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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.

Page 46

        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,

Page 53

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,

Page 54

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,

        Be it resolved, That the public debt of this State shall be inviolate, and it shall, by a provision in the State Constitution, be made the duty of the Legislature after the year 1870, to provide funds for the payment of the interest accruing thereon, and for the extinguishment of the same as fast as it matures, and for the funding of the interest which has accrued or may accrue up to that time.

        Lies over under the rules.

        Mr. Abbott offered a resolution in relation to the granting of the Commons Hall to the Rev. Dr. Smith.

        Lies over under the rules.

        Mr. Tourgee offered a resolution in relation to eligibility of members.

        Referred to the Committee on Privileges and Elections.

        On motion of Mr. Galloway, the Convention adjourned.

THURSDAY, JANUARY 23D, 1868.

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

        Prayer by the Rev. J. W. Hood.

        The President announced a quorum.

Page 55

        The Journal of Wednesday was read and approved.

        Mr. Rich offered a Petition of Divorce from Dewitt C. Wilson and Nancy C. Wilson, of Richmond County.

        Referred to the Commttee on Judicial Department.

        The following communication from General E. R. S. Canby was read:

HEADQUARTERS SECOND MILITARY DISTRICT.

CHARLESTON, S. C., JANUARY 20TH, 1868.

CALVIN J. COWLES, ESQ.,
Chairman of the Constitutional Convention
of North-Carolina, Raleigh, N. C.:

        SIR:--I am instructed by the Commanding General to acknowledge the receipt of your letter of the 17th inst., reporting the organization of the Convention of North-Carolina.

Very respectfully,
Your obedient servant,

LOUIS V. CAZIARC,
A. D. C. & A. A. G.


        Mr. McDonald, of Chatham, offered a resolution aksing Congress for the loan of money, for the benefit of certain Rail Roads.

        Lies over under the rules.

        Mr. Parker, of Northampton, introduced a resolution relative to the qualification of voters.

        Referred to the Committee on Suffrage.

        Mr. Tourgee introduced a resolution in relation to Political Rights.

        Referred to the Committee on Suffrage and Eligibility to Office.

        Mr. Duckworth presented a resolution in regard to a Poll Tax for Educational purposes.

        Referred to the Committee on Education.

        Mr. Mullican introduced a resolution respecting the Compensation of members of the State Legislature.

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        Referred to the Committee on Legislature.

        Mr. Hayes, of Halifax, presented a resolution respecting the qualification of Governor and Lieutenant-Governor.

        Referred to the Committee on Suffrage.

        Mr. Renfrow offered a resolution relative to the rights of citizenship.

        Referred to the Committee on Suffrage.

        Mr. Ashley submitted a resolution instructing the Committee of sixteen to report a standing Committee on Industrial Resources.

        Lies over under the rules.

        Mr. Abbott presented a communication from J. W. Etheridge, of Roanoke Island, in regard to the election in Currituck County.

        Referred to the Committee on Elections.

        Mr. Hayes, of Halifax, offered a resolution in relation to Amendments to the Constitution.

        Referred to the Committee on Legislature.

        Mr. Ragland submitted an ordinance Regulating the Jurisdiction of the Courts of Law and Equity, and all persons who hold any judiciary position or office, relative to the payment of all debts, liabilities and contracts made by individuals of the State of North-Carolina, prior to the first day of May, 1865.

        Referred to the Committee on Finance.

        Mr. Mann introduced an ordinance to aid the Fayetteville and Florence Rail Road Company.

        Referred to the Committee on Internal Inprovements.

        Mr. Welker introduced an ordinance respecting the liabilities of Banks.

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

        Mr. Teague introduced an ordinance respecting Registration Boards of the State.

        Referred to the Committee on Suffrage.

        Mr. Franklin, of Wake, introduced an ordinance for the Relief of the People.

        Referred to the Committee on Homesteads.

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UNFINISHED BUSINESS.

        The following resolution introduced by Mr. Tourgee, was adopted.

        Resolved, That the Committee appointed to confer with General Canby be instructed to enquire of him whether he would enforce an ordinance of this Convention, or upon its recommendation would issue an order staying the collection of all debts, except in cases of fraud, and wages for labor performed since May first, 1865.

        Mr. Patrick's resolution asking the suspension of debts, was referred to the Committee on Relief.

        Mr. McDonald's resolution instructing the Committee on Judicial Department, was taken up, and

        Referred to the Committee on the Judiciary Department.

        The resolution of Mr. King, of Lenoir, regarding the pay of members and officers of the Convention, was taken up, and declared by the Chair to be out of order.

        Mr. King appealed from the decision of the Chair, and demanded the yeas and nays, which was not agreed to.

        The House sustained the decision of the Chair.

        The following resolution of Mr. Tourgee, was adopted:

        Resolved, That the title of the Committee on Punishments and Penal Institutions be amended by striking out the word "and," and inserting the words, "and Public Charities," and all matters relating to public charities shall be referred to that Committee.

        Mr. Durham's resolution declaring that the Public Debt of North-Carolina shall be held inviolate, was taken up, and

        Referred to the Committee on Finance.

        The following communication from Governor Worth, was received and read to the Convention, and

        On motion of Mr. Tourgee, was placed upon the Records:

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STATE OF NORTH-CAROLINA,

EXECUTIVE DEPARTMENT,
Raleigh, January 23d, 1868.

Gentlemen of the Convention:

        I had the honor, on yesterday, to be informed through your Committee, that your body is duly organized, and ready to receive any communication that I may be willing to make.

        I desire you to accept my thanks for this mark of your courtesy.

        I regard your resolution simply as an official notification of your organization, with a view to such future official intercourse and communication as may be deemed necessary; as it seems to me that it would be improper, if not indecorous, that I present to you any view of mine touching the object for which you are assembled, unless in due response to a specific inquiry.

        Upon due notice of your wish to be furnished with any information contained in the archives of the State under my control, such information will be promptly supplied.

        May a superintending Providence inspire you with wisdom to conduct your labors to results beneficial to our unhappy and distracted people.

JONATHAN WORTH.


        The following resolution of Mr. Abbott, was taken up and adopted:

        Resolved, That the use of this Hall be granted to the Rev. Dr. Smith, of Raleigh, for the purpose of addressing the members of this Convention, on the subject of Normal Schools.

        The resolution of Mr. Smith, respecting the reading of Bills in the Legislature, was taken up and

        Referred to the Committee on Legislation.

        Mr. Heaton was allowed to record his vote in the negative on the resolution of Mr. Hood, as amended by Mr. Rich, fixing the per per diem at eight dollars per day.

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        Mr. Pool presented a request from the Chairman of several Committees for a Clerk to act conjointly.

        On motion of Mr. Heaton, the request was referred to the Committee on Contingent Expenses.

        Mr. Rodman introduced an amendment to an ordinance respecting the jurisdiction of the Courts of this State, offered by himself.

        Refered to a Committee of eight on Relief.

        The President appointed the following Committee on Relief.

  • 1st Judicial District, Pool.
  • 2d Judicial District, Rodman.
  • 3d Judicial District, Read.
  • 4th Judicial District, McDonald, of Chatham.
  • 5th Judicial District, French, of Bladen.
  • 6th Judicial District, Forkner.
  • 7th Judicial District, Bradley.
  • 8th Judicial District, Duckworth.

        In conformity with the resolution of Mr. Abbott, passed Wednesday, the following Committee was appointed to consult with General Canby on matters of public interest:

        Messrs. Abbott, Ragland and Durham.

        On motion of Mr. Smith, the House adjourned.

FRIDAY, JANUARY 24TH, 1868.

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

        Prayer by the Rev. Mr. Warrick.

        The President announced a quorum.

        The Journal of Thursday was read and approved.

        The following communication from Major General Canby, was read, and

        On motion of Mr. C. C. Jones, entered on the Journal.

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HEADQUARTERS SECOND MILITARY DISTRICT,

CHARLESTON, S. C., JANUARY 20TH, 1868.

HON. CALVIN J. COWLES,
President of the Constitutional Convention,
Raleigh, N. C:

        SIR:--I have the honor to acknowledge the receipt of your communication of the 17th inst., in forming me of the permanent organization of the Constitutional Convention assembled in North-Carolina, under the authority of the laws of the United States.

        In expressing my gratification, I desire to add my conviction that from the character of your body, the result of its labors will be such as to commend it to the favor of all who aspire to the speedy restoration of your State to its full relations in the Union. I desire, also, to give you the assurance of my hearty co-operation with the Convention, whenever that co-operation may be necessary or proper.

Very respectfully,
Your obedient servant,

EDWARD CANBY,
Major General.


        The following report of the Committee of sixteen, of which David Heaton is Chairman, was received, and

        On motion of Mr. Rodman, was adopted:

        The Committee of sixteen, to whom was referred the resolution on Immigration and other matters, hereby report as follows:

        Resolved, That the President of this Convention proceed to appoint the following additional Standing Committees:

        1st. A Committee on Immigration and the resources and statistics of the State, said Committee to consist of five members.

        2d. A Standing Committee of five members on Miscellaneous Affairs.

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        3d. A Standing Committee of three members on the revision and adjustment of the Articles of the Constitution.

        All of which is respectfully submitted.

D. HEATON, Chairman.


        The report of the Committee on a Governor and other necessary State Executive Officers, of which Mr. Nicholson was Chairman, was received, and

        On motion of Mr. Heaton, was ordered to be printed.

        The following report of the Committee on the Judicial Department was received.

        The Committee on the Judicial Department, respectfully report:

        That they have duly considered the matters set forth in the petition of C. D. Pearsall, and are of the opinion that this Convention should take no action therein, and request to be discharged from its further consideration.

        On motion the report was adopted, and the Committee discharged from further consideration of this subject.

        The following reports of the Committee on Contingent Expenses, were read, and

        On motion of Mr. Rodman, were adopted.

REPORT OF THE COMMITTEE ON CONTINGENT
EXPENSES.

        The undersigned Committee, to whom was referred the resolution of the delegate from Beaufort, in relation to contracting with some competent person to report the proceedings and debates of this Convention, beg leave to report.

        That we have contracted with Joseph W. Holden, Esq., to report the proceedings and debates of this Convention, in a condensed form, as contemplated by said resolution, for the sum of six dollars per diem, to be published in some daily newspaper in this city, and it is further agreed, as a part of said contract, that if the Convention, before its adjournment, shall determine to publish such reports in book form, then the property thereof shall be in the State, but if the Convention,

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shall not so determine, then the property of such reports shall be in the Reporter, and he shall be at liberty to apply for a copy right.

        All of which is respectfully submitted.

R. W. KING,
R. F. TROGDEN,
J. W. HOOD,
JNO. READ,
L. C. MORTON.
Committee.


REPORT OF THE COMMITTEE ON CONTINGENT
EXPENSES.

        The undersigned Committee to whom was referred the petition in relation to the Chairman of various Committees requesting that they be allowed to employ a Clerk conjointly, beg leave to report that they have had the same under consideration, and have come to the conclusion that the duties can be performed by some member of each of said Committees, and therefore deem it inexpedient to grant said request.

        All of which is respectfully submitted.

R. W. KING,
R. F. TROGDEN,
L. C. MORTON,
J. W. HOOD,
JNO. READ,
Committee.


        The following report of the Committee appointed to wait on the Provisional Secretary of State was received:

        The Committee appointed to wait on the Provisional Secretary of State, and request him to furnish this Convention with one hundred and twenty copies of the laws of the State passed by the General Assembly of 1866-'67, beg leave to report that they called upon the Secretary, who informed the

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Committee that he had in his possession but sixteen copies, which he furnished.

Very respectfully,

W. A. MANN,
J. W. PETERSON,
Committee.


        On motion of Mr. Heaton, the word Provisional was stricken out, and the report as amended, was adopted.

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

        Resolved, That the delegates of the Constitutional Convention of North-Carolina, now assembled, request Major General Edward R. S. Canby, Commanding Second Military District, composed of the States of North and South-Carolina, to visit this Convention and communicate anything he may deem for the good of the people of North-Carolina.

        On motion of Mr. McDonald, the rules were suspended and the resolution adopted.

        Mr. Turner offered a resolution in relation to the Senatorial Districts of North-Carolina, which was referred to the Committee on Counties, Towns, &c.

        Mr. Parker introduced a resolution on Taxation.

        Referred to the Committee on Finance.

        Mr. Jones, of Washington, presented a resolution requesting information of the State Treasurer in regard to the Albemarle and Chesapeake Canal Company.

        Lies over under the rules.

        Mr. Jones, of Washington, also introduced a resolution requesting the State Treasurer to furnish information of the State's indebtedness, &c.

        Lies over under the rules.

        Mr. Peterson introduced a resolution in relation to Public Schools.

        Referred to the Committee on Education.

        Also, a resolution in relation to Commissioners of Public Schools.

        Referred to the Committee on Education.

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        Also, a resolution in relation to Militia.

        Referred to the Committee on Militia.

        Mr. Rodman offered a resolution for establishing a Bureau of Immigration and Statistics.

        Referred to the Committee on Legislature.

        Mr. Hare introduced a resolution providing that the notes and accounts of deceased persons shall be paid pro rata.

        Referred to the Committee on Judicial Department.

        Mr. Watts offered an ordinance for Relief from Debt.

        Referred to the Special Committee on Relief.

        Mr. Robbins introduced a resolution in relation to the observance of the Sabbath.

        Lies over under the rules.

        Mr. Dickey introduced an ordinance authorizing the Western North-Carolina Rail Road Company to endorse its Capital Stock for other purposes.

        Referred to the Committee on Internal Improvements.

UNFINISHED BUSINESS.

        The resolution of Mr. McDonald, of Chatham, asking Congress for the loan of money, was taken up, and

        On motion of Mr. Abbott, was referred to the Committee on Internal Improvements.

        The following resolution of Mr. Ashley, was taken up and adopted.

        Resolved, That the Committee of of sixteen be, and is hereby instructed to consider the expediency of constituting a Standing Committee on Industrial Resources, and report as soon as practicable.

        The report of the Committee on Internal Improvements was presented, and

        On motion was ordered to be printed.

        Mr. Rodman introduced a resolution in relation to Printing.

        Lies over under the rules.

        Mr. Heaton introduced the following ordinance:

        Be it ordained by the people of North-Carolina, in Convention assembled, That the Treasurer of the State of North-Carolina,

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upon the warrant of the President of this Convention is hereby authorized and directed to pay the per diem and mileage of members and officers of this Convention.

        After considerable discussion, Mr. Sweet moved the previous question, which the House sustained.

        Mr. Durham demanded the yeas and nays, which was agreed to.

        The yeas and nays were called and the ordinance was adopted by the following vote, yeas 104, nays 12.

        Those who voted in the affirmative are:

        Messrs. Abbott, Andrews, Ashley, Aydlott, Barnes, Benbow, Blume, Bradley, Bryan, Carey, Carter, Candler, Cherry, Chillson, Colgrove, Congleton, Cox, Dickey, Duckworth, Ellis, Eppes, Fisher, Forkner, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Galloway, Garland, Garrett, George, Glover, Graham of Montgomery, Grant of Waye, Grant of Northampton, Gully, Gunter, Harris of Wake, Hay, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hodnett, Hoffler, Hollowell, Hood, Hyman, Ing. Jones of Caldwell, Jones of Washington, King of Lincoln, King of Lenoir, Kinney, Laflin, Lee, Legg, Logan, Long, Mann, May, Mayo, Marshall, McCubbins, McDonald of Chatham, McDonald of Moore, Moore, Morton, Mullican, Murphy, Nance, Newsom, Nicholson, Parker, Parks, Petree, Peterson, Pierson, Pool, Ragland, Ray, Read, Renfrow, Rhodes, Rich, Robbins, Rodman, Rose, Smith, Stilly, Stilwell, Sweet, Taylor, Teague, Trogden, Tucker, Turner, Watts, Welker, Williams of Wake and Williamson--104.

        Those who voted in the negative are:

        Messrs. Baker, Daniel, Dowd, Durham, Etheridge, Graham of Orange, Hall, Holt, Lennon, Merritt, Sanderlin and Tourgee--12.

        On motion the House adjourned.

SATURDAY JANUARY 25TH, 1868.

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

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        Prayer by the Rev. Dr. Mason.

        The President announced a quorum.

        The Journal of Friday read and approved.

        Mr. Ragland offered a petition from Martha A. Hopkins, of the County of Granville.

        Referred to the Committee on Judicial Department.

        Mr. Garrett offered a memorial praying the Convention to petition Congress for the relief of certain men banned by the Howard Amendment.

        Referred to the Committee on Suffrage.

        Mr. Harris, of Wake, presented a petition from the people of the neighborhood of Jacob Sorrells, in the County of Wake.

        Referred to the Committee on Relief.

        The Committee on Finance, to whom was referred an ordinance regulating the jurisdiction of the Courts of Law and Equity for the payment of all debts contracted prior to May 1st, 1865, reported as follows:

        Returned to the House with the recommendation that the ordinance do not pass.

J. C. ABBOTT, Chairman.


        On motion the report was adopted.

        The report of the Committee on Militia was presented, and

        On motion of Mr. Abbott was referred, together with the report of the Committee on Governor and other necessary State Executive Officers, to a Committee of the Whole, and made the Special Order for Monday at 12 o'clock, M.

        Mr. Daniel presented a resolution indemnifying Mechanics and Artizans for their labor.

        Lies over under the rules.

        Mr. Gunter presented the following resolution:

        Resolved, That the thanks of this Convention be tendered to the managers of the Deaf and Dumb Asylum for the courtesy extended to the members of this Convention.

        On motion the rules were suspended and the resolution adopted.

        Mr. Hayes, of Halifax, presented a resolution regarding the qualification for office.

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        Referred to the Committee on the Judicial Department.

        Mr. Grant, of Wayne, presented a resolution respecting the relief of the people.

        Referred to the Committee on Relief.

        Mr. Kinney introduced a resolution with regard to persons banned by the Howard Amendment.

        Referred to the Committee on Suffrage.

        Mr. Heaton asked leave of absence until Wednesday, A. M., for Mr. Daniel, of Wilson. Granted.

        Mr. Gully received leave of absence from the House until Monday next.

        Mr. Mullican introduced the following resolution:

        Resolved, That if any member of this Convention shall absent himself without leave of this Convention, that their per diem shall cease during their absence.

        On motion of Mr. Dowd, the resolution was laid on the table.

        Leave of absence was granted to Mr. Hay, of Johnson, also to Mr. Mann, of Cumberland, until Tuesday next.

        Mr. Galloway presented a resolution instructing the Committee on the Judicial Department.

        Referred to the Committee on the Judicial Department.

        Mr. Peterson introduced a resolution in relation to County Officers.

        Referred to a Committee on Counties, Towns, &c.

        Mr. Watts introduced a resolution to relieve political disability.

        Referred to the Committee on Suffrage.

        Mr. Congleton introduced a resolution declaring all laws passed heretofore by any Legislature or Convention, null and void.

        Referred to the Committee on Legislature.

        Mr. George presented a resolution in favor of Edwin C. Bartlett.

        Referred to the Committee on Contingent Expenses.

        Mr. Renfrow introduced a resolution in relation to the sale of land.

        Referred to the Committee on Relief.

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        Mr. Peterson introduced a resolution in relation to Justices of the Peace.

        Referred to the Committee on Counties, Towns, &c.

        On motion of Mr. Rodman, the Journal was amended by striking out "referred to the Committee on Elections and Privileges," after the resolution of Mr. Tourgee instructing the Committee on Elections.

        At the request of the President, Mr. Rodman took the Chair.

        The resolution of Mr. Tourgee was then taken up, and after some discussion, was,

        On motion of Mr. Harris, of Wake, laid on the table.

        The following communication from Post Headquarters was received and read, and,

        On motion of Mr. King, of Lenoir, was entered on the Journal:

HEADQUARTERS MILITARY POST OF RALEIGH,

RALEIGH, N. C., JANUARY 24TH, 1868.

MR. T. A. BYRNES,
Secretary of State Convention, Raleigh, N. C.:

        SIR:--The Colonel Commanding directs me to acknowledge the receipt of a resolution passed by the Constitutional Convention of the State, January 22d, inviting the officers of the United States on duty at this Post to the floor of the House of said Convention, and to thank the members of the Convention for the honorable compliment.

I am sir,
Very respectfully,
Your obedient servant,

DANIEL T. WELLS,
1st Lt 8th Infantry, Brevet Major.
Post Adjutant.


        Mr. Gunter introduced an ordinance in relation to Suffrage. Referred to the Committee on Suffrage.

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        Mr. Ragland introduced an ordinance in relation to Deeds and Conveyances.

        Referred to the Committee on the Judicial Department.

UNFINISHED BUSINESS.

        The report of the Committee on Internal Improvements presented yesterday, was laid over until Monday.

        The following resolution of Mr. Jones, of Washington, was taken up, and

        On motion was adopted:

        Resolved, That the Treasurer of the State of North-Carolina be requested to furnish this Convention with a statement of what amount of stock said State owns in the Albemarle and Chesapeake Canal Company, what she has paid or agreed to pay, or is under any obligation in the future to pay, what is the entire amount of the capital stock of said Company, and where owned, and whether said State has received any dividend or interest for or on account of its investment, subscription or endorsement of said Company, or its bonds, and how much, or whether it is now paying its interest or dividends regularly to the State?

        The following resolution of Mr. Jones, of Washington, was also taken up, and,

        On motion, was adopted:

        Reeolved, That the Treasurer of the State of North-Carolina be requested to furnish this Convention with a statement of the indebtedness of said State, to what parties or sources, what amount to each? What is the amount of her endorsement for Rail Roads or other improvements, what further endorsement of Rail Road Bonds she is directed to make under any existing laws or regulations, and when passed, what property, or assets, or securities the State holds for or on account of said indebtedness, what amount of stock the State holds in the several Corporations of this State, and what amount of dividend or interest she receives from each source?

        The resolution of Mr. Robbins respecting the observance of the Sabbath, was,

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

        The following resolution introduced by Mr. Rodman was taken up, and,

        On motion, adopted:

        Resolved, That the Chairman of the Committee on Printing have power, on the request of the Chairman of any Committee to cause to be printed for the use of this Convention, any matter prepared by a Committee and necessary for the information of the delegates.

        The ordinance of Mr. Welker providing for the admission of members at the bar from other States to practice in the Courts of North-Carolina was taken up and referred to the Committee on the Judicial Department.

        The ordinance of Mr. Welker regarding the liabilities of Banks was taken up, and referred to the Committee on Finance.

        On motion the House adjourned.

MONDAY, JANUARY 27TH, 1868.

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

        Prayer by the Rev. Dr. Smith.

        The Chair announced a quorum.

        The Journal of Saturday was read and approved.

        Mr. Laflin asked and obtained leave of absence for Mr. Legg until Thursday next.

        Mr. King, of Lenoir, presented a petition from the citizens of Lincoln, asking the removal of rebel State officers.

        Referred to the Committee on the Judicial Department.

        Mr. Hood presented a memorial from the citizens of Sampson County, respecting the late election in that County.

        Referred to the Committee on Elections.

        Mr. Hood presented a resolution relative to the appointment of a Committee to gather such information as would enable them to report the names of persons to be presented to Congress for relief from disability.

        Lies over under the rules.

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        Mr. Legg introduced a resolution in reference to Schools and School Funds.

        Referred to the Committee on Education.

        Mr. Legg also introduced a resolution in relation to the taxation of real and personal property.

        Referred to the Committee on Finance.

        Mr. Andrews introduced a resolution in regard to the rights of the community.

        Referred to the Committee on Bill of Rights.

        Mr. Glover introduced an ordinance to revive debts.

        Lies over under the rules.

        Mr. Duckworth introduced an ordinance in regard to admission to the bar.

        Lies over under the rules.

        Mr. French, of Bladen, offered a resolution in relation to taxes.

        Lies over under the rules.

        Mr. Candler presented an ordinance repealing the granting of a general amnesty and pardon to soldiers, &c., ratified by the General Assembly, Dec. 22d, 1866.

        Lies over under the rules.

        Mr. Jones, of Caldwell, offered a resolution in regard to increasing the indebtedness of the State.

        Lies over under the rules.

        Mr. Welker introduced an ordinance on the distillation of grain.

        Lies over under the rules.

        Mr. Rodman presented a resolution respecting Contingent Expenses.

        Lies over under the rules.

        Mr. Tourgee introduced a resolution in regard to Banks of Issue.

        Referred to the Committee on Corporations other than Municipal.

        Mr. King, of Lenoir, offered a resolution amending rule 36.

        Lies over under the rules.

        Mr. Mullican introduced an ordinance declaring that contracts shall be held sacred and inviolate.

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        Lies over under the rules.

        Mr. Laflin introduced a resolution on relief.

        Referred to the Committee on Relief.

        Mr. Pierson introduced a resolution requesting the consideration of some just and practicable plan for the admission of all races to the benefits of the Deaf and Dumb Asylum.

        Referred to the Committee on Penal Institutions.

        Mr. Cherry introduced a resolution on Suffrage.

        Referred to the Committee on Suffrage.

UNFINISHED BUSINESS.

        The report of the Committee on Internal Improvements, was laid over until Tuesday at the request of Mr. Abbott, the Chairman.

        The following resolution of Mr. Daniel, of Wilson, was taken up and put upon its passage:

        Resolved, That the Standing Committee on the Judiciary are hereby requested to report such a provision to the new Constitution as will clearly authorize the first Legislature convening under it to pass suitable laws giving Mechanics and Artizans an ample lean as indemnity for their labor.

        Mr. Heaton moved to amend by inserting after the word requested the words, "if deemed advisable."

        The resolution as amended, was, on motion, adopted.

        At 12 o'clock the Convention resolved itself into a Committee of the Whole.

        Mr. Jones, of Washington, in the Chair.

        The following report of the Committee on a Governor and other necessary State Executive Officers was read:

REPORT OF THE COMMITTEE ON A GOVERNOR
AND OTHER NECESSARY STATE EXECUTIVE
OFFICERS.

        The Committee to whom was confided that portion of the proposed Constitution which relates to the officers of the Executive Department of the State, beg leave to submit the following Article, as within, in eighteen sections:

W. NICHOLSON, Chairman.

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        SECTION 1. The Executive Department shall consist of a Governor, in whom shall be vested the supreme Executive power of the State, a Lieutenant-Governor, a Secretary of State, an Auditor, a Treasurer, a Superintendent of Public Works, a Superintendent of Public Instruction, and an Attorney-General, who shall be elected for the term of two years, by the qualified electors of the State, at the same times and places, and in the same manner, as members of the General Assembly are elected. Their term of office shall commence on the first day of January next after their election, and continue until their successors are elected and qualified.

        SEC. 2. No person shall be eligible as Governor, or as Lieutenant-Governor, unless he shall have been a citizen of the United States for twenty years, shall have attained the age of thirty years, and shall have been a resident of this State for two years next before the day of elections; nor shall the person elected to either of these two offices be eligible to the same office more than four years in any term of six years, unless the office shall have been cast upon him as Lieutenant-Governor or President of the Senate.

        SEC. 3. The returns of every election for officers of the Executive Department shall be sealed up and transmitted to the seat of government by the returning officers, directed to the Speaker of the House of Commons, who shall open and publish the same in the presence of a majority of the members of both Houses of the General Assembly. The persons having the highest number of votes respectively shall be declared duly elected; but if two or more be equal and highest in votes for the same office, then one of them shall be chosen by joint ballot of both Houses of the General Assembly. Contested elections shall be determined by a joint vote of both Houses of the General Assembly, in such manner as shall be prescribed by law.

        SEC. 4. The Governor before entering upon the duties of his office, shall, in the presence of the members of both branches of the General Assembly, or before any Justice of the Supreme Court, take an oath or an affirmation that to the best of his knowledge and belief, he is eligible under the Constitution

Page 74

and laws of this State, to the office to which he has been elected; that he will faithfully execute the duties appertaining to the office of Governor of the State of North-Carolina; and that he will, to the best of his ability, preserve, protect and defend, the Constitution, of this State and the Constitution of the United States.

        SEC. 5. The Governor shall reside at the seat of Government of this State, and he shall, from time to time, give the General Assembly information of the affairs of the State and and recommend to their consideration such measures as he shall deem expedient.

        SEC. 6. The Governor shall have power to grant reprieves, commutations, and pardons, after conviction, for all offences, (except treason and cases of impeachment,) upon such conditions and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. In every case of conviction for treason, he shall have power to suspend the execution of the sentence, until the case shall be reported to the General Assembly at its next meeting, when the General Assembly shall pardon the convict, commute the sentence, direct the execution thereof, or grant a further reprieve. He shall biennally communicate to the General Assembly each case of reprieve, commutation, or pardon granted, stating the name of the convict, the crime for which he was convicted, the sentence and its date, and the date of commutation, pardon or reprieve, and the reasons therefor.

        SEC. 7. The officers of the Executive Department and of the public Institutions of the State shall at least five days previous to each reguler session of the General Assembly, severally report to the Governor, who shall transmit such reports, with his message, to the General Assembly; and the Governor may, at any time, require information in writing from the officers in the Executive Department, upon any subject relating to the duties of their respective offices, and shall take care that the laws be faithfully executed.

        SEC. 8. The Governor shall be Commander-in-Chief of the

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Militia of the State, except when they shall be called into the service of the United States.

        SEC. 9. The Governor shall have power, on extraordinary occasions, by and with the advice of the Council of State, to convene the General Assembly in extra session by his proclamation, stating therein the purpose or purposes for which they are thus convened.

        SEC. 10. The Governor shall nominate, and, by and with the advice and consent of a majority of the Senators elect, appoint all officers whose offices are established by this Constitution, or which may be created by law and whose appointments are not otherwise provided for, and no such officer shall be appointed or elected by the General Assembly.

        SEC. 11. The Lieutenant-Governor shall, by virtue of his office, be President of the Senate, but shall have no vote unless the Senate be equally divided. He shall, whilst acting as President of the Senate, receive for his services the same pay which shall, for the same period, be allowed to the Speaker of the House of Commons, and he shall receive no other compensation except when he is acting as Governor.

        SEC. 12. In case of the impeachment of the Governor, his failure to qualify, his absence from the State, his inability to discharge the duties of his office, or in case the office of Governor shall in anywise become vacant, the powers, duties and emoluments of the office shall devolve upon the Lieutenant-Governor until the disabilities shall cease or a new Governor shall be elected and qualified. In every case in which the Lieutenant-Governor shall be unable to preside over the Senate, the Senators shall elect one of their own number President of their body; and the powers, duties and emoluments of the office of Governor shall devolve upon him whenever the Lieutenant Governor shall, for any reason, be prevented from discharging the duties of such office as above provided, and he shall continue as acting Governor until the disabilities be removed or a new Governor or Lieutenant-Governor shall be elected and qualified. Whenever, during a recess of the General Assembly, it shall become necessary for a President of the Senate to administer the government, the Secretary of

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State shall convene the Senate, that they may elect such President.

        SEC. 13. The respective duties of the Secretary of State, Auditor, Treasurer, Superintendent of Public Works, Superintendent of Public Instruction, and Attorney General, shall be prescribed by law. If the office of any of said officers shall be vacated by death, resignation, or otherwise, it shall be the duty of the Governor to appoint another until the disability be removed, or his successor be elected and qualified. Every such vacancy shall be filled by elction at the first general election that occurs more than thirty days after the vacancy has taken place, and the person chosen shall hold the office for the remainder of the unexpired term fixed in the first section of this article.

        SEC. 14. The Secretary of State, Auditor, Treasurer, Superintendent of Public Works and Superintendent of Public Instruction, shall constitute, ex officio, the Council of State, who shall advise the Governor in the execution of his office and three of whom shall constitute a quorum; their advice and proceedings, in this capacity, shall be entered in a journal to be kept for this purpose exclusively, and signed by the members present, against any part of which any member may enter his dissent; and such journal shall be placed before the General Assembly when called for by either house. The Attorney General shall be, ex officio, the legal adviser of the Executive Department.

        SEC. 15. The officers mentioned in this article shall, at stated periods, receive for their services a compensation to be established by law, which shall neither be increased nor diminished during the time for which they shall have been elected; and the said officers shall receive no other emolument or allowance whatever.

        SEC. 16. There shall be a seal of the State, which shall be kept by the Governor, and used by him as occasion may require, and shall be called "the Great Seal of the State of North-Carolina." All grants and commissions shall be issued in the name and by the authority of the State of North-Carolina, sealed with "the Great Seal of the State," signed

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by the Governor and countersigned by the Secretary of State.

        SEC. 17. All fees that may hereatter be made payable by law for any services performed by any officer provided for in this Article of the Constitution, shall be paid in advance directly into the Treasury of the State.

        SEC. 18. There may be established in the office of Secretary of State a Bureau of Statistics and of Agriculture, under such regulations as the General Assembly may provide.


        On motion of Mr. Abbott, it was agreed that the report be adopted by sections.

        After considerable discussion on the first section, the Committee arose and reported progress, and asked leave to sit again, which was granted.

        A communication was received from Mr. Battle, State Treasurer, and read to the House.

        The following motion of Mr. Heaton was adopted:

        That the report of the Treasurer of the State be referred to the Committee of three consisting of Messrs. Abbott, Ragland and Durham, to consult with General Canby on matters of public interest, with directions that the said Committee forward the same to General Canby, and request him to order the Treasurer to comply with the ordinance.

        On motion the House adjourned.

TUESDAY, JANUARY 28TH, 1868.

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

        Prayer by the Rev. Dr. Ellis.

        The President announced a quorum.

        The Journal of Monday was read and approved.

        The report of the Committee on Relief was received, and,

        On motion of Mr. Tourgee, was ordered to be printed and made the Special Order for Wednesday at 12 o'clock.

        Mr. Rich offered a resolution amending the Rules of Order.

        Lies over under the rules.

        Mr. Gunter introduced a resolution instructing the Committee

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on Relief to report an ordinance declaring void certain contracts, &c.

        Lies over under the rules.

        Mr. Laflin presented a resolution retiring present outstanding State Bonds and issuing new ones in their places.

        Lies over under the rules.

        Mr. Parker introduced a resolution in relation to the session and adjournment of the Convention.

        Lies over under the rules.

        Mr. Read introduced a resolution in regard to the hour of meeting of the Convention.

        Lies over under the rules.

        Mr. Hyman introduced a resolution instructing certain committees as to the revision or framing of the Constitution.

        Referred to the Committee on Suffrage.

        Mr. Eppes introduced a resolution in relation to the taxation of Cattle, &c.

        Referred to the Committee on Towns, Counties, &c.

        Mr. May submitted a resolution to proceed immediately with the framing of the Constitution and dispensing with other business.

        Referred to the Committee of sixteen.

        Mr. Baker offered a resolution in relation to Test Oaths.

        Referred to the Committee on Suffrage and Eligibility to Office.

        Mr. Ellis introduced a resolution in relation to the Reconstruction Acts.

        Lies over under the rules.

        Mr. Harris, of Wake, submitted a resolution in relation to Congressional Districts.

        Lies over under the rules.

        Mr. Hayes, of Robeson, introduced an ordinance to encourage the establishment of Manufactories.

        Referred to the Committee on Finance.

UNFINISHED BUSINESS.

        The resolution of Mr. Hood regarding the removal of disabilities, was taken up and discussed.

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        The hour of 12 having arrived, the House,

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

        Mr. Jones, of Washington, was called to the Chair.

        At 3 o'clock the Committee arose, and Mr. Jones, of Washington, Chairman, reported progress, also that section first of the report of the Committee on a Governor and other necessary State Executive Officers, had been adopted, by adding after the word qualified in the eleventh line the following words:

        "Provided, That the officers first elected, shall assume the duties of their office thirty days after the ratification of this Constitution by the Congress of the United States, and shall hold their offices for two years from and after the first day of January, 1869."


        Also, that the following had been submitted for section 2d.

        "Sec. 2. No person shall be eligible as Governor or Lieutenant-Governor unless he shall have attained the age of thirty years, and shall have been a resident of the United States for twenty years, and of the State of North-Carolina for two years, next before the day of this election; nor shall the person elected to either of these two offices be eligible to the same office more than four years in any term of six years, unless the office shall have been cast upon him as Lieutenant-Governor, or President of the Senate."

        The Committee asked leave to sit again, which was granted.

        On motion the House adjourned.

WEDNESDAY, JANUARY 29TH, 1868.

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

        Prayer by the Rev. Mr. Ashley.

        The President announced a quorum.

        The Journal of Tuesday was read and approved.

        The following communication from the State Treasurer was read to the Convention:

Page 80

STATE OF NORTH-CAROLINA,

TREASURY DEPARTMENT,
RALEIGH, January 27th, 1868.

HON. C. J. COWLES,
President of Constitutional Convention
of North-Carolina:

        SIR:--I have the honor to acknowledge the reception of the following resolution of your honorable body, viz:

        "Resolved, That the Treasurer of the State of North-Carolina, be requested to furnish this Convention with a statement of what amount of stock said State owns in the Albemarle and Chesapeake Canal Company; what she has paid or agreed to pay, or is under any obligation in the future to pay; what is the entire amount of the Capital Stock of said Company and where owned; and whether said State has received any dividend or interest for, or on account of its investment, subscription or endorsement of said Company or its Bonds, and how much, or whether it is now paying its interest, or dividends regularly, to the State."

        I take pleasure in answering as far as my information extends the qustions therein, seriatim:

        1st. The stock of the State in the Albemarle and Chesapeake Canal Company is $350,000.

        To pay for said stock the State issued $350,000, six per cent coupon bonds, running thirty years from April 1st, 1857, and April 1st, 1859, coupons and interest payable in New York. Of these $26,000 have been paid in to the State for Raleigh and Gaston Rail Road Company stock, leaving outstanding $324,000.

        3rd. By Act of 1860-'61, chap. 121, ratified February 6th, 1861, the State agrees to exchange with said Company $200,00, State six per cent bonds, for the amount of seven per cent first mortgage bonds of the Company. This exchange has not been applied for by the Company. Indeed, I do not know that this amendment to the charter of the Company has ever been accepted.

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        4th. I learn from a late report made to the Stockholders of the Company that on September 30th, 1866, the authorized capital was $1,500.000, of which the following has been paid up, viz:

        
By State of North Carolina, $350,000
Currituck County, 44,000
Individuals, 494,100
  888,100

        I have no other information than rumor as to the residences of individuals owning stock.

        5th. This Company has never paid anything to the State for interest or dividend. I think there is no prospect of any such payment in any reasonable time. All the property of the company is mortgaged for $400,000 bonds issued by the company.

Very respectfully,

KEMP P. BATTLE,
Public Treasurer.


        Mr. Jones, of Washington, moved to refer the communication to the Committee on Finance, with instruction to report what steps to take in reference to the Corporation.

        Mr. Watts presented a communication from the County of Sampson.

        Referred to the Committee on Elections.

        Mr. Abbott read a communication from the President of the Wilmington, Charlotte and Rutherford Rail Road Company.

        Mr. Harris, of Wake, presented a communication from Sampson County, contesting the seat of a delegate.

        Referred to the Committee on Elections with instructions to report at an early day.

        The Committee on Homesteads, presented a majority and a minority report, which was ordered to be printed.

        Mr. Harris, of Wake, introduced a resolution requiring immediate action on the Constitution, and a bill for the relief of the people.

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        Lies over under the rules.

        Mr. Mann introduced an ordinance to change the manner of payment of the State's subscription to the capital stock of the Western Rail Road Company.

        Referred to the Committee on Internal Improvements.

        Mr. King presented a resolution respecting the action of this Convention.

        Lies over under the rules.

        Mr. Congleton introduced a resolution in reference to immediate action on the Constitution, and a bill of Relief.

        Lies over under the rules.

        Mr. Rich introduced a resolution in regard to sheriffs.

        Lies over under the rules.

        The hour of twelve o'clock having arrived, the following report of the Select Committee on Relief, being made a special order, was taken up.

REPORT OF SELECT COMMITTEE ON RELIEF.

To the Constitutional Convention of North-Carolina:

        The undersigned, a majority of the Select Committee on Relief, respectfully report the following Ordinance and Resotion and recommend their passage:

AN ORDINANCE RESPECTING THE JURISDICTION
OF THE COURTS OF THIS STATE.

        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 surities for breach of their respective duties, by the appropriation to their own use of money or property officially received by them or other fraudulent act,) or of any action or process to revive or enforce any judgment heretofore recovered

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on any such contract, 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 proceeding upon the same, and return the same to the proper courts.

        SEC. 2. This Ordinance shall be in force from and after its ratification by this Convention, and shall continue in force until the first day of July, 1868, or until the Constitution, which this Convention has met to adopt, shall go into effect, whichever shall first happen.

        Resolved, That a copy of the forgoing Ordinance be sent to Major-General Canby, Commanding, &c., and that he be respectfully requested to cause the same to be enforced.


        Mr. McDonald, one of the Committee, agrees in recommending the foregoing, with the exception of the exception in the first section, which he thinks should be stricken out.

WILL. B. RODMAN, Chairman.

JOHN A. McDONALD,

JOHN READ,

G. W. BRADLEY,

J. H. DUCKWORTH.


        Mr. Watts offered the following amendment:

        Strike out in section 1st, all included in exceptions and insert after the word "except," "contracts or engagements entered into for the purchase of real estate where one half of the purchase money has not been paid."

        The Committee on Preamble and Bill of Rights reported through their Chairman, Mr. Heaton.

        The report was ordered to be printed.

        The house granted leave of absence to Mr. King, of Lenoir.

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

        Resolved, That the Committee on Finance, either in the

Page 84

name of the whole Committee or in the name of a sub committee, be authorized to negotiate a loan not to exceed ten thousand dollars (10,000) in order to pay the mileage of members.

        On motion the rules were suspended and the resolution adopted.

        On motion the house adjourned.

THURSDAY, JANUARY 30TH, 1868.

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

        Prayer by the Rev. Mr. Lennon.

        A quorum was announced by the President.

        The Journal of Wednesday was read and approved.

        A communication from Dr. Fisher was read, inviting the delegates of the Convention to visit the Insane Asylum.

        Mr. Galloway introduced a resolution pertaining to the City of Wilmington.

        Referred to the Committee on Counties, Towns, &c.

        Mr. Ashley introduced a resolution instructing the Committee on Corporations other than Municipal.

        Referred to the Committee on Corporations.

        Mr. Ashley also introduced a resolution instructing the Committee on the Legislature.

        Referred to the Committee on Legislature.

        Mr. Harris, of Wake, presented an ordinance providing means of relief.

        Lies over under the rules.

        Mr. Gunter introduced a resolution to change the hour of daily meeting of the Convention.

        Lies over under the rules.

        Mr. McDonald, of Chatham, introduced an ordinance levying a tax of seventy-five per cent on old debts.

        On motion, was ordered to be printed.

        Mr. Teague presented a resolution instructing the Committee

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of three to enquire of General Canby how far he will recognize legislation by this Convention.

        Lies over under the rules.

        The Committee on Privileges and Elections submitted their report, through Mr. Abbott.

        On request it was laid over.

        The Committee on relief presented a report, and,

        On motion, was ordered to be printed.

        The majority and minority reports of the Committee on Suffrage was presented, and,

        On motion, was ordered to be printed, and made Special Order for Thursday next, at 12 o'clock, M.

        The following communication was received from the State Treasurer, which was ordered to be printed, six copies to each member:

STATE OF NORTH-CAROLINA,

TREASURY DEPARTMENT,
RALEIGH, January 29th, 1868.

HON. CALVIN J. COWLES,
President of Constitutional Convention
of North-Carolina:

        SIR:--I have the honor in response to the resolution of your honorable body, requesting me to furnish the Convention a "statement of the indebtedness of the State, to what parties or sources, what amount to each, what is the amount of her endorsement for Rail Road or other improvements, what further endorsement of Rail Road Bonds she is directed to make under any existing law or regulation and when passed, what property or assets, or securities said State holds for, or on account of said indebtedness--what amount of stock the State holds in the several corporations of this State, and what amount of dividend or interest she receives annually from each source?"

        I enclose a tabular statement giving in detail,

        1st. A list of the bonds and certificates of indebtedness of

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the State, outstanding on the first day of October, 1867, aggregating principal and interest $13,970,000, and adding internal improvement bonds issued during the war, $15,238,000, showing under what acts the debts were incurred and for what purpose, where and when the different classes of debt and interest thereon are payable, when the principal will become due and what rate of interest is payable. Since October first, 1867, the alteration in the status of the debt has been inconsiderable.

        2d. A list showing the stocks and other securities owned by the State.

        I have also given a list of bonds issued for internal improvement purposes during the war. Of these, all except those for the benefit of the Chatham Rail Road Company, were issued under acts passed before the war.

        The interest due and unpaid, estimated is only approximate, as during the war, coupons of old and new bonds were paid at the Treasury without a separate account of each being kept, but the estimate is substantially correct.

        Owing to the fact, that $682,500, bonds of the State, were surrendered in exchange for State stock in the Raleigh and Gaston Rail Road Company, and $304,600, bonds belonging to Literary Board were likewise surrendered in exchange for registered certificates, the amounts in the tables do not exactly represent the amounts originally issued.

        As nearly all of the debt of the State is evidenced by coupon bonds payable to bearer and negotiable by delivery, I regret that it is impossible for me to state the names of the owners of said bonds.

        The State is not responsible as endorser of any bonds, strictly speaking. As stated in the table $74,500 bonds issued by the Cape Fear and Deep River Navigation Company were originally company bonds endorsed by the State, but the same have since been assumed by the State, and stand on the same footing as regular State Bonds.

        The large amount of stock in the Western Rail Road Company results from the transfer to that Company of $1,000,000, second mortgage bonds of the Wilmington, Charlotte and

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Rutherford Rail Road Company, in exchange for that amount of stock in the former company, under the act of February 26th, 1867, entitled "An act to enable Western Rail Road Company to extend its road across the North-Carolina Rail Road to the Virginia line near Mt. Airy in the County of Surry."

        By Act of December 20th, 1866, entitled "An Act to enable the Western Rail Road Company to complete its road from the Coal Fields in Chatham County to some point on the North-Carolina Rail Road," the State relinquished to said Western Rail Road Company the bonds and mortgage, held on said Company, amounting to $600,000, in exchange for the same amount of stock of that Company. It is claimed that this act likewise extinguishes the liability of the Company to the State by reason of the coupons amounting to $225,000 on said $600,000 of bonds, prior to the exchange authorized, but I have not yielded to this claim.

        The interest due by the Wilmington, Charlotte and Rutherford Rail Road Company on the first of October, 1867, amounted to $187,500, that Company having regularly paid the interest due the State for many years.

        This claim for interest as well as for the $1,000,000, bonds of this Company, transferred to the Western Rail Road Company, is secured by the second mortgage on the property of the Company, by act of December 20th, 1866, entitled "An act to enable the Wilmington, Charlotte and Rutherford Rail Road Company, to complete its Road, pay its debt to the State, and extend its road to the Tennessee line," the Company being authorized to issue first, mortgage bonds to the amount of $4,000,000.

        The contingent liabilities of the State for Rail Roads are so far as I can learn as follows:

1ST, THE WESTERN NORTH-CAROLINA RAIL ROAD COMPANY.

        The charter of the Western North-Carolina Rail Road Company, granted at the session of 1854 and 1855, has been amended at various times. The last amendments are, the "Act to enhance the value of the bonds to be issued for the

Page 88

completion of the Western North-Carolina Rail Road and for other purposes," ratified December 19th, 1866, and the "Act to authorize the President and Directors of the Western North-Carolina Rail Road Company to put said road under contract, ratified February 27th, 1867." By these Acts whenever the estimated cost of any portions or sections, such portions or sections to embrace at least $50,000 worth of work at the estimated cost has been subscribed by solvent individuals, &c., the Treasurer of the State is authorized and directed to issue bonds of the State for the remaining two-thirds, as provided in the former of the above mentioned acts. Upon the certificate of the President of said road to the Board of Internal Improvements, that the stock has been subscribed as above required, by the preamble of said act of December, 19th, 1856, it is recited that the faith of the State is pledged for $4,000,000, in bonds of the State. Of these $2,268,000, have been issued, leaving a contingent liability of $1,732,000.

        2. By Act of 1860 and 61, chap. 121, ratified February 26th, 1861, the State agreed to give $200,000, State six per cent bonds, in exchange for a like amount of seven per cent first mortgage bonds of the Albemarle and Chesapeake Canal Company. This exchange has not been called for by the Company.

        3. By section 1 of an Act to enable the Western Rail Road Company to extend their road from the Coal Fields to the North-Carolina Rail Road, ratified February 16th, 1866, $10,000 for every ten miles graded and ready for superstructure, are granted, on condition that the iron, rails, chains and spikes shall have been purchased, and moreover that the rails shall be the product and manufacture of North-Carolina. This appropriation is not to exceed $500,000, and is for the Western Division of the road, that is for the Division between Deep River and the North-Carolina Rail Road, and the loan by the State is to be secured by lien on the said Western Division.

        By an ordinance of the Convention of 1861, entitled "An ordinance to enable the Western Rail Road Company to complete their road," ratified 10th May, 1862, the above restrictions

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in regard to rails, chains, and spikes are repealed, and the lien is to extend over both divisions of the road and all other property of the Company.

        By an ordinance of the Convention of 1865, entitled "An ordinance declaring what laws and ordinances are in force and for other purposes," ratified 18th October, 1865, all laws and ordinances passed since May 20th, 1861, compatible with the allegiance of the citizens of this State to the Government of the United States, and not since repealed or modified, and which are consistent with the Constitutions of the State and the United States, are declared to be in full force.

        Of course I no not pretend to say whether the aforesaid ordinance of May 10th, 1862, is in force or not by virtue of the ordinance of October 18th, 1865. I can only say that it has not been "repealed or modified."

THE CHATHAM RAIL ROAD COMPANY.

        4. On the 5th day of February, 1863, an act was passed to amend the charter of the Chatham Rail Road Company, by which the State was to subscribe to the stock of said Company $10,000 for each mile graded, not to exceed $250,000. No part of this subscription has been called for or paid.

        The question whether the Act has been ratified by the above recited ordinance of October 18th, 1865, has not yet been acted on.

        I am not aware that the State is under any further contingent liability to Rail Road or other corporations. The obligation to advance money to the Wilmington, Charlotte and Rutherford Rail Road Company has been repealed by the aforesaid act of 1866 and 67, chap. 108, entitled "An act to enable the Wilmington, Charlotte and Rutherford Rail Road Company to complete its road, pay its debt to the State and extend its road to the Tennessee line."

        The State has not since the close of the war received any interest or dividends from stocks or bonds owned by her, nor have I been notified that any such payment is shortly contemplated.

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        The following stocks in corporations are owned by the Literary Fund:

        
Bank of North-Carolina, $502,700
Bank of Cape Fear, 544,400
Wilmington and Weldon Rail Road Company, 400,000
Wilmington and Manchester Rail Road " 200,000
Cape Fear Navigation Company, 32,500
Total, $1,679,600

        None of these corporations have paid any dividends since the war.

I have the honor to be,
Very respectfully,

KEMP P. BATTLE,
Public Treasurer.


        

TABLE, Showing the different Classes of Bonds issued by the State of North-Carolina,
authority under which issued, Date of Bonds, when due, &c., at date of October 1st, 1867.

FOR WHAT PURPOSE. AUTHORITY. DATE OF BONDS. WHEN DUE. AMOUNT. TOTAL. WHAT CLASS. REMARKS.
To pay debts of the State to Banks, &c., Acts of 1848-'9, chap. 37, sec. 1, & 1850-'1, chap. 58,       $ 13,000 Registered (Due and unpaid,) Six per cent. The books do not show date of maturity, though known to be due.
Fayetteville and Western Plank Road, Acts of 1848-'9, chap. 89, sec. 20. 1849, 1869, $ 11,500      
Fayetteville and Western Plank Road, Acts of 1818-'9, chap. 89, sec. 20. 1850, 1870, 14,500      
Fayetteville and Western Plank Road, Acts of 1818-'9, chap. 89, sec. 20. 1851, 1871, 20,000      
Fayetteville and Western Plank Road, Acts of 1818-'9, chap. 89, sec. 20. 1852, 1872, 9,500      
          55,500 Registered (Int. & Prin. payable at Treasury,) Six per cent.
Gaston & Weldon Rail Road, and Neuse and Tar River, Act of 1848-'9, chap. 82, sec. 49 and 51, July 1, 1854, July 1, 1864, 15,000      
Gaston & Weldon Rail Road, and Neuse and Tar River, Act of 1848-'9, chap. 82, sec. 49 and 51, January 1, 1855, January 1, 1865, 24,000      
Gaston & Weldon Rail Road, and Neuse and Tar River, Act of 1848-'9, chap. 82, sec. 49 and 51, July 1, 1855, July 1, 1865, 27,000      
          66,000 Coupons (Prin. and Int. payable in New York,) Six per cent.
North-Carolina Rail Road, Act of 1848-'9, chap. 82, sec. 38, January 1, 1853, January 1, 1883, 497,000      
North-Carolina Rail Road, Act of 1848-'9, chap. 82, sec. 38, July 1, 1853, July 1, 1883, 481,000      
North-Carolina Rail Road, Act of 1848-'9, chap. 82, sec. 38, January 1, 1854, January 1, 1884, 459,000      
North-Carolina Rail Road, Act of 1848-'9, chap. 82, sec. 38, July 1, 1854, July 1, 1884, 118,000      
North-Carolina Rail Road, Act of 1848-'9, chap. 82, sec. 38, January 1, 1855, January 1, 1885, 317,000      
North-Carolina Rail Road, Act of 1854, chap. 32, April 1, 1855, April 1885, 943,000      
          2,815,000 Coupons (Prin. and Int. payable in New York,) Six per cent.
Fayetteville and Centre Plank Road, Act of 1854, chap. 183, sec. 4, April 1, 1855, April 1, 1875, 20,000      
Fayetteville and Centre Plank Road, Act of 1854, chap. 183, sec. 4, July 1, 1856, July 1, 1876, 9,000      
Fayetteville and Centre Plank Road, Act of 1854, chap. 183, sec. 4, April 1, 1857, April 1, 1877, 2,000      
Fayetteville and Centre Plank Road, Act of 1854, chap. 183, sec. 4, January 1, 1858, January 1, 1878, 4,000      
Fayetteville and Centre Plank Road, Act of 1854, chap. 183, sec. 4, October 1, 1858, October 1, 1878, 7,000      
Fayetteville and Centre Plank Road, Act of 1854, chap. 183, sec. 4, July 1, 1858, July 1, 1878, 5,000      
          47,000 Coupons (Prin. and Int. payable in New-York,) Six per cent.
Fayetteville & Warsaw Plank Road, Act of 1854, chap. 201, sec. 1 and 2, July 1, 1855, July 1, 1875, 4,000      
Fayetteville & Warsaw Plank Road, Act of 1854, chap. 201, sec. 1 and 2, January 1, 1857, January 1, 1877, 6,000      
          10,000 Coupons (Prin. and Int. payable in New-York,) Six per cent.
Tar River, Act of 1854-'5, chap. 32, sec. 9, January 1, 1856. January 1, 1886, 15,000      
          15,000 Coupons (Prin. and Int. payable in New-York,) Six per cent.
Insane Asylum, Act of 1854, chap. 3, January 1, 1856, January 1, 1866, 29,000      
Insane Asylum, Act of 1854, chap. 3, April 1, 1857, April 1, 1867, 14,000      
Insane Asylum, Act of 1854, chap. 3, January 1, 1858, January 1, 1868, 1,000      
Insane Asylum, Act of 1856, chap. 5, January 1, 1858, January 1, 1868, 31,000      
Insane Asylum, Act of 1858, chap. 2, sec. 10. July 1, 1859, July 1, 1889, 10,000      
          85,000 Coupons (Prin. and Int. payable in New-York,) Six per cent.
Atlantic & North-Carolina Rail Road, Act of 1854, chap. 232, sec. 5, January 1, 1856, January 1, 1886, 516,000      
Atlantic & North-Carolina Rail Road, Act of 1854, chap. 232, sec. 5, January 1, 1857, January 1, 1887, 239,000      
Atlantic & North-Carolina Rail Road, Act of 1856, chap. 74, July 1, 1857, July 1, 1887, 234,500      
Atlantic & North-Carolina Rail Road, Act of 1856, chap. 76, October 1, 1857, October 1, 1887, 374,000      
          1,363,500 Coupons (Prin. and Int. payable in New-York,) Six per cent.
Albemarle and Chesapeake Canal, Act of 1856-'7, chap. 46, sec. 2, April 1, 1857, April 1, 1887, 227,000      
Albemarle and Chesapeake Canal, Act of 1856-'7, chap. 46, sec. 2, April 1, 1859, April 1, 1889, 97,000      
          324,000 Coupons (Prin. and Int. payable in New-York,) Six per cent.
Western Rail Road, Act of 1858-'9, chap. 165, sec. 1, April 1, 1859, April 1, 1889, 193,000      
Western Rail Road, Act of 1858-'9, chap. 165, sec. 1, January 1, 1860, January 1, 1890, 95,000      
Western Rail Road, Act of 1858-'9, chap. 165, sec. 1, October 1, 1860, October 1, 1890, 100,000      
          388,000 Coupons (Prin. and Int. payable in New-York,) Six per cent.
Western North-Carolina Rail Road, Act of 1854, chap. 228, sec. 35, October 1, 1856, October 1, 1886, 192,000      
Western North-Carolina Rail Road, Act of 1854, chap. 228, sec. 35, July 1, 1857, July 1, 1887, 90,500      
Western North-Carolina Rail Road, Act of 1854, chap. 228, sec. 35, January 1, 1858, January 1, 1888, 99,000      
Western North-Carolina Rail Road, Act of 1854, chap. 228, sec. 35, April 1, 1858, April 1, 1888, 50,000      
Western North-Carolina Rail Road, Act of 1854, chap. 228, sec. 35, July 1, 1858, July 1, 1888, 96,500      
Western North-Carolina Rail Road, Act of 1854, chap. 228, sec. 35, October 1, 1858, October 1, 1888, 32,000      
Western North-Carolina Rail Road, Act of 1854, chap. 228, sec. 35, January, 1, 1859, January 1, 1889, 77,000      
Western North-Carolina Rail Road, Act of 1854, chap. 228, sec. 35, April 1, 1859, April 1, 1889, 50,000      
Western North-Carolina Rail Road, Act of 1854, chap. 228, sec. 35, July 1, 1859, July 1, 1889, 97,000      
Western North-Carolina Rail Road, Act of 1854, chap. 228, sec. 35, October 1, 1859, October 1, 1889, 148,000      
Western North-Carolina Rail Road, Act of 1854, chap. 228, sec. 35, April 1, 1860. April 1, 1890, 98,000      
Western North-Carolina Rail Road, Act of 1854, chap. 228, sec. 35, July 1, 1860, July 1, 1890, 48,000      
Western North-Carolina Rail Road, Act of 1854, chap. 228, sec. 35, October 1, 1860, October 1, 1890, 65,000      
Western North-Carolina Rail Road, Act of 1854, chap. 228, sec. 35, July 1, 1866, July 1, 1896, 50,000      
Western North-Carolina Rail Road, Act of 1854, chap. 228, sec. 35, October 1, 1866, October 1, 1896, 50,000      
Western North-Carolina Rail Road, Act of 1854, chap. 228, sec. 35, July 1, 1867, July 1, 1897, 750,000      
          1,993,000 Coupons (Prin. and Int. payable in New-York,) Six per cent.
Wilmington, Charlotte & Rutherford Rail Road, Act of 1858, chap. 168, January 1, 1860, January 1, 1890, 193,000      
Wilmington, Charlotte & Rutherford Rail Road, Act of 1858, chap. 168, July 1, 1860, July 1, 1890, 192,000      
Wilmington, Charlotte & Rutherford Rail Road, Act of 1858, chap. 168, October 1, 1860, October 1, 1890, 385,000      
Wilmington, Charlotte & Rutherford Rail Road, Act of 1858, chap. 168, April 1, 1861, April 1, 1891, 196,000      
Wilmington, Charlotte & Rutherford Rail Road, Act of 1860, chap. 142, April 1, 1861, April 1, 1691, 50,000      
Wilmington, Charlotte & Rutherford Rail Road, Act of 1865, chap. 3, January 1, 1866, July 1, 1892, 430,000      
Wilmington, Charlotte & Rutherford Rail Road, Act of 1867, chap. 56, January 1, 1867, July 1, 1892, 23,000      
          1,469,000 Coupons (Prin. and Int. payable in New-York,) Six per cent.
For certain purposes, Act of 1858, chap. 43, April 1, 1859, April 1, 1889, 341,500      
For certain purposes, Act of 1858, chap. 43, July 1, 1859, July 1, 1889, 126,500      
For certain purposes, Act of 1858, chap. 43, October 1, 1859, October 1, 1889, 87,500      
For certain purposes, Act of 1858, chap. 43, January 1, 1860, January 1, 1890, 410,000      
For certain purposes, Act of 1858, chap. 43, April 1, 1859, April 1, 1869, 20,900      
For certain purposes, Act of 1858, chap. 43, July 1, 1859, July 1, 1869, 10,600      
For certain purposes, Act of 1858, chap. 43, October 1, 1859, October 1, 1869, 17,100      
For certain purposes, Act of 1858, chap. 43, January 1, 1860, January 1, 1870, 63,900      
          1,978,000 Coupons (Prin. and Int. payable in New-York,) Six per cent.
Cape Fear & Deep River Navigation Co., Act of 1858, chap. 142, sec. 3, July 1, 1860, July 1, 1890, 93,000      
          93,000 Coupons (Prin. and Int. payable in New-York,) Six per cent.
Cape Fear & Deep River Navigation Co., Act 1854, chap. 5, July 1, 1855, July 1, 1865, 23,000      
Cape Fear & Deep River Navigation Co., Act 1854, chap. 5, July 1, 1856, July 1, 1875, 6,500      
Cape Fear & Deep River Navigation Co., Act of 1858, chap. 142, July 1, 1855, July 1, 1885, 45,000      
          74,500 Coupons (Prin. and Int. payable in New-York,) Six, per cent., assumed by the State.
To provide for Funding State Debt, incurred under Acts passed prior to May 20th, 1861, Act of March 10, 1866, January, 1, 1866, January 1, 1900,   2,259,500 Coupons (Prin. and Int. payable in New-York,) Six per cent.
In favor of Catherine Kendall, Resolution of March 10, 1866, January 1, 1863. January 1, 1893,   1,000 Coupons (Prin. and Int. payable in New-York,) Six per cent. interest from Feb. 24, 1863.
Registered Certificates of Literary Fund, Act of 1867, chap. 68, January 1, 1867,     320,070 50 Payable at Treasury, Six per cent.
          $ 12,470,070 50    
    Estimated amount of interest outstanding due,     1,500,000    
          $ 13,970,070 50    

        

Bonds issued for Internal Improvements purposes since May 20th, 1861, and prior to the year 1866.

FOR WHAT PURPOSE. AUTHORITY. DATE OF BOND. WHEN DUE. AMOUNT. TOTAL. WHAT CLASS. REMARKS.
Western (Coalfield) Railroad, Act of 1860-'1, chapter 137, section 2, October 1, 1861, October 1, 1891,   $ 200,000 Coupons payable at Treasury, Six per cent.
Western North-Carolina Railroad, Act of 1860-'1, chapter 228, section 35, October 1, 1861, October 1, 1891,   220,000 Coupons payable at Treasury, Six per cent.
Wilmington, Char. & Rutherford R. R. Act of 1860-'1, chapter 42, July 1, 1862, July 1, 1892,   493,000 Coupons payable at Treasury, Six per cent.
Chatham Railroad, Ordinance of Convention, Paragraph 7, January 1, 1863, January 1, 1883, 15,000   Coupons payable at Treasury, Six per cent. Exchanged with City of Raleigh.
Chatham Railroad, Ordinance of Convention, Paragraph 7, January 1, 1863, January 1, 1883, 200,000 215,000   $15,000, and with R & G. R. R. Co. $200,000,
          $ 1,128,000    
    Interest estimated due and unpaid,     140,000    
          $ 1,268,000    

        

STOCKS.

North-Carolina Rail Road Company, $ 3,000,000 Of this amount $1,000.000 is preferred stock, $800,000 of unpreferred stock, mortgaged under Act of December 18th, 1866.
Atlantic & North Carolina Rail Road Company, 1,266,500 Of this amount $220,000, were subscribed for October 1st, 1861.
Western North-Carolina Rail Road Company, 2,268,000  
Albemarle & Chesapeake Canal Company, 350,000  
Roanoke Navigation Company, 50,000  
Western Rail Road Company, 1,600,000 $1,000,000 of this subscribed for under Act 1866 and '67, chap. 95.
Total, $ 8,534,500  

        

BONDS.

OF WHAT COMPANY. DATE OF ISSUE. WHEN DUE. AMOUNT. TOTAL. REMARKS.
City of Raleigh, January 1, 1863, January 1, 1883,   $ 14,000  
Raleigh & Gaston Rail Road Company, January 1, 1863, January 1, 1883,   20,000  
Wilmington, Charlotte & Rutherford Rail Road Company, October 1, 1860, October 1, 1890, $ 230,000    
Wilmington, Charlotte & Rutherford Rail Road Company, April 1, 1861, April 1, 1891, 250,000    
Wilmington, Charlotte & Rutherford Rail Road Company, July 1, 1862, July 1, 1892, 520,000    
        1,000,000 By Act ratified December 20th, 1866, these Bonds were made second Mortgage Bonds.
Accrued Interest on Bonds of Wilmington, Charlotte & Rutherford Rail Road Company,       187,500  
Coupons for interest due by the Western Rail Road Company,       225,000  
Total Bonds and Interest,       1,446,500  
Total Stocks,       8,534,500  
Total Bonds, Interest and Stocks,       $ 9,981,000  

Page 91

        Mr. Rich called for a suspension of the rules, to call up his resolution offered Wednesday, which was agreed to.

        Whereupon the following resolution was brought before the House and adopted:

        Resolved, That the Sheriffs of the several counties of this State be directed to inform this Convention, at the earliest practicable moment, of the number of executions now in their hands, and the total amount of money therein ordered to be collected.

UNFINISHED BUSINESS.

        The following preamble and resolution of Mr. Hood, was taken up and put upon its passage:

        WHEREAS, The 14th Article of the Constitution of the United States, which disfranchises a certain class of citizens for participation in the late rebellion, also provides that Congress may, by a two-thirds vote of each House remove such disability, and whereas, there are many whose sentiments are in hearty accord with the Reconstruction measures, who are injuriously effected by said disfranchisement; Therefore

        Resolved, That a Committee of five be appointed by the Chair, whose duty it shall be to gather such information as will enable them at an early day, to report to this Convention a list of such persons as may be presented to Congress to be relieved.

        On motion of Mr. Pool amended so as to read, the Committee to consist of eight, one from each Judicial District.

        The yeas and nays were demanded.

        The resolution as amended, was adopted by the following vote, yeas 90, nays 16:

        Those who voted in the affirmative are:

        Messrs. Abbott, Andrews, Ashley, Aydlott, Barnes, Benbow, Blume, Bradley, Bryan, Carter, Candler, Chillson, Colgrove, Congleton, Cox, Daniel, Dickey, Duckworth, Fisher, Forkner, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Galloway, Garland, Garrett, George, Glover, Graham of Montgomery, Grant of

Page 92

Waye, Gully, Gunter, Harris of Wake, Harris of Franklin, Hay, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hood, Hyman, Ing, Jones of Caldwell, Jones of Washington, King of Lenoir, Kinney, Laflin, Lee, Logan, Mann, May, Mayo, McDonald of Chatham, McDonald of Moore, Moore, Morton, Mullican, Murphy, Nance, Newsom, Patrick, Parks, Petree, Peterson, Pierson, Pool, Ragland, Ray, Renfrow, Rhodes, Rich, Robbins, Rodman, Rose, Smith, Stilly, Sweet, Taylor, Teague, Trogden, Tucker, Turner, Watts, Welker, Williams of Wake and Williamson--96.

        Those who voted in the negative are:

        Messrs. Durham, Ellis, Etheridge, Graham of Orange, Grant of Northampton, Hall, Hare, Hodnett, Holt, Lennon, McCubbins, Merritt, Nicholson, Parker, Read, and Tourgee--16.

        The report of the Committee on Relief was taken up, and,

        On motion, was postponed until Saturday.

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

        On motion, it was also agreed that the House on each day at 12 o'clock, resolve itself into a Committee of the Whole.

        Mr. Jones, of Washington, took the Chair.

        At 3 o'clock the Committee arose and reported progress.

        Mr. Jones, Chairman, reported the adoption of the 3d section of the report of the Committee on a Governor and other necessary State Executive Officers, also the adoption of section 4th, with the following amendments, viz: Striking out after the word "affirmation," "that to the best of his knowledge and belief, he is eligible under the Constitution and laws of this State, to the office to which he has been elected," and inserting, "that he will support the Constitution of the United States and of the State of North-Carolina;" also striking out after the word "Governor" the eighth line, the words, "of the State of North-Carolina," and inserting, "to which he has been elected."

        Section 5th was also adopted.

        Section 6th was adopted with the following amendments, viz: by striking out the words, "treason and" in the 3d

Page 93

line and inserting the word "in;" also striking out all after the word "pardon," in the 7th line to the word "reprieve," inclusive, in the 12th line; also by striking out the word "biennially," and inserting "annually."

        Section 7th was adopted as read.

        Section 8th was adopted as read.

        Section 9th was adopted as read.

        Section 10th was adopted as read.

        Section 11th was adopted as read.

        Section 12th was adopted as read.

        Section 13th was adopted as read.

        Section 14th was adopted as read.

        Section 15th was adopted as read.

        Section 16th was adopted as read.

        Section 17th was stricken out.

        Section 18th was adopted with the following amendments, viz: by striking out in the first line the word "may," and inserting "shall," and line 22d to read "a Bureau of Statistics, of Agriculture and of Immigration."

        The following substitute was adopted for section 2d, as adopted Tuesday:

        SEC. 2. No person shall be eligible as Governor, or Lieutenant Governor, unless he shall have attained the age of thirty years, shall have been a citizen of the United States for five years, and shall have been a resident of this State for two years next before the day of election, nor shall the person elected to either of these new offices be eligible to the same office more than four years in any term of six years, unless the office shall have been cast upon him as Lieutenant Governor, or President of the Senate.

        Section 2d, as was reported, amended and adopted Tuesday, was again amended and adopted by striking out the word "ratification" and inserting the word "approval;" also striking out the words "thirty days," and inserting instead "ten days."

        The committee also reported the following action on the report of the Committee on Millitia, viz:

        The adoption of section 1st, with the following amendments

Page 94

in the 4th line, striking out the word "such" and inserting "provided that all;" in the 6th line by sriking out the word "exempted," and insert the word "exempt," and by striking out the balance of the section after the word therefrom; also striking out the word "military" in the 4th line.

        Section 2d was adopted as read.

        The committee asked and obtained leave to sit again.

        The President in pursuance of the report of the Committee of Sixteen appointed the following committees:

        Committee on Immigration and Resources and Statistics of the State.--Messrs. Rich, Gahagan, Hood, Ellis and Ashley.

        A Standing Committee on Miscellaneous Affairs.--Messrs. Laflin, Baker, Eppes, Aydlott and May.

        On motion the House adjourned.

FRIDAY, JANUARY 31ST, 1868.

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

        Prayer by the Rev. Mr. Warwick.

        A quorum was announced by the President.

        Mr. Parker was allowed to change his vote of yesterday on Mr. Hood's resolution as amended by Mr. Pool, from nay to yea.

        Mr. Bryan presented a memorial in reference to disabilities and their removal.

        Referred to the Committee on Miscellaneous Affairs.

        Mr Tourgee, Chairman, of the Committee on Counties, Towns, &c., reported as follows:

        The Committee on Counties, Towns, &c., have instructed me to report, that they have carfully considered the accompanying resolutions introduced by the delegate from Halifax, Mr. Eppes, and have concluded that the subject matter thereof, does not properly come within their power and they would respectfully ask to be discharged from its further consideration,

Page 95

and suggest that it be referred to the Committee on Suffrage.

A. W. TOURGEE, Chairman.


        The report was accepted.

        Mr. Rich presented a resolution relative to "the control of the veto power upon the Governor."

        Lies over under the rules.

        Mr. Tourgee introduced the following resolution.

        Resolved, That the committee provided for, by the resolution of the delegate from Cumberland, to consider the preparation of a list of persons who should be recommended to Congress for the relief of disabilities imposed by the proposed amendment to the Constitution of the United States, known as Article XIV, be also instructed to consider the propriety of petitioning Congress for the relief of such persons as were, during the war, in hearty accord with the Government of the United States, though the same be not now in favor of the Reconstruction measures of Congress.

        On motion, the rules were suspended.

        Mr. Durham offered the following amendment:

        Strike out all after the word "instructed," and insert the following:

        "To ascertain and report the names of all citizens of the State, who are disfranchised by the Reconstruction Acts of Congress, that this Convention may recommend the same to Congress for a removal of political disabilities."

        The hour of twelve having arrived, the house resolved it self into a Committee of the Whole.

        Mr. Sweet in the Chair.

        The following report of the Committee on Militia was considered:

REPORT OF COMMITTEE ON MILITIA.

        The Committee appointed on Militia met pursuant to instruction, and respectfully submit the following:

Page 96

        SECTION 1. All able bodied male citizens of the State of North-Carolina, between the ages of twenty-one and forty years, who are citizens of the United States, shall be liable to military duty in the militia. Such persons who may be adverse to bearing arms, from religious scruples, may be exempted therefrom upon such conditions as shall be prescribed by law.

        SEC. 2. The General Assembly shall provide for the organizing, arming, equipping and discipline of the militia, and for paying the same when called into active service.

        SEC. 3. All officers shall be elected by their respective commands, and commissioned by the Governor, with the consent of the General Assembly; the commissions of such officers to expire with the Governor's term of service.

        SEC. 4. The Governor shall be Commander-in-Chief, and have power to call out the militia to execute the law, suppress riots or insurrections.

        SEC. 5. The Governor shall have power to appoint and commission an Adjutant-General and such staff officers as he may deem necessary for the public good.

        SEC. 6. The officers and men organized as militia shall not receive any pay or emolument except when in active service.

        SEC. 7. The General Assembly shall have power to make such exemptions as may be deemed necessary, and to enact laws that may be expedient for the government of the same.

J. Q. A. BRYAN, Chairman.

BYRON LAFLIN,

J. W. RAGLAND,

J. J. HAYES,

H. L. GRANT,

D. D. COLGROVE,

WM. STILLY,

SAMUEL H. HIGHSMITH,

G. A. GRAHAM,

E. LEGG.


        At 2 o'clock the committee arose, and Mr. Sweet, Chairman,

Page 97

reported that the Committee of the Whole had the report of the Committee on Militia under consideration and report progress:

        Reported section 3 stricken out.

        Section 4 adopted.

        Section 5 stricken out.

        Section 6 stricken out.

        Section 7 adopted as amended, viz: by striking out the word "same" and inserting "militia."

        On motion of Mr. Heaton, it was ordered that the report of the Committee on a Governor and other necessary State executive officers as amended by the Committee of the Whole be engrossed for final reading and passage.

        On motion of Mr. Heaton, the report of the Committee on Militia, as amended by the Committee of the Whole, be engrossed for final reading and passage.

        Fabius Haywood Busbee, Reporter for the North-Carolinian, was expelled from the Convention by the President, by authority of a resolution passed January 16th, he having purposely and avowedly insulted the Convention by presenting at the desk of the President, a paper purporting to be a report of the current proceedings abounding in flouts, sneers and insults.

        The resolution of Mr. Tourgee was taken up; also the amendment proposed by Mr. Durham.

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

        Mr. McDonald, of Chatham, demanded the yeas and nays. Granted.

        The resolution and amendment were laid on the table by the following vote:

        Those who voted in the affirmative are:

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

Page 98

of Franklin, Hay, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hyman, Ing, Jones of Caldwell, King of Lincoln, Kinney, Lee, Logan, Long, Mann, May, Mayo, Moore, Morton, Mullican, Murphy, Nance, Nicholson, Patrick, Parker, Parks, Petree, Pool, Ragland, Ray, Renfrow, Rhodes, Robbins, Rose, Smith, Stilwell, Sweet, Taylor, Teague, Tourgee, Trogden, Tucker, Turner, Watts, Welker, and Williams of Wake--82.

        Those who voted in the negative are.

        Messrs. Baker, Bradley, Cherry, Daniel, Dowd, Durham, Ellis, Forkner, Graham of Orange, Gunter, Hall, Hare, Hodnett, Hollowell, Holt, Jones of Washington, Laflin, Lennon, Marshall, McCubbins, Merritt, McDonald of Chatham, McDonald, of Moore, Newsom, Rich, Rodman, Sanderlin, Stilly and Williamson--29.

        On motion the report of the Committee on a Preamble and Bill of Rights was made a special order for Monday at 12 o'clock.

        On motion it was ordered that the report of the Committee on Internal Improvements be made a special order for Saturday at 12 o'clock.

        Mr. Sweet asked and obtained leave of absence for Mr. Moore, of Granville, for two days.

        Mr. Colgrove obtained leave of absence until Monday.

        On motion the House adjourned.

SATURDAY FEBRUARY 1ST, 1868.

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

        Prayer by the Rev. Mr. Brewer.

        The Journal of Friday was read and approved.

        The following communication was received from General Canby, giving the number of votes in the State for and against a Convention; also the number of votes received for each candidate to the Convention in each County.

        On motion it was ordered that 200 copies be printed.

Page 99

STATEMENT

        Of votes cast for delegates to Convention in the election districts of North-Carolina at the election held on the 19th and 20th days of November, 1867, as returned by the superintendents of election.

        
ELECT. DIST. COUNTY. CANDIDATES. VOTES POLLED
1st. Burke, and McDowell. John S. Parks, 1,287
1st. Burke, and McDowell. W. A. B. Murphy, 1,281
1st. Burke, and McDowell. Woodville W. Fleming, 441
1st. Burke, and McDowell. Robert V. Keely, 420
1st. Burke, and McDowell. Geo. G. McCoy, 33
1st. Burke, and McDowell. Scattering, 11
    Total, 3,473
2d. Polk, and Rutherford. W. H. Logan, 1,459
2d. Polk, and Rutherford. Jesse Rhodes, 1,385
2d. Polk, and Rutherford. R. A. Shotwell, 81
2d. Polk, and Rutherford. Jas. W. Adams, 18
2d. Polk, and Rutherford. Scattering, 1
    Total, 2,944
3d. Mitchell and Yancey. Julius S. Garland, 652
3d. Mitchell and Yancey. Andrew J. Roberts, 225
3d. Mitchell and Yancey. William J. Silver, 35
3d. Mitchell and Yancey. Scattering, 5
    Total, 917
4th. Buncombe, Madison, Henderson and Transylvania. Geo. W. Gahagan, 2,307
4th. Buncombe, Madison, Henderson and Transylvania. Thos. J. Candler, 2,287
4th. Buncombe, Madison, Henderson and Transylvania. Jas. H. Duckworth, 2,304
4th. Buncombe, Madison, Henderson and Transylvania. Sam'l. B. Gudger, 702
4th. Buncombe, Madison, Henderson and Transylvania. O. L. Erwin, 684
4th. Buncombe, Madison, Henderson and Transylvania. Dr. Jesse Wallen, 699
    Total, 8,983

Page 100

ELECT. DIST. COUNTY. CANDIDATES. VOTES POLLED
5th. Jackson and Haywood. W. B. Garrett, 663
5th. Jackson and Haywood. Wm. P. Welch, 537
    Total, 1,200
6th. Cherokee, Clay and Macon. Mark May, 776
6th. Cherokee, Clay and Macon. Geo. W. Dickey, 623
6th. Cherokee, Clay and Macon. David Malonee, 369
6th. Cherokee, Clay and Macon. John M. Galloway, 379
6th. Cherokee, Clay and Macon. John R. Simonds, 291
6th. Cherokee, Clay and Macon. Scattering, 27
    Total, 2,465
7th. Alleghany, Ashe, Surry, Yadkin and Watauga. Samuel Forkner, 1,928
7th. Alleghany, Ashe, Surry, Yadkin and Watauga. George W. Bradly, 1,809
7th. Alleghany, Ashe, Surry, Yadkin and Watauga. Evan Benbow, 1,974
7th. Alleghany, Ashe, Surry, Yadkin and Watauga. Belson Burham, 49
7th. Alleghany, Ashe, Surry, Yadkin and Watauga. John G. Marler, 1,030
7th. Alleghany, Ashe, Surry, Yadkin and Watauga. Edwin C. Bartlett, 982
7th. Alleghany, Ashe, Surry, Yadkin and Watauga. James C. Gilmer, 843
7th. Alleghany, Ashe, Surry, Yadkin and Watauga. John Jones, 703
7th. Alleghany, Ashe, Surry, Yadkin and Watauga. John M. Marshall, 1,123
7th. Alleghany, Ashe, Surry, Yadkin and Watauga. William Burke, 58
7th. Alleghany, Ashe, Surry, Yadkin and Watauga. Wm. M. Caloway, 455
7th. Alleghany, Ashe, Surry, Yadkin and Watauga. James G. Marler, 155
7th. Alleghany, Ashe, Surry, Yadkin and Watauga. Marion Marshall, 110
7th. Alleghany, Ashe, Surry, Yadkin and Watauga. Bilson B. Benham, 220
7th. Alleghany, Ashe, Surry, Yadkin and Watauga. Johiel Smith, 48
7th. Alleghany, Ashe, Surry, Yadkin and Watauga. B. B. Benham, 34
7th. Alleghany, Ashe, Surry, Yadkin and Watauga. Scattering, 36
    Total, 11,562

Page 101

ELECT. DIST. COUNTY. CANDIDATES. VOTES POLLED
8th. Alexander, Caldwell, Iredell and Wilkes. Calvin J. Cowles, 3,120
8th. Alexander, Caldwell, Iredell and Wilkes. John Q. A. Bryan, 3,066
8th. Alexander, Caldwell, Iredell and Wilkes. Wesley H. George, 3,098
8th. Alexander, Caldwell, Iredell and Wilkes. Jerry Smith, 3,042
8th. Alexander, Caldwell, Iredell and Wilkes. Calvin C. Jones, 3,114
8th. Alexander, Caldwell, Iredell and Wilkes. Andrew A. Scroggs, 1,568
8th. Alexander, Caldwell, Iredell and Wilkes. James H. Hill, 1,502
8th. Alexander, Caldwell, Iredell and Wilkes. John H. McLaughlin, 1,552
8th. Alexander, Caldwell, Iredell and Wilkes. Rev. Wm. Church, 1,505
8th. Alexander, Caldwell, Iredell and Wilkes. Rev. Stafford C. Miller, 1,325
8th. Alexander, Caldwell, Iredell and Wilkes. Samuel C. Miller, 224
8th. Alexander, Caldwell, Iredell and Wilkes. John H. Hill, 33
8th. Alexander, Caldwell, Iredell and Wilkes. Scattering, 21
    Total, 23,170
9th. Rowan and Davie. William M. Robbins, 1,470
9th. Rowan and Davie. Jas. S. McCubbins, 1,523
9th. Rowan and Davie. Robert F. Johnston, 1,493
9th. Rowan and Davie. Dr. Milton Hobbs, 1,524
9th. Rowan and Davie. Allen Rose, 1,545
    Isaac M. Shaver, 1,504
9th. Rowan and Davie. Total, 9,059
10th. Cleveland. Edward Elliott, 630
10th. Cleveland. Plato Durham, 653
    Total, 1,283
11th. Catawba. James Ransom Ellis, 638
11th. Catawba. I. B. Killiam, 426
    Total, 1,064
12th. Lincoln. Joseph H. King, 573
12th. Lincoln. W. A. Graham, Jr., 386
    Total, 359

Page 102

ELECT. DIST. COUNTY. CANDIDATES. VOTES POLLED
13th. Gaston. Milot J. Aydlott, 735
13th. Gaston. Robert Holland, 159
13th. Gaston. Scattering and informal, 20
    Total, 914
14th. Mecklenburg. Silas N. Stillwell, 1,443
14th. Mecklenburg. Edward Fullings, 1,503
14th. Mecklenburg. Thomas Gluyas, 920
14th. Mecklenburg. John Hunter, 917
14th. Mecklenburg. E. Stillwell, 67
14th. Mecklenburg. Scattering, 3
    Total, 4,853
15th. Union. Wm. Newsom, 875
15th. Union. Edmond L. Davis, 308
15th. Union. Edmund Davis, 41
15th. Union. Scattering, 3
    Total, 1,227
16th. Cabarrus. William T. Blume, 859
16th. Cabarrus.John Hileman, 463
16th. Cabarrus. Informal, 2
    Total, 1,314
17th. Stanly. Levi C. Morton, 417
17th. Stanly. J. M. Redwine, 278
    Total, 695
18th Anson. George Tucker, 1,128
18th Anson. Henry Chillson, 1,111
18th Anson. Townley Redfearn, 650
18th Anson. R. T. Bennett, 656
    Total, 3,545

Page 103

ELECT. DIST. COUNTY. CANDIDATES. VOTES POLLED
19th. Stokes. R. F. Petree, 526
19th. Stokes. R. W. Hill, 114
    Total, 640
20th. Forsyth. Elijah B. Teague, 892
20th. Forsyth. James E. Mathews, 175
20th. Forsyth. Scattering, 7
    Total, 1,074
21st. Davidson. Isaac Kinney, 1,016
21st. Davidson. Spencer Mullican, 976
21st. Davidson. Thos. P. Allen, 272
21st. Davidson. Samuel Jones, 204
21st. Davidson. D. W. C. Johnston, 44
21st. Davidson. Green Lambeth, 63
21st. Davidson. Scattering, 6
    Total, 2,581
22d. Randolph. T. L. L. Cox, 1,272
22d. Randolph. R. F. Trogdon, 1,082
22d. Randolph. W. S. Tomlinson, 362
22d. Randolph. Scattering, 53
    Total, 2,769
23d. Guilford. G. W. Welker, 1,347
23d. Guilford. A. W. Tourgee, 1,231
23d. Guilford. N. Mendenhall, 1,188
23d. Guilford. J. Harris, 1,044
23d. Guilford. Scattering, 14
    Total, 4,824

Page 104

ELECT. DIST. COUNTY. CANDIDATES. VOTES POLLED
24th. Rockingham. Henry Barnes, 756
24th. Rockingham. John French, 741
24th. Rockingham. Wm. N. Hereford, 140
24th. Rockingham. George W. Griffin, 308
24th. Rockingham. Jones W. Burton, 70
24th. Rockingham. Scattering, 12
    Total, 2,027
25th. Caswell. Wilson, Carey. 1,448
25th. Caswell. P. Hodnett, 774
25th. Caswell. Thowas J. Brown, 485
25th. Caswell. William Long, 184
25th. Caswell. Samuel Allen, 189
25th. Caswell. Scattering, 29
    Total, 3,109
26th. Alamance Henry M. Ray, 789
26th. Alamance Rufus Y. McAden, 642
26th. Alamance Scattering, 1
    Total, 1,432
27th. Person. William Merritt, 788
27th. Person. Robbert P. Martin, 692
27th. Person. Scattering, 8
    Total, 1,488
28th. Orange. John W. Graham, 1,438
28th. Orange. Edwin M. Holt, 1,445
28th. Orange. Benj. S. Hedrick, 1,120
28th. Orange. Henry Jones, 1,115
28th. Orange. Scattering, 33
    Total, 5,151

Page 105

ELECT. DIST. COUNTY. CANDIDATES. VOTES POLLED
29th. Chatham. John A. McDonald, 1,279
29th. Chatham. William T. Gunter, 1,223
29th. Chatham. George P. Moore, 492
29th. Chatham. Abraham Rencher, 579
29th. Chatham. Kelly Mitchell, 271
29th. Chatham. Clabourne Justice, 696
29th. Chatham. John A. Hinks, 73
29th. Chatham. William P. Taylor, 45
29th. Chatham. Scattering, 15
    Total. 4,673
30th. Wake. James H. Harris, 2,930
30th. Wake. Joshua P. Andrews, 2,971
30th. Wake. Stokes D. Franklin, 2,986
30th. Wake. B. S. D. Williams, 2,960
30th. Wake. Daniel G. Fowle, 1,895
30th. Wake. Priestly H. Mangum, 1,786
30th. Wake. John A. McLean, 1,787
30th. Wake. Bennett T. Blake, 1,787
30th. Wake. Scattering, 4
    Total, 19,106
31st. Granville. John W. Ragland, 2,453
31st. Granville. James J. Moore, 2,436
31st. Granville. Cuffey Mayo, 2,425
31st. Granville. Robert W. Lassiter, 231
31st. Granville. Robert A. Jenkins, 178
31st. Granville. Elijah Winston, 97
31st. Granville. John Peed, 229
31st. Granville. Hatchwell Freeman, 268
31st. Granville. Calvin Betts, 58
31st. Granville. Robert B. Gilliam, 50
31st. Granville. J. J. Lansdell, 58
31st. Granville. Scattering, 357
    Total, 8,840

Page 106

ELECT. DIST. COUNTY. CANDIDATES. VOTES POLLED
32d. Warren. John Hyman, 2,047
32d. Warren. John Read, 1,919
32d. Warren. Peter R. Davis, 572
32d. Warren. Daniel R. Goodloe, 54
32d. Warren. Scattering, 45
    Total, 4,637
33d. Franklin. James Thomas Harris, 1,246
33d. Franklin. John Edward Thomas, 769
33d. Franklin. William R. Davis, 811
33d. Franklin. John H. Williamson, 1,372
33d. Franklin. Scattering, 1
    Total, 4,199
34th. Cumberland. W. A. Mann, 1,607
34th. Cumberland. James H. Hood, 1,581
34th. Cumberland. Joseph A. McArthur, 846
34th. Cumberland. Alfred A. McKetham, 842
34th. Cumberland. Scattering, 20
34th. Cumberland. Informal, 50
    Total, 4,946
35th. Harnett. James M. Turner, 729
35th. Harnett. Benj. C. Williams. 308
    Total, 1,037
36th. Moore. Swain S. McDonald, 632
36th. Moore. Charles C. Crimmon, 141
36th. Moore. John Ritter, 210
36th. Moore. John A. Barrett, 60
36th. Moore. Adam Barrett, 126
    Total, 1,168

Page 107

ELECT. DIST. COUNTY. CANDIDATES. VOTES POLLED
37th. Montgomery. George A. Graham, 479
37th. Montgomery. Wilburn Lassiter, 267
37th. Montgomery. Scattering and informal, 6
    Total, 752
38th. Richmond. Richmond T. Long, Sr., 1,244
38th. Richmond. Peter McRae, 189
38th. Richmond. Scattering, 3
    Total, 1,436
39th. Wayne. Hiram L. Grant, 1,301
39th. Wayne. Jesse Hollowell, 1,301
39th. Wayne. H. J. Finlayson, 834
39th. Wayne. E. A. Wright, 818
39th. Wayne. Scattering, 2
    Total, 4,256
40th. Johnston. Dr. James Hay, 1,087
40th. Johnston. Nathan Gulley, 1,079
40th. Johnston. Charles E. Preston, 821
40th. Johnston. Lee R. Waddell, 830
40th. Johnston. Scattering, 2
    Total, 3,819
41st. Greene. John M. Patrick, 739
41st. Greene. James B. Faircloth, 346
41st. Greene. Scattering, 2
    Total, 1,087
42d. Wilson. Willie Daniel, 668
    J. W. Davis, 574
    Joseph E. Tatton, 195
    Scattering, 4
    Total, 1,441

Page 108

ELECT. DIST. COUNTY. CANDIDATES. VOTES POLLED
43d. Nash. Jacob Ing, 708
43d. Nash. David W. Williams, 455
    Total, 1,163
44th. Halifax. John W. Renfrow, 2,546
44th. Halifax. Henry Eppes, 2,571
44th. Halifax. J. J. Hayes, 2,538
44th. Halifax. Arthur McDaniel, 737
44th. Halifax. Wm. D. Faucett, 744
44th. Halifax. Silvester Wilson, 704
44th. Halifax. Scattering and informal, 35
    Total, 9,875
45th. Northampton. Roswell C. Parker, 1,476
45th. Northampton. Henry T. Grant, 1,470
45th. Northampton. John C. Jacobs, 602
45th. Northampton. Thos. W. Mason, 425
45th. Northampton. Benj. Franklin, 186
45th. Northampton. John T. Wheeler, 96
45th. Northampton. Scattering, 32
    Total, 4,287
46th. Edgecombe. Joseph H. Baker, 1,665
46th. Edgecombe. Henry A. Dowd, 1,663
46th. Edgecombe. Henry C. Cherry, 1,556
46th. Edgecombe. Turner W. Battle, 154
46th. Edgecombe. Nathan M. Laurance, 139
46th. Edgecombe. Isaac F. Batts, 148
46th. Edgecombe. Richmond Stattier, 232
46th. Edgecombe. D. Battle, 294
46th. Edgecombe. Scattering, 114
    Total, 5,965
47th. Lenoir. Richard W. King, 1,101
47th. Lenoir. Henry F. Grangier, 363
47th. Lenoir. Scattering, 16
    Total, 1,480

Page 109

ELECT. DIST. COUNTY. CANDIDATES. VOTES POLLED
48th. Brunswick. Edwin Legg, 697
48th. Brunswick. Walter G. Cushs, 382
48th. Brunswick. Westley Hodge, 92
48th. Brunswick. Scattering. 1
    Total, 1,172
49th. Columbus. Hayes Lennon, 584
49th. Columbus. M. Powell, 468
49th. Columbus. H. Lennon, 24
49th. Columbus. Scattering, 4
    Total, 1,080
50th. Robeson. O. S. Hayes, 1,568
50th. Robeson. Joshua L. Nance, 1,569
50th. Robeson. W. S. Chaffin, 1,050
50th. Robeson. John Leach, 1,035
50th. Robeson. Blank, 1
    Total, 5,223
51st. Bladen. Abial W. Fisher, 1,112
51st. Bladen. Frederick F. French, 1,112
51st. Bladen. Bertram Robeson, 575
51st. Bladen. R. Franklin Lewis, 575
    Total, 3,374
52d. New Hanover. Gen. Jos. C. Abbott, 2,926
52d. New Hanover. Samuel S. Ashley, 2,920
52d. New Hanover. Abraham H. Galloway, 2,913
52d. New Hanover. Oscar G. Parsley, 1,094
52d. New Hanover. William E. Freeman, 1,093
52d. New Hanover. Solomon S. Satchwell, 1,085
52d. New Hanover. Scattering. 7
    Total, 12,038

Page 110

ELECT. DIST. COUNTY. CANDIDATES. VOTES POLLED
53d. Duplin. John Alexander Bryan, 971
53d. Duplin. James Warren Blount, 964
53d. Duplin. John W. Peterson, 1,015
53d. Duplin. Samuel High Smith, 997
53d. Duplin. Scattering, 7
    Total, 3,954
54th. Sampson. J. D. Pearsall, 853
54th. Sampson. Alexander Williams, 873
54th. Sampson. Lorenzo Dow Hall, 357
54th. Sampson. Sylvester Carter, 884
54th. Sampson. Randal Hall, 114
54th. Sampson. L. D. Hall, 289
54th. Sampson. Lorenzo D. Hall, 60
54th. Sampson. Ransom Hall, 149
54th. Sampson. Scattering and informal, 54
    Total, 3,633
55th. Tyrrell and Washington. E. W. Jones, 774
55th. Tyrrell and Washington. W. W. Walker, 556
55th. Tyrrell and Washington. Scattering, 39
    Total, 1,369
56th. Martin. Samuel W. Watts, 787
56th. Martin. James E. Moore, 570
56th. Martin. Scattering, 13
    Total, 1,370
57th. Bertie. Bryant Lee, 945
57th. Bertie. Parker D. Robbins, 939
57th. Bertie. Scattering, 63
57th. Bertie. Joseph Beasley, 152
57th. Bertie. Ned Outlaw, 56
    Total, 2,155

Page 111

ELECT. DIST. COUNTY. CANDIDATES. VOTES POLLED
58th. Hertford. Jackson Boon Hall, 515
58th. Hertford. Lemuel H. Boon, 507
58th. Hertford. Charles H. Foster, 174
    Total, 1,196
59th. Gates. Thomas L. Hoffler, 440
59th. Gates. John Brady, 342
59th. Gates. Scattering, 12
    Total, 794
60th. Chowan. John R. French, 632
60th. Chowan. Daniel E. Ethridge, 472
60th. Chowan. Scattering, 1
    Total, 1,105
61st. Perquimans. Dr. Wm. Nicholson, 851
61st. Perquimans. Scattering, 2
    Total, 853
62d. Pasquotank and Camden. Mach. A. Taylor, 1,258
62d. Pasquotank and Camden. Chas. C. Pool, 1,273
62d. Pasquotank and Camden. Geo. W. Brooks, 609
62d. Pasquotank and Camden. Wm. J. Manisett, 547
    Total, 3,687
63d. Currituck. Thomas Sanderlin, 445
63d. Currituck. Joseph W. Etheridge, 412
63d. Currituck. Scattering, 51
    Total, 908

Page 112

ELECT. DIST. COUNTY. CANDIDATES. VOTES POLLED
64th. Craven. David Heaton, 3,221
64th. Craven. Wm. H. S. Sweet, 3,217
64th. Craven. Clinton D. Pierson, 3,191
64th. Craven. Frederick Miller. 520
64th. Craven. John McCotter, 517
64th. Craven. McAlister Roughton, 481
64th. Craven. Scattering, 89
    Total, 11,236
65th. Onslow. Franklin Thompson, 224
65th. Onslow. Jasper Etheridge, 326
65th. Onslow. David W. Scott, 188
    Total, 738
66th. Carteret. Abraham Congleton, 809
66th. Carteret. L. W. Martin, 650
66th. Carteret. Scattering, 2
    Total, 1,461
67th. Jones. David D. Colgrove, 530
67th. Jones. James T. Dillihunt, 305
    Total, 835
68th. Beaufort. Wm. B. Rodman, 853
68th. Beaufort. Wm. Stilley, 845
68th. Beaufort. Jas. B. Stickney, 630
68th. Beaufort. John C. Gorham, 634
68th. Beaufort. Scattering, 21
    Total, 2,983
69th. Pitt. Byron Laflin, 1,429
69th. Pitt. Davis J. Rich, 1,428
69th. Pitt. Lomis Hilliard, 1,044
69th. Pitt. Wm. M. B. Brown, 1,034
    Total, 4,935

Page 113

ELECT. DIST. COUNTY. CANDIDATES. VOTES POLLED
70th. Hyde, Andrew J. Glover, 563
70th. Hyde, Banister Midgett, 429
70th. Hyde, Scattering, 9
    Total, 1,001

BUREAU OF CIVIL AFFAIRS.

CITADEL, CHARLESTON, S. C., January 28, 1868.

        The foregoing is a correct statement of votes cast for Delegates to Convention in the Election Districts of North-Caroliea at the election held on the 19th and 20th days of November, 1867, as returned by the Superintendent of Election.

A. J. WILLARD.
In charge of Bureau Civil Affairs.

Page 114

HEADQUARTERS SECOND MILITARY DISTRICT,

CHARLESTON, S. C., January 28th, 1868.

        SIR:--I have the honor to transmit, in accordance with a resolution of the Constitutional Convention of North-Carolina, a copy of the recapitulation of the Canvass Returns for the State of North-Carolina for the election held on the 19th and 20th of November, 1867, and a statement exhibiting the number of votes cast for each of the candidates for delegates to the Convention.

Very respectfully your obedient servant,

ED. R. S. CANBY,
Brevt. Maj. Gen. Commanding.

President Constitutional Convention of North-Carolina,
Raleigh, N. C.

RECAPITULATION OF CANVASS RETURNS FOR THE STATE OF NORTH-CAROLINA.

        
Election Dist. COUNTIES. RECAPITULATION FROM BOOKS. Aggregate from
Poll Lists.		 No. Tickets
Polled.		 No of Tickets
For a Conven'n.		 No. of Tickets
Against Conven		 Informal
Tick'ts
Whites. Blacks. Totals.
1 Burke and McDowell, 1,885 692 2,577 1,761 1,766 1,397 369  
2 Rutherford and Polk, 2,045 572 2,617 1,584 1,539 1,444 95  
3 Yancey and Mitchell, 1,520 90 1,610   923 833 90  

Page 115

Election Dist. COUNTIES. RECAPITULATION FROM BOOKS. Aggregate from
Poll Lists.		 No. Tickets
Polled.		 No of Tickets
For a Conven'n.		 No. of Tickets
Against Conven		 Informal
Tick'ts
Whites. Blacks. Totals.
4 Madison, Buncombe, Henderson and Transylvania, 3,934 740 4,674 2,950 3,014 2,340 674  
5 Haywood and Jackson, 1,604 143 1,747   1,168 669 499  
6 Macon, Clay and Cherokee, 2,164 101 2,265 1,298 1,228 973 255  
7 Alleghany, Ashe, Surry, Watauga and Yadkin, 5,451 692 6,143 3,512 3,505 2,735 770  
8 Caldwell, Wilkes, Iredell and Alexander 5,840 1,367 7,207 4,504 4,680 3,718 962  
9 Davie and Rowan, 2,862 1,550 4,412 3,058 3,054 2,606 448  
10 Cleveland, 1,454 374 1,828 1,292 1,292 900 392  
11 Catawba, 1,352 318 1,670 1,084 1,111 780 331  
12 Lincoln, 897 417 1,314 960 960 677 283  
13 Gaston, 1,053 442 1,495 890 906 822 84  
14 Mecklenburg, 1,928 1,659 3,587 2,462 2,432 1,985 447  
15 Union, 1,309 424 1,739 1,238 1,233 1,059 174  
16 Cabarrus, 1,175 746 1,921 1,308 1,322 1,042 280  
17 Stanley, 1,330 282 1,612 728 728 639 89  
18 Anson, 1,091 1,076 2,167 1,785 1,786 1,182 604  
19 Stokes, 1,280 390 1,670 645 620 547 73  
20 Forsyth, 1,341 449 1,790 1,090 1,082 1,055 27  
21 Davidson. 2,278 678 2,956 1,311 1,314 1,186 128  
22 Randolph, 2,232 457 2,686 1,449 1,431 1,364 67  
23 Guilford, 2,690 1,489 4,179 2,415 2,404 1,766 638  
24 Rockingham, 1,405 1,349 2,754 1,440 1,448 1,074 374  
25 Caswell, 1,361 1,703 3,064 1,964 1,981 1,485 499  
26 Alamance, 1,348 785 2,133 1,453 1,444 872 572  
27 Person, 1,007 882 1,889 1,513 1,488 742 647  

Page 116

Election Dist. COUNTIES. RECAPITULATION FROM BOOKS. Aggregate from
Poll Lists.		 No. Tickets
Polled.		 No of Tickets
For a Conven'n.		 No. of Tickets
Against Conven		 Informal
Tick'ts
Whites. Blacks. Totals.
28 Orange, 2,004 1,291 3,295 2,612 2,605 1,209 1,396  
29 Chatham, 2,206 1,179 3,385 2,547 2,446 2,116 330  
30 Wake, 2,019 2,907 5,926 4,935 4,916 4,135 781  
31 Granville, 2,020 2,502 4,522 3,224 3,218 2,511 701  
32 Warren, 856 2,284 3,140 2,612 2,634 2,061 573  
33 Franklin, 1,121 1,487 2,608 2,241 2,327 1,460 867  
34 Cumberland, 1,579 1,546 3,125 2,510 2,485 1,662 798 25
35 Harnett, 857 511 1,368 1,055 1,037 744 292  
36 Moore, 1,366 459 1,825 1,166 1,161 975 186  
37 Montgomery, 894 321 1,215 762 758 752 6  
38 Richmond, 995 1,084 2,079 1,437 1,436 1,251 185  
39 Wayne, 1,506 1,229 2,735 2,100 2,045 1,317 828  
40 Johnston, 1,732 914 2,646 1,931 1,939 1,329 610  

Page 117

Election Dist. COUNTIES. RECAPITULATION FROM BOOKS. Aggregate from
Poll Lists.		 No. Tickets
Polled.		 No of Tickets
For a Conven'n.		 No. of Tickets
Against Conven		 Informal
Tick'ts
Whites. Blacks. Totals.
41 Greene, 703 706 1,409 1,088 1,683 741 342  
42 Wilson, 1,033 903 1,936 1,463 1,456 885 571  
43 Nash, 1,071 873 1,944 1,265 1,258 860 398  
44 Halifax, 1,095 3,140 4,235 3,329 3,305 2,533 746 26
45 Northampton, 1,311 1,660 2,971 2,198 2,197 1,647 538 12
46 Edgecombe, 1,246 2,622 3,868   2,908 2,324 584  
47 Lenoir, 922 1,078 2,000 1,465 1,483 1,134 349  
48 Brunswick, 740 728 1,468 1,174 1,171 825 346  
49 Columbus, 860 518 1,378 1,082 1,082 577 505  
50 Robeson, 1,584 1,451 3,035 2,631 2,632 1,868 764  
51 Bladen, 1,085 1,146 2,231 1,684 1,685 1,152 533  
52 New Hanover, 1,935 3,224 5,159 3,986 4,019 2,928 1,091  
53 Duplin, 1,445 1,181 2,626 1,972 1,992 1,055 937  
54 Sampson, 1,501 960 2,461 1,871 1,914 1,129 785  
55 Tyrrell and Washington, 1,280 790 2,070 1,374 1,376 1,028 348  
56 Martin, 971 799 1,770 1,361 1,332 872 500  
57 Bertie, 959 1,264 2,223 1,215 1,403 1,219 184  
58 Hertford, 712 775 1,487 1,206 1,209 706 503  
59 Gates, 723 469 1,192 800 793 542 251  
60 Chowan, 607 667 1,274 1,105 1,100 823 277  
61 Perquimans, 705 693 1,398 873 898 808 90  
62 Pasquotank and Camden, 1,409 1,511 2,920 1,894 1,883 1,331 552  
63 Currituck, 919 381 1,300 950 948 456 492  
64 Craven, 1,595 3,183 4,778 3,825 3,817 3,232 585  
65 Onslow, 816 402 1,218 740 739 440 299  
66 Carteret, 1,195 749 1,944 1,461 1,465 873 592  

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Election Dist. COUNTIES. RECAPITULATION FROM BOOKS. Aggregate from
Poll Lists.		 No. Tickets
Polled.		 No of Tickets
For a Conven'n.		 No. of Tickets
Against Conven		 Informal
Tick'ts
Whites. Blacks. Totals.
67 Jones, 483 539 1,022 843 843 645 303  
68 Beaufort, 1,499 925 2,424 1,557 1,553 928 625  
69 Pitt, 1,450 1,449 2,899 2,459 2,480 1,545 935  
70 Hyde, 876 565 1,441 1,000 1,000 590 410  
    106,721 72,932 179,653   126,030 93,006 32,961 63

BUREAU OF CIVIL AFFAIRS,

CITADEL, CHARLESTON, S. C., December 26, 1868.

        The foregoing is a correct statement from the Returns of the election held on the 19th and 20th days of November last, in and for the State of North-Carolina, made to these Headquarters by the canvassers, and from the returns made by the Boards of Registration for the several registration precincts of said State, it appears thereby that a majority of the votes given at said election were "FOR A CONVENTION;" and, also, that at such election a majority of all the registered voters of said State voted on the question of holding said Convention.

A. J. WILLARD,
Chief of Bureau of Civil Affairs.


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        Mr. Laflin asked and obtained leave of absence for Mr. Grant of Wayne until Monday next.

        Leave of absence was also granted Mr. Hollowell, also Mr. Ashley, until Monday next.

        Leave of absence was also granted Messrs. Tourgee and Welker from 2 o'clock until Monday next.

        Mr. Rodman presented a memorial from the citizens of Hyde County, respecting the drainage of Mattamuskeet Lake.

        Referred to the Committee on Internal Improvements.

        The majority and minority reports of the Committee on Legislation, were presented and ordered to be printed.

        The Committee on the Judicial Department, to whom was referred the petition for divorce of Dewitt C. Wilson and Nancy C. Wilson, reported that if the Convention determines to legislate on private matters, they recommend a favorable consideration of the case.

WM. B. RODMAN, Chairman.


        On motion the report was indefinitely postponed.

        The report of the Committee on Judicial Department on a resolution introduced by Mr. Tourgee, respecting costs in criminal cases, reported through their Chairman, Mr. Rodman.

        On motion the report was laid over.

        Mr. Peterson introduced an ordinance making it the duty of the General Assembly to provide a Land Agency in each County of this State.

        Referred to the Committee on Relief.

        Mr. Renfrow introduced an ordinance for the protection of labor.

        Referred to the Committee on the Judicial Department.

        Mr. Congleton introduced a resolution asking for a loan of ten millions of dollars for agricultural purposes.

        Made a special order for Tuesday.

        Mr. Ragland offered the following resolution:

        Resolved That the Committee appointed to confer with General Canby, be directed to inquire whether notes and bonds given since May 1st, 1865, in renewal of debts contracted

Page 120

prior to that date are subject to the power of General Order, 164.

        On motion the rules were suspended and the resolution adopted.

        Mr. Williamson introduced a resolution asking a loan from Congress.

        Referred to the Committee on Finance.

        The Relief Bill, No. 7, being a special order for this day, was taken up.

        Mr. Welker offered an amendment.

        Mr. Jones, of Washington, offered a substitute.

        Mr. Graham, of Orange, also offered a substitute.

        After considerable discussion,

        On motion of Mr. Harris, of Wake, the whole subject was postponed until Saturday next.

        On motion of Mr. Abbott, the report of the Committee on Internal Improvements, was postponed until Monday at 12 o'clock, and made special order at that time.

        On motion the house adjourned.

MONDAY, FEBRUARY 3D, 1868.

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

        Prayer by the Rev. Dr. Atkinson.

        The President announced a quorum.

        The Journal of Saturday was read and approved.

        A communication was received from the Young Men's Christian Association, asking the use of the Hall for the evening.

        On motion of Mr. Watts, the request was granted.

        Mr. Harris, of Wake, presented a petition for the divorce of Ann Underdue.

        Laid over.

        Mr. McCubbins presented a memorial from the citizens of Rowan County, regarding the usury law.

        Referred to the Committe on the Judicial Department.

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        Mr. Ragland introduced a resolution giving certain instructions to the Committee on Judicial Department.

        Referred to the Committee on Judicial Department.

        Mr. Duckworth introduced an ordinance for the relief of the Sheriff of Henderson County.

        Lies over under the rules.

        Mr. Morton introduced the following resolution:

        Resolved, That from and after to-day, Monday, February 3d, the Convention shall assemble at 10 o'clock, A. M., and adjourn at 2, P. M.

        On motion, the rules were suspended.

        Mr. Heaton moved to amend by striking out all after 10 o'clock, A. M.

        The resolution, as amended, was adopted.

        Mr. Glover introduced a resolution instructing the Committee on Legislature to enquire into the propriety of aboling the Bastardy law of the State.

        Referred to the Committee on Legislature.

        Mr. Petree introduced a resolution providing for a Committee of three to petition Congress for the reduction of the Revenue Tax on Tobacco.

        Lies over under the rules.

UNFINISHED BUSINESS.

        The following resolution of Mr. Harris, of Wake, was called up, and,

        On motion, was adopted:

        Resolved, That the President of this Convention appoint a Committee of eight, one from each Judicial District, to take into consideration the Congressional Districts, and report by ordinance or otherwise.

        The ordinance of Mr. Glover to revive debts, was taken up, and,

        On motion, was indefinitely postponed.

        The ordinance presented by Mr. Duckworth, in regard to admission to the Bar, was taken up, and,

        Referred to the Committee on the Judicial Department.

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        The ordinance of Mr. French, of Bladen, in relation to taxes, was, with unanimous consent, withdrawn.

        Mr. Candler introduced an ordinance repealing the granting of a general amnesty and pardon to soldiers, &c.

        On motion, it was made a Special Order for Monday at 12 o'clock.

        The vote to make the report of the Committee on Relief a Special Order for Saturday, was reconsidered, and,

        On motion, the report was made a Special Order for Tuesday, at 12 o'clock.

        Mr. Watts moved to reconsider the vote, on the report of the Committee on the Judicial Department in relation to a petition of divorce of Dewitt Wilson and his wife.

        The motion was not sustained.

        The hour of 12 having arrived,

        The following report of the Committee on Internal Improvements was taken up.

        The Committee on Internal Improvements, to whom was referred the ordinance in relation to the Wilmington, Charlotte and Rutherford Rail Road, have instructed me to report the ordinance with an amendment.

W. G. B. GARRETT, Chairman.

AN ORDINANCE REDUCING THE AMOUNT OF
BONDS AUTHORIZED TO BE ISSUED BY THE
WILMINGTON, CHARLOTTE AND RUTHERFORD
RAIL ROAD COMPANY.

        WHEREAS, By an act of the General Assembly of the State of North-Carolina, ratified the 27th day of December, 1866, the Wilmington, Charlotte and Rutherford Rail Road Company was authorized to place upon its roadway, property and franchise, a first mortgage, to secure an issue of bonds, not to exceed in amount four millions dollars, which mortgage has been duly executed and recorded according to the provisions of said act; and whereas, the State holds a second mortgage upon the road for two millions of dollars, to protect which interest it is manifestly essential that the bonds to be issued under said

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first mortgage shauld be reduced in amount, and their value enhanced by the endorsement of the State, so that the Company may be enabled to complete its road; therefore,

        SECTION 1. Be it ordained by the people of North-Carolina in Convention assembled, and it is hereby ordained by the authority of the same, That the President of this Convention, or the Governor, or the Public Treasurer of the State, or either of them, be, and they are hereby authorized and directed, in behalf of the State to endorse the bonds authorized as aforesaid to the amount of one million dollars, which endorsement shall be in the words and figures following, to wit: The principal and interest of this bond is guaranteed by the State of North-Carolina, by an ordinance of the Constitutional Convention, ratified the 3d day of February, 1868. Provided, that the amount of Bonds, issued by authority of the said act of the General Assembly, shall not exceed in the aggregate two millions five hundred thousand dollars, shall be delivered to the President of this Convention, or to the Governor, or to the State Treasurer, and by him or them cancelled and destroyed.

        SEC. 2. Be it further ordained, That this ordinance shall take effect from and after its ratification.

        Mr. Laflin offered to amend by adding the following to Section 1st:

        "Or that said one million five hundred thousand dollars of bonds shall be cancelled and destroyed by the Trustees of said first mortgage, and a certificate shall be printed upon each of the remaining bonds certifying that two millions five hundred thousand dollars of bonds are all that are issued or are authorized to be issued under the deed of trust or mortgage, delivered to them, and that the additional one million five hundred thousand dollars of bonds have been cancelled and destroyed, and that said certificate shall be signed by each of the Trustees."

        Mr. Tourgee offered the following amendment to be added to the above amendment:

        Provided further, That five hundred thousand dollars of the remaining two millions five hundred thousand dollars of

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bonds, be deposited with the Treasurer of the State, as collateral security of the State for the above named endorsement, and if the said Wilmington, Charlotte and Rutherford Rail Road Company shall fail to pay either interest or principal of said endorsed bonds, so that the State shall become liable for the same, by reason of said endorsement, and shall pay the same, then the State shall become the owner of said five hundred thousand dollars of Bonds; but if the said Rail Road Company shall pay both interest and principal of said endorsed bonds, so that the State shall not become liable for the same by reason of its endorsement, to the said five hundred thousand dollars of bonds, shall be the property of said Rail Road Company."


        The amendments were accepted.

        The ordinance with the amendments was put upon its passage, and was adopted by the following vote:

        The yeas and nays being demanded, resulted yeas 58, and nays 48.

        Those who voted in the affirmative are:

        Messrs. Abbott, Andrews, Aydlott, Baker, Blume, Bradley, Carey, Carter, Cherry Chillson, Daniel, Dickey, Dowd, Durham, Ellis, Eppes, Etheridge, Fisher, Forkner, French of Bladen, French of Chowan, Fullings, Galloway, Graham of Orange, Gunter, Harris of Wake, Hayes of Robeson, Highsmith, Hollowell, Holt, Hood, King of Lincoln, Laflin, Lee, Legg, Lennon, Logan, Long, May, Mayo, Marshall, McCubbins, Merritt, McDonald of Chatham, McDonald of Moore, Murphy, Nance, Newsom, Patrick, Petree, Ragland, Rich, Rodman, Stillwell Tourgee, Tucker, Watts, and Williamson--58.

        Those who voted in the negative are:

        Messrs. Barnes, Bryan, Candler Congleton, Duckworth, Franklin, Gahagan, Garland, George, Glover, Graham of Montgomery, Grant of Northampton, Gully, Hare, Hay, Hayes of Halifax, Heaton, Hobbs, Hodnett, Hoffler, Hyman, Ing, Jones of Caldwell, Jones of Washington, Kinney, Morton, Mullican, Nicholson, Parker, Parks, Peterson, Pierson, Pool, Ray, Read, Renfrow, Rhodes, Rose, Sanderlin, Smith,

Page 125

Stilly, Sweet, Taylor, Teague, Trogden, Turner, Welker and Williams of Wake--48.

        On motion the House adjourned.

TUESDAY, FEBRUARY 4TH, 1868.

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

        Prayer by the Rev. Dr. Hudson.

        The President announced a quorum.

        The Journal of Monday was read and approved.

        The following communication from General Canby to the Committee appointed to consult with him on matters of public interest, was read:

HEADQUARTERS SECOND MILITARY DISTRICT,

CHARLESTON, S. C., January 31st, 1868.

MESSRS. ABBOTT AND RAGLAND, Committee,
Chamber Constitutional Convention:

        GENTLEMEN:--I have the honor to acknowledge receipt of your communication of the 28th, and of the enclosed papers from the Treasurer of the State of North-Carolina, and to state in reply that the 8th section of the law of March 3d, 1867, suplementary to the law of March 2d, 1867, to provide for the more efficient government of the Rebel States, directs that the Convention for each State shall prescribe the fees, salary, and compensation to be paid to all the delegates and other officers and agents herein authorized or necessary to carry into effect the provisions of this act, not herein otherwise provided for; and shall provide for the levy and collection of such taxes on the property of such State, as may be necessary to pay the same, and that so soon as I am advised that the Convention has provided for the levy and collection of the taxes necessary to defray its expenses, and has directed the same when collected to be paid into the State Treasury,

Page 126

I will direct the payment to be made by the Treasurer upon the warrant of the President of the Convention, the taxes collected under the ordinance of the Convention to be applied to the reimbursement of the payment made from the Treasury on account of the Convention.

Very Respectfully
Your obedient Servant,

ED. R. S. CANBY,
Brv't. Maj. General Commanding.


        On motion of Mr. Jones, of Washington, it was ordered that the Committee on Finance be directed to prepare a tax bill, in pursuance of the above communication, and report to the Convention, Thursday, A. M.

        Mr. Welker presented a memorial from the citizens of Guilford County, against the distillation of grain.

        Lies over under the rules.

        The Committee on the Judicial Department reported as follows:

        On a petition of the citizens of Rowan County, respecting usury laws recommend no action.

        The report was adopted.

        Also on a resolution in relation to admission "to the Bar," the committee recommend that it pass.

        The report was accepted and the resolution as follows was read and put upon its passage:

        Resolved, That any person who shall produce a certificate of admission to the bar of any State, and satisfactory evidence of good moral character, before the Supreme Court of the State, shall be admitted to the practice of law in the several courts of this State upon payment of the fees prescribed by law; and this resolution shall be in force from and after the date of its passage.

        Mr. Durham demanded the yeas and nays.

        The demand was sustained.

        The resolution was adopted by the following vote:

        Those who voted in the affirmative are:

        Messrs. Abbott, Andrews, Aydlott, Barnes, Blume, Bryan,

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Carey, Cherry, Chillson, Congleton, Cox, Daniel, Dickey, Duckworth, Eppes, Fisher, Franklin, French of Bladen, French of Rockingham, Fullings, Galloway, Garland, Glover, Graham of Montgomery, Grant of Wayne, Gully, Gunter, Harris of Franklin, Hay, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hoffler, Hollowell, Hood, Hyman, Ing, Jones of Washington, King of Lincoln, King of Lenoir, Kinney, Laflin, Lee, Logan, Mann, May, Mayo, McDonald of Chatham, McDonald of Moore, Moore, Morton, Mullican, Murphy, Nance, Patrick, Parks, Petree, Peterson, Ragland, Ray, Read, Renfrow, Rhodes, Rich, Rodmon, Rose, Stilwell, Taylor, Tourgee, Tucker, Turner, Watts, Welker, Williams of Wake, and Williamson--77.

        Those who voted in the negative are:

        Messrs. Candler, Durham, Ellis, Etheridge, Forkner, George, Graham of Orange, Grant of Northampton, Hall, Hare, Hodnett, Holt, Jones of Caldwell, Marshall, McCubbins, Merritt, Nicholson, Parker, Pool, and Sanderlin--20.

        The Committee on the Judicial Department also report as follows:

        The Committee on the Judicial Department, to whom was referred a proposed ordinance for the protection of labor, respectfully report, that in their opinion, the following should be a part of the Constitution under the head of miscellaneous affairs:

        The General Assembly shall provide, by law, that mechanics and laborers shall have a lien on the subject matter of their labor.

WM. B. RODMAN, Chairman.


        The report was accepted.

        The Committee on the judicial Department to whom was referred the petition of Martha A. Hopkins, wife of William T. Hopkins, to be divorced from her husband, respectfully report the following ordinance and request its passage:

        Be it ordained by the people of North-Carolina in Convention assembled, That the bonds of matrimony between William T. Hopkins and Martha A., his wife, now of Granville

Page 128

County, are hereby dissolved and each party is at liberty to marry again.

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

        The yeas and nays were demanded and the ordinance was laid on the table by the following vote.

        Those who voted in the affirmative are:

        Messrs. Abbott, Aydlott, Barnes, Bradly, Bryan, Carey, Candler, Chillson, Dickey, Duckworth, Durham, Forkner, French of Bladen, Fullings, Gahagan, Garland, George, Grant of Wayne, Hall, Hay, Heaton, Hobbs, Hodnett, Hollowell, Holt, Ing, Jones of Caldwell, King of Lincoln, King of Lenoir, Kinney, Lee, Lennon, Logan, May, Mayo, Marshall, McDonald of Moore, Newsom, Petree, Pool, Ray, Renfrow, Rhodes, Rose, Stilwell, Sweet, Teague, Tourgee, Trogden, and Tucker--51.

        Those who voted in the negative are:

        Messrs. Andrews, Baker, Blume, Congleton, Cox, Daniel, Dowd, Eppes, Etheridge, Franklin, French of Rockingham, Galloway, Glover, Graham of Montgomery, Graham of Orange, Gunter, Hare, Harris of Wake, Harris of Franklin, Hayes of Robeson, Hayes of Halifax, Highsmith, Hood, Hyman, Jones of Washington, Long, McCubbins, Merritt, McDonald, of Chatham, Moore, Morton, Nance, Nicholson, Patrick, Parker, Parks, Peterson, Pierson, Ragland, Read, Rich, Rodman, Sanderlin, Taylor, Turner, Watts, Welker, Williams of Wake, and Williamson--49.

        Mr. Forkner moved to reconsider the vote taken Monday on the ordinance in relation to the Wilmington, Charlotte and Rutherford Rail Road Company.

        On motion of Mr. French, of Bladen, the motion to reconsider was laid on the table.

        The yeas and nays were demanded, and the motion to reconsider was laid on the table by the following vote:

        Those who voted in the affirmative are:

        Messrs Abbott, Andrews Aydlott, Baker, Blume, Carey, Carter, Cherry, Chillson, Daniel, Dickey, Dowd, Durham, Ellis, Eppes, Etheridge, Fisher, French of Bladen, French of

Page 129

Rockingham, Fullings, Galloway, Graham of Orange, Grant, of Wayne, Gunter, Harris of Wake, Hayes, of Robeson, Hayes of Halifax, Highsmith, Hobbs, Hoffler, Hollowell, Holt, Hood, Hyman, Ing, Jones of Caldwell, King of Lincoln, Kinney, Laflin, Lee, Legg, Lennon, Logan Long, Mann, Marshall, McCubbins, Merritt, McDonald of Chatham, McDonald of Moore, Mullican, Murphy, Nance, Newsom, Patrick, Parks, Ragland, Ray, Rhodes, Rich, Rose, Stilwell, Tucker, Watts and Williamson--65.

        Those who voted in the negative are:

        Messrs. Barnes, Bradley, Bryan, Candler, Congleton, Cox, Duckworth, Forkner, Gahagan, Garland, George, Glover, Graham of Montgomery, Grant of Northampton, Gully, Hare, Heaton, Hodnett, Jones of Washington, King of Lenoir, Mayo, Moore, Nicholson, Parker, Peterson, Pierson, Pool, Read, Renfrow, Rodman, Sanderlin, Sweet, Taylor, Teague, Tourgee, Trogden, Turner, Welker and Williams of Wake--39.

        The following Committee was announced by the President, to report the names of persons to be recommended to Congress for relief from disabilities:

  • 1st Judicial District, Nicholson,
  • 2d Judicial District, R. W. King,
  • 3d Judicial District, Hay,
  • 4th Judicial District, Tourgee,
  • 5th Judicial District, Hood,
  • 6th Judicial District, C. C. Jones,
  • 8th Judicial District, Gahagan.

UNFINISHED BUSINESS.

        The resolution of C. C. Jones, in relation to an ordinance increasing the expenses of the Convention, was taken up, and

        On motion of Mr. Abbott, was referred to the Committee on Rules.

        The following ordinance of Mr. Welker on distillation of grain, was taken up:

Page 130

AN ORDINANCE ON DISTILLATION OF GRAIN.

        WHEREAS, In consequence of the rapid reduction of the small crop of corn in this State, the prices of food have already greatly advanced, and money being unusually scarce, great destitution already exists and starvation must inevitably follow speedily: Therefore, In order that all the grain still on hand may be reserved for bread, and famine at least in a degree averted,

        Be it ordained by the people of North-Carolina, in Convention assembled, That from the first day of February, 1868, until the first day of June, 1868, it shall not be lawful for any person or persons to distill corn or any other grain into intoxicating liquors.

        Be it further ordained, That any person or persons who shall be guilty of a violation of this ordinance, on being convicted before a competent court, shall pay a fine of $50 for the first offence, $100 for the second offence, and for the third offence his distillery shall be closed by the Sheriff, and the offender or offenders shall be punished with imprisonment in the County jail for not more than three nor less than one month, at the discretion of the court. In this ordinance, each day in which the distillery is in operation shall be counted a separate offence.

        Be it further ordai d, That all fines recovered under this ordinance, after the lawful costs are deducted, shall be paid into the Treasury of the County in which the conviction takes place, for the benefit of the poor supported by said County.

        Mr. Colgrove offered an amendment which was adopted, and

        On motion the vote was reconsidered.

        Mr. Tourgee offered an amendment.

        On motion of Mr. Graham, of Orange, the entire matter was referred to the Committee of three to consult with General Canby.

        Mr. Abbott introduced the following resolution:

        Resolved, That the Secretary be directed to prepare a list of the members of this Convention, which shall show the

Page 131

number of miles travelled by each, and the amount of mileage due.

        On motion the Rules were suspended and the resolution was adopted.

        12 oclock having arrived the report of the Committee on Relief, being made a special order for that hour, was taken up and discussed until 3 oclock and fifteen minutes,

        When upon motion the house adjourned.


WEDNESDAY FEBRUARY 5TH, 1868.

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

        Prayer by the Rev. Mr. May.

        The President announced a quorum.

        The Journal of Tuesday was read and approved.

        Mr. Patrick presented a petition of divorce.

        Referred to the Committee on the Judicial department.

        The House granted leave of absence to Mr. Benbow.

        Mr. E. W. Jones, Chairman, of the Committee on corporations, reported as follows:

        The Committee on Corporations, to whom was referred the resolution of Mr. Tourgee,

        "That no Bank of Issue shall hereafter be established under the authority of this State,"

        Ask leave to report that they have had the same under consideration, and inasmuch as they have prepared a clause to be inserted in the Constitution, which will come up in due time for consideration, ask to be discharged from the further consideration of the same.

E. W. JONES, Chairman.


        On motion the report was adopted.

        The Committee on Corporations, to whom was referred the resolution of Mr. S. S. Ashley, in regard to providing a lien for labor, ask leave to report that they have considered the same, and inasmuch as the subject matter is embraced in

Page 132

other Legislative and Constitutional provisions recommended to the Convention, they ask to be discharged from the further consideration of the same.

E. W. JONES, Chairman.


        On motion, the report was adopted.

        Mr. Rich introduced the following resolution:

        Resolved, That the Committee on Finance be instructed to negotiate a loan of $500,000 for contingent expenses, and be also instructed to insert in the tax bill that amount in addition to the estimated ordinary expenses of the Convention.

        On motion the rules were suspended and the resolution adopted.

        Mr. Rodman introduced a resolution for the relief of the Sheriff of Halifax County.

        Lies over under the rules.

        On motion, the report of the Committee on Legislature was recommitted to that Committee.

        On motion of Mr. Forkner, the report of General Canby of the late election, was

        Referred to the Committee on Privileges and Elections.

        On motion of Mr. C. C. Jones, the report of the Committee on Homesteads was recommitted to that Committee.

        The following report of the select Committee on Relief was taken up:

        The undersigned, a majority of the Select Committee on Relief, respectfully report the following ordinance and resolution, and recommend their passage:

AN ORDINANCE RESPECTING THE JURISDICTION
OF THE COURTS OF THIS STATE.

        SECTION 1. Be it ordained by the people af 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

Page 133

capacity, and their sureties for breach of their respective duties, by the appropriation to their own use of money or property, officially received by them, or other fraudulent acts,) or of any action or process to revive or enforce any judgment heretofore recovered on any such contract, 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 proceeding upon the same, and to return the same to the proper courts.

        SEC. 2. This ordinance shall be in force from and after its ratification by this Convention, and shall continue in force until the first day of July, 1868, or until the Constitution, which this Convention has met to adopt, shall go into effect, whichever shall first happen.

        Resolved, That a copy of the foregoing ordinance be sent to Major General Canby, Commanding, &c., and that he be respectfully requested to cause the same to be enforced.

        Mr. McDonald, one of the Committee, agrees in recommending the foregoing ordinance, with the exception of a portion of the first section.

WM. B. RODMAN, Chairman.

JOHN A. McDONALD,

JOHN READ,

G. W. BRADLEY,

J. H. DUCKWORTH.


        Mr. Graham, of Orange, offered the following substitute:

AN ORDINANCE RESPECTING THE JURISDICTION
OF THE COURTS OF THIS STATE.

        SECTION 1. Be it ordained by the people of North-Carolina, in Convention assembled, That Sections 1 and 2 of the ordinance of the Convention adopted June 23d, 1866, entitled

Page 134

"An Ordinance to change the jurisdiction of the Courts and the rules of pleading, therein," be and are hereby repealed.

        SEC. 2. Be it further ordained, That Section 3 of the above entitled Ordinance be amended to read as follows: "Sec. 3. That all actions of debt, covenant, assumpsit, and account now pending in the Superior Courts shall be continued to Spring Term, 1869; and that the several Superior Courts at the Spring Term thereof only, unless otherwise herein provided, shall have exclusive original jurisdiction of all such causes of action except where jurisdiction has been or shall be given to a Justice of the Peace by the Constitution or Laws of North-Carolina. Should the defendant at the Spring Term, 1869, on writs which shall be returned to that Term or in any suit for the above causes of action then pending in the Superior Court, pay or confess judgment to the plaintiff for one-tenth of the debt and demand (principal and interest) and all costs to that time, he shall be allowed until next Spring Term to plead. At the said Spring Term should the defendant pay to the plaintiff or confess judgment for one-fifth of the residue of the said debt or demand and cost, he shall be allowed until the succeeding Spring Term to plead. At the said Spring Term should the defendant pay to the plaintiff or confess judgment for one-half of the residue of the debt or demand, he shall be allowed until the succeeding Spring Term to plead. At the said Spring Term the plaintiff shall have judgment for the residue of his debt or demand: Provided however, That the plaintiff, if required, shall file his debt or demand in writing, and if the defendant shall make oath that the whole or any part thereof is not justly due, or that he has a counter demand, all of which shall be particularly set forth by affidavit, then the defendant shall only pay the instalment required of what he admits to be due, and the court shall order a jury at the same or some subsequent Term, to try the matters in dispute between the parties, and at the next Spring Term the defendant shall be allowed time to plead only upon paying or confessing judgment for one-fifth of the residue of the admitted amount, and whatever the jury finds him indebted over and above the

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same: Provided further, That should the defendent fail to pay or confess judgment for the first or any subsequent installment, then and in that case the plaintiff shall be entitled to proceed to judgment and execution for such installment, unless the defendent shall put in pleas, in which case the suit shall proceed according to the course of the court in 1860: Provided further, That by consent of the plaintiff the defendant at any Term of the court may confess judgment for a stipulated sum in full and final discharge of all further demand or liability upon such claim."

        SEC. 3. Be it further ordained, That section 10 of the above recited act shall be amended to read as follows: "Sec. 10. That executions on judgments in actions of debt, assumpsit, covenant or account, or decrees for money demands in Equity, which have been, or shall be issued on judgments or decrees heretofore obtained, shall be levied on the property of the defendant and returned without sale: Provided, such return shall not prejudice any lien the plaintiff may acquire or then have by virtue of said fi fa or venditioni exponas. At Spring Term 1869, execution on all such judgments or decrees shall issue for only one-tenth of the amount then due; at Spring Term 1870, for one-fifth of the residue; at Spring Term 1871 for one-half of the residue; and at Spring Term 1872 for the ballance of the debt; and no execution shall issue from the Fall Term on any such judgment or decree except by consent of the defendant. That no mortgagee or trustee, shall expose to sale the property conveyed in such mortgage or trust deed, without the consent of the grantor, before first of March, 1869. Should the mortgagor, or trustor at that time pay one-tenth of the debts mentioned, the sale shall be postponed to first of March, 1870; at that time should the mortgagor or trustor pay one-fifth of the residue, the sale shall be postponed to the first of March, 1871; at that time should the trustor or mortgagor pay one-half of the residue, the sale shall be postponed to first of March 1872; and at that time the trustee or mortgagee shall sell the property or so much of it as will realize the balance of the debts: Provided however, That should the trustor, or mortgagor fail

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to pay the first or any subsequent installment, then, and in that case, the trustee or mortgagee shall sell at six months credit, so much of the property conveyed as will realize such installment."

        SEC. 4. Be it further ordained, That section 11, of the above entitled act be amended to read as follows: "That no warrants before Justices of the Peace shall issue or be returnable until January 1st, 1869. Should the defendant upon such return pay to the plaintiff, or to the collecting officer, for his use, or confess judgment before the magistrate for one-tenth of the debt and demand, (principal and interest) he shall be allowed twelve months to plead; at the expiration of that time, should the defendant pay to the plaintiff or confess judgment for one-fifth of the residue of the said debt or demand, he shall be allowed twelve months more to plead; at the expiration of that time should the defendant pay to the plaintiff or confess judment for one-half of the residue of said debt or demand, he shall be allowed twelve months more to plead; at the expiration of that time the plaintiff shall have judgment for the residue of his debt or demand; Provided, however, That the plaintiff, if required, shall file his claim in writing, and if the defendant shall make oath that the whole or any part thereof is not justly due, or that he has a counter demand, all of which he shall particularly set forth by affidavit, then the defendant shall only pay the installment required of what he admits to be due, and the justice shall proceed to try the matters in dispute between the parties; and at the expiration of twelve months the defendant shall be allowed time to plead only upon payment of one-fifth of the amount admitted to be due, and whatever the justice may have found him indebted over and above the same: Provided, That should the defendant fail to pay or confess judgment for the first or any subsequent installment, then and in that case, the plaintiff shall be entitled to proceed to judgment and execution for such installment: Provided further, That by consent of the plaintiff the defendant may at any time confess judgment for a stipulated sum in full and final discharge of all further demand or liability upon such claim. That all

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executions on judments in actions of debt, covenant, assumpsit or account which have been, or shall be issued on judgments heretofore obtained before any magistrate, shall be levied on the property of the defendant and returned without sale; at the expiration of twelve months from such return execution on all such judgments shall issue for only one-tenth of the amount then due; at the expiration of twelve months from that time for one-fifth of the residue; at the expiration of twelve months more for one-half of the residue, and at the expiration of twelve months more for the balance of the debt."

        SEC. 5. Be it further ordained, That Section 17 of the above entitled ordinance be amended to read as follows: "Sec. 17. That the provisions of this ordinance shall not be construed to extend to any debts or demands contracted or penalties incurred since the first day of May, A. D. 1865, or which may hereafter be contracted or incurred, except actions founded on any bond, promissory note, bill of exchange, or any other instrument of writing, or parol promise made since first May, 1865, in renewal of, or substitution for, a contract made prior to first of May, 1865, to the full amount of the principal and interest of a debt existing prior to said day, and without other consideration than such pre-existent debt; and except also, actions, suits, or process to reyive, continue or enforce any judgment heretofore recovered upon any such bond, promissory note, bill of exchange or other instruments of writing or parol promise as is herein before mentioned."

        SEC. 6. Be it further ordained, That this ordinance shall be in force from and after its ratification.


        The substitute of Mr. Graham, and also the substitute of Mr. Jones, of Washington, were submitted.

        The Chair decided the substitute of Mr. Graham's in order.

        It was discussed at length.

        The question was called,

        And the yeas and nays were demanded.

        The substitute was lost by the following vote, yeas 18, nays 84.

        Those who voted in affirmative are:

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        Messrs. Baker, Barnes, Bradley, Ellis, Eppes, Glover, Graham of Orange, Hare, Hodnett, Hollowell, Holt, Hyman, King of Lenoir, Lennon, Marshall, McCubbins, Merritt and Sanderlin--18.

        Those who voted in the negative are:

        Messrs. Abbott, Andrews, Aydlott, Blume, Bryan, Carey, Carter, Candler, Cherry, Chillson, Colgrove, Congleton, Cox, Dowd, Duckworth, Etheridge, Fisher, Forkner, Franklin, French of Rockingham, Fullings, Gahagan, 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, Hood, Ing, Jones of Caldwell, Jones of Washington, King of Lincoln, Laflin, Lee, Legg, Logan, Long, Mann, May, Mayo, 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, Rodman, Rose, Smith, Stilwell, Sweet, Taylor, Teague, Tourgee, Trogden, Tucker, Turner, Watts, Welker and Williams of Wake--84.

        The substitute of Mr. Jones being declared in order by the President, was discussed and voted on.

        The yeas and nays were demanded, and resulted yeas 27, nays 69.

        Those who voted in the affirmative are:

        Messrs. Baker, Barnes, Candler, Cox, French of Rockingham, Fullings, Glover, Grant of Wayne, Grant of Northampton, Hare, Hodnett, Hollowell, Hyman, Ing, Jones of Washington, King of Lincoln, King of Lenoir, Mullican, Nicholson, Parker, Pool, Renfrow, Rose, Teague, Trogden and Williams of Wake--27.

        Those who voted in the negative are:

        Messrs. Abbott, Andrews, Aydlott, Blume, Bradley, Bryan, Carey, Carter, Chillson, Congleton, Dickey, Dowd, Duckworth, Eppes, Etheridge, Forkner, Franklin, French of Bladen, Gahagan, Galloway, George, Graham of Montgomery, Gully, Gunter, Hay, Hayes of Robeson, Hayes of Halifax, Heaton, Hobbs, Hoffler, Jones of Caldwell, Kinney, Laflin,

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Lee, Legg, Lennon, Logan, Long, Mann, May, Mayo, McCubbins, Merritt, McDonald of Chatham, McDonald of Moore, Moore, Morton, Murphy, Nance, Newsom, Patrick, Parks, Peterson, Pierson, Ragland, Read, Rhodes, Rich, Rodman, Sanderlin, Smith, Stilwell, Sweet, Taylor, Tourgee, Tucker, Turner, Watts and Welker--69.

        Mr. Welker withdrew his amendment.

        Mr. Tourgee offered the following amendment:

        "To stay final process on all debts since May, 1865, except for laborers wages and fraud."

        The yeas and nays were demanded.

        And the amendment was lost by the following vote, yeas 39, nays 67:

        Those who voted in the affirmative are:

        Messrs. Abbott, Andrews, Blume, Bradly, Bryan, Carey, Carter, Candler, Chillson, Dickey, Franklin, George, Graham of Montgomery, Gully, Gunter, Harris of Wake, Hay, Hoffler, Legg, Lennon, Long, Mann, May, Merritt, McDonald of Chatham, McDonald of Moore, Moore, Morton, Murphy, Nance, Newsom, Patrick, Peterson, Ragland, Smith, Tourgee, Turner, Welker and Williams of Wake--39.

        Those who voted in the negative are:

        Messrs. Aydlott, Baker, Barnes, Cherry, Colgrove, Congleton, Cox, Dowd, Duckworth, Ellis, Eppes, Etheridge, Fisher, Forkner, French of Bladen, French of Rockingham, Fullings, Gahagan, Galloway, Glover, Grant of Wayne, Grant of Northampton, Hall, Harris of Franklin, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hodnett, Hollowell, Hood, Hyman, Ing, Jones of Caldwell, Jones of Washington, King of Lincoln, King of Lenoir, Kinney, Laflin, Lee, Logan, Mayo, Marshall, McCubbins, Mullican, Nicholson, Parker, Parks, Petree, Pierson, Pool, Ray, Read, Renfrow, Rhodes, Rodman, Rose, Sanderlin, Stilwell, Sweet, Taylor, Teague, Trogden, Tucker, Watts and Williamson--67.

        Mr. Pool offered and amendment to strike out the second "of," in the third line, and insert "to issue or enforce executions in;" also in tenth line, strike out "of" and insert "in," and strike out "or process."

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        The amendment was not sustained.

        Mr. Tourgee moved to lay the ordinance of Mr. Rodman on the table.

        The yeas and nays were demanded,

        And the motion was lost by the following vote, yeas 44, nay 57.

        Those who voted in the affirmative are:

        Messrs. Andrews, Baker, Barnes, Blume, Candler, Cherry, Congleton, Cox, Dowd, Duckworth, Ellis, Eppes, French of Rockingham, Fullings, Gahagan, Grant of Northampton, Gully, Hayes of Robeson, Hodnett, Hoffler, Hollowell, Ing, King of Lenoir, Logan, May, Marshall, Moore, Mullican, Murphy, Nicholson, Parker, Parks, Peterson, Pool, Ray, Renfrow, Rhodes, Rose, Teague, Tourgee, Trogden, Welker and Williams of Wake--44.

        Those who voted in the negative are:

        Messrs. Abbott, Aydlott, Bradley, Bryan, Carter, Chillson, Colgrove, Etheridge, Fisher, Forkner, Franklin, Galloway, George, Glover, Graham of Montgomery, Grant of Wayne, Gunter, Harris of Wake, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hood, Hyman, Jones of Caldwell, King of Lincoln, Kinney, Laflin, Lee, Legg, Lennon, Long, Mann, Mayo, McCubbins, Merritt, McDonald of Chatham, McDonald of Moore, Morton, Nance, Newsom, Patrick, Petree, Pierson, Ragland, Read, Rich, Rodman, Sanderlin, Smith, Stillwell, Sweet, Taylor, Tucker, Turner, Watts and Williamson--57.

        The original ordinance was then placed upon its final passage.

        The question was called and the yeas and nays demanded.

        The ordinance was adopted by the following vote, yeas 56, nays 39:

        Those who voted in the affirmitive are:

        Messrs. Abbott, Aydlott, Barnes, Blume, Bradley, Bryan, Carey, Colgrove, Etheridge, Fisher, Forkner, Franklin, French of Bladen, Galloway, George, Graham of Montgomery, Grant of Wayne, Gully, Gunter, Hall, Harris of Wake, Heaton, Highsmith, Hobbs, Jones of Caldwell, Kinney, Legg, Lennon, Long, Mann, Mayo, Marshall, McCubbins, Merritt, McDonald

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of Chatham, McDonald of Moore, Moore, Morton, Mullican, Nance, Newsom, Patrick, Pierson, Ragland, Read, Rich, Rodman, Sanderlin, Smith, Stilwell, Sweet, Taylor, Tucker, Turner, Watts and Williamson--56.

        Those who voted in the negative are:

        Messrs. Andrews, Baker, Candler, Cherry, Congleton, Dowd, Duckworth, Ellis, Eppes, French of Rockingham, Fullings, Gahagan, Glover, Grant of Northampton, Hayes of Robeson, Hayes of Halifax, Hoffler, Hollowell, Hood, Hyman, Ing, Jones of Washington, King of Lenoir, Lee, Logan, May, Nicholson, Parker, Parks, Peterson, Pool, Ray, Renfrow, Rhodes, Rose, Teague, Trogden, Welker and Williams of Wake--39.

        Mr. King, of Lincoln, presented a resolution asking Congress to amend the Bankrupt law.

        Referred to the Committee on the Judicial Department.

        At the request of a delegate, the Hall was granted to the Conservative Convention for the evening.

        On motion of Mr. Heaton, the report of the Committee on Governor and other necessary State Executive officers, as reported by the Committee of the Whole, was taken up.

        The first section was read.

        Mr. Heaton moved to strike out the word "two" and insert "three."

        Pending which, the House adjourned.

THURSDAY, FEBRUARY 6TH, 1868.

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

        Prayer by the Rev. H. T. Hudson.

        The President announced a quorum.

        The Journal of Wednesday was read and adopted.

        Mr. Tourgee arose to a question of privilege, and desired the following protest entered on the Journal:

        WHEREAS, We consider the ordinance entitled "an ordinance for the relief of debtors," passed by a vote of this Convention

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yesterday, as entirely inadequate to the wants of the people, invidious and unjust in its distinctions between debtors, affording no relief for the unfortunate debtors whose old debts have been renewed since May, 1865, and others whose present condition is equally deplorable and equally the result of war; and that it also opens the door to unlimited fraud, we respectfully protest against this action of the Convention, and ask that this protest be spread upon the Journal.

(Signed,)

A. W. TOURGEE,

JAS. A. MOORE,

G. W. WELKER,

J. W. PETERSON,

ABRAHAM CONGLETON,

JOHN McDONALD,

JACOB ING.


        Mr. Ray presented a petition for divorce.

        Referred to the Committee on the Judicial Department.

        The Committee on Finance, to whom was referred the resolution of Mr. French, of Chowan, relative to negotiating a loan to pay mileage, respectfully report that it is inexpedient to act upon the resolution, and ask to be discharged from the further consideration thereof.

JOS. C. ABBOTT, Chairman.


        On motion the report was accepted.

        The Committee on Finance, to whom was referred the resolution of Mr. Williamson, asking Congress for the loan of money, respectfully report back the resolution without recommendation; and ask to be discharged from the further consideration of the subject.

JOS. C. ABBOTT, Chairman.


        On motion the report was accepted.

        The Committee on Finance, to whom was referred the ordinance of Mr. Welker, relative to the liability of Banking institutions, report that it is inexpedient to act upon the ordinance,

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as it will be a proper subject for the Legislature, and ask to be discharged from the further consideration thereof.

JOS. C. ABBOTT, Chairman.


        On motion, the report was accepted.

        The Committee report that in accordadce with the resolution of Mr. Rich, instructing the Committee to negotiate a loan of five hundred dollars for contintent expenses, they have taken the necessary steps to comply with the same.

JOS. C. ABBOTT, Chairman.


        On motion, the report was adopted.

        The Committee on Finance reported the following ordinance, which,

        On motion, was adopted:

        SECTION 1. Be it ordained by the people of North-Carolina, in Convention assembled, That for the purpose of raising moneys to pay the expenses of this Convention, according to the act of Congress in such case made and provided, a tax of one-twentieth of one per cent, shall be levied on the land in North-Carolina, according to the valuation in the year 1860, subject to such changes therein as have been since made by law, and on the personal property within said State, according to the valuation thereof to be made in the year 1868. This tax shall be collected, paid and accounted for at the Treasury of the State, at the time when, and in the same manner as other State taxes are, by law, required to be. The collecting officer shall be subject to the same penalties for failure to collect, pay and account for the taxes hereby levied, as they now are for such failure in respect to other taxes.

        SEC. 2. Be it further ordained, That the said collecting officer shall receive the like compensation for the collection of the tax hereby levied as for the collection of other taxes.

        SEC. 3. Be it further ordained, That this ordinance shall be in force from and after its passage.

        The yeas and nays being demanded, resulted yeas 92, nays 13.

        Those who voted in the affirmitive are:

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        Messrs. Abbott, Andrews, Ashley, Aydlott, Baker, Barnes, Blume, Bradley, Bryan, Carey, Carter, Candler, Cherry, Chilson, Colgrove, Congleton, Dickey, Duckworth, Eppes, Etheridge, Fisher, Forkner, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Galloway, Garland, George, Graham of Montgomery, Grant of Wayne, Grant of Northampton, Gully, Gunter, Harris of Wake, Harris of Franklin, 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, Legg, Logan, Long, Mann, May, Mayo, Marshall, McCubbins, McDonald of Chatham, McDonald of Moore, Morton, Mullican, Murphy, Nance, Nicholson, Patrick, Parker, Parks, Petree, Pierson, Pool, Ragland, Ray, Read, Renfrow, Rhodes, Rich, Rodman, Rose, Smith, Stilwell, Taylor, Teague, Tucker, Watts, Williams of Wake and Williamson--92.

        Those who voted in the negative are:

        Messrs. Burham, Ellis, Graham of Orange, Hall, Holt, Lennon, Merritt, Moore, Peterson, Sanderlin, Tourgee, Turner and Welker--13.

        Mr. E. W. Jones, of Washington, introduced an ordinance amending section two of an act of the Legislature of 1866-67, entitled "An act to incorporate the town of Calumbia, in the County of Tyrrell."

        Referred to the Committee on Towns and Counties.

        The report of the Committee on Corporations was received and ordered to be printed.

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

        Resolved, That the Rule of Order, No. 16, be suspended, and that all reports of Committees embracing propositions pertaining to the formation of a Constitution be taken up each day at 12 o'clock, and considered in Convention for its final action, instead of being referred to the Committee of the Whole.

        On motion, the rules were suspended and the resolution adopted.

        Mr. Ragland introduced the following resolution for relief:

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        Resolved, That the Committee appointed to confer with General Canby, be authorized to request him to stay the ruinous executions on new debts contracted since the 1st of May, 1865, so that property may not be sacrificed for less than its intrinsic value, and make an order to that effect, for the temporary relief of the people.

        On motion, the rules were suspended.

        Mr. Hood moved to postpone indefinitely.

        The yeas and nays were demanded and resulted, yeas 40, nays 60:

        Those who voted in the affirmative are:

        Messrs. Baker, Candler, Chillson, Duckworth, Durham, Ellis, Etheridge, French of Bladen, French of Chowan, Fullings, Gahagan, Garland, Graham of Orange, Grant of Wayne, Grant of Northampton, Hall, Hayes of Robeson, Hayes of Halifax, Hodnett, Hollowell, Hood, Hyman, Jones of Washington, Lennon, Logan, Long, Marshall, McCubbins, Merritt, Murphy, Nicholson, Parker, Petree, Ray, Renfrow, Rhodes, Rose, Sanderlin, Tucker and Williams of Wake--40.

        Those who voted in the negative are:

        Messrs. Abbott, Andrews, Ashley, Aydlott, Barnes, Blume, Bradley, Bryan, Carey, Carter, Cherry, Colgrove, Congleton, Dickey, Eppes, Fisher, Forkner, Franklin, French of Rockingham, Galloway, George, Graham of Montgomery, Gully, Gunter, Harris of Wake, Harris of Franklin, Heaton, Highsmith, Hobbs, Hoffler, Ing, Jones of Caldwell, King of Lincoln, King of Lenoir, Kinney, Laflin, Lee, Legg, Mann, May, Mayo, McDonald of Chatham, McDonald of Moore, Moore, Morton, Mullican, Nance, Patrick, Pool, Ragland, Rich, Rodman, Stilwell, Taylor, Teague, Tourgee, Turner, Watts, Welker and Williamson.--60.

        The resolution was not postponed.

        Put on its passage and adopted.

        Mr. Heaton introduced the following resolution:

        Resolved, That the President of this Convention is hereby authorized to appoint a standing Committee of three on revision and arrangement.

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        On motion the rules were suspended and the resolution adopted.

        Mr. Turner introduced an ordinance in relation to the validity of acts of this Convention.

        Lies over under the rules.

        Leave of absence was granted to the following gentlemen:

        Mr. Sanderlin, of Curituck for 5 days.

        Mr. Galloway from Friday 12 o'clock until Monday, A. M.

        Mr. Patrick until Wednesday.

        Mr. Williamson until Tuesday.

        Mr. Aydlott until Tuesday,

        Mr. Carter for 5 days.

        Mr. Peterson until Monday next.

UNFINISHED BUSINESS.

        Mr. King's resolution respecting the action of the Convention was withdrawn.

        Mr. Mullican's ordinance declaring that honesty and good faith, and the Constitution of the United States requires that contracts shall be held sacred, was taken up, and,

        On motion, was indefinitely postponed.

        The following resolution of Mr. King was adopted:

        Resolved, That rule 36 of the rules of order, of this Convention be amended, by striking out the word "suspended" in line 1st and 2d of said rule, and also by striking out all of rule 36 after the word "session" in 5th line of said rule.

        The resolution of Mr. Gunter instructing the Committee on Relief to report an ordinance declaring void certain contracts, &c., was taken up, and referred to the Committee on Relief.

        The following resolution of Mr. Read was taken up, and adopted:

        Resolved, That on to-morrow and thence forward the Convention hold two sessions daily beginning respectively at 10 o'clock, A. M., and 4 o'clock, P. M.

        Mr. Parker's resolution respecting the sessions of the Convention was taken up, and,

        On motion was tabled.

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        Mr. Ellis's resolution in reference to the Reconstruction Acts was taken up, and,

        On motion, was tabled.

        The report of the Committee on Suffrage was made the special order for Monday next at 12 o'clock.

        The hour of 12 having arrived the house proceeded to take up the report of the Committee on a Governor and other necessary State Executive officers, as reported on by the Committee of the Whole.

        Section 1st was read.

        Mr. Heaton moved to strike out the word "two" and insert "three."

        Mr. Jones, of Washington, moved to amend by striking out the word "two" and inserting the word "four."

        The yeas and nayes were demanded and resulted yeas 61, nays 37.

        Those who voted in the affirmative are:

        Messrs. Andrews, Ashley, Blume, Bryan, Carey, Carter, Cherry, Chillson, Colgrove, Congleton, Dickey, Duckworth, Eppes, Etheridge, Fisher, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Galloway, Garland, Graham of Montgomery, Grant of Northampton, Gully, Harris of Wake, Harris of Franklin, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hood, Hyman, Ing, Jones of Washington, Kinney, Laflin, Lee, Legg, Logan, Mann, May, Mayo, Moore, Murphy, Nance, Nicholson, Patrick, Parker, Parks, Pierson, Pool, Ragland, Renfrow, Rhodes, Rodman, Rose, Sweet, Taylor, Tourgee, and Williamson--61.

        Those who voted in the negative are:

        Messrs. Aydlott, Barnes, Bradley, Cox, Ellis, Forkner, George, Gunter, Hall, Hobbs, Hodnett, Hoffler, Hollowell, Jones of Caldwell, King of Lincoln, King of Lenoir, Long, Marshall, McCubbins, Merritt, McDonald of Chatham, McDonald, of Moore, Morton, Mullican, Newsom, Petree, Ray, Read, Sanderlin, Smith, Stilwell, Teague Trogden Tucker, Turner, Welker, and Williams of Wake--37.

        The section as amended was adopted.

Page 148

        Section 2d was taken up.

        Mr. Tourgee moved to amend by striking out the word "six" and inserting "eight," which amendment was adopted.

        The section as amended was then adopted.

        Section 3d was read and adopted.

        Section 4th was read.

        Mr. Tourgee moved to amend by striking out the word "execute" and inserting the word "perform."

        The amendment was adopted.

        Mr. Forkner moved to amend by inserting after the word "Constitution" the words "and laws."

        The amendment was adopted.

        Mr. Tourgee moved to amend by striking out all after the word "elected."

        The amendment was adopted.

        The section as amended was adopted.

        Sections, 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th, 13th, 14th, 15th, 16th and 17th, were taken up separately and adopted as read.

        On motion of Mr. Heaton, the report as amended was ordered to be engrossed and printed for a final reading on Friday at 12 oclock.

        The report of the Committee on Militia as reported by the Committee of the Whole was taken up.

        Sections 1st, 2d, 3d, and 4th were read and adopted.

        On motion of Mr. Heaton, the report was ordered to be printed, and made as special order for final reading and passage, on Friday at 12 o'clock, M.

        The petition of divorce of Ann Underdue, presented by Mr. Harris, of Wake, was taken up, and,

        On motion, was referred to a committee of three to be appointed by the Chair.

        The resolution introduced by Mr. Harris, of Wake, requiring immediate action on the Constitution, and a bill for the relief of the people, was taken up, and,

        On motion, was laid on the table.

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        The resolution introduced by Mr. Harris, of Wake, providing means of Relief, was,

        On motion, indefinitely postponed.

        On motion the report of the Committee on a Preamble and Bill of Rights was made a special order for Saturday at 12 o'clock, M.

        The resolution of Mr. Congleton, in reference to immediate action on the Constitution and Bill of Rights, was,

        On motion, laid on the table.

        The resolution of Mr. Teague, "instructing the Committee of three to enquire of General Canby how far he will recognize Legislation by the Convention," was,

        On motion, laid on the table.

        The following Ordinance of Mr. Duckworth was adopted:

        Be it ordained by the people of North-Carolina in Convention assembled, That William D. Justus, Sheriff of Henderson County, be allowed two years from the first day of January 1868, to collect arrears of taxes due for the year 1866.

        On motion the house adjourned.

FRIDAY, FEBRUARY 7TH, 1868.

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

        Prayer by the Rev. J. W. Hood.

        The President announced a quorum.

        The Journal of Thursday was read and approved.

        Leave of absence was granted,

        Mr. Dowd until Tuesday next.

        Mr. Rose until Monday next.

        Mr. Read until Wednesday next.

        Mr. Rodman presented a petition of divorce from John Roberts.

        Referred to the Committee on the Judicial Department.

        On motion, the report of the Committee on Relief, was recommitted to that Committee.

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        The following report of the Committee on relief from disabilty, was received:

        We, the Committee appointed in accordance with a resolution of this Convention, to gather such information as will enable us to report a list of persons who may be presented to Congress to be relieved from political disability, most respectfully report the following, viz:

        That the delegates be invited to send to the Chairman of the Committee the names of persons who are in hearty accord with the Reconstruction Acts of Congress, whom they consider worthy of recommendation from disability, with a brief history of each person thus recommended, since May, 1861.

J. W. HOOD,

W. NICHOLSON,

G. W. GAHAGAN,

R. W. KING,

C. C. JONES,

A. W. TOURGEE,

S. FORKNER.


        On motion, the report was accepted.

        Mr. Durham moved to lay the report on the table, and demanded the yeas and nays.

        The motion was lost by the following vote, yeas 11, nays 88:

        Those who voted in the affirmitive are:

        Messrs. Durham, Ellis, Etheridge, Graham of Orange, Hare, Hodnett, Hoffler, Holt, Lennon, Marshall and Merritt--11.

        Those who voted in the negative are:

        Messrs. Abbott, Ashley, Aydlott, Barnes, Blume, Bradley, Bryan, Carey, Candler, Chilson, Colgrove, Congleton, Cox, Daniel, Dickey, Duckworth, Eppes, Forkner, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Garland, George, Glover, Graham of Montgomery, Grant of Wayne, Grant of Northampton, Gunter, Harris of Wake, Harris of Franklin, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hollowell, Hood, Hyman, Ing, Jones of Caldwell, Jones of Washington, King of Lincoln, King of Lenoir, Kinney, Laflin, Lee, Legg, Logan, Long, Mann,

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May, Mayo, McDonald of Chatham, McDonald of Moore, Moore, Morton, Mullican, Murphy, Nance, Newsom, Nicholson, Parker, Parks, Petree, Pierson, Pool, Ragland, Ray, Renfrow, Rhodes, Rodman, Rose, Smith, Stilly, Stilwell, Sweet, Taylor, Teague, Tourgee, Trogden, Tucker, Turner, Watts, Welker and Williams of Wake--88.

        Mr. Hood moved the adoption of the report and called the previous question.

        The yeas and and nays were demanded, and the report was adopted by the following vote, yeas 86, mays 9:

        Those who voted in affirmative are:

        Messrs. Abbott, Andrews, Ashley, Aydlott, Barnes, Blume, Bradley, Bryan, Carey, Candler, Chillson, Colgrove, Congleton, Cox, Dickey, Duckworth, Eppes, Forkner, Franklin, French of Rockingham, French of Chowan, Fullings, Gahagan, Garland, George, Glover, Graham of Montgomery, Grant of Wayne, Grant of Northampton, Gunter, Harris of Wake, Harris of Franklin, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hollowell, Hood, Hyman, Ing, Jones of Caldwell, Jones of Washington, King of Lenoir, Kinney, Laflin, Lee, Legg, Logan, Long, Mann, May, Mayo, McDonald of Chatham, McDonald of Moore, Moore, Morton, Mullican, Murphy, Nance, Newsom, Nicholson, Parker, Parks, Petree, Pierson, Pool, Ragland, Ray, Read, Renfrow, Rhodes, Rodman, Rose, Smith, Stilly, Stilwell, Sweet, Taylor, Teague, Tourgee, Trogden, Tucker, Watts, Welker and Williams of Wake--86.

        Those who voted in the negative are:

        Messrs. Durham, Etheridge, Graham of Orange, Hall, Hare, Hodnett, Hoffler, Holt, and Merritt--9.

        Mr. Morton introduced the following resolution:

        Resolved, That the President of this Convention order a copy of the relief bill to be sent to the sheriffs, the County and Superior Court Clerks, of each County in the State.

        On motion, the rules were suspended, and the resolution adopted.

        On motion, the report of the Committee on Finance, to whom was referred the ordinance of Mr. Welker regarding

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the liabilities of Banks, was considered and the ordinance was placed on the Calendar.

        On motion, the vote taken yesterday on the resolution of Mr. Read in regard to the sessions of this Convention, was reconsidered.

        Mr. Harris, of Wake, moved that the Convention meet at 10 o'clock, A. M., and 7½ P. M., which motion was not sustained.

        The yeas and nays were demanded, and resulted yeas 42, nays 58.

        Those who voted in the affirmative are:

        Messrs. Andrews, Ashley, Aydlott, Barnes, Blume, Bryan, Chillson, Congleton, Duckworth, Forkner, Franklin, Garland, George, Graham of Montgomery, Graham of Orange, Grant of Wayne, Grant of Northampton, Gunter, Harris of Wake, Hayes of Halifax, Hood, Hyman, Jones of Washington, King of Lincoln, Long, Mann, McCubbins, McDonald of Chatham, McDonald of Moore, Moore, Nicholson, Parker, Parks, Petree, Ragland, Read, Smith, Stilly, Teague, Tourgee, Welker and Williams of Wake--42.

        Those who voted in the negative are:

        Messrs. Abbott, Bradley, Candler, Cherry, Cox, Daniel, Dickey, Durham, Ellis, Eppes, Etheridge, Fisher, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Glover, Hall, Hare, Hayes of Robeson, Heaton, Highsmith, Hobbs, Hodnett, Hoffler, Hollowell, Holt, Ing, Jones of Caldwell, King of Lenoir, Kinney, Laflin, Lee, Legg, Lennon, Logan, May, Mayo, Marshall, Merritt, Mullican, Murphy, Newson, Pierson, Pool, Ray, Renfrow, Rhodes, Rodman, Rose, Stilwell, Sweet, Taylor, Trogden, Tucker, Turner and Watts--38.

        Mr. Pool introduced an ordinance amending an act of the General Assembly.

        Referred to the Committee on Relief.

        The resolution of Mr. Congleton, asking Congress for a loan of money, was taken up and discussed.

        Mr. Watts moved to strike out the words, "of ten millions

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of dollars or what sum," and strike out "amount," and insert "loan."

        The following Committee was appointed to report on a petition of divorce presented by Mr. Harris, of Wake:

        Messrs. Harris of Wake, Merritt and Fisher.

        The report of the Committee on Legislature was accepted, and ordered to be printed.

        The hour of 12 having arrived, the House proceeded to the final reading and passage of the following report of the Committee on a Governor and other necessary State Executive Officers.

EXECUTIVE DEPARTMENT.

        SECTION 1. The Executive Department shall consist of a Governor, in whom shall be vested the supreme executive power of the State, a Lieutenant Governor, a Secretary of State, an Auditor, a Treasurer, a Superintendent of Public Works, a Superintendent of Public Instruction, and an Attorney General, who shall be elected for a term of four years, by the qualified electors of the State, at the same times and places, and in the same manner, as members of the General Assembly are elected. Their term of office shall commence on the first day of January next after their election, and continue until their successors are elected and qualified: Provided, That the officers first elected shall assume the duties of their office ten days after the approval of the Constitution by the Congress of the United States, and shall hold their offices for four years, from and after the first day of January, 1869.

        SEC. 2. No person shall be eligible as Governor or Lieutenant Governor, unless he shall have attained the age of thirty years, shall have been a citizen of the United States for five years, and shall have been a resident of this State for two years, next before the day of election; nor shall the person elected to either of these two offices be eligible to the same more than four years in any term of eight years, unless the

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office shall have been cast upon him as Lieutenant Governor or President of the Senate.

        SEC. 3. The return of every election for officers of the Executive Department shall be sealed up and transmitted to the seat of Government by the returning officers, directed to the Speaker of the House of Commons, who shall open and publish the same in the presence of a majority of the members of both Houses of the General Assembly. The persons having the highest number of votes respectively, shall be declared duly elected; but if two or more be equal and highest in votes for the same office, then one of them shall be chosen by joint ballot of both Houses of the General Assembly. Contested elections shall be determined by a joint ballot of both Houses of the General Assembly, in such manner as shall be prescribed by law.

        SEC. 4. The Governor, before entering upon the duties of his office, shall, in the presence of the members of both branches of the General Assembly, or before any Justice of the Supreme Court, take an oath or affirmation, that he will support the Constitution and laws of the United States, and of the State of North-Carolina; that he will faithfully perform the duties appertaining to the office of Governor, to which he has been elected.

        SEC. 5. The Governor shall reside at the seat of Government of this State, and shall, from time to time, give the General Assembly information of the affairs of the State, and recommend to their consideration such measures as he shall deem expedient.

        SEC. 6. The Governor shall have power to grant reprieves, commutations and pardons, after conviction, for all offences, (except in cases of impeachment,) upon such conditions as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. He shall annually communicate to the General Assembly each case of reprieve, commutation or pardon granted, stating the name of the convict, the crime for which he was convicted, the sentence and its date, and the date of commutation, pardon or reprieve, and the reasons therefor.

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        SEC. 7. The officers of the Executive Department and of the public institutions of the State, shall, at least five days previous to each regular session of the General Assembly, severally report to the Governor, who shall transmit such reports, with his message, to the General Assembly; and the Governor may, at any time, require information in writing, from the officers of the Executive Department, upon any subject relating to the duties of their respective offices, and shall take care that the laws be faithfully executed.

        SEC. 8. The Governor shall be Commander-in-Chief of the militia of the State, except when they shall be called into the service of the United States.

        SEC. 9. The Governor shall have power, on extraordinary occasions, by and with the advice of the Council of State, to convene the General Assembly in extra session, by his proclamation, stating therein the purpose or purposes for which they are thus convened.

        SEC. 10. The Governor shall nominate, and, by and with the advice and consent of a majority of the Senators elect, appoint all officers whose offices are established by this constitution, or which may be created by law, and whose appointments are not otherwise provided for, and no such officer shall be appointed or elected by the General Assembly.

        SEC. 11. The Lieutenant-Governor shall, by virtue of his office, be President of the Senate, but shall have no vote unless the Senate be equally divided. He shall, whilst acting as President of the Senate, receive for his services the same pay which shall, for the same period, be allowed the Speaker of the House of Commons, and he shall receive no other compensation except when he is acting as Governor.

        SEC. 12. In case of the impeachment of the Governor, his failure to qualify, his absence from the State, his inability to discharge the duties of his office, or in case the office of Governor shall, in anywise become vacant, the powers, duties, and emoluments of the office shall devolve upon the Lieutenant-Governor until the disabilities shall cease, or a new Governor shall be elected and qualified. In every case in which the Lieutenant-Governor shall be unable to preside over the Senate,

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the Senators shall elect one of their own number President of their body; and the powers, duties and emoluments of the office of Governor shall devolve upon him, whenever the Lieutenant-Governor shall, for any reason be prevented from discharging the duties of such office as above provided, and he shall continue as acting Governor until the disabilities be removed or a new Governor or Lieutenant-Governor shall be elected and qualified. Whenever, during a recess of the General Assembly, it shall become necessary for a President of the Senate to administer the government, the Secretary of State shall convene the Senate, that they may elect such President.

        SEC. 13. The respective duties of the Secretary of State, Auditor, Treasurer, Superintendent of Public Works, Superintendent of Public Instruction and Attorney General shall be prescribed by law. If the office of any of said officers shall be vacated by death, resignation, or otherwise, it shall be the duty of the Governor to appoint another until the disabilities be removed, or a successor be elected and qualified. Every such vacancy shall be filled by election at the first general election that occurs more than thirty days after the vacancy has taken place, and the person chosen shall hold the office for the remainder of the unexpired term fixed in the first section of this article.

        SEC. 14. The Secretary of State, Auditor, Treasurer, Superintendent of Public Works, and Superintendent of Public Instructions, shall constitute, ex officio, the Council of State, who shall advise the Governor in the execution of his office, and three of whom shall constitute a quorum; their advice and proceedings, in this capacity, shall be entered in a journal, to be kept for this purpose exclusively, and signed by the members present, against any part of which any member may enter his dissent, and such journal shall be placed before the General Assembly when called for by either House. The Attorney General shall be ex officio, the legal adviser of the Executive Department.

        SEC. 15. The officers mentioned in this article shall, at stated periods, receive for their services a compensation, to be established

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by law, which shall neither be increased nor diminished during the time for which they shall have been elected; and the said officers shall receive no other emolument or allowance whatever.

        SEC. 16. There shall be a seal of the State, which shall be kept by the Governor, and used by him, as occasion may require, and shall be called "The Great Seal of the State of North-Carolina." All grants and commissions shall be issued in the name, and by the authority of the State of North-Carolina, sealed with "The Great Seal of State," signed by the Governor, and countersigned by the Secretary of State.

        SEC. 17. There shall be established in the office of Secretary of State a Bureau of Statistics, of Agriculture and of Immigration, under such regulations as the General Assembly may provide.


        Section 1st was read.

        Mr. Graham moved to amend by striking out "Lieutenant-Governor, Superintendent of Public Works, Superintendent of Public Instruction and Attorney General."

        The yeas and nays were demanded, and the amendment was lost by the following vote, yeas 13, nays 86:

        Those who voted in the affirmative are:

        Messrs. Durham, Ellis, Etheridge, Graham of Orange, Hall, Hare, Hodnett, Holt, Lennon, Marshall, McCubbins, Merritt and Newsom--13.

        Those who voted in the negative are:

        Messrs. Abbott, Andrews, Ashley, Aydlott, Baker, Barnes, Blume, Bradly, Bryan, Carey, Candler, Cherry, Congleton, Cox, Daniel, Dickey, Duckworth, Eppes, Fisher, Forkner, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Garland, George, Glover, Graham of Montgomery, Grant of Wayne, Grant of Northampton, Gunter, Harris of Wake, Harris of Franklin, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hoffler, Hood, Hyman, Ing, Jones of Caldwell, Jones of Washington, King of Lincoln, King of Lenoir, Kinney, Laflin, Lee, Legg, Logan, Long, May, Mayo, McDonald of Chatham, McDonald of Moore, Moore, Morton, Mullican, Nance,

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Nicholson, Parker, Petree, Pierson, Pool, Ragland, Ray, Read, Renfrow, Rhodes, Rose, Smith, Stilly, Stilwell, Sweet, Taylor, Teague, Tourgee, Trogden, Tucker, Turner, Watts, Welker and Williams of Wake--86.

        Mr. Tourgee moved to amend by substituting the word "this" for the word "the" before Constitution on the 14th line.

        The amendment was adopted.

        Mr. Durham moved to strike out the word "four" and insert "two."

        The motion was not sustained.

        Mr. Ashley moved the adoption of the section as amended, and called the previous question.

        The call was sustained.

        The yeas and nays were demanded and resulted yeas 77 nays 26.

        Those who voted in the affirmative are:

        Messrs. Abbott, Andrews, Ashley, Aydlott, Barnes, Blume, Bryan, Carey, Cherry, Chillson, Congleton, Cox, Dickey, Duckworth, Eppes, Fisher, Forker, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Garland, George, Glover, Graham of Montgomery, Grant of Wayne, Grant of Northampton, Harris of Franklin, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hood, Hyman, Ing, Jones of Caldwell, Jones of Washington, King of Lenoir, Kinney, Laflin, Lee, Legg, Logan, Long, Mann, May, Mayo, McDonald of Moore, Moore, Mullican, Murphy, Nance, Nicholson, Parker, Parks, Pierson Pool, Ragland, Ray, Read, Renfrow, Rhodes, Rodman, Stilly, Stilwell, Sweet, Taylor, Teague, Tourgee, Trogden, Tucker, Turner, Watts and Welker--77.

        Those who voted in the negative are:

        Messrs. Bradley, Candler, Daniel, Durham, Ellis, Etheridge, Graham of Orange, Gunter, Hall, Hare, Hodnett, Hoffler, Hollowell, Holt, King of Lincoln, Lennon, Marshall, McCubbins, Merritt, McDonald of Chatham, Morton, Newsom, Petree, Rich, Smith, and Williams of Wake--26.

        The section as amended was adopted.

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        Section 2d was read and put upon its final passage.

        Mr. Durham offered to amend so as to require the Governor and Lieutenant Governor to have been a citizen of the United States twenty years, and a citizen of North-Carolina five years and shall be able to read and write.

        The yeas and nays were demanded and the amendment was lost by the following vote.

        Those who voted in the affirmative are:

        Messrs. Bradley, Durham, Ellis, Graham of Orange, Hall, Hare, Hodnett, Hoffler, Hollowell, Holt, Lennon, Marshall, McCubbins and Merritt--14.

        Those who voted in the negative are:

        Messrs. Abbott, Andrews, Ashley, Aydlott, Barnes, Blume, Bryan, Carey, Candler, Cherry, Chilson, Congleton, Cox, Dickey, Duckworth, Eppes, Fisher, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Garland, George, Graham of Montgomery, Grant, of Wayne, Grant of Northampton, Gunter, Harris of Franklin, Hayes, of Robeson, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hood, Hyman, Ing, Jones of Caldwell, Jones of Washington, King of Lincoln, Kinney, Laflin, Logan Long, Mann, Mayo, McDonald of Chatham, McDonald of Moore, Moore, Morton, Mullican, Murphy, Nance, Newsom, Nicholson, Parker, Parks, Petree, Pierson, Pool, Ragland, Read, Renfrow, Rhodes, Rich, Rodman, Smith, Stilly, Stilwell, Sweet, Taylor, Teague, Tourgee, Trogden, Tucker, Turner, Watts, Welker and Williams of Wake--81.

        Mr. Holt moved to amend by inserting "be required to have a free-hold in the State of the value of two thousand dollars."

        The yeas and nays were demanded and the amendment was lost by the following vote:

        Those who voted in the affirmitive are:

        Messrs. Bradley, Daniel, Durham, Ellis, Graham of Orange, Hall, Hare, Hodnett, Hollowell, Holt, Lennon, Marshall, McCubbins, Merritt and Rich--15.

        Those who voted in the negative are:

        Messrs. Abbott, Andrews, Ashley, Blume, Bryan, Carey, Candler, Congleton, Cox, Dickey, Duckworth, Eppes, Etheridge,

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Forkner, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Garland, George, Glover, Grant of Wayne, Grant of Northampton, Gunter, Harris of Wake, Harris of Franklin, Hayes of Robeson, Hayes of Halifax, Heator, Highsmith, Hobbs, Hoffler, Hood, Hyman, Ing, Jones of Caldwell, Jones of Washington, King of Lincoln, Kinney, Laflin, Lee, Logan, Long, Mann, May, Mayo, McDonald of Chatham, McDonald of Moore, Moore, Mullican, Murphy, Nance, Newsom, Nicholson, Patrick, Parker, Parks, Petree, Pierson, Pool, Ragland, Ray, Read, Renfrow, Rhodes, Rodman, Smith, Stilly, Stilwell, Sweet, Taylor, Teague, Tourgee Trogden, Tucker, Turner, Watts, Welker and Williams of Wake--80.

        Mr. Ashley moved the adoption of section 2d, as read and called the previous question which was sustained and the section was adopted.

        Section 3d was read and adopted.

        Section 4th was read.

        Mr. Graham moved to strike out the word "laws" on the 5th line.

        The yeas and nays was demanded, and the motion was lost by the following vote:

        Those who voted in the affirmative are:

        Messrs. Abbott, Ashley, Bradley, Cherry, Daniel, Durham, Ellis, Etheridge, Fisher, French of Bladen, George, Graham of Orange, Grant of Wayne, Hall, Hare, Harris of Wake, Harris of Franklin, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hodnett, Hollowell, Holt, Jones of Caldwell, Jones of Washington, King of Lincoln, Laflin, Lennon, Logan, Marshall, Merritt, Moore, Parker, Pierson, Read, Rhodes, Rich, Rodman, Stilly, Sweet, and Taylor--42.

        Those who voted in the negative are:

        Messrs. Andrews, Barnes, Blume, Bryan, Carey, Candler, Chillson, Congleton, Cox, Dickey, Duckworth, Forkner, Franklin, French of Rockingham, French of Chowan, Fullings, Gahagan, Garland, Glover, Graham of Montgomery, Gunter, Hayes of Robeson, Hood, Hyman, Ing, Kinney,

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Long, Mann, May, Mayo, McCubbins, McDonald of Chatham, McDonald of Moore, Morton, Mullican, Murphy, Nance, Newsom, Nicholson, Parks, Petree, Pool, Ragland, Renfrow, Smith, Stillwell, Teague, Tourgee, Trogden, Tucker, Turner, Watts, Welker and Williams of Wake--54.

        Sections 4th, 5th, 6th, 7th, 8th, 9th, and 10th were read and adopted.

        Mr. Rich moved to insert a section relative to the veto power.

        Mr. Ashley moved to lay the section on the table.

        Mr. Andrews moved to adjourn.

        The motion was not sustained.

        Mr. Ashley renewed his motion, to lay on the table, which motion was sustained.

        Section 11th was read.

        Mr. Tourgee moved to amend by striking out "by virtue of his office."

        The amendment was adopted.

        The section as amended was adopted.

        Section 12th was taken up.

        Mr. Rodman moved to amend by striking out the words, "Impeachment of the Governor" on 1st and 2d lines, and insert" Conviction of the Governor on Impeachment."

        The amendment was lost.

        The section as read, was,

        On motion, adopted.

        The following Committee was appointed by the Chair, on Re-districting the State:

  • 1st District, Laflin,
  • 2d District, Etheridge,
  • 3d District, Fisher,
  • 4th District, Harris, of Wake,
  • 5th District, Trogden,
  • 6th District, Hobbs,
  • 7th District, Logan.

        Section 13th of the Executive Department was taken up, and,

        On motion, was adopted.

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        Section 14th was read.

        Mr. Rich moved to strike out "ex offici o," in the 3d and 12th lines.

        The motion did not prevail.

        Mr. Tourgee moved to strike out "against" and insert "from" on 9th line.

        The amendment was sustained, and the section as amended was adopted.

        Section 15th was read and adopted.

        Section 16th was read and adopted.

        Section 17th was read.

        Mr. Rich moved to amend by striking out the word "of" before agriculture and immigration.

        The amendment was carried.

        The section as amended was adopted.

        Mr. Durham offered the following as section 18th:

        SEC. 18. No person of African descent or of mixed blood, shall be eligible to the office of Governor, Lieutenant Governor, or any other Executive office.

        The section was put to the House and the yeas and nays were demanded.

        The section was lost by the following vote:

        Those who voted in the affirmative are:

        Messrs. Durham, Ellis, Etheridge, Graham of Orange, Hall, Hare, Holt, Lennon, Marshall, McCubbins, and Merritt--11.

        Those who voted in the negative are:

        Messrs. Abbott, Andrews, Barnes, Blume, Bradley, Bryan, Carey, Candler, Cherry, Chillson, Congleton, Cox, Dickey, Duckworth, Eppes, Fisher, Forkner, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Garland, George, Graham of Montgomery, Grant of Wayne, Grant of Northampton, Gunter, Harris of Wake, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hollowell, Hood, Hyman Ing, Jones, of Caldwell, Jones, of Washington, King of Lenoir, Kinney, Laflin, Lee, Legg, Logan, Long, Mann, May, Mayo, McDonald of Chatham, McDonald, of Moore, Moore, Mullican, Murphy, Nance,

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Newsom, Nicholson, Parker, Parks, Petree, Pierson, Pool, Ragland, Ray, Read, Renfrow, Rhodes, Rich, Rodman, Smith, Stilly, Stilwell, Taylor, Teague, Tourgee, Trogden, Tucker, Turner, Watts, Welker and Williams of Wake--83.

        On motion the House adjourned.

SATURDAY, FEBRUARY 8TH, 1868.

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

        Prayer by the Rev. Mr. Logan.

        The President announced a quorum.

        The Journal of Friday was read and approved.

        Mr. McDonald, of Moore, presented a petition of divorce.

        Referred to a special committee of three on divorces.

        Mr. Abbott presented a petition for "relief" from Mr. Pearsall, of Duplin County.

        Refered to the Committee on the Judicial Department.

        Mr. Legg presented a petition for relief from Cooper Huggins, of Wilmington, North-Carolina.

        Referred to the Committee of three to confer with General Canby.

        The Committee on Privileges and Elections, to whom was referred the case of the election in the district composed of the Counties of Alleghany, Ashe, Surry, Yadkin and Watauga, respectfully report.

        That by the official report John M. Marshall received 1123 votes, while John G. Marler, who at present holds a seat in this Convention, received 1030 votes; thereby entitling Marshall to a seat. The Committee therefore recommend that the Secretary of this Convention ask the attention of Major-General Canby to those facts, and if, on examination the record be as appears, to admit the said John Mr. Marshall to his seat. The Committee also report that there were 155 votes reported for James G. Marler and also 110 votes reported for Marion Marshall, and ask General Canby's attention to the same.

        On motion the report was accepted.

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        The Committee on Privileges and Elections, also reported on the election in Sampson County.

        Mr. Durham moved to lay the report on the table.

        The motion was not sustained.

        On motion of Mr. Pool, the report was recommitted to the Committee on Privileges and Elections with instructions to send for persons and papers.

        The Committee on Enrollment respectfully report that they have examined the ordinance entitled "an ordinance reducing the amount of bonds authorized to be issued by the Wilmington Charlotte and Rutherford Rail Road Company," and find it to be properly enrolled.

C. C. POOL, Chairman.


        On motion the report was accepted.

        Mr. C. C. Jones, Chairman of the Committee on Homesteads, to whom was referred the ordinance of Mr Franklin, of Wake, "for the relief of the people," reports that the Committee have considered the ordinance in connection with their report on Homestead and beg to be discharged.

        On motion the report was accepted, and the Committee discharged from a further consideration of the subject.

        Mr. Jones, Chairman of the Committee on Homesteads reported.

        The report was accepted.

        The report of the Committee on the Judicial Department was received and made a special order for Tuesday at 11 o'clock.

        Leave of absence was granted

        Mr. McCubbins until Monday next.

        Mr. Holt until Tuesday next.

        Mr. Baker until Wednesday next.

        Mr. Sweet introduced the following resolution:

        Resolved, That the following rule be adopted as Rule 41, of the rules regulating the proceedings of this Convention, to wit:

        Rule 41. All reports of Committees embracing propositions pertaining to the formation of a Constitution shall be read

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three several times, of which readings the first shall be for information only. The second for consideration and the third after engrossment and final consideration and adoption. The yeas and nays shall be entered upon the Journal, on the second and third readings of reports as above designated.

        On motion the rules were suspended and the resolution adopted.

        Mr. Bradley introduced an ordinance in favor of J. C. Jones, Sheriff of Alleghany County.

        Lies over under the rules.

        On motion the resolution of Mr. Congleton on relief, was referred to a special Committee of five.

        A petition was received from the citizens of Wilkes.

        Referred to the Committee on the Judicial Department.

        The hour of 12 having arrived, the House proceeded to take up the following report of the Committee on a Preamble and Bill of Rights:

REPORT OF THE STANDING COMMITTEE ON
PREAMBLE AND BILL OF RIGHTS.

PREAMBLE.

        We, the people of the State of North-Carolina, grateful to Almighty God, the Sovereign Ruler of Nations, for the preservation of the American Union, and the existence of our civil, political and religious liberties, and acknowledging our dependence upon Him for the continuance of those blessings to us and our posterity, do, for the more certain security thereof, and for the better government of this State, ordain and establish this Constitution:

ARTICLE I.
DECLARATION OF RIGHTS.

        That the general, great and essential principles of liberty and free government may be recognized and established, and

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that the relations of this State to the Union and government of the United States, and those of the people of the State to the rest of the American people, may be defined and affirmed, we do declare--

        SECTION 1. That we hold it to be self-evident, that all men are endowed by their Creator with certain inalienable rights, among which are life, liberty, the enjoyment of the fruits of their own labor, and the pursuit of happiness.

        SEC. 2. That all political power is vested in and derived from the people; that all government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.

        SEC. 3. That the people of this State have the inherent, sole and exclusive right of regulating the internal government and police thereof, and of altering and abolishing their Constitution and form of government, whenever it may be necessary to their safety and happiness; but every such right should be exercised in pursuance of law, and consistently with the Constitution of the United States.

        SEC. 4. That this State shall ever remain a member of the American Union; that the people thereof are part of the American nation; that there is no right on the part of this State to secede, and that all attempts, from whatever source or upon whatever pretext, to dissolve said Union, or to sever said nation, ought to be resisted with the whole power of the State.

        SEC. 5. That every citizen of this State owes paramount allegiance to the Constitution and government of the United States, and that no law or ordinance of the State, in contravention or subversion thereof, can have any binding force.

        SEC. 6. To maintain the honor and good faith of the State untarnished, the public debt regularly contracted before and since the rebellion shall be regarded as inviolable and never questioned; but the State shall never assume or pay any debt or obligation, express or implied, incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave.

        SEC. 7. No man or set of men are entitled to exclusive or

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separate emoluments or privileges from the community but in consideration of public services.

        SEC. 8. The legislative, executive, and supreme judicial powers of government ought to be forever separate and distinct from each other.

        SEC. 9. All power of suspending laws, or the execution of laws, by any authority, without the consent of the representatives of the people, is injurious to their rights, and ought not to be exercised.

        SEC. 10. All elections ought to be free.

        SEC. 11. In all criminal prosecutions, every man has a right to be informed of the accusation against him, and to confront the accusers and witnesses with other testimony, and to have counsel for his defence, and shall not be compelled to give evidence against himself.

        SEC. 12. No person shall be put to answer any criminal charge, except as hereinafter allowed, but by indictment, presentment, or impeachment.

        SEC. 13. No person shall be convicted of any crime, but by the unanimous verdict of a jury of good and lawful men, in open court. The Legislature may, however, provide other modes of trial for petty misdemeanors, with the right of appeal.

        SEC. 14. Excessive bail should not be required, nor excessive fines imposed, nor cruel, nor unusual punishments inflicted.

        SEC. 15. General warrants, whereby any officer or messenger may be commanded to search suspected places without evidence of the fact committed, or to seize any person or persons not named, whose offence is not particularly described and supported by evidence, are dangerous to liberty, and ought not to be granted.

        SEC. 16. No person ought to be taken, imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the law of the land.

        SEC. 17. Every person, restrained of his liberty, is entitled to a remedy to inquire into the lawfulness thereof, and to remove

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the same, if unlawful, and such remedy ought not to be denied or delayed.

        SEC. 18. In all controversies at law respecting property, the ancient mode of trial by jury is one of the best securities of the rights of the people, and ought to remain sacred and inviolable.

        SEC. 19. The freedom of the press is one of the great bulwarks of liberty, and therefore ought never to be restrained.

        SEC. 20. The privilege of the writ of habeas corpus shall not be suspended in this State.

        SEC. 21. The people of this State ought not to be taxed or made subject to the payment of any impost or duty, without the consent of themselves, or their representatives in General Assembly, freely given.

        SEC. 22. The people have a right to bear arms for the defence of the State; and, as standing armies in time of peace are dangerous to liberty, they ought not to be kept up; and the military should be kept under strict subordination to, and governed by, the civil power.

        SEC. 23. The people have a right to assemble together to consult for their common good, to instruct their representatives, and to apply to the Legislature for redress of grievances.

        SEC. 24. All men have a natural and inalienable right to worship Almighty God according to the dictates of their own consciences; that no human authority can, in any case whatever, control or interfere with the rights of conscience.

        SEC. 25. For redress of grievances, and for amending and strengthening the laws, elections ought to be often held.

        SEC. 26. A frequent recurrence to fundamental principles is absolutely necessary to preserve the blessings of liberty.

        SEC. 27. No hereditary emoluments, privileges, or honors, ought to be granted or conferred in this State.

        SEC. 28. Perpetuities and monopolies are contrary to the genius of a free State, and ought not to be allowed.

        SEC. 29. Retrospective laws, punishing facts committed before the existence of such laws, and by them only declared criminal, are oppressive, unjust, and incompatible with liberty; wherefore, no ex post facto law ought to be made.

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        SEC. 30. Slavery and involuntary servitude otherwise than for crimes, whereof the parties shall have been duly convicted, shall be, and is hereby forever prohibited within this State.

        SEC. 31. The limits and boundaries of the State shall be and remain as they now are.

        SEC. 32. All courts shall be open, and every person, for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay.

        SEC. 33. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner to be prescribed by law.

        SEC. 34. This enumeration of rights shall not be construed to impair or deny others retained by the people, and all powers not herein delegated, remain with the people.

DAVID HEATON, Chairman.

J. H. HARRIS,

WM. NICHOLSON,

JOHN R. FRENCH,

JOHN M. PATRICK,

GEO. W. GAHAGAN,

C. C. POOL,

A. W. FISHER,

J. H. BAKER,

SYLVESTER CARTER,

JULIUS S. GARLAND,

JASPER ETHERIDGE.


        The report passed the first reading.

        On the second reading, Mr. Heaton moved to amend section first by inserting between the words "are" and "endowed," in the second line, the words "created equal; that they are."

        Mr. Tourgee offered the following amendment:

        Strike out "that we hold it to be self evident," in line first, also in line second, strike out "are endowed by their creator with certain inalienable rights," and insert, "are created free and equal in rights, certain of which are inalienable."

        Mr. Tourgee withdrew his amendment.

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        Mr. Nicholson submitted the following as a substitute:

        SECTION 1st. That all men are born free and equal in natural rights, some of the rights are inalienable, and among them the right to life, to liberty, to property, and to the pursuit of happiness, none of which can rightfully be surrendered or taken away, or abridged in respect to any person, except in such measure as may be necessary to reconcile them with the equal rights of others, or in punishment for crime.

        After considerable discussion, Mr. Harris, of Wake, moved the previous question.

        The yeas and nays were demanded, and the substitute was lost by the following vote, yeas 10, nays 83:

        Those who voted in affirmative are:

        Messrs. Hare, Hodnett, Hollowell, Jones of Washington, Lennon, Merritt, Nicholson, Parker, Tourgee and Welker--10.

        Those who voted in the negative are:

        Messrs. Abbott, Andrews, Ashley, Blume, Bradley, Bryan, Carey, Candler, Cherry, Chillson, Congleton, Cox, Dickey, Duckworth, Durham, Ellis, Eppes, Etheridge, Fisher, Forkner, Franklin, French of Bladen, French of Rockingham, Fullings, Gahagan, Garland, George, Glover, Graham of Montgomery, Graham of Orange, Grant of Northampton, Gully, Gunter, Harris of Wake, Harris of Franklin, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hoffler, Hood, Hyman, Ing, Jones of Caldwell, King of Lincoln, King of Lenoir, Kinney, Laflin, Lee, Logan, Long, Mann, May, Mayo, Marshall, McDonald of Chatham, McDonald of Moore, Moore, Morton, Mullican, Murphy, Nance, Newsom, Parks, Petree, Pierson, Pool, Ragland, Ray, Renfrow, Rhodes, Rich, Rodman, Smith, Stilly, Stilwell, Sweet, Taylor, Teague, Tucker, Turner, Watts and Williams of Wake--83.

        The question recurred on the amendment of Mr. Heaton, which,

        On motion, was adopted.

        Mr. Heaton also moved to amend by inserting in the third line, between "rights and among," the word "that;" also, to strike out "which" and insert "these,"

        Which amendments were sustained.

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        Mr. Heaton also moved to amend by striking out the word "inalienable," and insert the word "unalienable."

        The amendment was agreed to.

        On motion, section first, as amended, was adopted.

        On motion, the House adjourned.

MONDAY FEBRUARY 10TH, 1868.

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

        Prayer by the Rev. G. W. Welker.

        The President announced a quorum.

        The Journal of Saturday was read and approved.

        A communication from a Committee on Education in Richmond, Virginia, was read, and,

        Referred to the Committee on Education.

        Mr. Durham introduced the following preamble and resolution:

        WHEREAS, It is a matter of common rumor that corrupting influences have been used to secure the passage of certain ordinances which have been passed by this Convention; and whereas, if these rumors are true, it is the duty of this body to ascertain who are the guilty parties, and expose said corruption; therefore,

        Be it resolved, That a Select Committee of three members be appointed by the President, whose duty it shall be to ascertain and report whether corrupting influences have been used to secure the passage of any ordinance, which has been passed by this Convention, and if so, the names of the guilty parties, and all the facts connected therewith. The said Committee shall have power to send for persons and papers, administer oaths and examine witnesses.

        On motion, the rules were suspended and the resolution adopted.

        Mr. Abbott introduced the following resolution:

        Be it resolved by this Convention, That the thanks of the people of North-Carolina are due and are hereby tendered to

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General Nelson A. Miles, the Assistant Commissioner for the Freedman's Bureau in this State, for the efficient, impartial and faithful manner in which he has discharged his duties.

        Resolved, That the Secretary of the Convention transmit a copy of this resolution to General Miles.

        On motion, the rules were suspended and the resolutions adopted.

        Mr. Abbott introduced a resolution in relation to the previous question.

        Lies over under the rules.

        Mr. Tourgee introduced a resolution in relation to the session of the Convention.

        Lies over under the rules.

        Mr. Abbott moved that when this Convention adjourns, it adjourns to meet at 7½ o'clock, P. M.

        The motion was not sustained.

        Mr. Tourgee, Chairman of the Committee on Counties, Towns, &c., reported that the Committee have considered the ordinance introduced by Mr. Jones, of Washington, entitled "an ordinance to amend section second of an act of the Legislature to incorporate the town of Columbia, in County of Tyrrell," and recommend that it should pass.

        The report was adopted, and the ordinance, as follows, was adopted:

        Be it ordained by the people of North-Carolina, in Convention assembled, That section second of the act of the Legislature passed in 1866-'67, entitled "An act to incorporate the town of Columbia, in the County of Tyrrell," be so amended as to read:

        "That the said town of Columbia, shall be embraced within the following boundaries in the County of Tyrrell, to wit: Beginning at the Ferry wharf on the east side of Scuppernong river, thence running up the said river south fifty poles, then east one hundred and twenty-five poles, then north one hundred poles, then west one hundred and twenty-five poles, to the river, then by the river edge to the beginning.

        The resolution of Mr. Welker, regarding the distillation of grain, was,

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        On motion, referred back to the House, and placed on the Calendar.

        The resolution of Mr. Welker regarding the liabilities of Banking Institutions,

        Was ordered to be printed, and laid over until Tuesday.

        The ordinance of Mr. McDonald, of Chatham, to levy a tax of seventy five per centum upon old debts, was taken up.

        Mr. Graham, of Orange, moved to postpone the ordinance indefinitely.

        Mr. McDonald demanded the yeas and nays.

        The motion was carried by the following vote, yeas 72, nays 13:

        Those who voted in the affirmative are:

        Messrs. Abbott, Ashley, Barnes, Benbow, Blume, Bradley, Bryan, Carey, Candler, Colgrove, Congleton, Cox, Daniel, Dickey, Duckworth, Durham, Ellis, Etheridge, Fisher, Forkner, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Garland, George, Glover, Graham of Orange, Grant of Wayne, Grant of Northampton, Gully, Hare, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hodnett, Hoffler, Hollowell, Hood, Hyman, Ing, Jones of Caldwell, Jones of Washington, King of Lincoln, King of Lenoir, Kinney, Lee Lennon, Logan, Mann, May, Mayo, Marshall, Mullican, Nicholson, Parker, Parks, Petree, Ray, Renfrow, Rhodes, Robbins, Rodman, Stilly, Sweet, Teague, Tourgee, Trogden, Tucker and Williams of Wake--72.

        Those who voted in the negative are:

        Messrs. Graham of Montgomery, Gunter, Harris of Wake, Hayes, of Robeson, Laflin, Legg, Long, McDonald of Chatham, McDonald of Moore, Murphy, Nance, Rich and Taylor--13.

        The following resoltuion of Mr. Petree was adopted:

        Resolved, That a Committee of three be appointed to draw up a memorial to be sent to the Congress of the United States praying that the revenue tax on tobacco be reduced, setting forth the reason therefore.

        The resolution of Mr. Rodman for the relief of the sheriff of Halifax County, was referred to a Committee comprising the delegates of Halifax.

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        The resolution of Mr Bradley in favor of the sheriff of Alleghany County, was,

        On motion, tabled.

        On motion, the report of the Committee on Suffrage was postponed until Wednesday, at 11 o'clock, A. M.

        The hour of 12 having arrived, the preamble of the report of the Committee on a Preamble and Bill of Rights was taken up.

        The preamble was read.

        Mr. Graham, of Orange, moved to amend by striking out the words "and the existence" in 3rd line and insert "imploring the restoration."

        The amendment was not adopted.

        The preamble as read was adopted.

        The caption of article 1st was read.

        Mr. Welker moved to amend by striking out the words "general great and" in line 1st; also in the 2d line the words "reorganized and"; also the words "and affirmed" in the 6th line.

        The amendments were lost.

        The caption as read was then adopted.

        On motion of Mr. Heaton the report of the committee was postponed until Thursday at 11 o'clock, and made the special order for that time.

        On motion of Mr. Abbott the following report of the Committee on Militia was placed upon it final reading and passage:

MILITIA.

        SECTION 1. All able-bodied male citizens of the State of North-Carolina, between the ages of twenty-one and forty years, who are citizens of the United States, shall be liable to duty in the Militia: Provided, That all persons who may be adverse to bearing arms from religious scruples shall be exempt therefrom.

        SEC. 2. The General Assembly shall provide for the organizing,

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arming, equiping, and discipline of the Militia, and for paying the same when called into active service.

        SEC. 3. The Governor shall be Commander-in-Chief, and have power to call out the Militia to execute the law, suppress riots or insurrections.

        SEC. 4. The General Assembly shall have power to make such exemptions as may be deemed necessary, and to enact laws that may be expedient for the government of the Militia.

        Mr. Graham, of Orange, moved to amend section 1st, by adding after the word "Militia" in 4th line, "but white and colored persons shall be organized into separate commands, and no white man shall ever be required to obey a negro officer."


        After considerable discussion the question was called and the yeas and nays demanded.

        The amendment was lost by the following vote:

        Those who voted in the affirmative are:

        Messrs. Bradley, Durham, Ellis, Graham, of Orange, Hall, Hare, Hodnett, Marshall, and Merritt--9.

        Those who voted in the negative are:

        Messrs. Abbott, Andrews, Ashley, Barnes, Bryan, Carey, Cherry, Chillson, Congleton, Cox, Daniel, Dickey, Duckworth, Eppes, Etheridge, Fisher, Forkner, Franklin, French of Bladen, French of Rockingham, French of Chowan, Gahagan, Galloway, Garland, George, Glover, Graham of Montgomery, Grant of Wayne, Grant of Northampton, Gully, Gunter, Harris of Wake, Harris of Franklin, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hoffler, Hood, Hyman, Ing, Jones of Washington, King of Lincoln, King of Lenoir, Kinney, Laflin, Lee, Legg, Logan, Long, Mann, May, Mayo, McDonald of Chatham, McDonald of Moore, Moore, Morton, Mullican, Murphy, Newsom, Parks, Petree, Pierson, Ragland, Ray, Renfrow, Rhodes, Rich, Robbins, Rodman, Smith, Stilly, Stilwell, Sweet, Taylor, Teague, Tourgee, Tucker, Turner, Watts, Welker and Williams of Wake--83.

        The section as read was then adopted.

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        Section 2d, 3d and 4th as read were adopted.

        On motion of Mr. Jones, of Washington, the following report of the Committee on Corporations other than Municipal, was taken up, and passed its first reading:

REPORT OF THE COMMITTEE ON CORPORATIONS
OTHER THAN MUNICIPAL.

        The Committee on Corporations beg leave to submit the following Report:

        SECTION 1. Corporations may be formed under general laws, but shall not be created by special act, except for municipal purposes, and in cases where, in the judgment of the Legislature, the objects of the corporations cannot be attained under general laws. All general laws and special acts passed, pursuant to this section, may be altered from time to time or repealed.

        SEC. 2. Dues from corporations shall be secured by such individual liabilities of the corporations and other means as may be prescribed by law.

        SEC. 3. The term corporation as used in this article, shall be construed to include all associations and jointstock companies having any of the powers and privileges of corporations not possessed by individuals or partnership, and all corporations shall have the right to sue, and shall be subject to be sued in all courts in like cases as natural persons.

        SEC. 4. The Legislature shall have no power to pass any act granting any special charter for banking purposes; but corporations or associations may be formed for such purposes under general laws.

        SEC. 5. The Legislature shall have no power to pass any law sanctioning in any manner, directly or indirectly, the suspension of specie payments, by any person, association or corporation issuing bank notes of any description.

        SEC. 6. The Legislature shall provide by law for the registry of all bills or notes issued or put in circulation as money,

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and shall require ample security for the redemption of the same in specie

        SEC. 7. The Stockholders in every corporation and jointstock association for banking purposes, issuing bank notes or any kind of paper credits to circulate as money, shall be individually responsible to the amount of their respective share or shares of stock in any such corporation or association for all its debt and liabilities of every kind.

        SEC. 8. In case of the insolvency of any bank or banking association, the bill holders thereof shall be entitled to preference in payment over all other creditors of such bank or association.

        SEC. 9. No bank shall receive, directly or indirectly, a greater rate of interest than shall be allowed by law to individuals lending money.

        SEC. 10. The State shall not be a stockholder in any bank, nor shall the credit of the State ever be given or lent to any banking company, association or corporation, except for the purpose of expediting the construction of railroads or works of internal improvement within this State, and the credit of the State shall in no case be given or lent, without the approval of both Houses of the General Assembly.

        SEC. 11. It shall be the duty of the Legislature to provide for the organization of cities, towns and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments, and in contracting debt by such municipal corporation.

E. W. JONES, Chairman,

WM. MERRITT,

W. A. B. MURPHY,

GEORGE W. DICKEY,

GEORGE TUCKER,

J. H. KING,

R. C. PARKER,

H. T. GRANT,

E. M. HOLT.

J. T. HARRIS,

JAMES HAY,

S. S. ASHLEY.


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        On the second reading section 1st was taken up, and,

        On motion, was adopted.

        Sections 2d and 3d were read and adopted.

        On motion the balance of the report was made a special order for Friday at 11 o'clock.

        On motion the House adjourned.

TUESDAY, FEBRUARY 11TH, 1868.

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

        Prayer by the Rev. Mr. Lennon.

        The President announced a quorum.

        The Journal of Monday was read and approved.

        On motion of Mr. Jones, of Washington, the following committee of three were appointed to wait on Major General Canby, Military Commandant of this district, and tender him the compliments of this Convention, and invite him to visit it whenever it may suit his pleasure:

        Messrs. E. W. Jones, Read, and Grant, of Wayne.

        The following committee were appointed in accordance with the resolution of Mr. Durham passed Monday:

        Messrs. Durham, Ashley and Harris, of Wake.

        Mr. Graham, of Orange introduced a petition of divorce.

        Referred to the Special Committee on Divorce.

        Mr. Ray presented a petition from the citizens of Alamance.

        Referred to the Committee of three on the distillation of grain.

        Mr. Franklin presented a petition of divorce of Esther V. Todd.

        Referred to the Committee on Divorce.

        Mr. Harris of Wake, introduced the following preamble and resolution:

        WHEREAS, It is a matter of common rumor that Plato Durham, delegate "so called" from Cleveland, obtained his election by the dishonorable use of "certain official communications

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of the Freedman's Bureau surreptitiously obtained; and, whereas it those rumors are true, it is the duty of this body to expose and purge itself of this corruption, therefore, be it:

        Resolved, That a Select Committee of three members be appointed by the President, whose duty it shall be to ascertain and report whether such corrupting procedure was adopted to secure the election of said Plato Durham as a delegate to this Convention, and if so that all the facts connected therewith, to the end that the delegate "so called" may be dealt with.

        The rules were suspended.

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

        The motion was lost.

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

        The motion was not sustained.

        The resolution was then adopted.

        The same committee to whom was referred the resolution of Mr. Tourgee in relation to the staying of certain debts, reported it back to the Convention, without recommendation, since its purpose is comprehended in another resolution, and asked to be discharged from a further consideration.

        The report was on motion adopted.

        The same committee to whom was referred the resolution of Mr. Ragland on relief, reported that they have transmitted the same to Major-General Canby, and asked to be discharged from the further consideration of the subject.

        The report was adopted.

        The same committee to whom was referred the petition of Cooper Haggins, presented by Mr. Legg of Brunswick, report the petition back to the Convention and asked to be discharged from the further consideration thereof.

        The report was adopted.

        Mr. Harris, of Wake, introduced an ordinance prohibiting, for a limited sum, the sale of property under mortgage or deed of trust.

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        Referred to the Committee on Relief, with instructions to report at an early day.

        Leave of absence was granted,

        Mr. Turner until Friday next, and,

        Mr. Hood from Thursday until Monday next.

        Mr. Harris, of Wake, introduced a resolution limiting debate.

        Lies over under the rules.

        Mr. Jones, of Washington, Chairman of the Committee to wait on General Canby, reported that they had called upon the General, and he stated to them that he would take pleasure in visiting the Convention on Wednesday at 11 o'clock.

        The following report of the Committee on the Judicial Department was taken up for consideration:

        The undersigned members of the Committee on the Judicial Department respectfully report:

        That there exists among the members of the Committee wide differences of opinion on fundamental points respecting the proper organization of the Judicial Department of the State government.

        The most essential points of difference are two:

        1st. In respect to the mode of appointing Judges. Some gentlemen think they should be elected by the people; others by the General Assembly; and still others, that they should be appointed by the Governor, with the consent of the Senate or of the General Assembly.

        2d. In respect to retaining or abolishing the distinction between action and suits in Equity, some gentlemen think such distinction should be abolished, and that there should be but one form of civil action.

        It is not intended now to present any argument for or against any of these views, or even to express the opinions of the undersigned respecting them; but merely to state them.

        If the opinion of the Convention can be obtained on these two points, the undersigned are of opinion that the Committee will have no further difficulty of agreeing substantially upon a plan for the organization of the Judicial Department of the government.

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        For the purpose of obtaining an expression of the opinion of the Convention, the undersigned herewith submit, in the shape of resolutions, affirmatives of each different view. A vote of the Convention either way, upon any one of these, will be received as a guide to the Committee upon the matter concerned, covered by the resolution, and they can then proceed to frame a plan of organization conformably.

WILL. B. RODMAN,

S. W. WATTS,

C. C. JONES,

A. W. TOURGEE,

G. W. WELKER,

A. W. FISHER,

R. W. KING,

W. H. S. SWEET,

T. L. L. COX,

E. B. TEAGUE.


        1. Resolved, That it is the sense of this Convention; That the distinctions between actions at law and suits in Equity, and the forms of all such actions and suits shall be abolished, and there should be but one form of civil action.

        2. Resolved, That it is the sense of this Convention; That the distinction between actions at law and suits in Equity, now existing should not be abolished.

        1. Resolved, That it is the sense of this Convention; That Judges of the Supreme and Superior Courts of the State should be elected by the people.

        2. Resolved, That it is the sense of this Convention; That Judges of the Supreme and Superior Courts should be elected by the General Assembly.

        3. Resolved, That it is the sense of this Convention; That the Judges of the Supreme and Superior Courts should be appointed by the Governor, with the consent of the Senate, or of the General Assembly.

        The resolutions in relation to the Supreme and Superior Court Judges was first taken up.

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        Mr. Heaton moved to substitute section third for section first.

        Mr. Jones, of Washington, moved to amend by substituting section second for section third.

        The yeas and nays were demanded.

        The section was not adopted by a vote of yeas 30, nays 72.

        Those who voted in the affirmative are:

        Messrs. Abbott, Bradley, Daniel, Ellis, Eppes, Etheridge, Fisher, Forkner, Graham of Orange, Grant of Wayne, Grant of Northampton, Hall, Hare, Harris of Franklin, Hayes of Halifax, Hodnett, Hollowell, Holt, Jones of Caldwell, Jones of Washington, King of Lincoln, King of Lenoir, Laflin, Lennon, Marler, McDonald of Moore, Nicholson, Parker, Pool and Read--30.

        Those who voted in the negative are:

        Messrs. Andrews, Ashley, Barnes, Benbow, Bryan, Carey, Candler, Cherry, Chillson, Congleton, Cox, Dickey, Duckworth, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Galloway, Garland, George, Glover, Graham of Montgomery, Gully, Gunter, Harris of Wake, Hayes of Robeson, Heaton, Highsmith, Hobbs, Hoffler, Hood, Hyman, Ing, Kinney, Lee, Legg, Logan, Long, Mann, May, Mayo, Moore, Morton, Mullican, Murphy, Nance, Newsom, Parks, Petree, Peterson, Pierson, Ragland, Ray, Renfrow, Rhodes, Rich, Robbins, Rodman, Rose, Smith, Stilwell, Sweet, Taylor, Teague, Tourgee, Trogden, Tucker, Watts, Welker and Williamson--72.

        The question recurring on section third,

        The yeas and nays were demanded, and resulted yeas 38, nays 63.

        Those who voted in the affirmative are:

        Messrs. Abbott, Bradley, Ellis, Eppes, Etheridge, Forkner, French of Bladen, French of Chowan, Graham of Orange, Hall, Hare, Harris of Wake, Harris of Franklin, Hayes of Halifax, Heaton, Hodnett, Hollowell, Holt, Hood, Hyman, Jones of Caldwell, Jones of Washington, King of Lincoln, Laflin, Legg, Lennon, Mann, Mayo, Marshall, McDonald, of

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Moore, Nicholson, Parker, Pool, Read, Renfrow, Robbins, Rodman, and Sweet--38.

        Those who voted in the negative are:

        Messrs. Andrews, Ashley, Barnes, Benbow, Bryan, Carey, Candler, Cherry, Chillson, Congleton, Cox, Dickey, Duckworth, Fisher, Franklin, French of Rockingham, Fullings, Gahagan, Garland, George, Glover, Graham of Montgomery, Grant of Wayne, Grant of Northampton, Gully, Gunter, Hayes of Robeson, Highsmith, Hobbs, Hoffler, Ing, King of Lenoir, Kinney, Lee, Logan, Long, May, Moore, Morton, Mullican, Murphy, Nance, Newsom, Parks, Petree, Peterson, Pierson, Regland, Ray, Rhodes, Rich, Rose, Smith, Stilly, Stilwell, Taylor, Teague, Tourgee, Trogden, Tucker, Watts, Welker and Williamson--63.

        The section was lost.

        Section first was then taken up and divided.

        The following portion of the section was taken up for consideration:

        "That the Judges of the Supreme Courts of the State should be elected by the people."

        On motion, it was adopted, yeas 56, nays 34.

        Those who voted in the affirmative are:

        Messrs. Andrews, Ashley, Barnes, Bryan, Carey, Candler, Chillson, Congleton, Cox, Dickey, Duckworth, Franklin, French of Rockingham, Fullings, Gahagan, Garland, George, Glover, Graham of Montgomery, Gully, Gunter, Heaton, Highsmith, Hoffler, Hood, Ing, Kinney, Lee, Logan, Mann, May, Mayo, Mullican, Murphy, Newsom, Parks, Petree, Peterson, Pierson, Ragland, Ray, Renfrow, Rhodes, Rich, Rose, Smith, Stilly, Stilwell, Taylor, Teague, Tourgee, Trogden, Tucker, Welker, Williams of Wake and Williamson--56.

        Those who voted in the negative are:

        Messrs. Abbott, Benbow, Cherry, Ellis, Eppes, Etheridge, Fisher, Forkner, French of Chowan, Graham of Orange, Hare, Harris of Franklin, Hayes of Halifax, Hobbs, Hodnett, Hollowell, Hyman, Jones of Caldwell, Jones of Washington, King of Lenoir, Legg, Lennon, Long, Marler, McDonald of

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Chatham, McDonald of Moore, Moore, Nance, Pool, Read, Rodman, Sweet, Watts and Williams of Sampson--34.

        The balance of the section, viz:

        "That the Superior Court Judges be elected by the people,"

        Was adopted, yeas 63, nays 15.

        Those who voted in the affirmitive are:

        Messrs. Andrews, Ashley, Barnes, Benbow, Bradley, Bryan, Carey, Candler, Chilson, Congleton, Cox, Dickey, Duckworth, Forkner, Franklin, French of Rockingham, Fullings, Gahagan, Garland, George, Glover, Graham of Montgomery, Grant of Wayne, Gully, Gunter, Hayes of Robeson, Heaton, Highsmith, Hoffler, Hyman, Ing, King of Lenoir, Kinney, Logan, Long, Mann, May, Mayo, McDonald of Moore, Morton, Murphy, Newsom, Parks, Petree, Peterson, Pierson, Ragland, Ray, Renfrow, Rhodes, Rose, Smith, Stilly, Stilwell, Taylor, Teague, Tourgee, Trogden, Tucker, Watts, Welker, Williams of Wake and Williamson--63.

        Those who voted in the negative are:

        Messrs. Abbott, Ellis, Fisher, French of Chowan, Graham of Orange, Hall, Hare, Harris of Franklin, Hayes of Halifax, Hodnett, Hollowell, Jones of Caldwell, Lennon, Marler and Pool--15.

        On motion of Mr. Abbott, the Secretary was directed to send General Canby a copy of an ordinance passed by this body in relation to levying a tax to defray the expenses of this Convention.

        The report of the Committee on Punishments, Penal Institutions and Public Charities, was received and ordered to be printed.

        A preamble and resolutions from the Georgia Convention asking Congress for a loan of $30,000,000 dollars for the benefit of Southern planters, was received, and,

        Referred to the Committee on Finance.

        On motion the House adjourned.

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WEDNESDAY, FEBRUARY 12TH, 1868.

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

        Prayer by the Rev. Mr. Eppes.

        The President announced a quorum.

        The Journal of Tuesday was read and approved.

        The petition of Divorce in favor of one Hopkins, referred to the Committee on Divorce, was,

        On motion, referred to the Committee on the Judicial Department.

        Mr. Forkner introduced a resolution in relation to the practice of law in North-Carolina.

        Lies over under the rules.

        Mr. Franklin introduced a resolution granting relief to the Sherriff of Wake County.

        Referred to the Committee on Finance.

        Mr. Bryan introduced the following ordinance:

AN ORDINANCE IN FAVOR OF SHERIFFS.

        SECTION 1. Be it ordained by the people of North-Carolina in Convention assembled, and it is hereby ordained by the authority of the same, That the Sheriffs of this State shall be allowed one year from and after the first day of January, 1868, to collect the unpaid taxes for the years 1866-'67.

        SEC. 2. Be it further ordained, That this ordinance shall be in force from and after its passage, and that a copy of the same be printed and transmitted to each Sheriff in the State.


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

        The motion was not sustained.

        The ordinance was, on motion, adopted.

        The report of the Committee on Legislature, together with that portion that was recommitted to them was made a special order for Monday at 11 o'clock.

        On motion the report of the Committee on Suffrage was postponed until Tuesday next at 11 o'clock and made a special order for that time.

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UNFINISHED BUSINESS.

        The report of the committee on the Judicial Department considered yesterday was taken up.

        General Canby at this hour, 11 o'clock, visited the Convention, was introduced to the President, who received him with an appropriate address, which was responded to by the General.

        The Convention then took a recess for 15 minutes and each delegate was presented to the General.

        At the expiration of the time, the house proceeded with the report of the Judicial Department.

        The sense of the house as regards actions at law and suits in equity was obtained by the adoption of the following resolution:

        Resolved, That it is the sense of this Convention that the distinctions between actions at law and suits in equity and the forms of all such actions and suits shall be abolished and there should be but one form of civil action.

        The yeas and nays were demanded and the resolution was adopted by the following vote:

        Those who voted in the affirmative are:

        Messrs. Ashley, Barnes, Blume, Bryan, Carey, Chillson, Congleton, Cox, Dickey, Duckworth, French of Bladen, French of Rockingham, Fullings, Gahagan, Galloway, Garland, George, Graham of Montgomery, Grant of Wayne, Gully, Gunter, Hayes of Halifax, Highsmith, Hobbs, Hoffler, Ing, Kinney, Mann, May, Moore, Morton, Mullican, Murphy, Newsom, Parks, Peterson, Ragland, Ray, Renfrow, Robbins, Smith, Stilwell, Sweet, Taylor, Teague, Tourgee, Trogden, Watts, Welker and Williamson--50.

        Those who voted in the negative are:

        Messrs. Abbott, Aydlott, Benbow, Bradley, Candler, Cherry, Ellis, Eppes, Etheridge, Forkner, French of Chowan, Graham of Orange, Grant of Northampton, Hall, Hare, Harris of Franklin, Hodnett, Hollowell, Hyman, Jones of Caldwell, Jones of Washington, King of Lincoln, King of Lenoir, Legg, Lennon, Logan, Long, Marshall, Merritt, McDonald

Page 187

of Moore, Nance, Nicholson, Pierson, Pool, Read, Rhodes, Rodman and Rose--38.

        Leave of absence was granted

        Mr. McDonald, of Chatham, until Thursday next.

        Mr. King, of Lincoln, until Monday next.

        Mr. Galloway moved a recess until 7½ o'clock.

        The motion did not prevail.

        Mr. Harris, of Wake, called up his resolution in relation to the restriction of members in their speaking.

        After some discussion,

        On motion, the House adjourned.

THURSDAY, FEBRUARY 13TH, 1868.

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

        Prayer by the Rev. S. S. Ashley.

        The President announced a quorum.

        The Journal of Wednesday was read and approved.

        Mr. Galloway presented a petition from the County Committee of New Hanover County.

        Referred to the Committee on Suffrage.

        Mr. Candler presented a petition of divorce in favor of Matilda Anderson.

        Referred to the Committee on the Judicial Department.

        Mr. Sweet introduced an ordinance for the appointment of a collector of taxes for the City of Newbern.

        Referred to the Committee on Counties, Towns, &c.

        Mr. Rich introduced an ordinance appointing a Commissioner on Immigration.

        Ordered to be printed.

        Mr. Cox presented a petition of divorce in favor of Archibald Harvy.

        Referred to the Committee on the Judicial Department.

        Mr. Rodman introduced an ordinance for the relief of the people.

        Ordered to be printed.

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        Mr. Stilly introduced a resolution requesting Congress to reduce the tax on brandy distilled from fruits.

        Referred to the Committee on Tobacco Tax.

        Mr. Watts introduced an ordinance for the relief of the people.

        Lies over under the rules.

UNFINISHED BUSINESS.

        The following resolution of Mr. Abbott, was taken up, and,

        On motion, adopted.

        Resolved, That no one shall move the previous question except the Chairman of a Committee, whose report is under consideration, the mover of a resolution or the author of a minority report.

        The following resolution of Mr. Tourgee, was taken up and adopted:

        Resolved, That on and after Friday the 14th instant, this Convention hold two sessions daily, commencing at 10 o'clock, A. M., and 7½ P. M.

        The following preamble and resolution presented by Mr. Forkner, was taken up, and,

        On motion, was adopted:

        WHEREAS, This Convention has passed an ordinance allowing men of legal profession, of a good moral character, by exhibiting a certificate granted by the Courts of other States, to the bar in the Courts of North-Carolina; and whereas, many of the States requiring nothing more than the establishment of a good moral character, to admit men to the bar; and that citizens of this State should be on equality with those of other States; therefore,

        Be it resolved, That the Committee on the Judiciary be instructed to report an ordinance or clause for the Constitution, which will allow citizens of North-Carolina to practice, and plead law in the Courts of the State by establishing a good moral character and paying necessary fees.

        Leave of absence was granted to,

        Messrs. Hyman and Eppes until Monday evening.

Page 189

        Also, to Mr. Moore for two days.

        On motion of Mr. Sweet, the report of the Committee on a Preamble and Bill of Rights was postponed until Friday next at 11 o'clock.

        On motion, the following report of the Committee on the Legislature, its organization, &c., was taken up:

REPORT OF THE COMMITTEE ON LEGISLATURE,
ITS ORGANIZATION, &C.

        A majority of the Committee on Legislature, its organization, the members, apportionment, election, tenure of office of its members, its powers, duties, except as otherwise referred, would respectfully submit the following report as the result of their deliberations:

ARTICLE.

        SECTION 1. The Legislative authority shall be vested in two distinct branches, both dependent on the people, to-wit: A Senate and House of Commons.

        SEC. 2. The Senate and House of Commons shall meet annually, on the third Monday of November, and when assembled, shall be denominated the General Assembly. Neither House shall proceed upon public business, unless a majority of all the members are actually present.

        SEC. 3. The Senate shall be composed of fifty Senators, biennially chosen by ballot.

        SEC. 4. Until the first session of the General Assembly, which shall be had after the year eighteen hundred and seventy-one, the Senate shall be composed of members to be elected from the several districts, to consist of the Counties hereafter named, that is to say:

  • 1st District Perquimans and Pasquotank.
  • 2d District Camden and Currituck.
  • 3d District Gates and Chowan.
  • 4th District Tyrrell and Hyde.
  • 5th District Northampton.
    Page 190

  • 6th District Hertford.
  • 7th District Bertie.
  • 8th District Martin and Washington.
  • 9th District Halifax.
  • 10th District Edgecombe and Wilson.
  • 11th District Pitt.
  • 12th District Beaufort.
  • 13th District Craven.
  • 14th District Carteret and Jones.
  • 15th District Greene and Lenoir.
  • 16th District New Hanover.
  • 17th District Duplin.
  • 18th District Onslow.
  • 19th District Brunswick, Bladen and Columbus.
  • 20th District Cumberland and Harnett.
  • 21st District Sampson.
  • 22d District Wayne.
  • 23d District Johnston.
  • 24th District Wake.
  • 25th District Nash.
  • 26th District Franklin.
  • 27th District Warren.
  • 28th District Granville.
  • 29th District Person.
  • 30th District Orange.
  • 31st District Alamance and Randolph.
  • 32d District Chatham.
  • 33d District Moore and Montgomery.
  • 34th District Richmond and Robeson.
  • 35th District Anson and Union.
  • 36th District Guilford.
  • 37th District Caswell.
  • 38th District Rockingham.
  • 39th District Mecklenburg.
  • 40th District Stanly and Cabarrus.
  • 41st District Rowan and Davie.
  • 42d District Davidson.
  • 43d District Forsyth and Stokes.
    Page 191

  • 44th District Ashe, Surry, Watauga, Yadkin & Alleghany.
  • 45th District Wilkes, Iredell and Alexander.
  • 46th District Burke, McDowell and Caldwell.
  • 47th District Lincoln, Gaston and Catawba.
  • 48th District Rutherford, Cleaveland and Polk.
  • 49th District Buncombe, Henderson, Yancy, Madison, Transylvania and Mitchell.
  • 50th District Haywood, Macon, Cherokee, Jackson & Clay.

        SEC. 5. An enumeration of the inhabitants of the State shall be taken under the direction of the General Assembly in the year one thousand eight hundred and seventy-five, and at the end of every ten years thereafter, and the said Senate Districts shall be so altered by the General Assembly at the first session after the return of every enumeration taken as aforesaid, or by order of Congress, that each Senate District shall contain as nearly as may be, an equal number of inhabitants excluding aliens and Indians not taxed, and shall remain unaltered until the return of another enumeration, and shall at all times consist of contiguous territory; and no County shall be divided in the formation of a Senate District except such County shall be equitably entitled to two or more Senators.

        SEC. 6. The House of Commons shall be composed of one hundred and twenty representatives, biennially chosen by ballot, to be elected by the Counties respectively according to their population, and each County shall have at least one representative in the House of Commons, although it may not contain the requisite ratio of representation. This apportionment shall be made by the General Assembly at the respective times and periods when the districts for the Senate are hereinbefore directed to be laid off.

        SEC. 7. In making the apportionment in the House of Commons, the ratio of representation shall be ascertained by dividing the amount of population of the State, exclusive of aliens and Indians not taxed, and after deducting that comprehended within those Counties which do not severally contain the one hundred and twentieth part of the entire population of the State, exclusive of aliens and Indians not taxed, by the

Page 192

number of representatives less the number assigned to the said Counties. To each County containing the said raitio, 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 progressing; and then the remaining representatives shall be assigned severally to the Counties having the largest fractions.

        SEC. 8. Until the General Assembly shall have made the apportionment as hereinbefore provided, the House of Commons shall be composed of members elected from the Counties in the following manner, to wit: The County of Wake shall elect four members; the Counties of Craven, Granville, Halifax and New Hanover, shall elect three members each; the Counties of Caswell, Chatham, Cumberland, Davidson, Duplin, Edgecombe, Franklin, Guilford, Iredell, Johnston, Mecklenburg, Northampton, Orange, Pitt, Randolph, Robeson, Rockingham, Rowan, Warren and Wayne, shall elect two members each; the Counties of Alamance, Alexander, Allegany, Anson, Ashe, Beaufort, Bertie, Bladen, Brunswick, Buncombe, Burke, Cabarrus, Caldwell, Camden, Carteret, Catawba, Cherokee, Chowan, Clay, Cleveland, Columbus, Currituck, Davie, Forsyth, Gaston, Gates, Greene, Harnett, Haywood, Henderson, Hertford, Hyde, Jackson, Jones, Lenoir, Lincoln, Macon, Madison, Martin, McDowell, Mitchell, Montgomery, Moore, Nash, Onslow, Pasquotank, Perquimans, Person, Polk, Richmond, Rutherford, Sampson, Stanly, Stokes, Surry, Transylvania, Tyrrell, Union, Washington, Watauga, Wilkes, Wilson, Yadkin and Yancey, shall elect one member each.

        SEC. 9. Each member of the Senate shall be not less than twenty-five years of age; shall have resided in the State, as a citizen two years, and shall have usually resided in the district for which he is chosen one year immediately preceeding his election.

        SEC. 10. Each member of the House of Commons shall be not less than twenty-one years of age; shall have resided in the State as a citizen two years, and shall have usually resided

Page 193

in the county in which he is chosen, for one year immediately preceeding his election.

        SEC. 11. In the election of all officers, whose appointment shall be conferred on the General Assembly by the Constitution, the vote shall be viva voce.

        SEC. 12. The General Assembly shall have power to pass laws regulating the mode of appointing and removing militia officers.

        SEC. 13. The General Assembly shall have power to pass general laws regulating divorce and alimony, but shall not have power to grant a divorce or secure alimony in any individual case.

        SEC. 14. The General Assembly shall not have power to pass any private law, to alter the name of any person, or to legitimate any person not born in lawful wedlock, or to restore to the rights of citizenship any person convicted of an infamous crime; but shall have power to pass general laws regulating the same.

        SEC. 15. The General Assembly shall not pass any private law, unless it shall be made to appear that thirty days' notice of application to pass such law shall have been given, under such directions and in such manner as shall be provided by law.

        SEC. 16. If vacancies shall occur in the General Assembly, by death, resignation or otherwise, writs of election shall be issued by the Governor, under such regulations as may be prescribed by law.

        SEC. 17. No law shall be passed to raise money on the credit of the State, or to pledge the faith of the State directly or indirectly, for the payment of any debt, or to impose any tax upon the people of the State, or to allow the Counties, Cities or Towns, to do so, unless the bill for that purpose shall have been read three several times in each House of the General Assembly, and passed three several readings, which readings shall have been on three different days, and agreed to by a majority of the whole number of members of each House, respectively, and unless the yeas and nays, on the second

Page 194

and third readings of the bill, shall have been entered on the Journal.

        SEC. 18. The General Assembly shall regulate entails in such a manner as to prevent perpetuities.

        SEC. 19. Each House shall keep a Journal of its proceedings, which shall be printed and made public immediately after the adjournment of the General Assembly.

        SEC. 20. Any member of either House may dissent from and protest against any act or resolve which he may think injurious to the public, or any individual, and have the reasons of his dissent entered on the Journal.

        SEC. 21. The House of Commons shall choose their own speaker and other officers.

        SEC. 22. The Lieutenant Governor shall preside in the Senate, but shall have no vote, unless they may be equally divided.

        SEC. 23. The Senate shall choose their other officers, and also a speaker pro tempore in the absence of the Lieutenant Governor, or when he shall exercise the office of Governor.

        SEC. 24. The style of the acts shall be, "The General Assembly of North-Carolina do enact, as follows:"

        SEC. 25. Each House shall be judge of the qualifications and elections of its own members; shall sit upon its own adjournments from day to day; prepare bills to be passed into laws, and may also jointly adjourn to any future day or other place.

        SEC. 26. All bills and resolutions of a legislative nature shall be read three times in each House before they pass into laws, and shall be signed by the presiding officers of both Houses.

        SEC. 27. Each member of the General Assembly, before taking his seat, shall take on oath or affirmation that to the best of his knowledge and belief, he is qualified under the Constitution of the State to take his seat; that he will support the Constitution of the United States and the laws made in pursuance thereof, and will faithfully discharge his duties as a member of the Senate (or House of Commons.)

Page 195

        SEC. 28. Each person elected to the Senate or House of Commons shall hold his seat from the time of his election until the next biennial election.

        SEC. 29. Upon motion made, and seconded in either House by one fifth of the members present, the years and nays upon any question shall be taken, and entered on the journals.

        SEC. 30. The election for members to the Senate and House of Commons of the General Assembly, shall be held for the respective districts and Counties, at the places where they are now held, or may be directed hereafter to be held, in--, in the year one thousand eight-hundred and seventy, and every two years thereafter.

        All of which is respectfully submitted.

W. H. S. SWEET, Chairman.

MARK MAY,

SAMUEL FORKNER,

HAYNES LENNON,

LEWIS S. MULLICAN,

HENRY E. CHILLSON,

JOHN H. FRENCH,

CUFFEE MAYO,

JAMES M. TURNER,

MATCHET TAYLOR,

JERE. SMITH.

        The undersigned, a minority of the Committee on Legislature, its organization, the number, apportionments, election," &c., dissent from that part of the report of the majority, which fixes actual population as the basis of representation in both Houses of the Legislature; and also to that part of said report which ignores the time honored Constitutional provision of North-Carolina, requiring a property qualification for members of the Senate and House of Commons.

JOHN G. MARLER.


        The report passed its first reading.

        On the second reading.

        Section first was read.

Page 196

        Mr. Graham, of Orange, moved to strike out the word "annually," and insert "biennially."

        The amendment was lost.

        The section, as read, was adopted.

        Sections second and third were read and adopted.

        Section fourth was read.

        Mr. Graham moved to amend by substituting the following as section fourth:

        "The Districts shall remain as they are until the first session of the General Assembly after the year 1871, and at such session, and then every ten years thereafter, shall be laid off by the General Assembly in proportion to the public taxes paid in the Treasury of the State by the citizens thereof, and the average of the public taxes paid by each County into the Treasury of the State for three years preceeding the laying of the Districts, shall be considered as its proportion of the public taxes and constitute the basis of apportionment: 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, added to the taxation of the County or Counties deficient; and if, with such addition, the County or Counties it shall have the requisite ratio, such County and Counties each shall constitute a Senatorial District."

        The yeas and nays were demanded, and the substitute was lost by the following vote, yeas 16, nays 88.

        Those who voted in affirmative are:

        Messrs. Bradley, Durham, Ellis, Etheridge, Graham of Orange, Hall, Hare, Hodnett, Hollowell, Holt, Lennon, Marshall, McCubbins, Merritt, Peterson and Stilly--16.

        Those who voted in the negative are:

        Messrs. Abbott, Andrews, Ashley, Aydlott, Barnes, Benbow, Blume, Bryan, Carey, Carter, Candler, Cherry, Chillson, Colgrove, Congleton, Cox, Dickey, Duckworth, Eppes, Fisher, Forkner, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Galloway, Garland,

Page 197

George, Glover, Graham of Montgomery, Grant of Wayne, Grant of Northampton, Gully, Gunter, Harris of Wake, Hayes of Halifax, Highsmith, Hobbs, Hoffler, Hood, Hyman, Ing, Jones of Caldwell, Jones of Washington, Kinney, Laflin, Lee, Legg, Logan, Long, May, Mayo, McDonald of Chatham, McDonald of Moore, Moore, Morton, Mullican, Murphy, Newsom, Nicholson, Patrick, Parker, Parks, Petree, Pierson, Pool, Ragland, Ray, Read, Renfrow, Rhodes, Robbins, Rodman, Rose, Smith, Stilwell, Sweet, Taylor, Teague, Tourgee, Trogden, Tucker, Watts, Welker, Williams of Wake and Williamson--88.

        Mr. Pool offered the following substitute to section fourth:

        "The basis of representation in the Senate shall remain as at present until the year 1871, when it shall be the duty of the Legislature to apportion the Senatorial Districts upon the basis of population.

        The substitute was not adopted.

        Mr. Sweet corrected the report by transferring "Transylvania," from the 43d District to the 40th District.

        Mr. Rich moved to recommit the fourth section to the Committee.

        The motion was lost.

        Mr. Ellis moved to postpone section fourth until to-morrow.

        The motion did not prevail.

        Mr. Rodman moved to recommit sections second, third and fourth to the Committee.

        Mr. Ellis moved to amend by adding section 37th.

        The amendment was accepted.

        The motion as amended was lost.

        Section fourth, as read, was adopted.

        Section 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th, 13th, 14th, 15th, 16th, 17th, 18th, 19th, 20th, 21st, 22d, 23d, 24th, 25th and 26th, were read and adopted.

        Section 27th was read.

        Mr. Graham, of Orange, moved to amend by striking out all after the word "affirmation," on the second line, down to "and," on the sixth line, and insert, "to support the Constitution

Page 198

of the United States, and the Constitution of North-Carolina."

        The amendment was lost.

        Mr. Abbott moved to amend by striking out all after the word "affirmation," in the second line, down to the word "and," in the sixth line, and insert, "That he will support the Constitution and laws of the United States and of the State of North Carolina."

        Mr. Forkner moved to insert the word "Constitution," between the words "the" and "of," so as to read: "That he will support the Constitution and laws of the United States, and the Constitution of the State of North-Carolina."

        The amendment was accepted, and the section, as amended, was adopted.

        Section 28th was read.

        Mr. Rodman moved to amend by adding to the section:

        "Unless it shall be sooner vacated by death, resignation or otherwise, according to law."

        The amendment was carried, and the section, as amended, was adopted.

        Section 29th was read and adopted.

        Section 30th was read.

        Mr. Jones, of Washington, moved to fill the blank in the section by inserting, "first Monday in November,"

        Which was lost.

        Mr. Forkner moved to amend by inserting, "first Thursday in August,"

        Which was adopted.

        Mr. Rodman offered the following as an addition to section 30th:

        "But the General Assembly may change the time of holding the elections. The first election shall be held when the vote shall be taken upon the adoption of this Constitution, by the voters of the State, and the General Assembly then elected, shall meet on the thirtieth day after the approval thereof, by the Congress of the United States, if it fall not on a Sunday, but if it shall so fall, then on the next day thereafter, and the

Page 199

members then elected, shall hold their seats until their successors are elected at a regular election."

        The amendment was carried.

        The section, as amended, was,

        On motion, adopted.

        On motion, the House adjourned.

FRIDAY, FEBRUARY 14TH, 1868.

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

        Prayer by the Rev. Mr. May.

        The President announced a quorum.

        The Journal of Thursday was read and approved.

        The following communication was received from General Miles and read to the Convention:

HEADQURTERS ASSISTANT COMMISSIONERS,

STATE OF NORTH-CAROLINA,
RALEIGH, N. C., February 12th, 1868.

T. A. BYRNES, Secretary of the Constitutional
Convention of North-Carolina:

        DEAR SIR:--Your letter of the 10th inst., enclosing a copy of a resolution of thanks was duly received.

        Please tender my grateful acknowledgements to the Convention for their kind and complimentary consideration of the services in administering the affairs of the Bureau with my ardent desires that the Convention may successfully complete its work of reconstruction and the State of North-Carolina fully restored to her place in the Union of States.

I have the honor to remain
With great respect,
Your obedient servant.

NELSON A. MILES,
Brev't. Maj. Gen'l. U. S. A.,
Assistant Commissioner.


Page 200

        The following order, No. 20, was received from General Canby, and read to the House:

HEADQUARTERS SECOND MILITARY DISTRICT,

CHARLESTON, S. C., February 12th, 1868.

        GENERAL ORDERS,
No. 20.

        The Constitutional Convention assembled in North-Carolina, under the authority of the laws of the United States, having, in conformity with the eighth section of the law of March 23, 1867, (supplimentary to the law of March 2, 1867, "To provide for the more efficient government of the rebel States,") by an Ordinance adopted in Convention on the sixth day of February, 1868, provided for the levy and collection of a tax of one-twentieth of one per cent. on the real and personal property in the State, to raise monies to pay the expenses of said Convention; and having directed that the tax so provided for shall be paid into the Treasury of the State in reimbursement for advances made from the said Treasury, for the purpose of defraying the current expenses of the Convention, the payment of its officers, members and contingent accounts; It is ordered,

        First. That the assessors of taxes in the State of North-Carolina shall add to the assessments already made or about to be made for the year 1868 under the authority of the laws of the State, the tax levied under the ordinance before cited and hereinafter published, and the collectors of taxes will proceed to collect the same at the time and in the manner prescribed by the laws of the State for State taxes, and pay the same into the Treasury of the State.

        Second. That the Treasurer of the State is hereby authorized and directed to pay the per diem and mileage of the delegates, the compensation of the officers, and the contingent expenses of the Convention, upon the warrants of the President, in the usual form.

        By Command of Bvt. Major General E. R. S. CANBY:

LOUIS V. CAZIARC,
Aide-de-Camp,
Actg. Asst. Adjt. Genl.


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        SECTION 1. Be it ordained by the people of North-Carolina, in Convention assembled, That for the purpose of raising monies to pay the expenses of this Convention, according to the acts of Congress in such case made and provided, a tax of one twentieth of one per cent. shall be levied on the land in North-Carolina, according to its valuation in the year 1860, subject to such changes therein as have been since made by law, and on the personal property within said State according to the valuation thereof to be made in the year 1868. This tax shall be collected, paid and accounted for, at the Treasury of the State, at the times when, and in the same manner as other State taxes are required by law to be.

        SEC. 2. Be it further ordained, That the collecting officers shall be subject to the same penalties for failure to collect, pay and account for the taxes hereby levied as they now are for such failure in respect to other taxes.

        SEC. 3. Be it further ordained, That the said collecting officers shall receive the like compensation for collecting the tax, hereby levied as for the collection of other taxes.

        SEC. 4. Be it further ordained, That this ordinance shall be in force from and after its passage.

        Leave of absence was granted to Mr. Harris, of Franklin, until Monday next.

        Mr. Jones, of Washington, presented a petition of divorce of James Overton and Charlotte Overton.

        Referred to the Committee on the Judicial Department.

        Mr. McDonald, of Chatham, introduced an ordinance in favor of Hugh B. Guthrie, sheriff of Orange.

        Lies over under the rules.

        Mr. Abbott presented an ordinance designating a depository for the State funds.

        Referred to the Committee on Finance.

        Mr. Congleton introduced a resolution providing for the abolishment of the Senate.

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