reported simply as presenting a plan of operations, [page cut off] not as indicating an opinion on the merits of the Resolutions:--

Page 13

1. Resolved, That so much of the Act, entitled "An Act concerning a Convention to amend the Constitution of the State," which Act has been ratified by the people, as directs amendments to be made to the Constitution of this State, so as to reduce the number of the members of the Senate to not less than thirty-four, nor more than fifty, to be elected by districts, to be laid off at convenient and prescribed periods by counties in proportion to the public taxes paid into the Treasury of the State by the citizens thereof; also, so much of said Act as directs an amendment to be made to the said Constitution, whereby to reduce the number of members in the House of Commons to not less than ninety, nor more than one hundred and twenty, exclusive of Borough Members, to be apportioned according to federal population; and also so much thereof as relates to the residence and qualification of persons voting for a Senator and of persons eligible to the Senate, be referred to a Committee of 13 members, one of whom shall be selected from each of the Congressional Districts of this State, with instructions to frame and report the amendments as by said Act required.

2. Resolved, That so much of the said Act as directs a mode to be prescribed for the ratification of such amendments as may be recommended by the Convention; also, so much thereof as directs necessary ordinances and regulations to be prescribed for the purpose of giving operation and effect to the Constitution as altered and amended; and also so much thereof as directs that the Convention shall provide in what manner amendments shall in future be made to the said Constitution; be referred to a Committee of thirteen members, to be selected as in the foregoing Resolution, with instructions to frame and report the necessary provisions for the purpose of carrying the said directions into execution.

3. Resolved, That a Committee be appointed to enquire and report whether any, and if any, what amendments are proper to be made to the Constitution of this State, as to the exclusion in whole, or in part, of Borough Members from the House of Commons.

4. Resolved, That a Committee be appointed to enquire and report whether any, and if any, what amendments are proper to be made to the said Constitution, as to the abrogation or restriction of the right of free negroes or mulattoes to vote for members of the Senate or House of Commons.

5. Resolved, That a Committee be appointed to enquire and report whether any, and if any, what amendments are proper to be made to the said Constitution, to disqualify members of the Assembly, and officers of the State, or those who hold places of trust under the authority of this State, from being or continuing such while they hold any other office or appointment under the government of this State, or the United States, or any other Government.

6. Resolved, That a Committee be appointed to enquire and report whether any, and if any, what amendments should be made to the said Constitution, so as to make the capitation tax on slaves and free white polls equal.

7. Resolved, That a Committee be appointed to enquire and report whether any, and if any, what amendments be necessary in the mode of appointing and removing from office Militia Officers and Justices of the Peace.

8. Resolved, That a Committee be appointed to enquire and report whether any, and if any, what amendments be proper to compel members of the General Assembly to vote viva voce, in the election of officers.

9. Resolved, That a Committee be appointed to enquire and report whether

Page 14

any, and if any, what amendments be proper to be made in the 32d Article of the Constitution.

10. Resolved, That a Committee be appointed to enquire and report whether any, and if any, what amendments be proper to be made in the Constitution for supplying vacancies in the General Assembly, occurring before the meeting of the General Assembly.

11. Resolved, That a Committee be appointed to enquire and report whether any, and if any, what amendments be proper to provide for biennial instead of annual meetings of the General Assembly, and for the biennial instead of tri-annual election of Secretary of State.

12. Resolved, That a Committee be appointed to enquire and report whether any, and if any, what amendments, be proper to provide for the election of Governor by the qualified voters for members of the House of Commons, and prescribing the term for which he may be elected, and the number of terms during which he shall be eligible.

13. Resolved, That a Committee be appointed to enquire and report whether any, and if any, what amendments may be proper, providing that the Attorney General shall be elected for a term of years.

14. Resolved, That a Committee be appointed to enquire and report whether any, and if any, what amendments should be made providing a tribunal whereby Judges of the Supreme and Superior Courts and other Officers of the State, may be impeached and tried for corruption and mal-practices in office.

15. Resolved, That a Committee be appointed to enquire and report whether any, and if any, what amendments should be made vacating the office of a Justice of the Peace, and disqualifying him from holding such appointment upon conviction of an infamous crime, or of corruption and mal-practice in office.

16. Resolved, That a Committee be appointed to enquire and report whether any, and if any, what amendments should be made, providing for the removal of any of the Judges of the Supreme or Superior Courts for mental or physical inability, upon a concurrent Resolution of two-thirds of both branches of the Legislature.

17. Resolved, That a Committee be appointed to enquire and report whether any, and if any, what amendments should be made, providing that the salaries of the Judges shall not be diminished during their continuance in office.

18. Resolved, That a Committee be appointed to enquire and report whether any amendments ought to be made, and if so, what amendments are proper, to provide against unnecessary private legislation.

19. Resolved, That a Committee be appointed to enquire and report whether it be proper to make any amendment, and if so, what amendment, so as to provide that no Judge of the Supreme Court shall be eligible to any office, nor any Judge of the Superior Court to any other office than that of Judge of the Supreme Court, while retaining his judicial appointment.

On motion of Mr. Dockery,

Ordered, That the said Report be printed.

On motion of Mr. Swain, the Committee took up for consideration the 1st and 2d Resolutions.

Mr. Wilson, of Perquimons, moved to amend the 1st Resolution

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by striking out the words "thirteen members, one of whom shall be selected from each of the Congressional Districts," and inserting the words "twelve members, two of whom shall be selected from each Judicial District.

The question thereon was decided in the negative. Yeas 51--Nays 75.

The Yeas and Nays were ordered by one fifth of the members present, on the call of Mr. Wilson, of Perquimons.

Those who voted in the affirmative were

Messrs. Outlaw, Roulhac, Hill, Hall, McPherson, Ferebee, Bryan, Sawyer, Skinner, Baxter, Pearsall, Hussey, Wilson (Edgecomb) Sugg, Ruffin, Gatling, Stallings, Branch, Daniel, Pipkin, Rayner, Hodges, Gaston (Hyde,) Adams, Wilder, Huggins, Howard, Cooper, Biggs, Arrington, Holmes, Marsteller, Calvert, Gary, Averitt, Sanders, Bailey, Ramsay, (Pasquctank,) Wilson (Perquimons,) Jacocks, Powell (Robeson,) Faison, Spruill, Halsey, Jones (Wake,) Seawell, Edwards, Collins, Norcom, Sherard, and Whitfield--51 Yeas.

Those who voted in the negative were

Messrs. Morris, Bower, Owen, Gudger, Melchor, Graves, Troy, Gaston (Craven,) Hogan, Gilliam, Hooker, Welch, Young, Cansler, Hutcheson, Gaines, Boddie, Chambers, Gray, Harrington, Lesueur, Carson, Moore, Dobson, Wellborn, White, Tayloe, Andres, Gaither, Styron, Ramsay, (Chatham,) Powell, (Columbus,) McDiarmid Hargrave, Crudup, Morehead, Cathey, Cox, Brittain, Grier, Kelly, Montgomery, Williams,(Person) Elliott, Bunting, Giles, Birchett, Shober, Macon, Smith, (Yancey,) McMillan, Bonner, Swain, Barringer, Lea, McQueen, Spaight, (Craven) Toomer, Williams (Franklin,) Speight, (Greene,) Parker, King, Shipp, Guinn, Martin, Chalmers, Smith (Orange,) Williams (Pitt,) Dockery, Brodnax, Fisher, Meares, Franklin, Jones, (Wilkes,) Jervis--75 Nays.

On motion of Mr. Shober, the said Resolution was amended by striking out the numbers "thirteen" and "one," and inserting "twenty-six" and "two;" and the Resolution was adopted.

Messrs. Bailey, Wilson, of Perquimons, Daniel, Outlaw, Halsey, Collins, Spaight, of Craven, Speight, of Greene, Holmes, Owen, Crudup, Williams, of Franklin, Toomer, Kelly, Smith, of Orange, Jones, of Wake, Gray, Barringer, Hutcheson, Swain, Carson, King Bower, Morehead, Brodnax and Fisher compose the Committee.

On motion of Mr. Smith, of Orange,

Ordered, That the 2d Resolution lie on the table.

And on motion, the Convention adjourned.

TUESDAY, JUNE 9, 1835.

The Convention met pursuant to adjournment. Prayer by the Rev. Mr. Jamieson, of the Methodist Episcopal Church.

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Mr. Jacocks moved that the Convention do now take up for consideration the Resolution introduced by him on Friday; which being agreed to, he submitted the following as a substitute:

Resolved, That the Committee instituted to prepare statistical statements for the use of this Convention, cause to be attached thereto the number of votes taken in each county of the State upon the Convention question, on the 1st and 2d of April last.

On motion of Mr. Wilson, of Perquimons, the Resolution was amended by adding thereto, "and that said Committee enquire and report the number of free white men in each county in the State, of twenty years and upwards."

On motion of Mr. Gaither, the Resolution was amended by adding thereto, "also the vote for and against a Convention, which was given at the August Elections of 1833."

And on motion of Mr. Swain, the Resolution was further amended by striking out so much of the Resolution as proposes to refer the several subjects to a Committee heretofore raised, and insert in lieu thereof, "that a Committee of three be appointed to report."

The Resolution was read as amended; and on the question that it be adopted, it was determined in the affirmative.

The President then appointed Messrs. Jacocks, Gaither, and Jones of Wake, to compose the Committee.

Mr. King moved that the Convention take up the Resolution introduced by him on Saturday, upon the subject of collecting copies of the Journals of the several Conventions therein named, for the use of this Convention; which was not agreed to.

On motion of Mr. Smith, of Orange, the Convention took up for consideration the 2d Resolution contained in the Report made by Mr. Gaston, of Craven, on yesterday.

Mr. Wilson, of Perquimons, moved to amend the Resolution by striking out the words "thirteen members, to be selected as in the foregoing Resolution," and to insert in lieu thereof "twelve members, two of whom shall be selected from each Judicial District."

Mr. McQuinn called for a division of the question.

And the question being on striking out, it was decided in the negative. Yeas 61--Nays 65.

The Yeas and Nays were ordered on the call of Mr. Jacocks.

Those who voted in the affirmative were

Messrs. Adams, Arrington, Averitt, Bonner, Bryan, Baxter, Branch, Biggs, Bailey, Bunting, Brodnax, Cooper, Calvert, Collins, Daniel, Edwards, Ferebee, Faison, Gatling, Gaston (Hyde,) Gary, Hall, Hill, Hussey, Hodges, Huggins, Howard, Halsey, Holmes, Jones (Wake,) Joiner, Jacocks, McPherson, Marsteller, Meares, Norcom, Outlaw, Powell (Columbus,) Powell (Robeson,) Pearsall, Pipkin, Ruffin, Rayner, Ramsay (Perquimons,) Roulhac, Styron, Sawyer, Skinner, Sugg, Stallings, Sanders, Seawell, Sherard, Spruill, Tayloe, Troy, Wilson (Edgecomb,) Williams (Franklin,) Wilson (Perquimons,) Whitfield, Wilder--61 Yeas.

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Those who voted in the negative were

Messrs. Andres, Bower, Barringer, Brittain, Birchett, Boddie, Crudup, Cathey, Cox, Cansler, Chalmers, Chambers, Carson, Dockery, Dobson, Elliott, Fisher, Franklin, Gaither, Graves, Gaston (Craven,) Gilliam, Guinn, Grier, Gray, Gaines, Giles, Gudger, Hogan, Hargrave, Hutcheson, Harrington, Jervis, Jones (Wilkes,) King, Kelly, Lea, Lesueur, Macon, McQueen, Morris, McMillan, Melchor, McDiarmid, Morehead, Martin, Montgomery, Moore, Owen, Parker, Ramsay (Chatham,) Swain, Spaight (Craven,) Speight (Greene,) Skipp, Smith (Orange,) Smith, (Yancy,) Shober, Toomer, White, Welch, Williams (Person,) Williams (Pitt,) Wellborn, and Young--65 Nays.

On motion of Mr. Gaston, of Craven, the Resolution was amended by inserting after the word "members," the words "one of whom shall be selected from each of the Congressional Districts of this State."

And on the question that the Resolution be adopted, it was determined in the affirmative.

Messrs. Skinner, Branch, Wilson, of Edgecomb, Bryan, Meares, Gilliam, Toomer, Montgomery, Shober, Giles, Shipp, Birchett, and Dobson, were appointed to compose the Committee.

On motion of Mr. Gaston, of Craven, the other Resolutions reported by him were severally referred to Committees of the Whole Convention.

And on motion, the Convention adjourned.

WEDNESDAY, JUNE 10, 1835.

The Convention met pursuant to adjournment. Prayer by the Rev. Dr. McPheeters, of the Presbyterian Church.

Mr. Council Wooten, one of the Delegates elect from the county of Lenoir, appeared, produced his credentials, was qualified and took his seat.

Mr. Jacocks, from the Committee appointed to report the number of votes given on the 1st and 2d of April last, and at the August Elections in 1833, in each county in the State, upon the proposition to call a Convention, and also the number of white male persons in each county of twenty years and upwards, agreeably to the Census of 1830, reported,

That from the returns to the Governor, it appears that at the Elections in August, 1833, there were twenty-nine thousand, five hundred and five votes given in favor of a Convention, in thirty counties of the State--the other counties making no returns, and it is believed they did not vote.

The number of votes taken on the 1st and 2d of April last, agreeably to returns also made to the Governor, are forty-nine thousand, two hundred and forty-four, of which twenty-seven thousand, five hundred and fifty were

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"For Convention"--and twenty-one thousand, six hundred and ninety-four "Against Convention." Majority for Convention, five thousand, eight hundred and fifty-six.

From the Census of 1830, it appears that there were in the State, at that time, ninety-seven thousand, six hundred and thirty-three male white persons, of twenty years of age and upwards.

The Report was read, and on motion of Mr. Edwards, ordered to be printed with the tabular statements accompanying the same; and on motion of Mr. Jacocks, ordered that two additional copies be printed for each member.

Mr. Lesueur submitted the following Resolution:

Resolved, That the Committee to whom was referred so much of the Act entitled "An Act concerning a Convention to amend the Constitution of the State," which Act has been ratified by the people, as relates to fixing the representation, be instructed (by calculation) to ascertain and report the number of Representatives in the House of Commons, and the number of Senators, within the limits prescribed by said Act, which will give to each county, or portion of the State, nearest its fair and equal number of members in both Houses of the General Assembly of the State, upon the basis laid down in the said Act.

Mr. Smith, of Orange, moved that the Convention resolve itself into a Committee of the Whole, and take up the 11th Resolution in the Report, which was heretofore referred to that Committee.

And on the question that the Convention go into Committee of the Whole on the 11th Resolution, it was determined in the negative.

The Convention, on motion of Mr. Speight, of Greene, resolved itself into a Committee of the Whole, Mr. Swain in the Chair, on the 3d Resolution in the Report, proposing that a Committee be appointed to enquire what amendments, if any, are proper to be made to the Constitution of this State, as to the exclusion in whole or in part of Borough Members from the House of Commons.

After some time spent therein, the President resumed the Chair, and Mr. Swain reported that the Committee had, according to order, had the said Resolution under consideration, and made progress therein; but not having gone through the same, had instructed him to move for leave to sit again.

And on the question that the Committee of the Whole Convention have leave to sit again, it was determined in the affirmative.

On motion of Mr. Smith, of Orange,

Resolved, That the regular hour to which this Convention shall stand adjourned be 9 o'clock, A.M. until otherwise ordered.

And on motion, the Convention adjourned.

THURSDAY, JUNE 11, 1835.

The Convention met pursuant to adjournment. Prayer by the Rev. Mr. Jamieson, of the Methodist Episcopal Church.

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On motion of Mr. Edwards,

Resolved, That whenever the Convention shall order any paper or document to be printed, there shall be one hundred and fifty copies, unless when otherwise directed.

The Convention, on motion of Mr. Edwards, again resolved itself into a Committee of the Whole, Mr. Daniel in the Chair, on the 3d Resolution, proposing that a Committee be appointed to enquire what amendments, if any, are proper to be made to the Constitution of this State, as to the exclusion in whole or in part of Borough Members from the House of Commons. And after some time spent therein, the President resumed the Chair, and Mr. Daniel reported that the Committee had, according to order, again had the said Resolution under consideration and made no amendment thereto.

The Convention proceeded to consider the said Resolution; whereupon Mr. Smith, of Orange, moved to amend the Resolution by striking out all after the word "Resolved," and inserting in lieu thereof as follows:

"That it is expedient to abolish Borough Representation entirely."

Mr. Gaston, of Hyde, moved to amend the amendment by striking out the word "entirely," and inserting in lieu thereof the words "except the towns of Edenton, Newbern and Wilmington."

On this question the Yeas and Nays were required by one-fifth of the members present, on the call of Mr. Gaston, of Hyde.

Those who voted in the affirmative were

Messrs. Bryan, Baxter, Bailey, Cox, Collins, Gaston (Craven,) Gaston (Hyde,) Gary, Hill, Hooker, Huggins, Halsey, Joiner, Norcom, Owen, Ramsay (Pasquotank,) Skinner, Spaight (Craven,) Sanders, Spruill, Toomer, Williams (Pitt,) Young--23 Yeas.

Those who voted in the negative were

Messrs. Andres, Averitt, Arrington, Adams, Bower, Bonner, Barringer, Branch, Brittain, Biggs, Bunting, Birchett, Brodnax, Boddie, Crudup, Cathey, Cansler, Cooper, Chalmers, Calvert, Chambers, Carson, Daniel, Dockery, Dobson, Elliot, Edwards, Ferebee, Fisher, Faison, Franklin, Gatling, Gaither, Graves, Gilliam, Guinn, Grier, Gaines, Gray, Gudger, Hall, Hogan, Hargrave, Hussey, Hodges, Howard, Hutcheson, Harrington, Holmes, Jones (Wake,) Jones (Wilkes,) Jervis, Jacocks, King, Kelly, Lea, Lesueur, Macon, McQueen, Morris, McMillan, Melchor, McPherson, McDiarmid, Marchant, Morehead, Martin, Marsteller, Montgomery, Meares, Moore, Outlaw, Powell (Columbus,) Powell (Robeson,) Pearsall, Parker, Pipkin, Ruffin, Ramsay (Chatham,) Rayner, Swain, Styron, Sawyer, Sugg, Stallings, Speight (Greene,) Shipp, Smith (Orange,) Smith (Yancy,) Seawell, Sherard, Shober, Tayloe, Troy, White, Wilson (Edgecomb,) Wilson (Perquimons,) Williams (Franklin,) Williams (Person,) Welch, Whitfield, Wellborn, Wilder, and Wooten--104 Nays.

So the Convention refused to amend the amendment. Yeas 23--Nays 104.

The qustion now recurring on the amendment submitted by Mr.

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Smith, of Orange, Mr. Morehead called for a division of the question.

And the question being to strike out all of the said Resolution after the word "Resolved," it was decided in the negative. Yeas 61--Nays 67.

The Yeas and Nays were required by one-fifth of the members present, on the call of Mr. Smith, of Orange.

Those who voted in the affirmative were

Messrs. Averitt, Arrington, Adams, Bonner, Baxter, Biggs, Birchett, Boddie, Cathey, Cooper, Edwards, Faison, Gatling, Gaither, Graves, Gaston (Hyde,) Guinn, Grier, Hall, Hargrave, Hussey, Hodges, Howard, Hutcheson, Harrington, Holmes, Jones (Wake,) Jervis, Jacocks, Kelly, Lea, Macon, Morris, McPherson, Marsteller, Montgomery, Powell (Columbus,) Pearsall, Parker, Pipkin, Ramsay (Chatham,) Rayner, Styron, Sawyer, Sugg, Stallings, Speight (Greene,) Sanders, Smith (Orange,) Smith (Yancy,) Seawell, Sherrard, Spruill, Tayloe, Wilson (Edgecomb,) Wilson (Perquimons,) Williams (Franklin,) Williams (Person,) Williams (Pitt,) Whitfield, and Wilder--61 Yeas.

Those who voted in the negative were

Messrs. Andres, Bower, Barringer, Bryan, Branch, Brittain, Bailey, Bunting, Brodnax, Crudup, Cox, Cansler, Chalmers, Calvert, Chambers, Carson, Collins, Daniel, Dockery, Dobson, Elliott, Ferebee, Fisher, Franklin, Gaston (Craven,) Gilliam, Gaines, Gary, Gray, Gudger, Hill, Hogan, Hooker, Huggins, Halsey, Jones (Wilkes,) Joiner, King, Lesueur, McQueen, McMillan, Melchor, McDiarmid, Marchant, Morehead, Martin, Meares, Moore, Norcom, Outlaw, Owen, Powell (Robeson,) Ruffin, Ramsay (Pasquotank,) Roulhac, Swain, Skinner, Spaight (Craven,) Shipp, Shober, Troy, Toomer, White, Welch, Wooten, Wellborn, and Young--67 Nays.

And the question on the adoption of the 3d Resolution was decided in the affirmative.

On motion of Mr. Hogan, the Resolution was referred to the same Committee to whom was referred the first Resolution contained in the Report made by Mr. Gaston, of Craven.

On motion of Mr. Meares,

Ordered, That the document containing the Census of this State for 1820 & 1830, with a Tabular Statement of the public taxes, white and black polls, and federal numbers of the counties of this State, compiled from the Revenue Lists of 1831, 1832 and 1833, printed under the superintendence of a Committee heretofore raised for that purpose, be re-committed to the same Committee, with instructions to cause to be inserted in the Statement to be re-printed the public taxes as contained in the Revenue Lists of 1829 and 1830.

On motion of Mr. Jacocks, Mr. Meares was added to the Committee.

Mr. Toomer was, on his motion, excused from serving on the Committee raised upon the 2d Resolution in the Report; and Mr. Harrington was appointed in his stead.

And on motion, the Convention adjourned.

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FRIDAY, JUNE 12, 1835.

The Convention met, pursuant to adjournment. Prayer by the Rev. Dr. McPheeters.

Mr. Swain, from the Committee to whom the subject had been referred, reported the following Articles prescribing the manner in which the Senate and House of Commons shall be constituted:

That the Senate shall be composed of fifty Representatives, chosen by ballot, and to be elected by districts, which districts shall be laid off by the General Assembly, at its first session after the year eighteen hundred and forty-one, and every ten years thereafter, in proportion to the public taxes paid into the Treasury of the State, by the citizens thereof; Provided, that no county shall be divided in the formation of a Senatorial district. And when there are one or more counties having an excess of taxation above the ratio to form a Senatorial district, adjoining a county or counties deficient in such ratio, the excess or excesses aforesaid shall be added to the taxation of the county or counties deficient; and if with such addition, the county or counties receiving it shall have the requisite ratio, such county and counties shall each constitute a Senatorial district.

That the House of Commons shall be composed of one hundred and twenty Representatives, chosen by ballot, to be elected by counties or districts, or both, according to their Federal population, that is, 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 other persons, and each county shall have at least one member in the House of Commons, although it may not contain the requisite ratio of population. The apportionment to be made by the General Assembly, at its first session after the year eighteen hundred and forty-one, and every ten years thereafter; which apportionment shall be made according to an enumeration to be ordered by the General Assembly, or according to the Census which may be taken by order of Congress, next preceding the period of making such apportionment.

The Articles were read the first time, passed, and on motion of Mr. Swain, ordered that two hundred copies be printed.

The Convention, on the motion of Mr. Daniel, according to the order of the day, resolved itself into a Committee of the Whole, Mr. Gaston, of Craven, in the Chair, on the 4th Resolution, proposing that a Committee be appointed to enquire and report whether any, and if any, what amendments are proper to be made to the Constition as to the abrogation or restriction of the right of free negroes or mulattoes to vote for members of the Senate or House of Commons: And after some time spent therein, the President resumed the Chair, and Mr. Gaston reported that the Committee had, according to order, had the said Resolution under consideration and made an amendment thereto.

And on motion the Convention adjourned.

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SATURDAY, JUNE 13, 1835.

The Convention met, pursuant to adjournment. Prayer by the Rev. Mr. Jamieson.

On motion of Mr. Shober, the Convention proceeded to consider the amendment reported from the Committee of the Whole, to whom was referred the 4th Resolution, proposing that a Committee be appointed to enquire whether any, and if any, what amendments are proper to be made to the Constitution as to the abrogation or restriction of the right of free negroes or mulattoes to vote for members of the Senate or House of Commons: which amendment is to strike out all of the said Resolution after the word "Resolved," and insert in lieu thereof, "that free negroes and mulattoes within four degrees inclusive, be deprived of the privilege of voting for members of the Senate and House of Commons in this State."

Mr. Morehead moved to amend the amendment by striking out all after the word "that," and inserting "all free negroes and mulattoes, within the fourth degree, shall be excluded from voting for members of the Senate. That all free negroes and mulattoes of the age of twenty-one years, who have been inhabitants of any one county within the State twelve months immediately preceding the day of election, and possessed of a freehold within the same county of the value of dollars, for six months next before and at the day of election, and shall not have been convicted of any infamous crime or offence, shall be entitled to vote for members of the House of Commons."

Mr. Gaston, of Craven, called for a division of the question.

And the question being to strike out all of the said amendment reported by the said Committee of the Whole, after the word "that," it was determined in the negative. Yeas 62--Nays 65.

The Yeas and Nays were required by one-fifth of the members present, on the call of Mr. Gilliam.

Those who voted in the affirmative were

Messrs. Andres, Arrington, Bower, Branch, Biggs, Bunting, Birchett, Cathey, Cansler, Chalmers, Chambers, Carson, Daniel, Dockery, Dobson, Elliott, Ferebee, Fisher, Franklin, Graves, Gaston (Craven,) Gaston (Hyde,) Guinn, Grier, Gaines, Gray, Giles, Gudger, Hall, Holmes, Jones (Wake,) Jones (Wilkes,) Joiner, King, Kelly, Morris, McMillan, McPherson, McDiarmid, Morehead, Martin, Marsteller, Montgomery, Moore, Owen, Powell (Columbus,) Powell (Robeson,) Parker, Rayner, Swain, Shipp, Smith (Orange,) Smith (Yancy,) Seawell, Sherard, Shober, Troy, Toomer, White, Williams (Pitt,) Whitfield, and Wellborn--62 Yeas.

Those who voted in the negative were

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Jervis, Jacocks, Lea, Lesueur, Macon, McQueen, Melchor, Marchant, Meares, Norcom, Outlaw, Pearsall, Pipkin, Ruffin, Ramsay (Pasquotank,) Roulhac, Styron, Sawyer, Skinner, Spaight (Craven,) Speight (Greene,) Sugg, Stallings, Sanders, Spruill, Tayloe, Wilson (Edgecomb,) Wilson (Perquimons,) Welch, Wooten, Williams (Franklin,) Williams (Person,) Wilder, and Young--65 Nays.

The question now recurring on the amendment reported by the Committee of the Whole, it was agreed to. Yeas 66--Nays 61.

The Yeas and Nays were required by one-fifth of the members present, on the call of Mr. Gilliam.

Those who voted in the affirmative were

Messrs. Averitt, Adams, Bonner, Barringer, Bryan, Baxter, Brittain, Bailey, Brodnax, Boddie, Crudup, Cox, Cooper, Calvert, Collins, Edwards, Faison, Gatling, Gaither, Graves, Gilliam, Gary, Hogan, Hargrave, Hussey, Hooker, Hodges, Huggins, Howard, Hutcheson, Harrington, Halsey, Jervis, Jacocks, Lea, Lesueur, Macon, McQueen, Melchor, Marchant, Meares, Norcom, Outlaw, Pearsall, Pipkin, Ruffin, Ramsay (Pasquotank,) Roulhac, Styron, Sawyer, Skinner, Spaight (Craven,) Speight (Greene,) Sugg, Stallings, Sanders, Spruill, Tayloe, Wilson (Edgecomb,) Wilson (Perquimons,) Welch, Wooten, Williams (Franklin,) Williams (Person,) Wilder, and Young--66 Yeas.

Those who voted in the negative were

Messrs. Andres, Arrington, Bower, Branch, Biggs, Bunting, Birchett, Cathey, Cansler, Chalmers, Chambers, Carson, Daniel, Dockery, Dobson, Elliott, Ferebee, Fisher, Franklin, Gaston (Craven,) Gaston (Hyde,) Guinn, Grier, Gaines, Gray, Giles, Gudger, Hall, Holmes, Jones (Wake,) Jones (Wilkes,) Joiner, King, Kelly, Morris, McMillan, McPherson, McDiarmid, Morehead, Martin, Marsteller, Montgomery, Moore, Owen, Powell (Columbus,) Powell (Robeson,) Parker, Rayner, Swain, Shipp, Smith (Orange,) Smith (Yancy,) Seawell, Sherard, Shober, Troy, Toomer, White, Williams (Pitt,) Whitfield, and Wellborn--61 Nays.

So the Convention came to the following Resolution:

Resolved, That free negroes and mulattoes, within four degrees inclusive, be deprived of the privilege of voting for members of the Senate and House of Commons in this State.

On motion of Mr. Spaight, of Craven, the said Resolution was referred to a select Committee, with instructions to draft an amendment accordingly.

Messrs. Spaight, of Craven, Brodnax, Wilson, of Perquimons, Dockery and Bower compose the Committee.

The Articles prescribing the manner in which the Senate and House of Commons shall be constituted were taken up for a second reading.

On motion of Mr. Speight, of Greene,

Ordered, That the said Articles be referred to a Committee of the whole Convention, and made the order of the day for Monday next.

On motion of Mr. Swain,

The Convention, according to the order of the day, resolved itself

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into a Committee of the Whole, Mr. Shober in the Chair, on the 5th Resolution, proposing that a Committee be appointed to enquire and report whether any, and if any, what amendments are proper to be made to the Constitution to disqualify members of the Assembly and Officers of the State, or those who hold places of trust under the authority of this State, from being or continuing such while they hold any other office or appointment of this State or of the United States or any other Government: And after some time spent therein, the President resumed the Chair and Mr. Shober reported that the Committee had, according to order, had the same under consideration, and made no amendment thereto.

The Convention proceeded to consider the said Resolution; and on the question that the Convention adopt the same, it was decided in the affirmative.

Messrs. Gaither, Boddie, Gaston, of Hyde, Arrington and Adams compose the Committee raised by said Resolution.

On motion of Mr. Shober,

The Convention, according to the order of the day, resolved itself into a Committee of the Whole, Mr. Dockery in the Chair, on the 6th Resolution, proposing that a Committee be appointed to enquire and report whether any, and if any, what amendments should be made to the Constitution, so as to make the capitation tax on slaves and free white polls equal. And after some time spent therein, the President resumed the Chair, and Mr. Dockery reported that the Committee had, according to order, had the said Resolution under consideration and made progress therein, but not having gone thro' the same, had instructed him to move for leave to sit again.

And on the question, that the Committee of the Whole Convention have leave to sit again on the said Resolution, it was determined in the affirmative.

On motion, the Convention adjourned.

MONDAY, JUNE 15, 1835.

The Convention met pursuant to adjournment. Prayer by the Rev. Dr. McPheeters, of the Presbyterian Church.

Samuel P. Carson, a Delegate elect from Burke county, appeared, produced his credentials, was duly qualified, and took his seat.

On motion of Mr. Speight, of Greene,

The Convention, according to the special order of the day, resolved itself into a Committee of the Whole, Mr. Shober in the Chair, on the Articles prescribing the manner in which the Senate and House of Commons shall be constituted. After some time spent therein, the President resumed the Chair, and Mr. Shober reported that the Committee had, according to order, had the subject under consideration, and made progress therein, but not having gone thro' the same, had instructed him to ask for leave to sit again.

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And, on the question that the Committee of the Whole have leave to sit again on the said Articles, it was decided in the affirmative.

On motion, the Convention adjourned.

TUESDAY, JUNE 16, 1835.

The Convention met pursuant to adjournment. Prayer by the Rev. Mr. Jamieson, of the Methodist Episcopal Church.

Mr. Spaight, of Craven, from the Committee to whom was referred the resolution, declaring that free negroes and mulattoes, within four degrees inclusive, be deprived of the privilege of voting for members of the Senate and House of Commons in this State, with instructions to draw up an amendment in conformity thereto, reported the following Article:

That no free negro, free mulatto, or free person of mixed blood, descended from negro ancestors to the fourth generation inclusive, (though one ancestor of each generation may have been a white person,) shall vote for members of the Senate or House of Commons.

This Article was read the first time and passed; and on motion of Mr. Fisher, ordered to be printed.

On motion of Mr. Speight, of Greene,

The Convention, according to the order of the day, again resolved itself into a Committee of the Whole, Mr. Shober in the Chair, on the Articles prescribing the manner in which the Senate and House of Commons shall be constituted. And after some time spent therein, the President resumed the Chair, and Mr. Shober reported that the Committee had, according to order, again had the said subject under consideration, and made farther progress therein, but not having gone through the same, had instructed him to move for leave to sit again.

And on the question that the Committee of the Whole have leave to sit again, it was decided in the affirmative.

Mr. Wilson, of Perquimous submitted the following resolution:

Resolved, That a Committee of twelve, two of whom to be selected from each Judicial District, be appointed to report what ratio of federal population will give to the House of Commons ninety members, one hundred members, one hundred and ten members and one hundred and twenty members--and that said Committee report what disposition is to be made of the federal population, after allowing one member to each county--and that said Committee be instructed, after allowing one member to each county, to appropriate the residue to counties or districts, or both, according to federal population according to the several numbers of 90, 100, 110 and 120.

And on motion, the Convention adjourned.

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WEDNESDAY, JUNE 17, 1835.

The Convention met pursuant to adjournment. Prayer by the Rev. Dr. McPheeters, of the Presbyterian Church.

On motion of Mr. Wilson, of Perquimous,

The Convention proceeded to consider the resolution introduced by him on yesterday.

Mr. Gaston, of Craven, moved to amend the resolution by striking out the words, "and that said Committee report what disposition is to be made of the residue of federal population, after allowing one member to each county--and that said Committee be instructed, after allowing one member to each county, to appropriate the residue to counties or districts, or both, according to federal population, according to the several numbers 90, 100, 110 and 120."

Pending this motion, Mr. Hogan moved to postpone the further consideration of the whole resolution, until the 20th day of July next; which was decided in the negative, Yeas 58, Nays 71.

The Yeas and Nays were required by one-fifth of the members present, on the call of Mr. Smith, of Orange.

Those who voted in the affirmative were

Messrs. Andres, Bower, Barringer, Brittain, Birchett, Brodnax, Crudup, Cathey, Cansler, Chalmers, Dockery, Dobson, Elliott, Fisher, Franklin, Gaither, Graves, Gilliam, Guinn, Grier, Gaines, Gray, Giles, Gudger, Hogan, Hargrave, Hutcheson, Harrington, Jervis, Jones (Wilkes,) Joiner, King, Kelly, Lea, Lesueur, McQueen, Morris, Melchor, McDiarmid, Morehead, Martin, Montgomery, Moore, Owen, Parker, Ramsay (Chatham,) Swain, Spaight (Craven,) Shipp, Smith (Orange,) Smith (Yancy,) Shober, Toomer, White, Welch, Williams (Person,) Wellborn and Young--58.

Those who voted in the negative were

Messrs. Averitt, Arrington, Adams, Bonner, Bryan, Baxter, Branch, Biggs, Bailey, Bunting, Boddie, Cox, Cooper, Calvert, Chambers, Carson (Rutherford,) Collins, Daniel, Edwards, Ferebee, Faison, Gatling, Gaston (Craven,) Gaston (Hyde,) Gary, Hill, Hall, Hussey, Hooker, Hodges, Howard, Huggins, Halsey, Holmes, Jones (Wake,) Jacocks, Macon, McMillan, McPherson, Marchant, Marsteller, Meares, Norcom, Outlaw, Powell (Columbus,) Powell (Robeson,) Pearsall, Pipkin, Ruffin, Rayner, Ramsay (Pasquotank,) Roulhac, Styron, Sawyer, Skinner, Spruill, Sugg, Stallings, Speight (Greene,) Sanders, Seawell Sherard, Tayloe, Troy, Wilson (Edgecomb,) Wilson (Perquimons,) Williams (Franklin,) Williams (Pitt,) Wooten, Whitfield, and Wilder--71.

The question recurring on the amendment proposed by Mr. Gaston of Craven, it was decided in the affirmative. Yeas 70--Nays 59.

The Yeas and Nays were required by one-fifth of the members present, on the call of Mr. Jacocks.

Those who voted in the affirmative were

Messrs. Andres, Bower, Barringer, Brittain, Birchett, Brodnax, Boddie, Crudup, Cathey, Cansler, Chalmers, Chambers, Carson (Rutherford,) Dockery, Dobson, Elliott, Edwards, Fisher, Franklin, Gaither, Graves, Gaston

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(Craven,) Gilliam, Guinn, Grier, Gaines, Gray, Giles, Gudger, Hogan, Hargrave, Hutcheson, Harrington, Jervis, Jones (Wilkes,) Joiner, King, Kelly, Lea, Lesueur, Macon, McQueen, Morris, McMillan, Melchor, McDiarmid, Morehead, Martin, Montgomery, Meares, Moore, Outlaw, Owen, Parker, Ramsay (Chatham,) Swain, Spaight (Craven,) Shipp, Smith (Orange,) Smith (Yancy,) Seawell, Shober, Troy, Toomer, White, Welch, Williams (Person,) Williams (Pitt,) Wellborn and Young--70 Yeas.

Those who voted in the negative were

Messrs. Averitt, Adams, Arrington, Bonner, Bryan, Baxter, Branch, Biggs, Bailey, Bunting, Cox, Cooper, Calvert, Collins, Daniel, Ferebee, Faison, Gatling, Gaston (Hyde,) Gary, Hill, Hall, Hussey, Hooker, Hodges, Huggins, Howard, Halsey, Holmes, Jones (Wake,) Jacocks, McPherson, Marsteller, Marchant, Norcom, Powell (Columbus) Powell (Robeson,) Pearsall, Pipkin, Ruffin, Rayner, Ramsay (Pasquotank,) Roulhac, Styron, Sawyer, Skinner, Sugg, Stallings, Speight (Greene,) Sanders, Sherard, Spruill, Tayloe, Wilson (Edgecomb,) Wilson (Perquimons,) Wooten, Williams (Franklin,) Whitfield, and Wilder--59 Nays.

On motion of Mr. Wilson, of Perquimons,

Ordered, That the Resolution do lie on the table.

On motion of Mr. Speight, of Greene,

The Convention, according to the order of the day, again resolved itself into a Committee of the Whole, Mr. Shober in the Chair, on the Articles prescribing the manner in which the Senate and House of Commons shall be constituted. And after some time spent therein, the President resumed the Chair, and Mr. Shober reported that the Committee had, according to order, again had the said Articles under consideration and made farther progress therein, but not having gone through the same, had instructed him to ask leave to sit again.

And on the question that the Committee of the Whole have leave to sit again on the said Articles, it was determined in the affirmative.

On motion, the Convention adjourned.

THURSDAY, JUNE 18, 1835.

The Convention met, pursuant to adjournment. Prayer by the Rev. Mr. Jamieson.

Mr. Wilson, of Perquimons, moved to take up for its second reading the Article abrogating the right of free negroes and mulattoes to vote for members of the Legislature; which was determined in the negative.

On motion of Mr. Speight of Greene,

The Convention, according to the order of the day, again resolved itself into a Committee of the Whole, Mr. Shober in the Chair, on the Articles prescribing the manner in which the Senate and House

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of Commons shall be constituted. And after some time spent therein, the President resumed the Chair, and Mr. Shober reported that the Committee of the Whole had, according to order, again had the said Articles under consideration, and made the following amendment thereto:

"That in making the apportionment of Representatives in the House of Commons, the ratio of Representation shall be ascertained by dividing the amount of the Federal population of the State, after deducting that comprehended within those counties which do not severally contain the one-hundred and twentieth part of the entire Federal population aforesaid, by the number of Representatives less the number assigned to the said counties: That to each county containing the said ratio, and not twice the said ratio, there shall be assigned one Representative; to each county containing twice, but not three times the said ratio, there shall be assigned two Representatives; and so on progressively, and that then the remaining Representatives shall be assigned severally to the counties having the largest fractions."

And the question being on concurring with the Report of the Committee of the Whole, the Yeas and Nays were demanded by one-fifth of the members present, on the call of Mr. Biggs.

Pending the question, the Convention adjourned.

FRIDAY, JUNE 19, 1835.

The Convention met, pursuant to adjournment. Prayer by the Rev. Dr. McPheeters.

On motion of Mr. Branch,

Ordered, That the amendment reported by the Committee of the Whole, on yesterday, be printed.

Mr. Gaston introduced the following Resolution:

Resolved. That it is expedient, in framing amendments to the Constitution, on the subject of Representation in the House of Commons, to provide that in making every apportionment, the Legislature shall divide or cause to be divided, those counties to which more than two Representatives shall be assigned, into election districts, consisting severally of contiguous territory, and of equal federal numbers, as nearly as convenience will permit, each of which districts shall elect one Representative only.

On motion of Mr. Swain,

Ordered, That two hundred copies of the said Resolution be printed.

The Convention proceeded to the orders of the day, and took up for consideration the unfinished business of yesterday.

And the question being on agreeing to the amendment reported by the Committee of the Whole to the Articles prescribing the manner

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in which the Senate and House of Commons shall be constituted, it was decided in the affirmative. Yeas 83--Nays 43.

Those who voted in the affirmative were

Messrs. Bower, Bonner, Barringer, Branch, Baxter, Brittain, Bunting, Birchett, Brodnax, Boddie, Crudup, Cathey, Cox, Cansler, Calvert, Chambers, Collins, Daniel, Dockery, Dobson, Elliot, Edwards, Ferebee, Fisher, Faison, Franklin, Gaither, Graves, Gaston (Craven,) Gilliam, Grier, Gaines, Gray, Gary, Giles, Gudger, Hogan, Hargrave, Hooker, Halsey, Hutcheson, Holmes, Jones (Wake,) Jones (Wilkes,) Jervis, Joiner, King, Lea, Lesueur, Macon, McQueen, Morris, McMillan, Melchor, Marchant, Morehead, Martin, Marsteller, Montgomery, Meares, Moore, Norcom, Outlaw, Pearsall, Parker, Ramsay (Chatham,) Rayner, Swain, Spaight (Craven,) Speight (Greene,) Shipp, Smith (Orange,) Smith (Yancy,) Shober, Spruill, Tayloe, White, Williams (Franklin,) Williams (Person,) Williams (Pitt,) Welch, Wellborn and Young--83 Yeas.

Those who voted in the negative were

Messrs. Andres, Averitt, Arrington, Adams, Biggs, Bryan, Bailey, Cooper, Chalmers, Gatling, Gaston (Hyde,) Guinn, Hill, Hall, Hussey, Hodges, Huggins, Howard, Jacocks, Kelly, McPherson, McDiarmid, Owen, Powell (Columbus,) Powell (Robeson,) Pipkin, Ruffin, Ramsay (Pasquotank,) Roulhac, Styron, Sawyer, Skinner, Sugg, Stallings, Sanders, Seawell, Sherard, Troy, Toomer, Wilson (Edgecomb,) Wilson (Perquimons,) Whitfield and Wilder--43 Nays.

The Articles as amended being under consideration, Mr. Williams, of Pitt, moved to amend the Article relating to the Senate by striking out "ten" and inserting "twenty."

Mr. Daniel called for a division of the question.

And the question being upon striking out, the Yeas and Nays were required by one-fith of the members present, on the call of Mr. Ramsay, of Pasquotank.

Those who voted in the affirmative were

Messrs. Andres, Averitt, Arrington, Adams, Bonner, Bryan, Baxter, Branch, Biggs, Bailey, Bunting, Crudup, Cox, Cooper, Calvert, Collins, Daniel, Edwards, Ferebee, Faison, Gatling, Gaston (Craven,) Gilliam, Gary, Hill, Hall, Hargrave, Hussey, Hooker, Huggins, Howard, Halsey, Holmes, Jones (Wake,) Joiner, Jacocks, McPherson, Marchant, Morehead, Marsteller, Norcom, Outlaw, Owen, Powell (Columbus,) Powell (Robeson,) Pearsall, Pipkin, Ruffin, Rayner, Ramsay (Pasquotank,) Roulhac, Sawyer, Skinner, Spaight (Craven,) Speight (Greene,) Sugg, Stallings, Sanders, Seawell, Spruill, Tayloe, Troy, Wilson (Edgecomb,) Wilson (Perquimons,) Williams (Franklin,) Williams (Pitt,) Whitfield and Wilder--68 Yeas.

Those who voted in the negative were

Messrs. Bower, Barringer, Brittain, Birchett, Brodnax, Boddie, Cathey, Cansler, Chalmers, Chambers, Carson (Rutherford,) Dockery, Dobson, Elliott, Fisher, Franklin, Gaither, Graves, Gaston (Hyde,) Guinn, Grier, Gaines, Gray, Giles, Gudger, Hogan, Hodges, Hutcheson, Harrington, Jervis, Jones (Wilkes,) King, Kelly, Lea, Lesueur, Macon, McQueen, Morris, McMillan, Melchor, McDiarmid, Martin, Montgomery, Meares, Moore, Parker,

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Ramsay (Chatham,) Swain, Styron, Shipp, Smith (Orange,) Smith (Yancy,) Sherard, Shober, Toomer, White, Williams (Person,) Wellborn, Welch and Young--60 Nays.

So the Convention agreed to strike out. Yeas 68, Nays 60.

And the question recurring on the other branch of the motion, to wit, to insert the word twenty in lieu of that stricken out, it was decided in the affirmative. Yeas 69, Nays 59.

The Yeas and Nays were required by one-fifth of the members present, on the call of Mr. Ramsay, of Pasquotank.

Those who voted in the affirmative were

Messrs. Andres, Averitt, Arrington, Adams, Bonner, Bryan, Baxter, Branch, Biggs, Bailey, Bunting, Crudup, Cox, Cooper, Calvert, Collins, Daniel, Edwards, Ferebee, Fisher, Gatling, Gaston (Craven,) Gilliam, Gary, Giles, Hill, Hall, Hussey, Hooker, Huggins, Howard, Halsey, Holmes, Jones (Wake,) Joiner, Jacocks, McPherson, Marchant, Marsteller, Meares, Outlaw, Owen, Powell (Columbus,) Powell (Robeson,) Pearsall, Pipkin, Ruffin, Rayner, Ramsay, Pasquotank,) Roulhac, Swain, Sawyer, Skinner, Spaight (Craven,) Speight (Greene,) Sugg, Stallings, Sanders, Seawell, Spruill, Tayloe, Troy, Toomer, Wilson (Edgecomb, Wilson (Perquimons,) Williams (Franklin,) Williams (Pitt,) Whitfield, and Wilder--69 Yeas.

Those who voted in the negative were

Messrs. Bower, Barringer, Brittain, Birchett, Brodnax, Boddie, Cathey, Cansler, Chalmers, Chambers, Carson (Rutherford,) Dockery, Dobson, Elliott, Faison, Franklin, Gaither, Graves, Gaston (Hyde,) Guinn, Grier, Gaines, Gray, Gudger, Hogan, Hargrave, Hodges, Hutcheson, Harrington, Jervis, Jones (Wilkes,) King, Kelly, Lea, Lesueur, Macon, McQueen, Morris, McMillan, Melchor, McDiarmid, Morehead, Martin, Montgomery, Moore, Norcom, Parker, Ramsay (Chatham,) Styron, Shipp, Smith (Orange,) Smith (Yancy,) Sherard, Shober, White, Welch, Williams (Person,) Wellborn, and Young--59 Nays.

Mr. Gaston, of Craven, moved to amend the said Article, by inserting between the words "and" and "every," the following:--"Afterwards at its first session after the year 1851, and then;" which was agreed to. Yeas 77, Nays 21.

The Yeas and Nays were required by one-fifth of the members present, at the call of Mr. Jacocks.

Those who voted in the affirmative were

Messrs. Andres, Bower, Barringer, Baxter, Brittain, Bailey, Birchett, Brodnax, Boddie, Crudup, Cathey, Cansler, Chalmers, Chambers, Carson (Rutherford,) Daniel, Dobson, Dockery, Elliott, Edwards, Fisher, Franklin, Gaither, Graves, Gaston (Craven,) Gaston (Hyde,) Guinn, Grier, Gaines, Gray, Giles, Gudger, Hogan, Hargrave, Hussey, Hodges, Huggins, Hutcheson, Harrington, Jervis, Jones (Wilkes,) King, Kelly, Lea, Lesueur, McQueen, Morris, McMillan, Melchor, McDiarmid, Morehead, Martin, Montgomery, Meares, Moore, Norcom, Outlaw, Owen, Parker, Ramsay (Chatham,) Swain, Styron, Skinner, Spaight (Craven,) Shipp, Smith (Orange,) Smith (Yancy,) Sherard, Shober, Toomer, Troy, White, Wilson (Edgecomb,) Welch, Williams (Person,) Wellborn and Young--77 Yeas.

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Those who voted in the negative were

Messrs. Averitt, Arrington, Adams, Bonner, Bryan, Branch, Biggs, Bunting, Cox, Cooper, Calvert, Collins, Ferebee, Faison, Gatling, Gilliam, Gary, Hill, Hall, Hooker, Howard, Halsey, Holmes, Jones (Wake,) Joiner, Jacocks, Macon, McPherson, Marchant, Marsteller, Powell (Columbus,) Powell (Robeson,) Pearsall, Pipkin, Ruffin, Rayner, Ramsay (Pasquotank,) Roulhac, Sawyer, Sugg, Stallings, Speight (Greene,) Sanders, Seawell, Spruill, Tayloe, Williams (Franklin,) Williams (Pitt,) Wilson (Perquimons,) Whitfield and Wilder--51 Nays.

On motion of Mr. Halsey, the said Article was further amended, by inserting after the word "thereof," the following, "and that the average of the public taxes paid by each county into the Treasury of the State, for the five years preceding the laying off the districts, shall be considered as its proportion of the public taxes and constitute the basis of apportionment."

Mr. Bryan moved to fill the blank in the Article relating to the House of Commons with the following: "including three borough members, one from each of the towns of Edenton, Newbern and Wilmington."

Mr. Bower moved to amend the amendment, by striking out "three" and inserting "four," and by adding the town of Fayetteville; which was decided in the negative.

The question recurring on the amendment offered by Mr. Bryan, it was decided in the negative.

Mr. Speight moved to strike out from the said Article, the words "one hundred and twenty."

Pending this question, Mr. Owen moved that the articles prescribing the manner in which the Senate and House of Commons shall be constituted, do lie on the table, which was decided in the negative.

The question recurring on the motion to strike out the words, "one hundred and twenty," the Yeas and Nays were required by one-fifth of the members present, on the call of Mr. Speight, of Greene.

Those who voted in the affirmative, were

Messrs. Andres, Averitt, Adams, Bryan, Baxter, Branch, Biggs, Bailey, Bunting, Boddie, Cox, Cooper, Calvert, Collins, Daniel, Ferebee, Gatling, Gaston (Hyde,) Gary, Hill, Hall, Hussey, Hooker, Hodges, Huggins, Howard, Harrington, Halsey, Jacocks, McPherson, Marchant, Norcom, Outlaw, Powell (Columbus,) Powell (Robeson,) Pipkin, Rayner, Ramsay (Pasquotank,) Roulhac, Styron, Sawyer, Sugg, Stallings, Speight (Greene,) Sanders, Sherard, Spruill, Troy, Wilson (Edgecomb,) Wilson (Perquimons,) Whitfield and Wilder.--52 yeas.

Those who voted in the negative were

Messrs. Arrington, Bower, Bonner, Barringer, Brittain, Birchett, Brodnax, Crudup, Cathey, Cansler, Chalmers, Chambers, Carson (Rutherford,) Dockery, Dobson, Elliott, Edwards, Faison, Fisher, Franklin, Gaither, Graves, Gaston (Craven,) Gilliam, Guinn, Grier, Gaines, Gray, Giles, Gudger, Hogan, Hargrave, Hutcheson, Holmes, Jones (Wake,) Jones (Wilkes,)

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Jervis, Joiner, King, Kelly, Lea, Lesueur, Macon, McQueen, Morris, McMillan, Melchor, McDiarmid, Morehead, Martin, Marsteller, Montgomery, Meares, Moore, Owen, Pearsall, Parker, Ruffin, Swain, Skinner, Spaight (Craven,) Shipp, Smith (Orange,) Smith (Yancy,) Seawell, Shober, Tayloe, Toomer, White, Williams (Franklin,) Williams (Person,) Williams (Pitt,) Welch, Wellborn and Young.--75 Nays.

So the Convention refused to strike out. Yeas 52, Nays 75.

Mr. Harrington moved to amend the article relating to the Senate, by striking out "fifty" and inserting "forty."

Mr. Spaight of Craven, called for a division of the question.

And the question being on striking out, the Yeas and Nays were required by one-fifth of the members present, on the call of Mr. Spruill.

Those who voted in the affirmative were

Messrs. Bunting, Harrington, Wilson (Edgecomb,) Wilson (Perquimons,)--4 Yeas.

Those who voted in the negative were

Messrs. Andres, Averitt, Arrington, Adams, Bower, Bonner, Barringer, Bryan, Baxter, Branch, Brittain, Biggs, Bailey, Birchett, Brodnax, Boddie, Crudup, Cathey, Cox, Cansler, Cooper, Chalmers, Calvert, Chambers, Carson (Rutherford,) Collins, Daniel, Dockery, Dobson, Elliott, Edwards, Ferebee, Fisher, Faison, Franklin, Gatling, Gaither, Graves, Gaston (Craven,) Gaston (Hyde,) Gilliam, Guinn, Grier, Gaines, Gary, Gray, Giles, Gudger, Hill, Hall, Hogan, Hargrave, Hussey, Hooker, Hodges, Huggins, Howard, Hutcheson, Halsey, Holmes, Jones (Wake,) Jones (Wilkes,) Jervis, Joiner, Jacocks, King, Kelly, Lea, Lesueur, Macon, McQueen, Morris, McMillan, Melchor, McPherson, McDiarmid, Marchant, Morehead, Martin, Marsteller, Montgomery. Meares, Moore, Norcom, Outlaw, Owen, Powell (Columbus,) Powell (Robeson,) Pearsall, Parker, Pipkin, Ruffin, Ramsay (Chatham,) Ramsay (Pasquotank,) Rayner, Roulhac, Swain, Styron, Sawyer, Skinner, Spaight (Craven,) Speight (Greene,) Sugg, Stallings, Shipp, Sanders, Smith (Orange,) Smith (Yancy,) Seawell, Sherard, Shober, Spruill, Tayloe, Troy, Toomer, White, Welch, Williams (Franklin,) Williams (Person,) Williams (Pitt,) Whitfield, Wellborn, Wilder and Young--124 Nays.

So the Convention refused to strike out. Yeas 4, Nays 124.

On motion of Mr. Gaston of Craven, the Article relating to the House of Commons was amended by striking out the words "at its first session, after the year 1841, and every ten years thereafter, which," and inserting the words "at the respective times and periods when the districts for the Senate, are herein before directed to be laid off, and the said"

And on the question shall the said Articles be engrossed for a third reading; it was decided in the affirmative.

On motion of Mr. Owen,

Ordered, That the said Articles be read a third time on Monday next.

On motion of Mr. Swain,

Ordered, That two hundred copies of the Articles be printed.

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Mr. Spaight, of Craven, gave notice, that he should, on to-morrow, move to amend the rules of order which govern the Convention.

On motion, the Convention adjourned.

SATURDAY, JUNE 20, 1835.

The Convention met pursuant to adjournment. Prayer by the Rev. Mr. Jamieson.

On motion of Mr. Swain,

The Convention, according to the order of the day, resolved itself into a Committee of the Whole, Mr. Wellborn in the Chair, on the 11th Resolution, proposing that a Committee be appointed to enquire whether any, and if any, what amendments be proper to provide for biennial instead of annual meetings of the General Assembly, and for the biennial instead of tri-annual election of Secretary of State. After some time spent therein, the President resumed the Chair, and Mr. Wellborn reported that the Committee had, according to order, had the said Resolution under consideration, and made the following amendment thereto, to wit: To insert in lieu of the said Resolution, after the word "Resolved," the following:

"That it is expedient to amend the Constitution so as to provide for the biennial instead of annual sessions of the General Assembly, and for the biennial instead of the tri-annual election of Secretary of State."

On motion, the Convention adjourned.

MONDAY, JUNE 22, 1835.

The Convention met, pursuant to adjournment. Prayer by the Rev. Dr. McPheeters.

On motion of Mr. Speight of Greene,

Ordered, That the special order of the day be postponed until to-morrow.

On motion of Mr. Spaight, of Craven,

Ordered, That the further consideration of the Report of the Committee of the Whole on the 11th Resolution, be postponed until to-morrow.

On motion of Mr. Edwards,

The Convention, according to the order of the day, again resolved itself into a Committee of the Whole, Mr. Dockery in the Chair, on the 6th Resolution proposing that a Committee be appointed to enquire whether any, and if any, what amendment should be made to the Constitution, so as to make the capitation tax on slaves and free white polls equal. And after some time spent therein, the President

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resumed the Chair, and Mr. Dockery reported that the Committee had, according to order, again had the said Resolution under consideration, and made the following amendment, to wit: To insert in lieu thereof, after the word "Resolved," the following:

"That the individual capitation tax on slaves of either sex shall not extend to those under twelve, nor over fifty years of age; and shall not exceed the capitation tax on free white males not under twenty-one nor over forty-five years of age."

On motion of Mr. Speight, of Greene, the Convention proceeded to consider the said amendment; and on the question of agreeing thereto, it was determined in the affirmative.

The Resolution was read as amended, and adopted.

On motion of Mr. Collins,

Ordered, That the said Resolution be referred to a Committee, with instructions to report an Article according thereto.

Messrs. Collins, Swain, Seawell, Williams, of Pitt, and Williams, of Person, compose the Committee.

On motion of Mr. Shober,

The Convention, according to the order of the day, resolved itself into a Committee of the Whole, Mr. Morehead in the Chair, on the 8th Resolution, proposing that a Committee be appointed to enquire whether any, and if any, what amendments be proper to compel members of the General Assembly to vote viva voce in the election of officers. And after some time spent therein, the President resumed the Chair, and Mr. Morehead reported that the Committee had, according to order, had the said Resolution under consideration, and made the following amendment thereto, to wit: After striking out all after the word "Resolved," to insert in lieu thereof as follows:

"That it is expedient so to amend the Constitution as in all elections by the General Assembly, the members shall vote viva voce."

On motion of Mr. Speight, of Greene, the Convention proceeded to consider the amendment.

And on the question, shall the said amendment be adopted? it was decided in the affirmative. Yeas 84, Nays 40.

The Yeas and Nays were required by one-fifth of the members present, at the call of Mr. Speight, of Greene.

Those who voted in the affirmative were

Messrs. Averitt, Arrington, Bower, Bonner, Barringer, Baxter, Branch, Brittain, Biggs, Bunting, Birchett, Brodnax, Carson (Burke,) Cathey, Cansler, Chalmers, Calvert, Chambers, Daniel, Dobson, Edwards, Ferebee, Faison, Franklin, Gatling, Gaither, Gilliam, Guinn, Gary, Hall, Hogan, Hargrave, Hussey, Hooker, Hodges, Huggins, Howard, Hutcheson, Harrington, Holmes, Jones (Wake,) Jervis, Kelly, Macon, McQueen, McMillan, Melchor, McPherson, McDiarmid, Marchant, Martin, Montgomery, Moore, Norcom, Outlaw, Owen, Powell (Columbus,) Powell (Robeson,) Pearsall, Pipkin, Ruffin, Ramsay (Chatham,) Rayner, Roulhac, Styron, Sawyer, Skinner, Spaight (Craven,) Speight (Greene,) Sugg, Stallings, Sanders,

Page 35

Seawell, Smith (Yancy,) Tayloe, Wilson (Edgecomb,) Wilson (Perquimons,) Welch, Williams (Franklin,) Williams (Person,) Williams (Pitt,) Whitfield, Wellborn and Wilder--84 Yeas.

Those who voted in the negative were

Messrs. Andres, Adams, Bryan, Bailey, Crudup, Cox, Cooper, Carson (Rutherford,) Collins, Dockery, Elliot, Fisher, Graves, Gaston (Craven,) Gaston (Hyde,) Grier, Gaines, Gray, Giles, Gudger, Hill, Halsey, Joiner, Jacocks, King, Lea, Morris, Morehead, Meares, Parker, Ramsay (Pasquotank,) Swain, Shipp, Smith (Orange,) Shober, Spruill, Troy, Toomer, White and Young--40 Nays.

The Resolution was adopted; and on motion of Mr. Speight, of Greene,

Ordered, That it be referred to a Committee to report an amendment to the Constitution according thereto.

Messrs. Speight, of Greene, Wellborn, Wilder, Troy and Sawyer compose the Committee.

On motion of Mr. Shober,

The Convention, according to the order of the day, resolved itself into a Committee of the Whole, Mr. Morehead in the Chair, on the Resolution proposing to enquire whether any, and if any, what amendments be necessary in the mode of appointing and removing from office Militia officers and Justices of the Peace. And after some time spent therein, the President resumed the Chair, and Mr. Morehead reported that the Committee had, according to order, had the said Resolution under consideration, and had made no amendment thereto.

The Resolution was read; and on the motion that it be adopted, it was determined in the affirmative.

Messrs. Hodges, Brittain, Biggs, Cathey and Cooper compose the Committee raised by said Resolution.

On motion of Mr. Halsey,

Ordered, That the order of the day on the 9th Resolution, proposing that a Committee be appointed to enquire whether any, and if any, what amendments be proper to be made to the 32d Article of the Constitution, be postponed and made the order of the day for Thursday next.

On motion of Mr. Speight, of Greene,

The Convention, according to the order of the day, resolved itself into a Committee of the Whole, Mr. Bower in the Chair, on the 10th Resolution, proposing that a Committee be appointed to enquire whether any, and if any, what amendments be proper to be made in the Constitution for supplying vacancies in the General Assembly, occurring before the meeting of the General Assembly. And after some time spent therein, the President resumed the Chair, and Mr. Bower reported that the Committee had, according to order, had the said Resolution under consideration, and had made no amendment thereto.

The Resolution was then read and adopted.

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Messrs. Owen, Edwards, Ferebec, Young and Franklin compose the Committee raised by the said Resolution.

And on motion the Convention adjourned.

TUESDAY, JUNE 23, 1835.

The Convention met, pursuant to adjournment. Prayer by the Rev. Mr. Jamieson, of the Methodist Episcopal Church.

Mr. Spaight of Craven, pursuant to previous notice, submitted the following additional Rules for the government of the Convention; which were read and adopted:

There shall be a Committee, consisting of seven members, whose duty it shall be to superintend the engrossing and enrolling of all amendments to the Constitution and Ordinances, and to correct all errors and mistakes in them; also arrange and classify all the amendments to the Constitution, which may be referred to said Committee, and present them in one body, for the final action of the Convention.

When an amendment to the Constitution shall have passed its second reading, and received its third reading, and been considered on that reading, the question shall be on referring it to the Committee of seven, and ordering it to be engrossed; but a motion to amend shall take precedence of that question.

After the amendments to the Constitution and Ordinances shall have passed their third and last reading, they shall be enrolled; the former on parchment, and presented for ratification, which shall be done in Convention, by the signature of the President, and counter-signed by the Secretaries.

Mr. Speight, of Greene, from the Committee to whom the subject was referred, reported the following Article, which passed to its second reading:

That in the election of all officers whose appointment is conferred on the General Assembly by the Constitution, the vote shall be viva voce.

Mr. Swain, from the Committee to whom was referred the Resolution instructing them to enquire and report whether any, and if any, what amendments are proper to be made to the Constitution as to the exclusion, in whole or in part of Borough members from the House of Commons, reported:

That in the opinion of the Committee, the right of representation as heretofore exercised, should be continued to the towns of Edenton, Fayetteville, Newbern and Wilmington, and withheld from the towns of Halifax, Hillsborough and Salisbury. They therefore recommend the adoption of the following amendment to the Article

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prescribing the manner in which the House of Commons shall be constituted, and of the annexed Article in addition thereto: After the word "Representatives" in the third line, insert "exclusive of the town members hereinafter provided for."

Additional Article.--That in addition to the one hundred and twenty Representatives chosen, as hereinbefore prescribed, by the counties of this State, there shall be chosen one Representative in the House of Commons from each of the towns of Edenton, Fayetteville, Newbern and Wilmington.

The engrossed Articles prescribing the manner in which the Senate and House of Commons shall be constituted, were read the third time.

Mr. Fisher moved to fill the blank in the first Article with the word "biennially." And the question being to agree thereto, it was decided in the affirmative. Yeas 85, Nays 35.

The Yeas and Nays were required by one fifth of the members present, on the call of Mr. Speight, of Greene.

Those who voted in the affirmative were

Messrs. Andres, Arrington, Adams, Bower, Barringer, Bryan, Baxter, Brittain, Biggs, Bunting, Brodnax, Crudup, Cathey, Cansler, Cooper, Chalmers, Dockery, Dobson, Elliott, Ferebee, Fisher, Faison, Franklin, Gatling, Gaither, Graves, Gaston (Crave,n) Gaston (Hyde,) Gunn, Grier, Gaines, Gray, Giles, Gudger, Hill, Hogan, Hargrave, Hussey, Hodges, Huggins, Hutcheson, Holmes, Jervis, Joiner, Jacocks, King, Kelly, Lea, McQueen, Morris, McMillan, Melchor, McPherson, McDiarmid, Marchant, Morehead, Martin, Montgomery, Meares, Moore, Norcom, Owen, Pearsall, Parker, Powell (Robeson,) Ramsay (Chatham,) Ramsay (Pasquotank,) Swain, Styron, Skinner, Stallings, Shipp, Sanders, Smith (Orange,) Smith (Yancy,) Shober, Spruill, Toomer, White, Welch, Wilson (Perquimons,) Williams (Person,) Williams (Pitt,) Wellborn and Young--85 Yeas.

Those who voted in the negative were

Messrs. Averitt, Bonner, Branch, Bailey, Birchett, Cox, Calvert, Chambers, Carson (Rutherford,) Collins, Daniel, Edwards, Gilliam, Gary, Hall, Halsey, Jones (Wake,) Macon, Outlaw, Powell (Columbus,) Pipkin, Ruffin, Rayner, Roulhac, Sawyer, Spaight (Craven.) Speight (Greene,) Sugg, Seawell, Tayloe, Troy, Wilson (Edgeco

Journal of the Convention, Called by the Freemen of North-Carolina, to Amend the Constitution of the State, Which Assembled in the City of Raleigh, on the 4th of June, 1835, and Continued in Session Until the 11th Day of July Thereafter: Electronic Edition.