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Journal of the Constitutional Convention of the State of North-Carolina,
at Its Session 1868:
Electronic Edition.

North Carolina. Constitutional Convention (1868)

Funding from the Institute for Museum and Library Services
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Academic Affairs Library, UNC-CH
University of North Carolina at Chapel Hill,
2002.

        © This work is the property of the University of North Carolina at Chapel Hill. It may be used freely by individuals for research, teaching and personal use as long as this statement of availability is included in the text.

Source Description:
(title page) Journal of the Constitutional Convention of the State of North-Carolina, at Its Session 1868
North Carolina. Constitutional Convention (1868)
488, [1] p.
RALEIGH:
JOSEPH W. HOLDEN, CONVENTION PRINTER
1868.

Call number C342.2 1868j c.4 (North Carolina Collection, University of North Carolina at Chapel Hill)

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[Title Page Image]

JOURNAL
OF THE
CONSTITUTIONAL CONVENTION
OF THE
STATE OF NORTH-CAROLINA,
AT ITS
SESSION 1868.

RALEIGH:
JOSEPH W. HOLDEN, CONVENTION PRINTER
1868.

Page 3

JOURNAL
OF THE
CONSTITUTIONAL CONVENTION.

NORTH-CAROLINA STATE CONSTITUTIONAL
CONVENTION.

        The Convention of delegates, elected by the people of the several counties of the State of North-Carolina, in pursuance of the laws of Congress and the orders thereunder issued by the General Commanding the Second Military District, assembled in the Commons Hall of the Capitol, in the City of Raleigh, on the fourteenth day of January, in the year of our Lord one thousand eight hundred and sixty-eight, and of the independence of the United States, the ninety-third, under and by the following anthority:

HEADQUARTERS SECOND MILITARY DISTRICT,

CHARLESTON, S. C., December 31, 1867.

GENERAL ORDERS,
NO. 165.

        At the election held in the State of North-Carolina, on the 19th and 20th days of November, 1867, pursuant to General Orders, No. 101, from these Headquarters, dated October 18, 1867, a majority of the registered voters of the said State having voted on the question of holding a Convention, and a majority of the votes cast being in favor of holding such Convention,

Page 4

the delegates elected thereto, and hereinafter named, are hereby notified, in conformity with the provisions of the fourth section of the act of Congress of March 23, 1867, to assemble in Convention in the City of Raleigh, North-Carolina, at noon, on Tuesday, the 14th day of January, 1868, for the purpose of framing a constitution and civil government according to the provisions of the aforesaid Act of the 23d day of March, 1867, and of the Act of the 2d day of March, 1867, to which it is supplementary.

        A copy of this order will be furnished to each of the persons hereinafter named, and shall be the evidence of his having been elected as a delegate to the aforesaid Convention.


Page 7

        At 12 o'clock, the delegates to the State Constitutional Convention, assembled in the Commons Hall, and proceeded to organize temporarily.

        Mr. Kinney, of Davidson, called the Convention to order.

        Mr. Heaton, of Craven, moved that Mr. Kinney be authorized to call the Convention to order, which motion was carried.

        Mr. Kinney assumed the Chair, and moved that Mr. King, of Lenoir, be made temporary President, which motion was carried.

        The Chair called upon Rev. G. W. Welker, from Guilford, for Prayer.

        On motion of Mr. Heaton, it was ordered that Mr. J. P. Andrews, of Wake, be appointed Secretary pro tem.

        On motion of Mr. Abbott, the Secretary called the roll. The following delegates answered to their names:

        Messrs. Abbott, Andrews, Ashley, Aydlott, Barnes, Bradley, Carey, Carter, Candler, Cherry, Colgrove, Congleton, Cowles, Cox, Daniel, Dowd, Duckworth, Ellis, Eppes, Etheridge, Fisher, Forkner, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Galloway, Garrett, George, Graham of Montgomery, Graham of Orange, Grant of Wayne, Grant of Northampton, Gully, Gunter, Hare, Harris of Wake, Harris of Franklin, Hay, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hodnett, Hoffler, Hollowell, Holt, Hood, Hyman, Ing, Jones of Caldwell, Jones of Washington, King of Lincoln, King of Lenoir, Kinney, Lee, Lennon, Logan, Mann, Mayo, McDonald of Chatham, McDonald of Moore, Moore, Morton, Mullican, Murphy, Nance, Newsom, Patrick, Parker, Parks, Petree, Peterson, Pierson, Pool, Ragland, Ray, Read, Renfrow, Rhodes, Rich, Robbins, Rodman, Rose, Smith, Stilly, Stilwell, Sweet, Taylor, Teague, Tourgee, Trogden, Tucker, Turner, Watts, Welker and Williamson.

        Total present, 100.

        Mr. Rodman offered the following resolution, which was adopted:

        Resolved, That the the delegates to this Convention take

Page 8

the following Oath, and that N. J. Riddick, Clerk of the Circuit Court of the United States, be requested to administer the same:

OATH.

        You do solemnly swear (or affirm,) that you will support the Constitution of the United States, and faithfully discharge your duties as members of this Convention. So help you God.


        Mr. Hood moved that the Oath be administered to the members rising from their seats in their places, with raised hands.

        Amended by Mr. Sweet, so that members be sworn by twelves; names to be taken alphabetically from the list at the Secretary's desk. Adopted.

        Mr. Welker moved that a committee of three be appointed to wait on the Post Commander, and obtain a correct list of delegates to the Convention. The motion was lost.

        The following communication was received from Post Headquarters and read by the Secretary to the Convention:

HEADQUARTERS MILITARY POST OF RALEIGH.

To the President of the Convention, Raleigh, N. C.

        SIR:--I have the honor to transmit herewith the enclosed dispatch from Headquarters Second Military District, for the information of the State Convention.

I am your obedient servant,

DANIEL T. WELLS,
1st Lieutenant 8th U. S. Infantry.
Post Adjutant.

Page 9

CHARLESTON, S. C., Jan. 13th, 1868.

To Commanding Officer, Post of Raleigh.

        General Orders, No. 165, is amended as follows: insert Jas. McCubbins in place of Isaac M. Shaver, as delegate from Davie and Rowan counties, and John G. Marler in place of Edwin P. Bartlett, for Ashe, Alleghany, Wautauga, Surry and Yadkin counties. Order by mail informs all parties.

        By Command of GENERAL CANBY:

(Signed),
LOUIS V. CAZIARC,
A. D. C. and A. A. A. G.


        Delegates present were called up by twelves, and sworn by Mr. Riddick, Clerk of the Circuit Court.

        On motion of Mr. Abbott, it was ordered that when the Convention adjourned, it re-assemble to-morrow at 12 o'clock.

        On motion the Convention adjourned.

WEDNESDAY, JANUARY, 15th, 1868.

        Convention called to order at 12 o'clock, noon, by Mr. King of Lenoir, President pro tem.

        Prayer by Rev. W. H. Logan.

        The roll was called by Mr. Andrews, Secretary pro tem. when the President announced a qourum, ninety seven members answering to their names, as follows:

        Messrs. Abbott, Andrews, Ashley, Barnes, Blume, Bradley, Carey, Carter, Candler, Cherry, Chillson, Colgrove, Cox, Daniel, Duckworth, Durham, Ellis, Epps, Etheridge, Fisher, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Galloway, Garrett, George, Graham of Montgomery, Graham of Orange, Grant of Wayne, Gully, Gunter, Hare, Harris of Wake, Harris of Franklin, Hay, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hodnett, Hoffler, Hollowell, Hood, Hyman, Ing, Jones of Washington, King of Lincoln, King of Lenoir, Kinney,

Page 10

Laflin, Lee, Lennon, Logan, Long, Mann, Mayo, McCubbins, McDonald of Chatham, McDonald of Moore, Moore, Morton, Mullican, Murphy, Nance, Newsom, Nicholson, Patrick, Parker, Parks, Petree, Peterson, Pierson, Pool, Ragland, Ray, Read, Renfrow, Rhodes, Rich, Robbins, Rodman, Rose, Sanderlin, Smith, Stilly, Stillwell, Sweet, Taylor, Teague, Tourgee, Trogden, Tucker, Watts, Welker and Williams of Wake.--97.

        The following delegates were sworn in by Mr. O. J. Rogers:

        Messrs. Durham, Laflin, Hayes of Robeson, Long, Nance, Chillson, Sanderlin, McCubbins, Benbow, Bryan, Blume, George, Nicholson and Turner.

        On motion of Mr. Abbott, the Convention proceeded to the election of permanent officers.

        On motion of Mr. Abbott, Mr. Tourgee was chosen Assistant Secretary pro tem.

        Mr. Harris, of Wake, nominated Mr. Calvin J. Cowles, of Wilkes, as permanent President of the Convention.

        Mr. Hodnett nominated Mr. Plato Durham, of Cleaveland.

        On motion of Mr. Heaton, it was ordered that the roll of members be called, and each delegate announce his choice.

        The roll was called with the following result:

        For Mr. Cowles--Messrs. Abbott, Andrews, Ashley, Aydlott, Barnes, Benbow, Blume, Bradley, Bryan, Carey, Carter, Candler, Cherry, Chillson, Colgrove, Congleton, Cox, Daniel, Duckworth, Eppes, Etheridge, Fisher, Forkner, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Galloway, Garrett, George, Graham of Montgomery, Grant of Wayne, Grant of Northampton, Gully, Gunter, Harris of Wake, Harris of Franklin, Hay, Hayes of Robeson, Heaton, Highsmith, Hobbs, Hoffler, Hollowell, Hood, Hyman, Ing, Jones of Caldwell, Jones of Washington, King of Lincoln, King of Lenoir, Kinney, Laflin, Lee, Logan, Long, Mann, Mayo, Marler, McDonald of Chatham, McDonald of Moore, Moore, Morton, Mullican, Murphy, Nance, Newsom, Nicholson, Patrick, Parker, Parks, Petree, Peterson, Pierson, Pool, Ragland, Ray, Read, Renfrow, Rhodes, Rich, Robbins, Rodman, Rose, Smith, Stilly, Stillwell, Sweet,

Page 11

Taylor, Teague, Tourgee, Trogden, Tucker, Turner, Watts, Welker, Williams of Wake and Williamson.--101.

        For Mr. Durham--Messrs. Graham of Orange, Hare, Hodnett, McCubbins and Sanderlin--5.

        For Mr. Bradley--Mr. Ellis--1.

        For Mr. Rodman--Mr. Lennon--1.

        For Mr. Hodnett--Mr. Durham--1.

        Messrs. Heaton and Abbott were appointed to conduct the President to his seat.

        On motion of Mr. Heaton, the Convention proceeded to the election of a permanent Secretary.

        Mr. Galloway nominated Mr. T. A. Byrnes, of Cumberland.

        Mr. Heaton offered the following resolution.

        Resolved, That T. A. Byrnes, of Cumberland, be appointed permanent Secretary of this Convention. Adopted.

        Mr. Abbott nominated Mr. John H. Boner, Assistant Secretary.

        Vote was taken and Mr. Boner declared elected.

        On motion of Mr. Hood the Convention proceeded to the election of Doorkeepers.

        Mr. Galloway nominated Mr. James H. Jones, of Wake, for Principal Doorkeeper.

        Mr. Ellis nominated Mr. Alexander, of Lincoln, for Principal Doorkeeper.

        Mr. King withdrew the name of Mr. Alexander.

        Mr. Heaton offered the following resolution:

        Resolved, That James H. Jones be appointed Principal Doorkeeper to the Convention.

        Mr. Heaton called for the yeas and nays upon this resolution. The roll was called and resulted yeas 95, nays 10.

        Those who voted in the affirmative are:

        Messrs. Abbott, Andrews, Ashley, Aydlott, Benbow, Blume, Bryan, Carey, Carter, Candler, Chillson, Colgrove, Congleton, Cox, Daniel, Dowd, Duckworth, Eppes, Etheridge, Fisher, Forkner, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Galloway, Garrett, George, Graham of Montgomery, Grant of Wayne, Grant of Northampton, Gully, Gunter, Harris of Wake, Harris

Page 12

of Franklin, Hay, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hoffler, Hollowell, Hood, Hyman, Ing, Jones of Caldwell, Jones of Washington, King of Lincoln, King of Lenoir, Kinney, Laflin, Lee, Logan, Long, Mann, Mayo, McDonald of Chatham, McDonald of Moore, Moore, Morton, Mullican, Murphy, Nance, Newsom, Nicholson, Patrick, Parker, Petree, Pierson, Pool, Ragland, Ray, Read, Rentrow, Rhodes, Rich, Robbins, Rodman, Rose, Smith, Stilly, Stilwell, Sweet, Taylor, Teague, Tourgee, Trogden, Tucker, Turner, Watts, Welker, Williams of Wake, and Williamson--95.

        Those who voted in the negative are:

        Messrs. Barnes, Bradley, Durham, Ellis, Graham of Orange, Hare, Hodnett, Lennon, McCubbins and Sanderlin--10.

        Mr Jones was declared duly elected.

        Mr. Hood moved that Mr. J. T. Ball be elected Assistant Doorkeeper.

        Mr. Ball was chosen by acclamation.

        Mr. Abbott offered the following resolution:

        Resolved, That the rules of order of the House of Commons of the Legislature of this State for 1865-'66 be adopted by this Convention, so far as practicable, until otherwise ordered.

        Mr. King moved to amend by snbstituting "Rules of Order of the Convention of this State for 1865-66," which was accepted, and the resolution as thus amended, was adopted.

        Mr. Smith moved that the new elected officers be sworn, which was done by Mr. C. J. Rogers, whereupon they took their positions, and entered on the discharge of their duties.

        Mr. Heaton offered the following resolution:

        Resolved, That a Committee of two members from each Judicial District be appointed by the President, whose duty it shall be to consider and report at the earliest practicable moment, the best mode of proceeding to frame a Constitution, and Civil Government according to the provisions of the Acts of Congress.

        The resolution was read and adopted.

        Mr. Sweet offered the following resolution, which was adopted:

Page 13

        Resolved, That the President appoint a Committee of five to frame Rules of Order for the government of the Convention.

        Mr. Pool offered the following resolution:

        Resolved, That this Convention being called for the purpose of framing a Constitution Republican in form, no proposition purely legislative shall be entertained until the Constitution shall have been adopted.

        Mr. Jones moved to lay the resolution on the table.

        Mr. Forkner moved to adjourn.

        Mr. King moved to amend by adding the words 10 o'clock to-morrow.

        The motion of Mr. King was put and lost.

        When the question recurring on the motion to lay on the table,

        The yeas and nays being demanded, resulted yeas 44, nays 53. The motion was lost.

        Mr. Abbott moved that the resolution of Mr. Pool be referred to a Committee of three.

        On motion of Mr. Garrett, the Convention adjourned to meet to-morrow at 10 o'clock.

THURSDAY JANUARY 16TH, 1868.

        The Convention was called to order at 10 o'clock by the President.

        Prayer by the Rev. G. W. Welker.

        Roll called by the Assistant Secretary. The following members answered to their names:

        Messrs. Abbott, Andrews, Ashley, Aydlott, Barnes, Benbow, Blume, Bradley, Carey, Carter, Candler, Cherry, Chillson, Colgrove, Congleton, Cox, Daniel, Duckworth, Durham, Ellis, Eppes, Etheridge, Fisher, Forkner, Franklin, French of Bladen, French of Rockingham, French of Chowan, Gahagan, Galloway, Garrett, George, Graham of Montgomery, Graham of Orange, Grant of Wayne, Grant of Northampton, Gully, Gunter, Hare, Harris of Wake, Harris of Franklin, Hay, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith,

Page 14

Hodnett, Hoffler, Hood, Ing, Jones of Caldwell, Jones of Washington, King of Lenoir, Kinney, Laflin, Lee, Legg, Lennon, Logan, Long, Mann, Mayo, McCubbins, McDonald of Moore, Moore, Morton, Mullican, Murphy, Nance, Patrick, Parker, Parks, Petree, Peterson, Pierson, Pool, Ragland, Ray, Read, Renfrow, Rhodes, Rich, Robbins, Rodman, Rose, Smith, Stilly, Stilwell, Sweet, Taylor, Teague, Tourgee, Trogden, Tucker, Turner, Watts, Welker, Williams of Wake, Williams of Sampson and Williamson--100.

        The Journals of Tuesday 14th, and Wednesday 15th, were read and approved.

        Ordered by the President, that the order of General Canby, (No. 165,) calling this Convention, be entered on the record of the 1st day's proceedings.

        In accordance with the resolution of Mr. Heaton, Wednesday 15th, the Chair appointed the following Committee.

        The Chair in accordance with the resolution of Mr. Sweet, passed Wednesday 15th, appointed the following Committee on Rules of Order:

        Messrs. W. H. S. Sweet, A. H. Galloway, C. C. Pool, J. W. Graham and E. Fullings.

        Mr. Julius Garland, of Yancey and Mitchell,

        Mr. Alex. Williams, of Sampson,

        Mr. J. H. Baker, of Edgecombe,

        Were duly qualified by the Chairman, and took their seats in the Convention.

        Mr. Abbott referred to his motion made Wednesday, viz: That the resolution on Legislation offered by Mr. Pool, viz: That the Convention being called for the purpose of framing a Constitution Republican in form, no proposition purely

Page 15

Legislative shall be entertained until the Constitution shall have been adopted, be referred to a Committee of three.

        This motion was amended by Mr. French, of Chowan, by referring to a Committee of 16, on Constitution and Civil Government, appointed by the Chair.

        The motion as amended, passed.

        Mr. Jones presented the following resolution, which was adopted:

        Resolved, That the President of this Convention invite the Clergymen of the City of Raleigh to open the services of this Convention each morning with Prayer.

        Mr. Abbott offered the following resolution:

        Resolved, That no Reporter for any newspaper shall hereafter be allowed upon this floor, who in his reports shall treat the Convention, or any of its members with disrespect, but that they shall, in case of offence in this respect be excluded from the floor of the Hall and from the Galleries, by the President.

        After considerable discussion, the resolution was submitted to the House.

        Mr. Moore, of Granville, moved to lay the resolution on the table.

        Mr. Graham, of Orange, called for the yeas and nays.

        Those who voted in the affirmative, are:

        Messrs. Andrews, Aydlott, Baker, Benbow, Blume, Bradley, Chillson, Daniel, Dowd, Durham, Ellis, Franklin, Graham of Orange, Grant of Northampton, Gully, Hare, Harris of Franklin, Hobbs, Hodnett, Moore, Nicholson, Parker and Rich--28.

        Those who voted in the negative are:

        Messrs. Abbott, Ashley, Barnes, Bryan, Carey, Carter, Candler, Cherry, Colgrove, Congleton, Cox, Duckworth, Fisher, Forkner, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Galloway, Garrett, George, Graham of Montgomery, Grant of Wayne, Gunter, Harris of Wake, Hay, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hoffler, Hood, Hyman, Ing, Jones of Caldwell, Jones of Washington, King of Lenoir, Kinney, Lee,

Page 16

Logan, Long, Mann, Mayo, McDonald of Chatham, McDonald of Moore, Morton, Mullican, Murphy, Nance, Newsom, Patrick, Parks, Petree, Peterson, Pierson, Pool, Ragland, Ray, Read, Renfrow, Rhodes, Robbins, Rodman, Rose, Smith, Stilwell, Sweet, Taylor, Teague, Tourgee, Trogden, Turner, Watts, Welker and Williamson--76.

        Mr. Hood moved the previous question.

        Mr. Forkner moved to suspend the rules and put the resolution to a final reading. Carried.

        Mr. Graham, of Orange, called for the yeas and nays.

        Those who voted in the affirmative are:

        Messrs. Abbott, Andrews, Ashley, Aydlott, Barnes, Benbow, Blume, Bryan, Carey, Carter, Candler, Chillson, Colgrove, Congleton, Cox, Duckworth, Eppes, Etheridge, Fisher, Forkner, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Galloway, Garrett, George, Graham of Montgomery, Grant of Wayne, Gully, Gunter, Harris of Wake, Hay, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hood, Hyman, Ing, Jones of Caldwell, Jones of Washington, King of Lenoir, Kinney, Laflin, Lee, Logan, Long, Mann, Mayo, McDonald of Chatham, Morton, Mullican, Murphy, Nance, Newsom, Patrick, Parks, Petree, Peterson, Pierson, Pool, Ragland, Ray, Read, Renfrow, Rhodes, Rich, Robbins, Rodman, Rose, Smith, Stilwell, Sweet, Taylor, Teague, Tourgee, Trogden, Tucker, Turner, Watts, Welker and Williamson--86.

        Those who voted in the negative are:

        Messrs Bradley, Daniel, Durham, Ellis, Graham of Orange, Grant of Northampton, Hare, Harris of Franklin, Hobbs, Hodnett, McCubbins, Moore, Nicholson, Parker, Sanderlin and Williams of Sampson--16.

        Mr. Durham offered the following protest, to be entered on the Journals:

        As this resolution is a step towards restricting the liberties

Page 17

of the Press, and of keeping information from the people, we protest against its passage.

(Signed,)

P. DURHAM,

JAMES R. ELLIS,

J. S. McCUBBINS,

HAYNES LENNON,

ALEXANDER WILLIAMS,

JOHN W. GRAHAM,

J. B. HARE,

PHILLIP HODNETT,

THOMAS SANDERLIN.


        Mr. Heaton offered the following resolution, which was adopted:

        Resolved, That the Secretary of this Convention is hereby authorized and instructed to procure an American Flag to be suspended from the dome of the Capitol.

        Mr. French, of Chowan, offered the following resolution:

        Resolved, That 11 o'clock, A. M., until otherwise ordered, be the hour for the daily meeting of this Convention.

        Mr. King, of Lenoir, offered to amend, so as to read 10 o'clock.

        The amendment was not sustained by the House, and the original resolution was adopted.

        Mr. Graham, of Orange, moved to adjourn.

        The motion was put to the House and lost.

        Mr. Abbott moved that the Convention enter into the election of a Sergeant at Arms.

        Mr. Abbott withdrew his motion, and offered the following resolution:

        Resolved, That this Convention does hereby create the office of Sergeant at Arms, and will proceed immediately to the election of that officer.

        Mr. Ashley moved a suspension of the rules, to bring the resolution before the House.

        Mr. King, of Lenoir, called for the yeas and nays.

        Those who voted in the affirmative are:

        Messrs. Abbott, Andrews, Ashley, Aydlott, Bryan, Carey, Carter, Candler, Chillson, Colgrove, Congleton, Cox, Duckworth,

Page 18

Fisher, Forkner, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Galloway, Garrett, Grant of Wayne, Grant of Northampton, Gully, Harris of Wake, Harris of Franklin, Hay, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hoffler, Hood, Hyman, Ing, Jones of Caldwell, Jones of Washington, Kinney, Laflin, Lee, Logan, Long, Mann, Mayo, McCubbins, McDonald of Moore, Murphy, Nance, Newsom, Nicholson, Patrick, Parker, Parks, Petree, Pierson, Pool, Ragland, Ray, Read, Renfrow, Rhodes, Rich, Robbins, Rodman, Rose, Smith, Stilly, Stilwell, Sweet, Taylor, Teague, Tourgee, Trogden, Tucker, Turner, Watts, Welker, Williams of Wake and Williamson--82.

        Those who voted in the negative are:

        Messrs. Baker, Barnes, Daniel, Durham, Ellis, Etheridge, Graham of Orange, Gunter, Hodnett, King of Lenoir, Lennon, McDonald of Chatham, Moore, Mullican, Peterson, Sanderlin and Williams of Sampson--17.

        Mr. Abbott then offered the following substitute:

        Resolved, That this Convention do now proceed to an election of Sergeant at Arms.

        Which was adopted.

        Mr. Rodman moved to reconsider.

        Pending which the House adjourned.

FRIDAY JANUARY 17TH, 1868.

        The Convention was called to order at 11 o'clock, by the President.

        Prayer by the Rev. Mr. Lennon.

        The Roll was called by the Secretary, 106 members answering to their names.

        Messrs. Abbott, Andrews, Ashley, Aydlott, Baker, Barnes, Benbow, Blume, Bradley, Bryan, Carey, Carter, Chillson, Colgrove, Congleton, Cox, Daniel, Dowd, Duckworth, Durham, Ellis, Eppes, Etheridge, Fisher, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fullings,

Page 19

Gahagan, Galloway, Garland, Garrett, George, Graham of Montgomery, Graham of Orange, Grant of Wayne, Grant of Northampton, Gully, Gunter, Hare, Harris of Franklin, Hay, Hayes of Robeson, Hayes of Halifax, Heaton, Hobbs, Hodnett, Hoffler, Hollowell, Holt, Hood, Hyman, Ing, Jones of Caldwell, Jones of Washington, King of Lincoln, King of Lenoir, Kinney, Lee, Lennon, Logan, Long, Mann, Mayo, McCubbins, Merritt. McDonald of Chatham, McDonald of Moore, Moore, Morton, Mullican, Murphy, Nance, Newsom, Nicholson, Patrick, Parker, Parks, Petree, Peterson, Pierson, Pool, Ragland, Read, Renfrow, Rhodes, Rich, Robbins, Rodman, Rose, Sanderlin, Smith, Stilly, Stilwell, Sweet, Taylor, Teague, Tourgee, Trogden, Turner, Watts, Welker, Williams of Sampson and Williamson--105.

        The Journals of Thursday was read and approved.

        On motion of Mr. Welker, Mr. J. C. L. Harris was appointed Secretary pro tem., during the illness of Assistant Secretary, Mr. Boner.

        Mr. Rodman's motion to reconsider the vote taken the day previous, on Mr. Abbott's resolution for the election of Sergeant at Arms, was taken up.

        Mr. Rodman withdrew his motion to reconsider.

        Mr. E. M. Holt, delegate from Orange, and Mr. W. H. Merritt, of Person, were properly, qualified by the President, and took their seats in the Convention.

        The rules having been suspended Thursday, for the election of Sergeant at Arms, the House proceeded to an election.

        Mr. Abbott nominated Mr. I. A. Peck.

        Mr. Ellis, of Catawba, nominated Mr. C. J. Rogers.

        Mr. Smith moved that the Roll be called, and each delegate announce his choice.

        For Mr. Peck--Messrs. Abbott, Andrews, Ashley, Aydlott, Barnes, Benhow, Bryan, Carey, Carter, Candler, Cherry, Chillson, Colgrove, Congleton, Cox, Duckworth, Eppes, Fisher, Forkner, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Galloway, Garland, Garrett, George, Graham of Montgomery, Gully, Harris of

Page 20

Wake, Hay, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hoffler, Hood, Hyman, Ing, Jones of Caldwell, Jones of Washington, King of Lincoln, King of Lenoir, Lee, Logan, Long, Mann, Mayo, Merritt, McDonald of Moore, Morton, Mullican, Murphy, Nance, Newsom, Patrick, Petree, Peterson, Pierson, Pool, Ragland, Read, Renfrow, Rhodes, Rich, Robbins, Rodman, Rose, Smith, Stillwell, Sweet, Taylor Teague, Tourgee, Trogden, Turner, Watts, Welker, Williams of Sampson and Williamson.--82.

        For Mr. Rogers--Messrs. Blume and Moore--2.

        For Mr. Ball--Mr. Graham, of Orange--1.

        Mr. Peck being declared elected, was properly qualified by the Secretary, and entered upon his duties.

        Mr. Sweet, as Chairman of the Committee on Rules of Order, presented the following report:

REPORT OF THE SELECT COMMITTEE ON RULES.

        The "Select Committee appointed to prepare and report to the Convention a code of rules for the regulation of its proceedings" submit the following report:

CHAPTER I.
OF THE POWERS AND DUTIES OF THE PRESIDENT.

        Rule 1. The President shall take the Chair each day at the hour appointed for the meeting of the session.

        Rule 2. He shall possess the powers and perform the duties herein prescribed, viz:

        1. He shall preserve order and decorum.

        2. He shall decide all questions of order, subject to appeal to the Convention. On every appeal, he shall have the right, in his place, to assign his reasons for his decision.

        3. He shall appoint all committees except where the Convention shall otherwise order.

        4. He may substitute any member to perform the duties of

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the Chair for a period not exceeding two consecutive legislative days.

        5. When the Convention shall be ready to go into Committee of the Whole, he shall name a Chairman to preside therein.

CHAPTER II.
OF THE DAILY ORDER OF BUSINESS.

        Rule 3. The first business of each day's session shall be the reading of the Journal of the preceding day and the correction of any errors that may be found to exist therein. After which, except on days and at times set apart for the consideration of special orders, the order of business, which shall not be departed from except by unanimous consent, shall be as follows, viz:

        1. The presentation of memorials. Under which head shall be included petitions, remonstrances and communications from individuals and from public bodies.

        2. Notices.

        3. Reports of Standing Committees.

        4. Reports of Select Committees.

        5. Resolutions.

        6. Unfinished business of the General Orders.

        7. Special Orders.

        8. General Orders.

CHAPTER III.
OF THE RIGHTS AND DUTIES OF MEMBERS.

        Rule 4. The President, or any member, when he shall be recognized in his place, may present, under the proper order of business, any paper of a respectful character, addressed to the Convention, and the same, unless the Convention shall otherwise order, shall be referred to the appropriate Committee.

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        Rule 5. Every member presenting a paper shall endorse the same; if a petition, memorial, remonstrance, or communication in answer to a call for information, with a concise statement of its subject, adding his name; if a notice or resolution, with his name; if the report of a committee, with a statement of its subject, the name of the committee and of the member making the report; if a proposition of any other kind for the consideration of the Convention, with a statement of its subject, the proposer's name, and the reference, if any, desired.

        Rule 6. Every member who shall be within the bar of the Convention when a question shall be stated from the Chair, shall vote thereon unless he be excused by the Convention or be personally interested in the question. No member shall be obliged to vote on any question unless within the bar when the question shall be put, or in the case of a division by yeas and nays, before the last name shall be called. The bar of the Convention shall be deemed to include the semi-circle of colnmns.

        Rule 7. Any member desiring to be excused from voting, must make his request before his name is passed. He may then state concisely, without argument, his reasons for asking to be excused, and the question of excusing shall be taken without debate.

CHAPTER IV.
OF ORDER AND DECORUM.

        Rule 8. No member rising to debate, to give a notice, make a motion or present a paper of any kind, shall proceed until he shall have addressed the President, and been recognized by him as entitled to the floor.

        Rule 9. Where a member shall have the floor for any purpose, no member shall entertain any private discourse or pass between him and the Chair.

        Rule 10. While the President shall be putting a question, or a division by counting shall be had, no member shall leave

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his place, or speak, unless to make a privileged motion or state a question of privilege demanding immediate attention.

        Rule 11. When a motion to adjourn, or for a recess, shall be affirmatively determined, no member or officer shall leave his place till the adjournment or recess shall be declared by the President.

CHAPTER V.
OF ORDER IN DEBATE.

        Rule 12. No member shall speak more than once to the same question, without leave of the Convention, until every member desiring to speak on the question pending shall have spoken.

        Rule 13. No remark reflecting personally upon the action of any member shall be in order in debate, unless preceded by a motion or resolution of investigation or censure.

        Rule 14. If any member, in speaking, shall 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 not rise, unless to explain or proceed in order.

CHAPTER VI.
OF COMMITTEES AND THEIR DUTIES.

        Rule 15. Standing Committees shall be appointed by the President, to consider and report severally upon the following subjects, and such others as may be referred to them, viz:

        Rule 16. All Reports of Committees embracing proposition pertaining to the formation of a Constitution, shall be referred, as of course, to the Committee of the Whole for consideration therein before final action by the Convention.

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CHAPTER VII.
OF GENERAL AND SPECIAL ORDERS.

        Rule 17. The matters referred to the Committee of the Whole shall constitute the General Orders, and shall be recorded by their titles or subjects in a calandar to be kept for that purpose by the Secretary, in the order in which they shall be referred respectively.

        Rule 18. Any particular report or other matter on the General Orders, may be made a Special Order for any particular day or from day to day, with the assent of two-thirds of the members voting, and no Special Order shall be postponed or rescinded except by a similar vote.

CHAPTER VIII.
OF THE COMMITTEE OF THE WHOLE.

        Rule 19. The same rules shall be observed in Committee of the Whole as in the Convention, as far as applicable, except that the previous question shall not apply, nor shall the yeas and nays be taken on a division.

        Rule 20. A motion to rise and report progress shall be in order at any stage, and shall be decided without debate.

        Rule 21. Subjects shall be taken up in Committee of the Whole in the order in which they shall stand on the General Orders, unless the Committee, by a two-third's vote, shall, in any case, otherwise direct. The paper under consideration shall first be read at length, unless the Committee shall otherwise order, and shall then be read and considered by sections. All amendments made in Committee of the Whole shall be reported to the Convention for action.

        Rule 22. If at any time, in the Committee of the Whole, it shall appear that no quorum be present, the Committee shall immediately rise, and the Chairman shall report the fact to the Convention.

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CHAPTER IX.
OF MOTIONS AND THEIR PRECEDENCE.

        Rule 23. When a question shall be under consideration, no motion shall be received except as herein specified, and motions shall have precedence in the order stated, viz:

        Rule 24. The motion to adjourn for the day, for the previous question and to lay on the table, shall be decided without amendment or debate. The respective motions to postpone or commit shall preclude debate on the main question.

        Rule 25. Every motion or resolution shall, after presentation, be first stated by the President, or, on his order, read by the Secretary before debate, and again, if desired by any member, immediately before putting the question. And every resolution and amendment shall be reduced to writing, if the President or any member desires it.

        Rule 26. After a proposition shall have been stated by the President, it shall be deemed to be in possession of the Convention, but may be withdrawn at any time before it shall be decided or amended.

        Rule 27. The motions to adjourn or to take a recess shall be always in order when made by a member entitled to the floor.

        Rule 28. No motion for the reconsideration of any vote shall be in order, unless made on the same day, or the next following legislative day, on which the decision proposed to be reconsidered

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shall have taken place; nor unless moved by one who shall have voted in the majority. After a motion for a reconsideration shall have been put and lost, it shall not be renewed without the unanimous consent of the Convention.

        Rule 29. The motion for the previous question shall be put without debate, and until it be decided shall preclude further amendment. The question shall be, "Shall the main question be now put;" and if determined in the affirmative, no further debate or amendment shall be in order, and the main question shall be on the passage of the resolution or other matter under consideration; but when amendments shall be pending, the question shall be first taken on the amendments in their order; and when amendments shall have been recommended by the Committee of the Whole, and not acted on by the Convention, the question shall be taken upon such amendments in like order.

CHAPTER X.
OF RESOLUTIONS.

        Rule 30. The following classes of resolutions shall lie over one day for consideration, after which they may be called up, as of course, under their appropriate order of business:

        1. Resolutions giving rise to debate, except such as shall relate to the disposition of business immediately before the Convention, to the business of the day on which they may be offered, or to adjournment or recess.

        Rule 31. All resolutions for the printing of an extra number of documents, shall be referred, as of course, to the Standing Committee on Printing, for their report thereon before final action by the Convention.

        Rule 32. All resolutions authorizing or contemplating expenditures for the purpose of the Convention, shall be referred to the Standing Committee on Contingent Expenses, for their report thereon before final action by the Convention.

        Rule 33. In case of the absence of a quorum at any session of the Convention, the members present, if exceeding one-fifth

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of the whole number, may take such measures as they may deem necessary to secure the presence of a qnorum, and may inflict such censure or pecuniary penalty as they may deem just, on those who on being called on for that purpose shall render no sufficient excuse for their absence.

        Rule 34. If any question contain several distinct propositions, it shall be divided by the President, at the request of any member: Provided, Each sub-division, if left to itself, shall form a substantive proposition; but the motion to strike out and insert shall be indivisible.

        Rule 35. The yeas and nays shall be taken and recorded in the journal on any question when demanded by one-fifth of the members present, except in cases where such a division shall have been already ordered on a pending question.

        Rule 36. No standing rule of the Convention shall be suspended, amended or rescinded, unless one day's notice of the motion therefor shall have been given; nor shall any amendment or repeal be then made, except by the vote of a majority of all the members elected to the Convention. But such notice shall not be required on the last day's session. The notice and motion for a suspension, shall each state specifically the number of the rule and the object of the proposed suspension; and every suspension, on such notice and motion, shall be held to apply only to the partitular object or objects specied therein.

        Rule 37. All questions relating to the priority of business, that is, the priority of one subject matter over another, under the same order of business, the postponement of any special order, or the suspension of any rule, shall be decided without debate.

        Rule 38. There shall be printed, as of course, and without any special order, one hundred and fifty copies of all reports of committees on the subject of the formation of a Constitution, and of all reports and communications made in pursuance of the order or request of the Convention.

        Rule 39. The Sergeant-at-Arms shall receive from the printer all matter printed for tne use of the Convention, and shall keep a record of the time of the reception of each document,

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and the number of copies received, and shall cause a copy of each to be placed on the desks of the members, officers and reporters entitled to receive them, immediately after their reception by him.

        Rule 40. The Sergeant-Arms shall perform to duties of Postmaster of the Convention, and as such shall receive, distribute and dispatch such mail matter as shall be deposited in his office, addressed to or by the members of the Convention.


        All of which is respectfully submitted.

W. H. S. SWEET, Chairman.

A. H. GALLOWAY,

C. C. POOL,

JOHN W. GRAHAM,

EDWARD FULLINGS.


        Mr. Sweet, of Craven, offered the following resolution, which was adopted:

        Resolved, That the rules be read separately, and except where a vote is demanded, or an amendment offered, each shall be declared adopted without a formal vote.

        The Rules were read separately and adopted by the House.

        Mr. Durham moved to strike out the previous question from the Rules, but was not sustained by the House.

        Mr. C. C. Jones offered the following resolution, which was adopted:

        Resolved, That the President of the Convention be requested to inform Major Gen. E. R. S. Canby, of this Military District, that this Convention is permanently organized, and is peoceeding to the dispatch of business.

        Mr. Ashley offered the following order:

        Ordered, That no person, except members and officers of the Convention, be permitted to come upon the floor, except by invitation of one of the members of the Convention.

        Put to the House and lost.

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        Mr. Heaton, of Craven, as Chairman of the Committee on best mode of proceeding to frame a Constitution and Civil Government according to the acts of Congress submitted the following report:

        The Committee appointed to consider and report upon the best mode of proceeding to frame a Constitution and Civil Government according to the Acts of Congress respectfully report as follows:

        Resolved, That the Standing Committees be appointed by the President to report on each of the following subjects, viz:

        1. On a Preamble and Bill of Rights.

        2. On a Governor and other necessary State Executive Officers, their election or appointment, tenure of office, powers, compensation and duties.

        3. On the Legislature, its organization, the number, appointment, election, tenure of office of its members, its powers and duties, except as otherwise referred.

        4. On the Judicial Department.

        5. On the finances of the State, the public debt, revenues, expenditures and taxation, and restrictions on the powers of the Legislature in respect thereto.

        6. On Internal Improvement.

        7. On counties, cities, towns and villages, their officers, organization, government and powers.

        8. On Corporations other than municipal.

        9. On Punishments and Penal Institutions.

        10. On Militia.

        11. On Education, Common Schools, University and the means of their support.

        12. On Suffrage and Eligibility to Office.

        13. On Homesteads.

        The Committee also recommend the different Standing

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Committees, as named, shall each consist of thirteen members.

Committee.


        On motion of Mr. Tourgee, the report was adopted.

        On motion of Mr. Mann, the Committee on Rules was discharged.

        On motion of Mr. Tourgee, the Sergeant at Arms was ordered to cause to be printed one hundred and fifty copies of the Rules of Order.

        Mr. Ashley introduced the following preamble and resolution:

        WHEREAS, The Committee of Sixteen was directed to consider and report the best practicable plan for establishing a Constitution and Civil Government loyal to the Union; and whereas, the report now presented only provides a plan for the establishment of a Constitution, ignoring anything like a plan for the adoption and carrying into effect that Constitution: therefore,

        Resolved, That the Committee be instructed as soon as practicable to consider and report upon the best method of

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carrying into effect the Constitution, or establishing a civil government in North-Carolina.


        Mr. Heaton moved the resolution be returned for revision,

        When it was decided that the resolution should lie over one day.

        The following resolution, introduced by C. C. Jones, was read and adopted:

        Resolved, That the President of this Convention be requested to inform Major-General E. R. S. Canby, Commander of this Military District, that this Convention is permanently organized and is proceeding to the dispatch of business.

        Mr. Forkner offered the following resolution:

        Resolved, by the delegates of the people of North-Carolina, in Convention assembled, That the Secretary of State furnish each delegate of this Convention a copy of the Constitution adopted by the Convention of 1865-'66 for the use of the delegates.

        On motion, the rules were suspended.

        On motion of Mr. Hood, the resolution was amended by inserting the words "be requested to" before the word furnish.

        Mr. Watts moved to amend by striking out the word "State" and insert "North-Carolina."

        Mr. Tourgee moved to insert the word "Provisional" before Secretary, which was agreed to, and the resolution as amended was adopted.

        Mr. Rich offered the following resolution:

        Resolved, That the Secretary apply to General Canby for a full statement of the votes for and against a Convention in the several Counties of this State.

        On motion, the rules were suspended.

        Mr. Rodman moved to amend by adding, "also for a statement of the vote by Counties received by each candidate for this Convention."

        The amendment was adopted.

        The resolution as amended was adopted.

        Mr. McDonald, of Chatham, offered the following resolution:

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        Resolved, That a Committee of Eight, to consist of one member from each Judicial District, be raised by this Convention, whose duty it shall be to devise and report to the Convention some plan to relieve the people of the State from the pressure of debts under which they labor, and which must, unless some remedy be afforded, result in general bankruptcy and thus add very greatly not only to the present general distress, but operate to the serious injury of all our industrial pursuits.


        Mr. Rodman offered the following ordinance as a substitute to the resolution of Mr. McDonald:

        SECTION 1. Be it ordained by the people of North-Carolina in Convention assembled, That no court of law or equity of this State shall have jurisdiction of any suit or action founded on any contract made prior to the first day of May, 1865, (except actions against public officers, executors, administrators, guardians, trustees, and others acting in a fiduciary capacity, and their sureties for breach of their respective trusts,) or of any action or process to revive or enforce any judgment heretofore recovered on any such contracts, whether such action be now pending or shall be commenced hereafter, and whether such process has been already issued or shall be hereafter sued for; and the Sheriffs, Coroners and Constables of this State, having in their hands any final process issued upon any judgment founded on such cause of action, are hereby commanded to stay all proceedings upon the same, and to return the same to the proper court.

        SEC. 2. This ordinance shall be in force from and after its ratification by this Convention, and shall continue in force until the Constitution which this Convention has met to form shall go into effect.

        Mr. Tourgee moved to refer this entire subject to the Committee of the Whole, and make it the Special Order for Tuesday next at 12 o'clock, which was agreed to.

        Mr. Durham offered the following resolutions:

        Resolved, That it is the sincere desire of the people of North-Carolina to restore the State to her Constitutional relations with the Federal Government at the earliest day practicable,

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upon terms just and honorable, both to the Government of the United States and to the State.

        Resolved, That, recognizing the helpless condition of North-Carolina and the power of the Federal Government to force the acceptance of the terms of reconstruction proposed by Congress, it is nevertheless the sense of this Convention that these measures known as the Reconstruction Acts are unconstitutional, unwise, unjust and oppressive; subversive of the rights and liberties of eight millions of people, and calculated to hasten and complete the destruction of that wise system of government, which, when faithfully adherred to, secured so much happiness and prosperity to the American people.

        Resolved, That the white and black races are distinct by nature, and that any and all efforts to abolish or abridge such distinction, and to degrade the white to the level of the black race, are crimes against the civilization of the age and against God.

        Resolved, That the Government of the United States and of the Southern States were instituted by white men, and that while the lives, liberty and property of the black race should be protected by just laws, these governments ought to be controlled by white men only.

        Resolved, That we appeal to the sense of justice of the masses of the Northern people to remove from the intelligent American citizens of the Southern States the degradation now heaped upon them, and to consider the dire results to the whole country if the policy of depriving eight millions of people of the services of these statesmen, disfranchising intelligent whites and transferring political power to ignorant blacks should be continued.

        After some discussion the House, on motion, adjourned.

SATURDAY, JANUARY 18TH, 1868.

        The Convention was called to order at 11 o'clock, by the President.

        Prayer by the Rev. Dr. Smith.

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        The roll was called by the Secretary. One hundred and eight delegates answered to their names.

        Mr. Tourgee presented a Memorial from the Friends Association of Philadelphia and its vicinity, for the relief of colored Freedmen.

        The petition was read and referred to the Committee on Education.

        Mr. Heaton, Chairman of the Committee of sixteen, presented the following report, viz:

        The Committee of sixteen, to whom was referred the following resolution, viz:

        Resolved, That this Convention has been convened for the purpose of framing a Constitution Republican in form, and that no proposition purely legislative, shall be entertained until the Constitution shall have been adopted;

        Have had the same under consideration, and report the following as a substitute therefor:

        Resolved, That this Convention being called to frame a Constitution and Civil Government in accordance with the Acts of Congress, will proceed in the discharge of that duty as speedily as practicable.

        All of which is respectfully submitted.

D. HEATON, Chairman.


        On motion of Mr. Tourgee, the report was adopted.

        Mr. Bradley, of Wautauga, offered the following resolution:

        Resolved, That a Committee of three be appointed to wait on his Excellency, the Governor of North-Carolina, and inform him of the organization of the Convention, and that the Convention is now ready to receive any communication he may desire to make.

        Laid over under the rules.

        Mr. King, of Lenoir, offered the following resolution:

        Resolved, That the word "suspended," in rule 36, lines 1st and 2d, be stricken out.

        Laid over under the rule.

        Mr. Ashley's resolution offered the day previous was taken up, when

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        Mr. Ashley offered the following as a substitute:

        Resolved, That the Committee of sixteen, be instructed to further consider, and report as soon as practicable, upon the best method of carrying into effect the Constitution, or establishing a Civil Government in North-Carolina.

        On motion of Mr. Abbott, the resolution was adopted.

        The resolutions offered by Mr. Durham yesterday, were taken up.

        Mr. Durham moved to make his resolutions a Special Order for Wednesday next, at 12 o'clock.

        Mr. King, of Lenoir, moved to lay the resolution on the table.

        On this motion, Mr. Durham demanded the yeas and nays. The demand was sustained.

        The motion was lost by the following vote:

        Those who voted in the affirmative are:

        Messrs. Andrews, Candler, Colgrove Daniel, Dowd, Franklin, Gahagan, George, Graham of Montgemery, Gunter, King of Lenoir, Logan, Morton, Newsom, Nicholson, Peterson, Pool, Rhodes, Rich, Robbins and Rose--21.

        Those who voted in the negative are:

        Messrs. Abbott, Ashley, Aydlott, Baker, Barnes, Benbow, Blume, Bradley, Bryan, Carey, Carter, Cherry, Chillson, Congleton, Cox, Dickey, Duckworth, Durham, Ellis, Etheridge, Fisher, Forkner, French of Bladen, French of Rockingham, French of Chowan, Fullings, Galloway, Garland, Garrett, Graham of Orange, Grant of Northampton, Gully, Hare, Harris of Wake, Harris of Franklin, Hay, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hodnett, Hollowell, Holt, Hood, Hyman, Ing, Jones of Caldwell, Jones of Washington, King of Lincoln, Kinney, Laflin, Lee, Legg, Lennon, Long, Mann, Mayo, McCubbins, Merritt, McDonald of Chatham, DcDonald of Moore, Moore, Murphy, Nance, Patrick, Parker, Parks, Petree, Pierson, Ragland, Ray, Read, Renfrow, Rodman, Sanderlin, Smith, Stilly, Stilwell, Sweet, Taylor, Teague, Tourgee, Trogden, Tucker, Turner, Watts, Welker, Williams of Sampson and Williamson--90.

        Mr. King, of Lenoir, moved to amend the motion of Mr.

Page 36

Durham, to postpone to Wednesday next, at 12 o'clock, M., by postponing to the 20th of May, 1868.

        Mr. Andrews moved to amend by substituting 1869 for 1868.

        Mr. Tourgee called for the previous question, which was on Mr. King's amendment. The call was sustained.

        Mr. Graham, of Orange, called for the yeas and nays. The call was sustained.

        The amendment was lost by the following vote:

        Those who voted in the affirmative are:

        Messrs. Andrews, Candler, Graham of Montgomery, King of Lenoir, Morton, Newsom and Pool--7.

        Those who voted in the negative are:

        Messrs. Ashley, Aydlott, Baker, Barnes, Benbow, Blume, Bradley, Bryan, Carey, Carter, Cherry, Chillson, Colgrove, Congleton, Cox, Daniel, Dowd, Duckworth, Durham, Ellis, Eppes, Etheridge, Fisher, Forkner, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Galloway, Garland, Garrett, George, Graham of Orange, Grant of Northampton, Gunter, Hare, Harris of Franklin, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hodnett, Hollowell, Holt, Hood, Hyman, Ing, Jones of Caldwell, Jones of Washington, King of Lincoln, Kinney, Laflin, Lee, Legg, Lennon, Logan, Long, Mann, Mayo, McCubbins, Merritt, McDonald of Chatham, McDonald of Moore, Moore, Mullican, Murphy, Nance, Nicholson, Patrick, Parker, Parks, Petree, Peterson, Pierson, Ragland, Ray, Read, Renfrow, Rhodes, Rich, Robbins, Rodman, Rose, Sanderlin, Stilly, Stilwell, Sweet, Taylor, Teague, Tourgee, Trogden, Tucker, Turner, Watts, Welker, Williams of Sampson and Williamson--100.

        The question recurring on the motion of Mr. Durham, to postpone to Wednesday next.

        On which motion the yeas and nays were ordered.

        The motion was lost by the following vote:

        Those who voted in the affirmative are:

        Messrs. Aydlott, Baker, Bradley, Candler, Cherry, Chillson, Colgrove, Congleton, Daniel, Dickey, Dowd, Duckworth,

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Ellis, Eppes, Etheridge, French of Chowan, Galloway, Hodnett, Hollowell, Hood, Ing, Jones of Washington, Legg, Mayo, McCubbins, McDonald of Chatham, Moore, Ragland, Read, Rich, Robbins and Taylor--32.

        Those who voted in the negative are:

        Messrs. Andrews, Ashley, Barnes, Benbow, Blume, Bryan, Carey, Carter, Cox, Durham, Fisher, Forkner, Franklin, French of Bladen, Fullings, Gahagan, Garland, Garrett, George, Graham of Montgomery, Graham of Orange, Grant of Wayne, Grant of Northampton, Gunter, Hare, Harris of Wake, Harris of Franklin, Hay, Hayes of Robeson, Heaton, Highsmith, Hobbs, Holt, Hyman, Jones of Caldwell, King of Lincoln, King of Lenoir, Kinney, Lee, Lennon, Logan, Long, Mann, Merritt, Morton, Mullican, Murphy, Nance, Newsom, Nicholson, Patrick, Parker, Parks, Petree, Peterson, Pierson, Pool, Ray, Renfrow, Rhodes, Rodman, Rose, Sanderlin, Smith, Stilly, Stilwell, Sweet, Teague, Tourgee, Trogden, Tucker, Turner, Watts, Welker, Williams of Sampson and Williamson--75.

        The Resolution being before the House.

        Mr. Tourgee moved to amend the 1st resolution so as to read, "That it is the sincere desire of the people of North-Carolina to be restored to their Constitutional relations."

        Instead of, "That it is the desire of the people of North-Carolina to restore the State to her Constitutional relations."

        Also, strike out the word "State," in the last part of the resolution and insert "people."

        Mr. Heaton moved to refer the whole matter to a Committee of three.

        The motion was put to the House and lost.

        Mr. Tourgee called for the previous question on his amendment.

        The call was sustained.

        The vote was taken and the amendment was lost.

        Mr. King, of Lincoln, moved to postpone indefinitely.

        The motion prevailed.

        Mr. Peterson offered the following resolution:

        Resolved, That the President of the Convention be directed

Page 38

to appoint a Committee of two to request the Provisional Secretary of North-Carolina to furnish one hundred and twenty copies of the proceedings of the General Assembly during the sessions of 1866-'67, for the use of the members of the Convention.

        Laid over under the rules.

        On motion of Mr. Heaton, the Convention proceeded to the election of an Engrossing Clerk.

        Mr. Heaton nominated Mr. James E. O'Hara, who was elected by acclamation.

        Mr. Turner moved that the Convention proceed to the election of an Enrolling Clerk.

        Mr. Jones, of Washington, moved that it is not absolutely necessary to have an Enrolling Clerk, since we have an Engrossing Clerk, under whose direction a Clerk can do what Enrolling may be required by the Convention and at less cost.

        Pending which motion, the House adjourned.

MONDAY JANUARY 20TH, 1868.

        The Convention was called to order at 11 o'clock, by the President.

        Prayer by the Rev. Mr. Hudson.

        The President announced a quorum.

        The Journal of Saturday read and approved.

        Mr. J. G. Marler, delegate from Yadkin, was sworn by the Secretary, and took his seat in the Convention.

        Mr. O'Hara, the Engrossing Clerk, was properly sworn and entered upon the discharge of his duties.

        Mr. Abbott offered a communication from Mr. Calton Sessoms, of Owensville, in regard to the late election in Sampson County.

        Referred to the Committee on Elections and privileges.

        Mr. Abbott also offered a statement from Mr. M. D. Pearsall, of Kenansville, Duplin County, in regard to the injustice arising from certain sales of property during the War, asking redress.

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        Referred to Committee on the Judicial Department.

        Mr. D. D. Colgrove presented a petition from the citizens of Jones County, to change the boundary between the counties of Jones and Lenoir.

        Referred to the Committee of sixteen.

        Mr. L. C. Morton presented the following resolution:

        Resolved, That the President appoint a Special Committee of twelve to enquire and report to this Convention the best practicable means of relief for the debtors of North-Carolina.

        Laid over under the rules.

        Mr. Hodnett presented the following preamble and resolution:

        WHEREAS, Protection to the rights of persons and property, the fruits of industry and prudence, are the corner stones on which Civil Liberty is built, as recognized in our Constitution of 1776; therefore,

        Resolved, That the action of this Convention should recognize the axiom, by providing that the legislative power consist of two branches, the one representing persons, and the other representing property, each of said branches having co-equal powers, so that no act of the Legislature, not approved by each Branch, should have validity. The Electors for the Commons, to consist of all male citizens above the age of twenty-one years; and the Electors for the Senate to consist of citizens of like age, who have listed property for taxation, at the listing next before such election, of the value of two hundred and fifty dollars or upwards, and who have paid the taxes assessed thereon.

        Laid over under the rules.

        Mr. Abbott offered the following resolution:

        Resolved, That the Committee of sixteen be instructed to enquire into the propriety of appointing a Committee on Immigration, and to report the result of their deliberations to the Convention.

        Laid over under the rules.

        Mr. McDonald, of Chatham, offered a petition for relief from the citizens of Chatham.

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        Referred to a Committee of the Whole, and made a Special Order for Tuesday at 12 o'clock.

        Mr. G. W. Welker introduced an Ordinance providing for the admission of members of the Bar from other States, to practice in the Courts of North-Carolina.

        Referred to the Committee of the Whole.

        Mr. W. A. Mann offered the following preamble and resolution:

        WHAREAS, In consequence of the constant annoyance of the delegates occupying seats in the back part of this House, by conversation on the part of visitors in the lobbies, and the impossibility of keeping that portion of the House comfortably warm, and as the Galleries are capacious and well suplied with seats, be it

        Resolved, That no person not a delegate, be admitted to the lobbies of this House, without an invitation from a delegate or an officer of this Convention.

        Laid over under the rules.

        Mr. Mann also presented the following resolution:

        Resolved, That the Secretary be directed to invite the United States Officers on duty at this post to the floor of this House.

        Laid over under the rules.

        Mr. Logan offered an Ordinance in relation to a Court of Pleas and Quarter Sessions for the County of Rutherford.

        Laid over under the rules.

        Mr. Hood, of Cumberland, offered the following resolution:

        Resolved, That each delegate to this Convention, and each elective officer, (the President excepted,) receive six dollars per day and twenty cents mileage to and from the Convention, and that the President receive ten dollars per day and twenty cents mileage.

        Laid over under the rule.

UNFINISHED BUSINESS.

        The motion of C. C. Jones to amend the motion of Mr. Turner, of Harnett, to proceed to an election of an enrolling

Page 41

clerk, by taking the sense of the House, as to whether the office of enrolling clerk should be created, put to the House and was lost.

        Mr. Jones called the yeas and nays, which resulted yeas 32, nays 77.

        Those who voted in the affirmative are:

        Messrs. Ashley, Baker, Candler, Colgrove, Daniel, Dowd, Durham, Ellis, Fisher, Garrett, Graham of Orange, Grant of Northampton, Gunter, Hare, Harris of Franklin, Hayes of Robeson, Hobbs, Holt, Jones of Washington, King of Lenoir, Lee, Lennon, Logan, Mayo, Marshall, McCubbins, Merritt, McDonald of Chatham, Nicholson, Parker, Peterson and Sanderlin--32.

        Those who voted in the negative are:

        Messrs. Abbott, Andrews, Aydlott, Barnes, Benbow, Blume, Bryan, Carey, Carter, Cherry, Chillson, Congleton, Cox, Dickey, Duckworth, Eppes, Etheridge, Forkner, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Galloway, Garland, George, Graham of Montgomery, Grant of Wayne, Gully, Hay, Hayes of Halifax, Heaton, Highsmith, Hoffler, Hollowell, Hood, Hyman, Ing, Jones of Caldwell, King of Lincoln, Kinney, Long, Mann, McDonald of Moore, Moore, Morton, Mullican, Murphy, Nance, Newsom, Parks, Petree, Pierson, Pool, Ragland, Ray, Read, Renfrow, Rhodes, Rich, Robbins, Rodman, Rose, Smith, Stilly, Stilwell, Taylor, Teague, Tourgee, Trogden, Tucker, Turner, Watts, Welker, Williams of Sampson, and Williamson--77.

        Mr. Morton nominated Mr. Ashworth, of Randolph, as enrolling clerk.

        On motion of Mr. Rich, Mr. Ashworth was declared enrolling clerk for the Convention.

        Mr. Ashworth being properly qualified by the Secretary, entered upon his duties.

        Mr. King's resolution to amend Rule No. 36, was on motion recommitted to the committee on Rules.

        Mr. Bradley's Resolution to appoint a committee to wait on His Excellency, "Gov. Worth," was taken up.

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        Mr. Tourgee moved to amend by striking out "His Excellency the Governor of North-Carolina," and substitute the words "Governor Worth."

        The amendment was put and lost.

        The original resolution was taken up and adopted.

        The resolution of Mr. Peterson to appoint a Committee of two to call on the Provisional Secretary to furnish one hundred and fifty copies of the Acts of the General Assembly of 1866-'67.

        Amended by Mr. Durham, so as to read Provisional Secretary of State. Adopted.

        On motion of Mr. Harris, of Wake, it was ordered that the Committee on Printing confer with the military authorities in relation to the printing for this Convention.

        Mr. Galloway introduced a bill on Equal Rights and Privileges in conveyances and all business places.

        Referred to the Committee on Preamble and Bill of Rights.

        Mr. Rodman offered the following Resolution:

        Resolved, That the Committee on Contingent Expenses be directed to contract with some competent person to report the proceedings of this Convention in a condensed form, and to cause such reports to be published in some daily newspaper of this City. And it shall be a part of such contract that if the Convention before the final adjournment thereof shall determine to publish such reports in book form, then the property therein shall be in the State; but if the Convention shall not so determine, then the property in such reports shall be in the Reporter and he shall be at liberty to apply for a Copy Right.

        Resolved further, That such Reporter shall receive a compensation not greater than the daily pay of a member.

        Laid over under the rules.

        On motion of Mr. Rich, the Convention adjourned to 3 o'clock, P. M.

Page 43

AFTERNOON SESSION, JANUARY 20TH, 1868.

        The Convention was called to order, and on motion of Mr. Heaton, Mr. Welker was called to the Chair.

        Mr. Tourgee submitted an Ordinance "to prevent oppressive costs in Criminal cases," which was placed upon the General Orders of the Committee of the Whole.

        Mr. Patrick offered an Ordinance in relation to the sale of property under executions.

        Made a General Order and referred to a Committee of the Whole.

        Mr. Tourgee offered an Ordinance "Regarding the Jurisdiction of Courts," which he asked to have referred to the Committee of the whole, and made a part of the special order for Tuesday, January 22d at 12 M., as he desired at that time to offer it as a substitute for Mr. Rodman's Ordinance introduced on Tuesday last.

        The Convention received an invitation from the President of the Deaf and Dumb Asylum, to visit the Institution, which was accepted.

        On motion of Mr. Welker, Friday evening was agreed upon.

        On motion of Mr. Heaton the Convention took a recess until 4 o'clock.

        At 4 o'clock the business was resumed. The President in the Chair.

        Mr. Cowles announced the following committees:

        On a Preamble and Bill of Rights.--Messrs. Heaton, Harris, of Wake, Nicholson, French of Chowan, Patrick, Gahagan, Pool, Etheridge, Fisher, Baker, Durham, Carter and Garland.

        On a Governor, &c.--Messrs. Nicholson, May, Morton, Franklin, Hoffler, Petree, Forkner, Gunter, Williamson, Newsom, George, Trogden and Stilwell.

        On Legislature, &c.--Messrs. Sweet, Marler, May, Forkner, Lennon, Mullican, Chillson, French, of Rockingham, Mayo, Williams, of Duplin, Turner, Taylor, and Smith.

        On the Judicial Department.--Messrs. Rodman, Sweet,

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Tourgee, Jones of Washington, Pool, Durham, Fisher, Watts, Welker, King of Lenoir, Cox, Galloway and Teague.

        On the Finances of the State, &c.--Messrs. Abbott, Heaton, Rodman, Jones, of Caldwell, Forkner, Hobbs, McCubbins, King of Lenoir, Long, Hare, Peterson, Carey, and Read.

        On Internal Improvements.--Messrs. Garrett, Abbott, Mann, French, McCubbins, Heaton, Bradley, Williams of Wake, Hayes of Robeson, Hyman, Candler, Fullings and Teague.

        On Counties, Cities, &c.--Messrs. Tourgee, Fullings, Ray, McCubbins, Andrews, Aydlott, Moore, Congleton, Galloway, Laffin, Ing, Hollowell and Franklin.

        On Corporations other than Municipal.--Messrs. Jones of Washington, Ashley, Grant of Northampton, Harris of Franklin, King, Merritt, Holt, Hay, Robbins, Dickey, Tucker, Murphy and Parker.

        On Punishments and Penal Institutions.--Messrs. Welker, Cox, Long, Glover, Parks, Murphy, Lee, Pierson, Daniel, Duckworth, Hobbs, Bradley and Watts.

        On Militia.--Messrs. Bryan, Laflin, Ellis, Graham of Montgomery, Dowd, Grant of Wayne, Ragland, Legg, Gully, Hayes of Halifax, Highsmith, Colgrove and Stilley.

        On Education, Common Schools, &c.--Messrs. Ashley, Welker, Rose, Blume, Read, Sweet, Hood, Hayes of Halifax, Graham of Orange, Ellis, French of Chowan, Logan and Fisher.

        On Suffrage and Eligibility to Office.--Messrs. Pool, Jones of Caldwell, French of Chowan, Rich, Candler, Durham, Graham of Orange, Harris of Wake, McDonald of Chatham, Andrews, Benbow, Congleton and Cherry.

        On Homesteads.--Messrs. Jones of Caldwell, Hood, Gahagan, Duckworth, Renfrow, Sanderlin, Nance, Hodnett, Kinney, McDonald of Moore, Barnes, Eppes, Rhodes and Cox.

        On motion of Mr. Tourgee, one hundred and fifty copies were ordered to be printed for the use of the members.

        On motion of Mr. Heaton, the Convention adjourned.

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TUESDAY, JANUARY 21ST, 1868.

        The Convention was called to order at 11 o'clock by the President.

        A quorum was announced by the President.

        Prayer by the Rev. Mr. Eppes.

        The Journal of Monday was read and adopted.

        Mr. Mark May, delegate from Macon, was properly qualified by the Secretary, and took his seat in the Convention.

        In accordance with the resolution of Mr. Bradley, passed Monday, the President announced the following Committee to wait on his Excellency, Governor Worth:

        Messrs. Bradley, Abbott and Andrews.

        The Committee on Corporations other than Municipal, was altered by striking out "Watts," and inserting "Parker."

        The Committee on Preamble and Bill of Rights was changed by striking out "Dowd" and inserting "Baker."

        The Committee on the Judicial Department was altered by striking out "Jones, of Caldwell," and substituting "C. C. Pool."

        Committee on Suffrage and Eligibility to Office, was altered to read "Harris of Wake," instead of "Harris of Franklin."

        Mr. Fisher presented a Memorial from the Citizens of Bladen County, asking "that obligations incurred in the purchase of slaves be annulled."

        Referred to the Committee on the Judicial Department.

        Mr. Abbott offered a resolution providing for a Committee to confer with General Canby.

        Lies over under the rules.

        Mr. Harris, of Wake, offered a resolution defining the status of citizens of North-Carolina.

        Referred, by the Chair, to the Committee on Preamble and Bill of Rights.

        Mr. Congleton offered a resolution in relation to property qualification.

        Referred to a Committee on Suffrage.

        Mr. Welker offered a Preamble and Resolution, relating to the election of Commissioner of Public Works.

        Referred to a Committee on Governor and other necessary State Executive Officers.

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        Mr. Welker also introduced a resolution "Limiting the power of Legislation."

        Referred to a Committee on Legislature.

        Mr. Tourgee introduced a resolution in relation to the Rights of Electors.

        Referred to the Committee on Suffrage.

        Mr. Dowd introduced a resolution "Declaring the unconstitutionality of Stay Laws."

        Referred to the Committee on the Judicial Department.

        Mr. Tourgee offered a resolution to amend Rule 3d, Chapter 2d.

        Lies over under the rules.

        Mr. Parker introduced a resolution to confer "the Elective Franchise on all male citizens."

        Referred to the Committee on Suffrage.

        Mr. Legg offered a resolution in relation to Suffrage and Eligibility to Office.

        Referred to the Committee on Suffrage and Eligibility to Office.

        Mr. Harris, of Wake, presented a resolution in relation to the School Funds.

        Referred to the Committee on Education, &c.

        Mr. Galloway introduced an Article in relation to Suffrage and Elective Franchise.

        Referred to the Committee on Suffrage.

UNFINISHED BUSINESS.

        Mr. Hodnett's resolution in relation to the qualification of Electors, was submitted to the House, and referred to the Committee on Suffrage.

        The resolution of Mr. Morton on relief, was referred to a Committee of the Whole.

        Mr. Mullican's resolutions declaring certain amendments to the Bill of Rights, was referred to the Committee on Preamble and Bill of Rights.

        On motion of Mr. Abbott, the House resolved itself into a Committee of the Whole.

Page 47

        The President called Mr. Sweet to the Chair.

        The resolution of Mr. McDonald, of Chatham, and

        The ordinance of Mr. Rodman, which were made a Special Order for 12 o'clock, were taken up.

        Mr. Abbott moved that when this Committee rise, they report to the House the following resolution:

        Resolved, That this Committee recommend that the whole subject under consideration be referred to a Special Committee of eight, to consist of one from each Judicial District, who shall have authority to call for persons and papers.

        Adopted.

        Mr. Graham, of Orange, offered a substitute to the ordinance of Mr. Rodman, which was referred to the Committee of eight mentioned on the resolution of Mr. Abbott.

        Under General Orders, the ordinance of Mr. Tourgee to prevent oppression in costs in criminal cases was taken up.

        Mr. Tourgee moved to refer to the Committee on Preamble and Bill of Rights, with instructions to report the same as one of the sections of the Bill of Rights.

        Mr. Jones, of Washington, moved to amend by referring to the Committee on the Judicial Department. Adopted.

        On motion of Mr. Abbott, the President took the Chair and Mr. Sweet, Chairman, of the Committee of the Whole reported as follows on the subject of Relief made a Special Order for this day:

        That this Committee recommend that the whole subject under consideration be referred to a Special Committee of eight to consist of one from each Judicial District, who shall have authority to call for persons and papers.

        On ordinance of Mr. Tourgee to prevent oppression in costs of Criminal Cases, under General Order.

        The Committee recommend that it be referred to the Committee on the Judicial Department.

        On motion of Mr. Tourgee, the report was accepted.

        Mr. Hodnett's resolutions on qualification of Electors, was,

        On motion, referred to the Committee on Suffrage.

        Mr. Mann's resolutions excluding persons uninvited from

Page 48

the Lobbies and extending invitations to the United States Officers at this Post, were laid over in consequence of Mr. Mann's absence.

        Mr. Logan's ordinance on Pleas and Quarter Sessions, was,

        On motion of Mr. Durham, referred to the Committee on Judicial Department.

        The resolution of Mr. Hood, on Pay and Mileage of members, was taken up.

        Mr. Rich moved to amend by inserting eight dollars per day for Officers and Members, except the President, who shall receive twelve.

        Mr. Bryan moved to amend by inserting four dollars for Officers and Members and seven for President.

        Mr. Dickey moved to adjourn.

        The yeas and nays were called.

        The motion was lost by the following vote, yeas 26 nays 87:

        Those who voted in the affirmative are:

        Messrs. Andrews, Baker, Blume, Cherry, Colgrove, Daniel, Dickey, Durham, Etheridge, Fisher, French of Bladen, Graham of Orange, Hall, Hare, Holt, Jones of Caldwell, Legg, Lennon, Long, Merritt, Moore, Morton, Newsom, Ragland, Rich and Tourgee--26

        Those who voted in the negative are:

        Messrs. Abbott, Ashley, Aydlott, Barnes, Benbow, Bradley, Bryan, Carey, Carter, Candler, Chillson, Congleton, Cox, Dowd, Duckworth, Ellis, Eppes, Forkner, Franklin, French of Rockingham, French of Chowan, Fullings, Gahagan, Galloway, Garland, Garrett, George, Graham of Montgomery, Grant of Wayne, Gully, Gunter, Harris of Wake, Harris of Franklin, Hay, Hayes of Robeson, Highsmith, Hobbs, Hodnett, Hollowell, Hood, Hyman, Ing, Jones of Washington, King of Lincoln, King of Lenoir, Kinney, Laflin, Lee, Logan, Mayo, Marshall, McCubbins, McDonald of Chatham, McDonald of Moore, Mullican, Murphy, Nance, Nicholson, Patrick, Parker, Parks, Petree, Peterson, Pierson, Pool, Ray, Read, Renfrow, Rhodes, Robbins, Rodman, Rose, Sanderlin, Smith, Stilly, Stilwell, Sweet, Taylor, Teague, Trogden, Tucker,

Page 49

Turner, Watts, Welker, Williams of Wake and Williamson--87.

        Mr. Tourgee offered the following substitute:

        That all Members and Officers, except the President, receive eight dollars per day, for thirty days, and four dollars per day thereafter, and the President ten dollars per day, and all twenty cent per mile going and returning.

        Pending which the House adjourned.

WEDNESDAY, JANUARY 22D, 1868.

        The Convention was called to order at 11 o'clock, by the President.

        Prayer by the Rev. Mr. Brodie.

        The Chair announced a quorum.

        The Journal of yesterday was read and approved.

        Mr. Glover, of Hyde County, being present, was sworn by the Secretary and took his seat in the Convention.

        Mr. Patrick presented a resolution relative to the suspension of debts.

        Laid over under the rules.

        Mr. Galloway offered a resolution asking for a postponement of the sale of property for debt.

        Referred to a Committee on Relief.

        Mr. Abbott offered an ordinance reducing the amount of Bonds authorized to be issued by the Wilmington, Charlotte and Rutherford Rail Road Company.

        Referred to the Committee on Internal Improvements.

        Mr. Parker introduced a resolution in relation to property qualification of the Members of the House of Commons and State Senate.

        Referred to the Committee on Suffrage.

        Mr. McDonald, of Chatham, offered a resolution instructing the Committee on Judicial Department.

        Lies over under the rules.

        Mr. Pool offered a resolution that a Committee of sixteen

Page 50

be instructed to report an Article on the subject of Impeachment.

        Referred to a Committee on Judicial Department.

        Mr. Tourgee offered a resolution instructing a Committee to confer with General Canby.

        Laid over under the rules.

        Mr. Tougee also offered a resolution relative to the rights of persons accused of crime, asking that it be made a section of the Bill of Rights.

        Referred to the Committee on Bill of Rights.

        Mr. King offered a resolution in relation to the per diem of delegates.

        Lies over under the rules.

        Mr. Welker offered a resolution relative to the formation of a Miscellaneous Committee.

        Referred to the Committee of sixteen.

        Mr. Tourgee submitted a resolution amending the title of the Committee on Punishments and Penal Institutions.

        Lies over under the rules.

        Mr. Mann offered a resolution relative to the organization of the Militia.

        Referred to the Committee on Militia.

        Mr. Smith offered a resolution in regard to the reading of Bills in the Legislature.

        Lies over under the rules.

        The Committee authorized to confer with his Excellency, Governor Worth, submitted the following report:

        The undersigned Committee, appointed by the President, in compliance with the resolution of the gentleman from Watauga, to inform his Excellency, Governor Worth, that this Convention is organized and ready to receive any communication he may deem fit to make, beg leave to report that they have performed that duty, and that his Excellency, Governor Worth, informs this body that he will communicate with them to-morrow, Thursday, at 12 o'clock.

(Signed,)

G. W. BRADLEY,

JOSEPH C. ABBOTT,

J. P. ANDREWS.


Page 51

UNFINISHED BUSINESS.

        The amendment of Mr. Bryan to Mr. Rich's amendment of Mr. Hood's per diem resolution offered Monday, was submitted to the House and lost.

        The amendment of Mr. Rich was taken up by the House and adopted.

        Mr. King, of Lenoir, called for the yeas and nays.

        The call was sustained.

        The resolution was adopted by the following vote, yeas 61, nays 55:

        Those who voted in the affirmative are:

        Messrs. Abbott, Andrews, Ashley, Baker, Barnes, Benbow, Blume, Carey, Carter, Candler, Cherry, Chillson, Colgrove, Congleton, Cox, Daniel, Dickey, Dowd, Duckworth, Eppes, Fisher, Franklin, French of Bladen, French of Rockingham, Fullings, Garland, Glover, Graham of Montgomery, Graham of Orange, Grant of Northampton, Gully, Hare, Hay, Hayes of Robeson, Highsmith, Hoffler, Holt, Ing, Laflin, Logan, Long, Mayo, Moore, Murphy, Nicholson, Parker, Parks, Ragland, Read, Renfrow, Rhodes, Rich, Rose, Stilly, Stilwell, Taylor, Tourgee, Trogden, Watts, Welker and Williamson--61.

        Those who voted in the negative are.

        Messrs Aydlott, Bradley, Bryan, Durham, Ellis, Etheridge, Forkner, French of Chowan, Gahagan, Galloway, Garrett, Gunter, Hall, Harris of Wake, Harris of Franklin, Heaton, Hobbs, Hodnett, Hollowell, Hood, Hyman, Jones of Caldwell, Jones of Washington, King of Lincoln, King of Lenoir, Kinney, Lee, Legg, Lennon, Mann, May, Marshall, McCubbins, Merritt, McDonald of Chatham, McDonald of Moore, Morton, Mullican, Nance, Newsom, Patrick, Petree, Peterson, Pierson, Pool, Ray, Robbins, Rodman, Sanderlin, Smith, Sweet, Teague, Tucker, Turner and Williams of Wake--55.

        Mr. Rich moved to reconsider the vote.

        Mr. Tourgee moved to lay the motion to reconsider on the table. Adopted.

Page 52

        Mr. Mann's resolution excluding visitors uninvited from the lobbies of the House was withdrawn.

        Mr. Mann's resolution introduced Monday, inviting the United States Officers now on duty at this Post to the floor of the House, was submitted to the House and adopted.

        The following resolution offered by Mr. Abbott on Tuesday, was adopted:

        Resolved, That a Committee of three be appointed by the Chair to confer with Major General E. R. S. Canby, Commanding the second Military District, which Committee shall be empowered to consult upon any subject relating to the public interests and to report the result of their consultations to the Convention.

        Mr. Tourgee's resolution to amend rule 3d chapter 2d, was,

        On motion of Mr. King, of Lenoir, laid on the table.

        The President, in accordance with the resolution of Mr. Peterson, to appoint a Committee to wait on the Provisional Secretary of State, appointed Messrs. Peterson and Mann.

        The President appointed the following Committees:

        On Privileges and Elections.--Messrs. Abbott, McCubbins, Sweet, Forkner and Fullings.

        On Printing.--Messrs. Ashley, Andrews, Tourgee, Marler and Duckworth.

        On Contingent Expenses.--Messrs. King of Lenoir, Hood, Morton, Read and Trogden.

        On Engrossment and Enrollment.--Messrs. C. C. Pool, Durham, Jones of Washington, French of Chowan and Harris of Wake.

        Mr. Rodman's resolution offered Monday, relative to the appointment of a Reporter, was brought before the House.

        Mr. Holt moved to lay them on the table, which was not agreed to.

        Mr. Durham demanded the yeas and nays.

        The motion was lost by the following vote, yeas 24, nays 83:

        Those who voted in the affirmative are:

        Messrs. Baker, Bradley, Daniel, Durham, Ellis, Etheridge, Graham of Orange, Gunter, Hall, Hare, Hobbs, Hodnett, Hollowell, Holt, Lennon, Mann, May, Marshall, McCubbins,

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Merritt, McDonald of Chatham, McDonald of Moore, Peterson and Sanderlin--24.

        Those who voted in the negative are:

        Messrs. Abbott, Andrews, Ashley, Barnes, Benbow, Blume, Bryan, Carey, Carter, Candler, Cherry, Chillson, Colgrove, Congleton, Cox, Dickey, Duckworth, Eppes, Forkner, Franklin, French of Bladen, French of Rockingham, Fullings, Gahagan, Galloway, Garland, Garrett, George, Glover, Graham of Montgomery, Grant of Northampton, Gully, Harris of Wake, Hay, Hayes of Robeson, Hayes of Halifax, Highsmith, Hoffler, Hood, Hyman, Ing, Jones of Caldwell, Jones of Washington, King of Lenoir, Kinney, Laflin, Lee, Legg, Logan, Long, Mayo, Morton, Mullican, Murphy, Nance, Nicholson, Patrick, Parker, Parks, Petree, Pierson, Ragland, Ray, Read, Renfrow, Rhodes, Rich, Robbins, Rodman, Rose, Smith, Stilly, Stillwell, Taylor, Teague, Tourgee, Trogden, Tucker, Turner, Watts, Welker, Williams of Wake and Williamson.--83.

        Mr. Durham moved to amend by striking out the second resolution, which was not sustained by the House.

        The resolutions were then submitted to the House.

        Mr. Durham demanded the yeas and nays.

        The resolutions were adopted by the following vote, yeas 79 nays 25:

        Those who voted in the affirmative are:

        Messrs. Abbott, Andrews, Ashley, Barnes, Benbow, Blume, Bryan, Carey, Carter, Candler, Chillson, Colgrove, Congleton, Cox, Dickey, Duckworth, Eppes, Forkner, Franklin, French of Rockingham, Fullings, Gahagan, Galloway, Garland, Garrett, Glover, Graham of Montgomery, Grant of Northampton, Gully, Harris of Wake, Hay, Hayes of Robeson, Hayes of Halifax, Highsmith, Hoffler, Hyman, Ing, Jones of Caldwell, Jones of Washington, King of Lenoir, Kinney, Laflin, Lee, Legg, Logan, Long, May, Mayo, Morton, Mullican, Murphy, Nance, Patrick, Parker, Parks, Petree, Pierson, Ragland, Ray, Renfrow, Rhodes, Rich, Robbins, Rodman, Rose, Smith, Stilly, Stilwell, Taylor, Teague, Tourgee, Trogden,

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Tucker, Turner, Watts, Welker, Williams of Wake and Williamson--79.

        Those who voted in the negative are:

        Messrs. Baker, Bradley, Cherry, Daniel, Durham, Ellis, Etheridge, George, Graham of Orange, Gunter, Hall, Hare, Hobbs, Hodnett, Hollowell, Holt, Lennon, Mann, Marshall, McCubbins, Merritt, McDonald of Chatham, DcDonald of Moore, Moore and Sanderlin--25.

        Mr. Durham offered the following preamble and resolution, which he desired placed on the calendar:

        WHEREAS, It is a matter of first importance to the prosperity of States to preserve untarnished their public credit, and whereas, the disastrous effect of the late War, renders the present payment of the interest accrued on the public debt of this State impracticable; Therefore,

 &