Cp970.7/ 
 A/87<r/ 
 
 Act concerning a convention of the people 
 
THE LIBRARY OF THE 
 
 UNIVERSITY OF 
 
 NORTH CAROLINA 
 
 THE COLLECTION OF 
 
 NORTH CAROLINIANA 
 
 PRESENTED BY 
 
 Mrs. Gavin Dortch 
 
 Cp970.71 
 N87gl 
 
House 
 
 Bill 
 
 [34.] 
 
 
 
 [Session 
 
 -1860- 
 
 '61. 
 
 
 
 
 Ordered to be Printed. 
 
 
 
 
 
 John 
 
 Spelman, 
 
 Printer to 
 
 the State. ;■ 
 
 
 
 AN ACT CONCERNING A CONVENTION OF THE 
 PEOPLE. 
 
 Whereas, The present perilous condition of the country 
 demands, in the judgment of this General Assembly, that 
 the sovereign people of this State should assemble in Con- 
 vention to effect an honorable adjustment of existing diffi- 
 culties whereby the Federal Union is endangered, or other- 
 wise to determine what action will best preserve the honor 
 and promote the interest of North-Carolina ; and whereat, 
 this General Assembly on matters of such grave import, in- 
 volving the relation of North-Carolina to her. sisters in the 
 confederacy, is reluctant to adopt any. settled' policy without 
 the sense of the people, in whom, under our government, all 
 sovereignty resides, being first ascertained. 
 
 Section 1 . Be it therefore enacted by the General Assemblij 
 of the State of North-Carolina, and it is hereby enacted by th 
 authority, of the jsame, two-thirds of all the members of each 
 House concurring, That upon the passage of this act, the- 
 Governor of the State be, and he is hereby required to issue 
 a proclamation commanding the sheriffs of the respective 
 counties in the State to open polls at the several election pre - 
 cincts in said counties, on the 28th day of February, A. D, r 
 1861, when and where all persons qualified to vote for mem- 
 bers of the General. Assembly may vote for or against a State 
 Convention.; those who wish a Convention voting with a 
 printed c ' written ticket, " Convention," and those who da 
 
House Bill [34.] [Session 
 
 not wish a Convention, voting in the same way, " No Con- 
 vention ;" also to open separate polls at the said time and 
 places for the election of delegates to the Convention, to be 
 assembled on such times as are hereinafter provided ; said 
 polls to be superintended by inspectors appointed by the 
 Sheriffs with the advice of three justices of the peace of the 
 respective counties, who shall be sworn according to the pro- 
 visions of sec. 6, chap. 52, of Revised Code. 
 
 Sec. 2. Beit further enacted , That it shall be the duty of 
 the Sheriffs to make out duplicate statements of their polls, 
 in their respective counties, on the question of "Convention" 
 and u No Convention," sworn to before the Clerk of the 
 County Court, one copy of which shall be deposited in said 
 Clerk's office, and the other copy transmitted to the Governor 
 of the State at Raleigh, under the same rules and regulations^ 
 and under the same penalties as are prescribed in the case of 
 the returns of the vote for the electors of President and Vice 
 President, as now prescribed by law, immediately after said 
 election. 
 
 Sec. 3. Be it further enacted, That it shall be the duty of 
 the Governor, as soon as he shall have received the returns 
 of the Sheriff, in the presence of the Secretary of the State, 
 Public Treasurer and Comptroller, to compare the number of 
 votes for and against a Convention ; and if it shall appear 
 that a majority of the votes polled are in favor of a Conven- 
 tion, he shall forthwith issue a proclamation in such man- 
 ner as he may think proper, summoning the delegates elected 
 to said Convention, as aforesaid, to convene in Raleigh on 
 such day as he may designate in his said proclamation : Pro- 
 vided, The day designated be not earlier than the eleventh 
 of March ; and if a majority of the votes polled are against a 
 Convention, the Governor shall in like manner issue a proc- 
 lamation of that fact ; and in that case the assembling of the 
 said delegates elected as aforesaid under the provisions of 
 this act, is hereby declared to be illegal and of no effect. 
 
I860-' 61. 
 
 House Bill [34.] 
 
 
 Sec. 4. Beit further enacted, That the election for delegates 
 as aforesaid, shall be held and conducted in the same manner 
 as elections for members of the General Assembly, and the 
 vote shall be counted and the scrolls compared, and certifi- 
 cates issued in the same manner as prescribed by law for 
 members of the House of Commons. 
 
 Sec. 5. Beit further enacted, That if a vacancy shall oc- 
 cur by the death, resignation or removal from the State, or 
 by the refusal to serve of any person elected delegate as 
 aforesaid, the presiding officer of the Convention shall issue 
 his writ to the Sheriff of the County in which such vacancy 
 may have occurred, after such notice as the Convention may 
 order to open a poll to fill such vacancy under the same 
 rules and regulations as hereinbefore prescribed for the elec, 
 tion of delegates. 
 
 Sec. 6. Be it further enacted, That the said Convention 
 shall consist of one hundred and twenty delegates, and each, 
 county shall be entitled to the same number of delegates as 
 members of the House of Commons, under the last apportion- 
 ment. 
 
 Sec. 7". Be it further enacted, That the mileage and per 
 diem pay of delegates to said Convention shall be the same 
 as that of members of the General Assembly, to be paid in 
 "the same manner, and said Convention shall have power to 
 fix the pay of all its officers, and of any representative to any 
 Convention or State, and shall provide for other expenses, 
 to be paid out of the Treasury as it may direct. 
 
 Sec 8. Be it further enacted, That the said Convention 
 shall have power to elect its officers and prescribe qualifica- 
 tions for its members, not inconsistent with the true intent 
 of this act, 
 
 Sec 9. Be it further enacted, That the said Convention 
 shall have power to consider all grievances affecting North 
 Carolina as a member of the confederacy according to the 
 true intent and meaning of this act, the assent or dissent of 
 the people to the propositions herein contained being respec- 
 
4 House Bill [34.] [I860- 61. 
 
 lively expressed by the vote "Convention/' or "no Conven- 
 tion," at the time, and in the mode hereinbefore pr ivided. 
 
 Sec. 10. Be it further enacted, That no ordinance of said 
 Convention shall have any force or validity until it shall have 
 been ratified by a majority of tile qualified voters for mem- 
 bers of the General Assembly, to whom it shall be submitted 
 according to the mode prescribed for elections of members to 
 the House of Commons, the assent or dissent of the people 
 hereto being expressed as in preceding sectinos of this act. 
 
 Sec. 11. Be it further enacted, That no delegate elected 
 shall he permitted to take his seat in said Convention until 
 he shall have taken and subscribed to the following oath, 
 before any judge of the Supreme or Superior courts, or any 
 justice of the peace of Wake county, to-wit : " I, A. B., do 
 solemnly swear or affirm (as the case may be,) that I will not 
 do any act contrary to the aqt of the General Assembly under 
 which this Convention is called ; and that I will duly and 
 faithfully discharge my duties as a member of this Convention 
 according to the best of my knowledge and ability, so help 
 me God." 
 
 Sec. 12. Be it further enacted, That this act shall be in 
 force from and after its ratification. 
 Read three times and ratified in General Assembly, this 1st 
 
 day of February, A. D., 1861. 
 
 WM. T. DORTCH, S. H. C.- 
 HENRY T. CLARK, S. S. 
 
 State of North-Carolina, 
 
 Office of Secretary of State. 
 1, Rufus H. Page, Secretary of State in and for the State 
 of North-Carolina, do hereby certify that the foregoing is a 
 true copy of the original on file in this office. 
 
 Given under my hand this 1st day of February., 1861. 
 
 RUFUS H. PAGE, 
 Secretary of State, 
 
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