mmmwmssm\ § II Hill! ill III mm 111 l iill i hi €6e ili&rarp ottbe Uniumtv of Jl3ort& Carolina Collection ot jRortf) Carolfntana %W ftoofe toag ptmnteb C34-2.2, 4 c.4- This publication has been digitized fiy the University of North Carolina at Chapel Hill Library and is available electronically. UNIVERSITY OF N.C. AT CHAPEL HILL 00023502700 This book may be kept out one month unless a recall notice is sent to you. It must be brought to the North Carolina Collection (in Wilson Library) for renewal. DEe-^4_ZQIH_ Form No. A-369 Digitized by the Internet Archive in 2012 with funding from University of North Carolina at Chapel Hill http://archive.org/details/journalofconstitOOnort JOURNAL Off THE NSTITUTIONAL CONVENTION OF THE STATE OP NORTH- CAROLINA, AT ITS SESSIOK 1868, HALEIGH: Joseph w. holden, convention printer 1868, C3Ha.O. ch 1s JOURNAL OF THE CONSTITUTIONAL CONTENTION. NORTH-CAROLINA STATE CONSTITUTIONAL CONVENTION. The Convention of delegates, elected by the people of the several counties ol 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, as- sembled 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 authority : HEADQUARTERS SECOND MILITARY DISTRICT, Charleston, S. C, December 31, 1867. a- 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, County of Guilford. — G. W. Welker, A. W. Tourgee. County of Rockingham. — H. Barnes, John French. County of Caswell. — WikonjClajNgy, P. Hodnett. Counts of Alamance. — Henry M. Ray, County of Person. — William Merritt. County of Orange. — E. M. Holt, J. W. Graham. County of Chatham. — J. A. McDonald, W. T. Gunter. County of Wake. — S. D. Franklin, J. P. Andrews, B. S D. WilHama/jjgflfis H, _ Harris.! (2$ County of Granville. — J. W. Ragland, J. J. Moore, jC. Mayo. County of Warren. — t John Hy maiyC John Bead. County of Franklin.— r John H. Wil liamson. James T. *^ Harris. **"~ V County of Cumberland. — W. A. Mann, 'J. W. Hood. u County of Harnett. — J. M. Turner. County of Moore. — S. S McDonald. County of Montgomery. — Geo. A. Graham. County of Richmond. — R. T. Long, Sr. County of Wayne. — H. L. Grant, J. Hollowell. County of Johnston. — Dr. James Hay, Nathan Gulley. County of Greene. — J. M. Patrick. County of Wilson. — W. Daniel. County of Nash. — Jacob Ing. >i g County of Halifax.— : Henry Epps, J. H. Renfrow, W. J. T. Hayes. '" County of Northampton. — R. C. Parker, H. T. Grant. 3 6 CONTENTION JOURNAL. [Session County of Edeecombe. — J. H. Baker, Henry A. Dowd, "•Henry C. Cherry. County of Lenoir. — R. W. King. County of Brunswick. — Edwin Legg. County of Columbus. — Haynes Lennon. County of Robeson. — Joshua L. Nance, O. S. Hayes. County of Bladen. — A. W. Fisher, F. F. French. County of New Hanover. — General J. C. Abbott, S. S. Ashley,' A. H. Galloway.' -> St Countyof Duplin.— J. W. Peterson, *S.ajnji£lHighsniith. County of Sampson. — Sylvester Carter, Alexander Wil- liams. Counties of Tyrrell and "Washington. — E. W. Jones. County of Martin. — Samuel W. Watts. - County of Bertie.— F^J^j&obbms/Bryant Lee. County of Hertford.— J. B. Hare. * County of Gates. — Thomas L. Horner. County of Chowan. — John R. French. i County of Perquimans. — Dr. Wm. Nicholson. Counties of Pasquotank and Camden.— C. C. Pool, M. Taylor. County of Currituck. — Thomas Sanderlin. County of Craven. — David Heaton, W. H. S. Sweet,' C D. Pierson. County of Onslow. — Jasper Etheridge. County of Carteret. — Abraham Congleton. County of Jones. — David D. Colgrove. County of Beaufort. — W. B. Rodman, William Still ey. County of Pitt. — Byron Larlin, D. J. Rich. County of Hyde. — Andrew J. Glover. By Command of Brevet Major-General Ed. R. S. Canby : LOUIS V. CAZIARC, Aid-de-Camp, Actg. Asst. Adjt. Genl. Official : Jacob F. Churr, Actg. Asst. Adjutant General. 1868.] CONVENTION JOURNAL. 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 author- ized 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 tern. On motion of Mr. Abbott, the Secretary called the roll. The following; delegates answered to their names : Messrs. Abbott, Andrews, Ashley, Aydlott, Jones of Washington, King of Lincoln, King of Lenoir, Kin- < 10 CONVENTION JOURNAL. [Session ney, Laflin, Lee, Lennon, Logan, Long, Mann, Mayo, McCub- bins, McDonald of Chatham, McDonald of Moore, Moore, Morton, Mullican, Murphy, Nance, Newsom, Nicholson, Pat- rick, Parker, Parks, Petree, Peterson, Pierson, Pool, Rag- land, Pay, Read, Renfrow, Rhodes, Rich, Robbins, Rodman, Rose, Sanderlin, Smith, Stilly, Stillwell, Sweet, Taylor, Teague, Tourgee, Trogden, Tucker, Watts, Welker and Wil- liams of Wake. — 97. The following delegates were sworn in by Mr. C. 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 Assis- tant Secretary pro tern. 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, Ayd- lott, 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, Fallings, 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, Higksmith, Hobbs, Hoffler, Hollo well, 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, McDon- ald of Moore, Moore, Morton, Mullican, Murphy, Nance, Newsom, Nicholson, Patrick, Parker, Parks, Petree, Peter- son, Pierson, Pool, Ragland, Ray, Read, Renfrow, Rhodes, Rich, Robbins, Rodman, Rose, Smith, Stilly, Stillwell, Sweet, 1868.] CONTENTION JOURNAL. 11 Taylor, Teague, Tourgee, Trogden, Tucker, Turner, Watts, Welker, Williams of Wake and Williamson. — 101. For Mr. Durham — Messrs. Graham of Orange, Hare, Hod- nett, 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. Heatou, 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. Yote 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 Prin- cipal 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 resolu- tion. 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, Congletou, Cox, Daniel, Dowd, Duckworth, Eppes, Etheridge, Fisher, Forkner, Franklin, French of Bladen, French of Rock- ingham, French of Chowan, Fullings, Gahagan, Galloway, Garrett, George, Graham of Montgomery, Grant of Wayne, Grant of Northampton, Gully, Gunter, Harris of Wake, Har- 12 CONTENTION JOURNAL. [Session ris of Franklin, Hay, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hofner, Hollowell, Hood, Hy- man, Ing, Jones of Caldwell, Jones of Washington, King of Lincoln, King of Lenoir, Kinney, Lanin, Lee, Logan, Long, Mann, Mayo, McDonald of Chatham, McDonald of Moore, Moore. Morton, Mullican, Murphy, Nance, Newsom, Nichol- son, Patrick, Parker, Petree, Pierson, Pool, Ragland, Pay, 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 Jndicial 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 : 1868.] CONTENTION JOURNAL. 18 JResol/oed>, 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 pur- pose of framing a Constitution Republican in form, no propo- sition purely legislative shall be entertained until the Consti- tution 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 7 nays 53. The motion was lost. Mr. Abbott moved that the resolution of Mr. Pool be re- ferred to a Committee of three. On motion of Mr. Garrett, the Convention adjourned to meet to-morrow at 10 o'clock. THURSDAY Januaky 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, Ben- bow, Blume, Bradley, Carey, Carter, Candler, Cherry, Chill- son, Colgrove, Congleton, Cox, Daniel, Duckworth, Durham, Ellis, Eppes, Etheridge, Eisher, Eorkner, 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 7 14 CONVENTION JOURNAL. [Session Hodnett, Hoffier, 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, flay, 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, Wednes- day 15th, the Chair appointed the following Committee. 1st Judicial District — Win. Nicholson, E. W. Jones. 2d Judicial District — David Heaton, W. B. Rodman. 3d Judicial District — James H. Harris, Henry A. Dowd. 4th Judicial District — A. W. Tourgee, T. L. L. Cox. 5th Judicial District — J. C. Abbott, J. W. Hood. 6th Judicial District — Samuel Forkner, Milton Hobbs. 7th Judicial District — G. W. Bradley, C. C. Jones. 8th Judicial District — G. W. Gahagan, W. B. G. Garrett. 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. Fullino-s. 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 1868.] CONVENTION JOURNAL. 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 here- after 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, Brad ley, Chillson, Daniel, Dowd, Durham, Ellis, Franklin, Gra- ham 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 ol 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, Hoffier, Hood, Hyman, Ing, Jones of Caldwell, Jones of Washington, King of Lenoir, Kinney, Lee, 16 - CONVENTION JOURNAL. [Session Logan, Long, Mann, Mayo, McDonald of Chatham, McDon- ald of Moore, Morton, Mullican, Murphy, Nance, Newsom, Patrick, Parks, Petree, Peterson, Pierson, Pool, Ragland, Ray, Head, Renfrew, 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 reso- lution 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, Ben- bow, Blume, Bryan, Carey, Carter, Candler, Chillson, Col* grove, 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, Gull} 7 , 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 Chat- ham, Morton, Mullican, Murphy, Nance, Newsom, Patrick. Parks, Petree, Peterson, Pierson, Pool, Ragland, Ray, Read, Renfrow, Rhodes, Rich, Robbins, Rodman, Rose, Smith, Stil- well, 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 1868,] CONVENTION JOURNAL. 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 Edopted: 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 elec- tion 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, Duck* 2 18 CONVENTION JOURNAL. [Session worth, Fisher, Forkner, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fallings, Gahagan, Gal- loway, 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 Wil- liamson — 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 elec- tion 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 an- swering to their names. Messrs. Abbott, Andrews, Ashley, Aydlott, Baker, Barnes, Benbow, Blume, Bradley, Bryan, Carey, Carter, Chillson, Col- grove, Congleton, Cox, Daniel, Dowd, Duckworth, Durham, Ellis, Eppes, Etheridge, Fisher, Franklin, French of Bla- den, French of Rockingham, French of Chowan, Fallings, 1868.] CONVENTION JOURNAL. 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, Homer, 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, McDon- ald of Moore, Moore, Morton, Mullican, Murphy, Nance, Newsom, Nicholson, Patrick, Parker, Parks, Petree, Pe- terson, Pierson, Pool, Ragland, Read, Renfrow, Rhodes*, Rich, Robbins, Rodman, Rose, Sanderlin, Smith, Stilly, Stil- well, 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 ap- pointed Secretary jpro tern., 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 Ser- geant 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. Por Mr. Peck — Messrs. Abbott, Andrews, Ashley, Aydlott, Barnes, Benbow, Bryan, Carey, Carter, Candler, Cherry, Chill- son, 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 20 CONVENTION JOURNAL. [Session "Wake, Hay, Hayes of Robeson, Hayes of Halifax, Heaton, Higlismith, Hoffier, Hood, Hyrnan, Ing, Jones of Caldwell, Jones of Washington, King of Lincoln, King of Lenoir, Lee, Logan, Long, Mann, Mayo, Merritt, McDonald of Moore, Mor- ton, Mulliean, Murphy, Nance, Newsom, Patrick, Petree, Pe- terson, 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. Rogersr— Messrs. Blume and Moore— 2„ For Mr. Ball — Mr. Graham, of Orange — I. 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 pro- ceedings " submit the following report : CHAPTER I. OF THE POWEK8 AND DUTIES OF THE PRESIDENT. Mule 1. The President shall take the Chair each day at the hour appointed for the meeting of the session. Mule 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 Con- vention shall otherwise order. 4. He may substitute any member to perform the duties of 1868.] CONVENTION JOURNAL. 21 the Chair for a period not exceeding two consecutive legisla- tive days. 5. When the Convention shall be ready to go into Com- mittee of the Whole, he shall name a Chairman to preside therein. CHAPTER II. OF THE DAILY OEDEE 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 correc- tion of any errors that may be found to exist therein. After which, except on days and at times set apart for the consider- ation 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 EIGHTS 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 Com- mittee. 22 CONVENTION JOURNAL. [Session Rule 5. Every member presenting a paper shall endorse the same ; if a petition, memorial, remonstrance, or commu- nication in answer to a call for information, with a concise statement of its subject, adding his name ; if a notice or reso- lution, 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 state- ment 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 OKDEE AND DECOEUM. 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 pur- pose, 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 1868.] CONTENTION JOUENAL. 23 his place, or speak, unless to make a privileged motion or state a question of privilege demanding immediate attention. Mule 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. CHAPTEE V. OF ORDEB IN DEBATE. Mule 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. Mule 13. No remark reflecting personally upon the action of any member shall be in order in debate, unless preceded hy a motion or resolution of investigation or censure. Mule 14c. 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. CHAPTEE VI. OF COMMITTEES AND THEIR DUTIES. Mule 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 : To consist of 'five members : Privileges and Elections. Printing. Contingent Expenses. Engrossment and Enrollment. Mule 16. All Eeports of Committees embracing proposi- tion pertaining to the formation of a Constitution, shall be referred, as of course, to the Committee of the Whole for con- sideration therein before final action by the Convention. 24 CONVENTION JOURNAL. [Session CHAPTER VII. OF GENERAL AND SPECIAL OKDEKS. Rule 17. The matters referred to the Committee of the "Whole shall constitute the General Orders, and shall be re- corded 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 partic- ular 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. CHAPTEE VIII. O-E 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 ot 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 other- wise 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* 1868.] CONVENTION JOUKNAL. 25 CHAPTEE IX, OF MOTIONS AND THEIK PRECEDENCE. Rule 23. When a question shall be under consideration, no motion shall be received except as herein specified, and mo* tions shall have precedence in the order stated, viz : 1. For an adjournment. 2. For a recess. 3. A call of the Convention. 4. For the previous question. 5. To lay on the table. 6. To postpone indefinitely. 7. To postpone to a day certain. 8. To commit to a Committee of the "Whole. 9. To commit to a Standing Committee. 10. To commit to a Select Committee. 11. To amend. Rule 24. The motion to adjourn for the day, for the previ- ous 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 presenta- tion, be first stated by the President, or, on his order, read by the Secretary before debate, and again, if desired by any mem- ber, 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 Con- vention, but may be withdrawn at any time before it shall be decided or amended. Rule 2Y. 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 follow- ing legislative day, on which the decision proposed to be re- 26 CONVENTION JOURNAL. [Session considered 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 ques- tion 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 recom- mended by the Committee of the Whole, and not acted on by the Convention, the question shall be taken upon such amend- ments in like order. CHAPTER X. OF RESOLUTIONS. Rule 30. The following classes of resolutions shall lie over one day for consideration, after which they maybe 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 maybe offered, or to adjournment or recess. Rule 31. All resolutions for the printing of an extra num- ber of documents, shall be referred, as of course, to the Stand- ing Committee on Printing, for their report thereon before final action by the Convention. Rule 32. All resolutions authorizing or contemplating ex- penditures 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- 1868.] CONVENTION JOUBNAL. 27 fifth of the whole number, -may take such measures as they may deem necessary to secure the presence of a quorum, 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 proposi- tions, 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 sus- pended, amended or rescinded, unless one day's notice of the motion therefor shall have been given ; nor shall any amend- ment 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 suspen- sion ; and every suspension, on such notice and motion, shall be held to apply only to the partitular object or objects speci- ed 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 Constitu- tion, and of all reports and communications made in pursu- ance of the order or request of the Convention. Rule 39. The Sergeant-at-Arms shall receive from the prin- ter all matter printed for tne use of the Convention, and shall keep a record of the time of the reception of each document, 28 CONTENTION JOURNAL. [Session and tlie 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 re- ception by him. Rule 40. The Sergeant-at-Arms shall perform to duties of Postmaster of the Convention, and as such shall receive, dis- tribute and dispatch such mail matter as shall be deposited in his office, addressed to or by the members of the Conven- tion. All of which is respecfully 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 Dis- trict, 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. 1868.] COKYEtf TlOff JOURNAL 29 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 Gov- ernment 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 Eights. 2. On a Governor and other necessary State Executive Offi- cers, their election or appointment, tenure of office, powers., compensation and duties. 3. On the Legislature, its organization, the number, ap- pointment, 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, or- ganization, 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 30 CONVENTION JOURNAL. [Session Committees, as named, shall each consist of thirteen mem- bers. DAYID HEATON, Chairman. W. NICHOLSON, E. W. JONES, W. B. EODMAN, H. A. DOWD, ^ J. H. HARRIS, A. W. TOURGEE, T. L. L. COX, J. C. ABBOTT, *■ J. W. HOOD, S. FORKNER, M. HOBBS, C. C. JONES, GEO. W. BRADLEY, G. W. GAHAGAN, W. G. B. GARRETT, Committee. On motion of Mr. Tourgee, the report was adopted. On motion of Mr. Mann, the Committee on Rules was dis- charged. 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 reso- lution : Whereas, The Committee of Sixteen was directed to con- sider 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, entirely ignoring any- thing 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 1S68.] CONTENTION JOURNAL. 31 carrying into effect the Constitution, or establishing a civil government in North-Carolina. Mr. Heaton moved the resolution be returned for revision, AVhen 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 re- quested 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, hy 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 " he requested to " before the word furnish. Mr. Watts moved to amend by striking ©ut the word "State" and insert "North-Carolina" Mr. Tourgee moved to insert the word " Provisional " be- fore 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 state- ment 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 reso- lution : 32 CONTENTION JOURNAL. [Session Resolved, That a Committee of Eight, to consist of one member from each Judicial District, be raised by this Con- vention, 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 dis- tress, 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, adminis- trators, 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 Com- mittee of the Whole, and make it the Special Order for Tues- day 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 rela- tions with the Federal Government at the earliest day praeti- 1868,] CONTENTION" JOURNAL. 33 cable, 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 uncon- stitutional, 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 con- trolled 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, disiranchising intel- ligent 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. 3 34 CONVENTION JOUENAL. [Session The roll was called by the Secretary. One hundred and eight delegates answered to their names. Mr. Tourgee presented a Memorial from the Friends Asso- ciation 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, pre- sented the following report, viz : The Committee of sixteen, to whom was referred the fol- lowing resolution, viz: Hesolved, 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 : J2esolved, 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 :. Jiesolved, That a Committee of three be appointed to wait on his Excellency, the Governor of North-Carolina, and in- form 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 1868.] CONTENTION JOURNAL. 35 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 estab- lishing 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 Or- der 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, Frank- lin, 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, Con- gleton, Cox, Dickey, Duckworth, Durham, Ellis, Etheridge, Eisher, 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, Hol- lowell, 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, Ren- frow, 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. 36 CONTENTION JOUENAL. [Session 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. Tonrgee 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, Ful- lings, Gahagan, Galloway, Garland, Garrett, George, Gra- ham of Orange, Grant of Northampton, Gunter, Hare, Har- ris of Franklin, Hayes of Robeson, Hayes of Halilax, Hea- tons, Highsmith, Hobbs, Hodnett, Hollowell, Holt, Hood, Hyman, Ing, Jones of Caldwell, Jones of "Washington, King oi Lincoln, Kinney, Baffin, Lee, Legg, Lennon, Logan, Long, Mann, Mayo, McCubbins, Merritt, McDonald of Chat- ham, McDonald of Moore, Moore, Mullican, Murphy, Nance, Nicholson, Patrick, Parker, Parks, Petree, Peterson, Pierson, Ragland, Ray, Bead, Renfrow, Rhodes, Bich, Bobbins, Bod- man, Rose, Sanderlin, Stilly, Stilwell, Sweet, Taylor, Teagne, Tonrgee, Trogden, Tucker, Turner, Watts, Welker, Williams of Sampson and Williamson — 100. The question recurring on the motion of Mr, Durham, to r 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, 1868.] CONVENTION JOURNAL. 37 Ellis, Eppes, Etheridge, French of Chowan, Galloway, Hod- nett, 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, Gra- ham of Montgomery, Graham of Orange, Grant of Wayne, Grant of Northampton, Gunter, Hare, Harris of Wake, Har- ris 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, Mallican, Murphy, Nance, Newsom, Nich- olson, 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 William- son — 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 ot, " 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 Commit- tee of three. The motion was put to the House and lost. Mr. Tourgee called for the previous question on his amend- ment. 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 38 CONVENTION JOURNAL. [Session 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 elec- tion of an Enrolling Clerk. Mr. Jones, of Washington, moved that it is not absolutely necessary to have an Enrolling Clerk, since we have an En- grossing 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 Januaky 20th, 1868. The Convention was called to order at 11 o'clock, by the President. Prayer by the Pev. 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 Secretar}' - , 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 Ses- soms, 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. Pear- sail, of Kenansville, Duplin County, in regard to the injustice arising from certain sales of property during the "War, asking redress. 1868.] CONTENTION JOURNAL. 39 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 coun- ties 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 resolu- tion : Whereas, Protection to the rights of persons and property, the fruits of industry and prudence, are the corner stones on whieh Civil Liberty is built, as recognized in our Constitution of 1776; therefore, Resolved, That the action of this Convention should recog- nize 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, Th-at the Committee of sixteen be instructed to enquire into the propriety of appointing a Committee on Im- migration, 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 eitizees of Chatham. 40 CONVENTION JOURNAL. [Session Referred to a Committee of the Whole, and made a Special Order for Tuesday at 12 o'clock. Mr. Gr. 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 reso- lution : Whaeeas, 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 comforta- bly 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,'withoutf 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 oi 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 Conven- tion, 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 enroll- 1868.] CONTENTION JOURNAL. 41 ing 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 San- derlin— 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 Chow- an, Fullings, Gahagan, Galloway, Garland, George, Graham of Montgomery, Grant of Wayne, Gully, Hay, Hayes of Halifax, Heaton, Highsmith, Hoffler, Hollowell, Hood, Hy- man, Ing, Jones of Caldwell, King of Lincoln, Kinney, Long, Mann, McDonald of Moore, Moore, Morton, Mullican, Mur- phy, 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 en- rolling clerk. On motion of Mr. Rich, Mr. Ashworth was declared enroll- ing 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 mo- tion recommitted to the committee on Rules. Mr. Bradley's Resolution to appoint a committee to wait ob His Excellency, " Gov. Worth," was taken up. 42 CONTENTION JOUKNAL. [Session Mr. Tourgee moved to amend by striking out " His Excel- lency 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 hun- dred and fifty copies of the Acts of the General Assembly of 1866-'67. Amended by Mr. Durham, so as to read Provisional Secre- tary 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 Priv- ileges 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 de- termine to publish such reports in book form, then the prop- erty 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 com- pensation 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. 1868.] CONVENTION JOURNAL. 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 oppres- sive costs in Criminal cases," which was placed upon the Gene- ral 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 Juris- diction 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 intro- duced 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 un- til 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, Har- ris, of Wake, Nicholson, French of Chowan, Patrick, Gahagan, Pool, Etheridge, Fisher, Baker, Durham, Carter and Gar- land. On a Governor, &e. — Messrs. Nicholson, May, Morton, Franklin, Hofner, Petree,' Forkner, Guhter, Williamson, New- som, George, Trogden and Stilwell. On Legislature, <&e. — Messrs. Sweet, Marler, May, Forkner, Lennon, Mullican, Chillson, French, of Rockingham, Maya, Williams, of Duplin, Turner, Taylor, and Smith. On the Judicial Department. — Messrs. Rodman, Sweet, 44 CONTENTION JOURNAL. [Session 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, Plobbs, McCubbins, King of Lenoir, Long, Hare, Peterson, Cajey, 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, Laflin, Ing, Hollowell and Franklin. On Corporations other than Municipal. — Messrs. Jones of Washington, Ashley, Grant of Northampton, Harris of Frank- lin, King, Merritt, Holt, Hay, Robbins, Dickey, Tucker, Murphy and Parker. On Punishments and Penal Institutions. — Messrs. Welker, Cox, Long, Glover, Parks, Murphy, Lee, giersoji, Daniel, Duckworth, Hobbs, Bradley and Watts. On Militia. — Messrs. Bryan, Laflin, Ellis, Graham of Montgomery, Dowel, Grant of Wayne, Ragland, Legg, Gully, Haye s 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, Ha^rij^ofWake, McDonald of Chatham, Andrews, Benbow, Congleton and Cherry. On Homesteads. — Messrs. Jones oTHCaldwell, Hood, Gaha- gan, Duckworth, Renfrow, Sanderlin, Nance, Hodnett, Kin- ney, McDonald of Moore, Barnes, Eppes, Rhodes and Cox. On motion of Mr. Tourgee, one Imndred and fifty copies were ordered to be printed for the use of the members. On motion of Mr. Heaton, the Convention adjourned. 1868.] CONVENTION JOURNAL. 45 : 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 Sights 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 pur- chase 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 Ofl&cers, 46 CONTENTION JOURNAL. [Session 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 uncon- stitutionality of Stay Laws." Referred to the Committee on the Judicial Department. Mr. Tourgee offered a resolution to amend Rule 3d, Chap- ter 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. 1868.] CONTENTION JOURNAL. 4rT The President called Mr. Sweet to the Chair. V 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 re- port to the House the following resolution : Mesolved, That this Committee recommend that the whole subject under consideration be refeired to a Special Commit- tee 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 ordi- nance 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 Com- mittee 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 U CONVENTION JOURNAL. [Session 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 mem- bers, was taken up. __JMr. 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 ot Bladen, Gra- ham 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, Gal- loway, Garland, Garrett, George, Graham of Montgomery, Grant of Wayne, Gully, Gunter, Harris of Wake, Harris of Franklin, Hay, Hayes of Robeson, Highsmith, Hobbs, Hod- nett, Hollowell, Hood, Hyman, Ing, Jones of Washington, King of Lincoln, King of Lenoir, Kinney, Laflin, Lee, Logan, Mayo, Marshall, McCubbins, McDonald of Chatham, McDon- ald of Moore, Mullican, Murphy, Nance, Nicholson, Patrick, Parker, Parks, Petree, Peterson, Pierson, Pool, Ray, Read, Renfrow, Rhodeis, Robbins, Rodman, Rose, Sanderlin, Smith, Stilly, Stilwell, Sweet, Taylor, Teague, Trogden, Tucker, 1868.] CONVENTION JOURNAL. 49 Turner, Watts, Welker, Williams of Wake and William- son— 87. Mr. Tourgee offered the following substitute l That all Members and Officers, except the President, re- ceive 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, Janttaey 22d, 1868. The Convention was called to order at 11 o'clock, by the President. Prayer by the Rev. Mr. JBrodie-. The Chair announced a quorum. The Journal ol 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 suspen- sion of debts. Laid over under the rules. Mr. Galloway offered a resolution asking for a postpone- ment 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 4 **> 50 CONVENTION JOURNAL. [Session be instructed to report an Article on the subject of Impeach- ment. 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 resolntion 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 com- munication he may deem fit to make, beg leave to report that they have performed that duty, and that his Excellency, Gov- ernor 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. 186S.] CONVENTION JOURNAL. 51 UNFINISHED BUSINESS. The amendment of Mr. Bryan to Mr. Rich's amendment of Mr. Hood's per diem resolution offered Monday, was submit- ted 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, Hoftler, 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 William- son — 61. Those who voted in the negative are. Messrs Aydlott, Bradley, Bryan, Durham, Ellis, Etke- ridge, Forkner, French of Chowan, Gahagan,' Galloway, Gar- rett, 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. • 52 CONTENTION JOURNAL. [Session 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 : Pesolved, That a Committee of three be appointed by the Chair to confer with Major General E. R. S„ Canby, Com- manding 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 ol 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. Mi\ 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, Plollowell, Holt, Lennonj Mann, May, Marshall, McCubbins, 1868.] CONVENTION JOURNAL. 53 Merritt, McDonald of Chatham, McDonald of Moore, Peter- son 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, Frank- lin, French of Bladen, French of Rockingham, Fullings, Ga- hagan, Galloway, Garland, Garrett, George, Glover, Graham of Montgomery, Grant of Northampton, Gully, Harris of Wake, Hay, Hayes of Robeson, Hayes of Halifax, Highsmith, Homer, Hood, Hyman, Ing, Jones of Caldwell, Jones of Washington, King of Lenoir, Kinney, Laflin, Lee, Legg, Logan, Long, Mayo, Morton, Mullican, Murphy, Nance, Nich- olson, Patrick, Parker, Parks, Petree, Pierson, Ragrand, Ray, Read, Renfrow, Rhodes, Rich, Robbins, Rodman, Rose, Smith, Stilly, Stillwell, Taylor, Teague, Tourgee, Trogden, Tucker, Turner, Watts, Welker, Williams of Wake and Wil- liamson. — 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, Gar- rett, 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, Trog- 54: CONTENTION JOURNAL. [Session den, 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 prosper- ity 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 Constitu- tion, be made the duty of the Legislature after the year 1370, 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. 1868.] CONTENTION JOURNAL. 55 The Journal of "Wednesday was read and approved. Mr. Rich offered a Petition of Divorce from Dewitt (X "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 ac- knowledge the receipt of your letter of the 17th inst., report- ing the organization of the Convention of North-Carolina. Yerj respectfully, Your obedient servant, LOUIS Y. CAZIARC, a. d. a & a. a. a. 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 rela- tive to the qualification of voters. Referred to the Committee on Suffrage. v 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 Com- pensation of members of the State Legislature, 1 56 CONTENTION JOURNAL. [Session 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. Ren fro w offered a resolution relative to the rights of" citizenship. Referred to the Committee on Suffrage. Mr. Ashley submitted a resolution instructing the Commit- tee of sixteen to report a standing Committee on Industrial Resources. Lies over under the rules. Mr. Abbott presented a communication from J. W. Etlie- ridge, of Roanoke Island, in regard to the election in Curri- tuck 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. Ra^land submitted an ordinance Regulating the Juris- diction 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 Improvements. Mr. Welker introduced an ordinance respecting the liabil- ities of Banks. Made General Order and referred to the Committee of the Whole. Mr. Teague introduced an ordinance respecting Registra- tion 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^ 1888.] CONVENTION JOURNAL. 5T 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 per- formed 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 * t~ 58 CONTENTION JOURNAL. [Session 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 inter- course 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 torn spe- cific inquiry. Upon <5ue notice of your wish to be furnished with any in- formation 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 : JResolved, That the use of this Hall be granted to the Rev. Dr. Smith, of Raleigh, for the purpose of addressing the mem- bers 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, fix- ing the per per diem at eight dollars per day. 1868.] CONTENTION JOUKNAL. 59 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. Eefered to a Committee of eight on Relief. The President appointed the following Committee on ^ Relief. 1st Judicial District, Pool. 2d " " Rodman. 3d " " Read. 4th " " McDonald, of Chatham. 5th " " French, of Bladen. 6th " " Forkner. 7th " " Bradley. 8th " " Duckworth. In conformity with the resolution of Mr. Abbott, passed Wednesday, the following Committee was appointed • to con- sult 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. 60 CONTENTION JOURNAL. [Session HEADQUARTERS SECOND MILITARY DISTRICT, Charleston, S. C, January 20th, 1863. 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., informing me of the perma- nent 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 convic- tion 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 rela- tions 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. Yery 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 reso- lution 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 Miscellane- ous Affairs, 1S68.] CONVENTION JOURNAL. 61 3d. A Standing Committee of three members on the re- vision 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 ne- cessary 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 De- partment 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 dis- charged from further consideration of this subject. The following reports of the Committee on Contingent Ex- penses, 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 con- tracting with some competent person to report the proceed- ings and debates of this Convention, beg leave to report. That we have contracted with Joseph ~W. H olden, 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, 62 CONVENTION JOURNAL. [Session 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 peti- tion in relation to the Chairman of various Committees reques- ting that they be allowed to employ a Clerk conjointly, beg leave to report that they have had the same under considera- tion, 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 Sec- retary 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 1868.] CONVENTION JOURNAL. 63 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 reso- lution : Resolved, That the delegates of the Constitutional Conven- tion 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 Com- mittee on Counties, Towns, &c. Mi. Parker introduced a resolution on Taxation. Referred to the Committee on Einance. 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. U CONTENTION JOURNAL. [Session 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 note? and accounts of deceased persons shall be paidjw? fata. 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 Wes- tern North- Carolina Rail Road Company to endorse its Cap- ital Stock for other purposes. Referred to the Committee on Internal Improvements. UNFINISHED BUSINESS. The resolution of Mr. McDonald, of Chatham, asking Con- gress 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 Mi\ Ashley, was taken up and adopted. Resolved, That the Committee of of sixteen be, and is here- by 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 JS T orth- Carolina, in Conven- tion assembled, That the Treasurer of the State of North-Car- 1968.] CONTENTION JOURNAL, 65 olina, 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 previ- ous 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, Ben- bow, Blnme, Bradley, Bryan, Carey, Carter, Candler, Cherry, Chillson, Colgrove, Coiigleton, Cox, Dickey, Duckworth, Ellis, Eppes, Fisher, Forkner, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Gal- loway, Garland, Garrett, George, Glover, Graham of Mont* : gomery, Grant of Way e, Grant of Northampton, Gully, Gun- ter, Harris of Wake, Hay, Hayes of Robeson, Hayes of Hali- fax, Heaton, Highsmith, Hobbs, Hodnett, Homer, Hollowell, Hood, Hyman, Ing, Jones of Caldwell, Jones of Washington, King ot Lincoln, King of Lenoir, Kinney, Baffin, 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, Ren- frow, 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, Dowel, Durham, Etheridge, Graham of Orange, Hall, Holt, Lennon, Merritt, Sanderlin and Tour- gee — 12. On motion the House adjourned, SATURDAY January 25th, 1868. The Convention was -called to order at 11 o'clock, by the President. 5 66 CONVENTION JOURNAL. [Session 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 ordi- nance regulating the jurisdiction of the Courts of Law and Equity for the payment of all debts contracted prior to May 1st, 1 865, 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. 1868.] CONVENTION JOURNAL. 67 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 Com- > mittee 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 disa- bility. 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. 68 CONVENTION JOURNAL. [Session 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. Me. T. A. Bvknes, Secretary of State Convention, Baleigh, JV. C: Sir : — The Colonel Commanding directs me to acknowledge the receipt of a resolution passed by the Constitutional Con- vention 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 Conven- tion for the honorable compliment. I am sir, Very respectfully, Your obedient servant, DANIEL T. WELLS, 1st Lt Sth Infantry, Brevet Major. Post Adjutant. Mr. Gimter introduced an ordinance in relation to Suffrage. Referred to the Committee on Suffrage. 1868.] CONVENTION JOURNAL. 69 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 divi- dend or interest for or on account of its investment, subscrip- tion 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 cf North-Caro- lina 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 endorse- ment for Hail Roads or other improvements, what further en- dorsement of Rail Road Bonds she is directed to make under any existing laws or regulations, and when passed, what pro- perty, 01 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, 70 CONTENTION JOURNAL. [Session 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 Print- ing have power, on the request of the Chairman of any Com- mittee 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. Lanin 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 Samp- son Countjr, respecting the late election in that County. Referred to the' Committee on Elections. Mr. Hood presented a resolution relative to the appoint- ment 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. 1868.] CONTENTION JOURNAL. 71 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 ad. mission 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. Welter 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 con- tracts shall be held sacred and inviolate. 72 CONVENTION JOURNAL. [Session Lies over under the rules. Mr. Laflin introduced a resolution on relief. Referred to the Committee on Relief. Mi*. Pierson introduced a resolution requesting the consid- eration 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 : JResolved, 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*elock the Convention resolved itself into a Com- mittee of the Whole. Mr. Jones, of Washington, m 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 Ex- ecutive Department of the State, beg leave to submit the fol- lowing Article, as within, in eighteen sections : W. NICHOLSON, Chairman. 1868.] CONVENTION JOURNAL. 73 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 Attor- ney-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 con- tinue until their successors are elected and qualified. Sec. 2. No person shall be eligible as Governor, or as Lieu- tenant-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 election^ nor shall the per- son elected to either of these two offices be eligible to the same office more than four years in any term of six years, un- less 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 Ex- ecutive 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 pub- lish 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 dul}' 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 pre- scribed 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; 74 CONTENTION JOURNAL. [Session and laws of this State, to the office to which he has been elected ; that he will faithfully execute the duties appertain- ing 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 Constitu- tion of the United States. Sec. 5. The Governor shall reside at the seat of Govern- ment 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 condi- tions 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 previ- ous 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 rela- ting to the duties of their respective offices, and shall take care that the laws be faithfully executed. Sec, & The Governor shall be Commander-in-Chief of the 1868.] CONTENTION JOUKNAL. 75 Militia of the State, except when they shall he 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 procla- mation, 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 Con- stitution, or which may be created by law and whose appoint- ments 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 un- less 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 Gov- ernor 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 Lieutenaut-Governor shall be unable to preside over the Sen- ate, 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 Lieu- tenant Governor shall, for any reason, be prevented from dis- charging the duties of such office as above provided, and he shall continue as acting Governor until the disabilities be re- moved 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 76 CONTENTION JOURNAL. [Session 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, Super- intendent 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 sec- tion of this article. Sec 14. The Secretary of State, Auditor, Treasurer, Su- perintendent 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 jour- nal 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 At- torney 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 emolu- ment 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 re- quire, and shall be called " the Great Seal of the State of North-Carolina." All grants and commissions shall be issu- ed in the name and by the authority of the State of North- Carolina, sealed with " the Great Seal of the State," signed i 1868.] CONTENTION JOtJRNAL. 77 by the Governor and countersigned by the Secretary of State. Sec. 17. All fees that may hereafter 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 di- rectly into the Treasury of the State. Sec. 18. There may be established in the office of Secreta- ry 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 Com- mittee 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 for- ward the same to General Canby, arid 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 Corn- 78 CONTENTION JOURNAL. [Session mittee on Relief to report an ordinance declaring void certain contracts, &c. Lies over nnder the rules. Mr. Laflin presented a resolution retiring present outstand- ing State Bonds and issuing new ones in their places. Lies over under the rules. Mr. Parker introduced a resolution in relation to the ses- sion 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. N Mr. Hyman introduced a resolution instructing certain committees as to the revision or framing of the Constitution. Referred to the Committee on Suffrage. -y Mr. Eppes introduced a resolution in relation to the taxation of Cattle, &g. 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 Recon- struction 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 encour- age the establishment of Manufactories. Referred to the Committee on Finance. UNFINISHED BUSINESS. __'._ The resolution of Mr. Hood regarding the removal of disa- bilities, was taken up and discussed. A 1868.] CONTENTION JOURNAL. 79 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 Wash- ington, 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 office* 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 Lieuten- ant-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 per- son 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, Ja^aey 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 : SO CONVENTION JOURNAL. [Session STATE OF NORTH-CAROLINA, Treasury Department, Raleigh, January 27th, 1868, Hon. C. J. Cowles, President of Constitutional Convention of North- Carolina : Sir :-=-! 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-Caro- lina, 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 tinder any obligation in the future to pay ; what is the entire amount of the Capital Stock of said Com* pany 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 ex» tends the qustions therein, seriatim : 1st. The stock of the State in the Albemarle and Chesa* peake 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 out- standing "$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. 186S.J CONVENTION JOURNAL. 81 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 tip, viz : By State of North Carolina, $350,000 Currituck County-, 44,000 Individuals, 494,100 888,100 1 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 communica- tion 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 Com. p.any. -I 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 im* mediate action on the Constitution, and a bill forth© relief of the people. 6 H, 82 CONVENTION JOURNAL, [Session 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 im- mediate 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 spe- cial 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 Reso- tion and recommend their passage : AN ORDINANCE RESPECTING THE JURISDIC- TION OF THE COURTS OF THIS STATE. Section 1. Be it ordained ly 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, (ex- cept 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 recover- 1868.] CONTENTION JOURNAL. 83 ed on any such contract, whether such action be now pend- ing, or shall be commenced hereafter, and whether such pro- cess 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 recom- mending 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 in- sert after the word " except," " contracts or engagements en- tered 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 resolu- tion : Resolved, That the Committee on Finance, either in the \ 84 CONVENTION JOURNAL. [Session name of the whole Committee or in the name of a sub com- mittee, be authorized to negotiate a loan not to exceed ten thousand dollars (10,000) in order to pay the mileage of mem- bers. On motion the rules were suspended and the resolution adopted. On motion the house adjourned. THURSDAY, Janttaey 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. 1 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 Com- mittee 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 levy- ing a tax of seventy-five per cent on old debts. On motion, was ordered to be printed. Mr. Teague presented a resolution instructing the Com- 1868.] CONTENTION JOURNAL. 85 mittee 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 86 CONTENTION JOURNAL. [Session the State, outstanding on the first day of October, 1867, ag- gregating principal and interest $13,970,000, and adding in- ternal 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 in- terest 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 incon- considerable. 2d. A list showing the stocks and other securities owned by the State. I have also given a list of bonds issued for internal improve- ment 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 $6S2,500, 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 ex- actly 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 Com- pany results from the transfer to that Company of $1,000,000, second mortgage bonds of the Wilmington, Charlotte and 1868.] CONTENTION JOURNAL. 87 Rutherford Rail Road Company, in exchange for that amount of stock in the former company, under the act of February 56th, 1867, entitled " An act to enable Western Rail Road Com- pany 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 oi 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 Ruth- erford 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 Com- pany, 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 Compaay, 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 SAIL ROAD COMPANY. The charter of the Western North-Carolina Rail Road Com- pany, 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 88 CONTENTION JOURNAL. [Session: 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 when- ever the estimated cost of any portions or sections, such por- tions or sections to embrace at least $50,000 worth of work at the estimated cost has been subscribed by solvent individ- uals, &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. 9. 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 amotmt 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 superstruc- ture, 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 Di- vision. 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 re- 18-68.} CONTENTION JOURNAL. 80 strictions 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 BAIL KOAD 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 l&th, 18S5, has not yet been acted on. I am not aware that the State is under any further contin- gent liability to Rail Road or other corporations. The obli- gation 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 con- templated. 90 CONTENTION JOURNAL. [Session The following stocks in corporations are owned by the Lit- erary Fund : Bank of North-Carolina, $502,700 Bank of Cape Fear, 544,400 Wilmington and Wei don 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 he, Very respectfully, KEMP P. BATTLE, Public Treasurer. TABLE, Showing the different Classes of Beads issued by the State of North-Carolina, authority under which issued. Date of Bonds, when due, &c, at date of October 1st, 1867. it uii.li penrore. date or noxte. Tii ]"iy -Ii'IjIi. uf llie Stale to liaiikr, Ac- Kifcllcvillo nnj Western Plank Road, GeStOD & Wdd.ni IL.il Itonu", ami Nci Kurtli-Carulinn Kail Hum], Fnycltevillc and Centre Plank Bond, rilloes Warsaw Plank Road, lor Rivor, Iluniio Asylum, .\ti„t.nv.\. \„ : -t:, <';,r.,i; ll( , l&iilRv..?. V. . nl 1 - i --';>, vte[: 37, A. of I 1 ! 11 ■i'rrli^.. R ; C r. ActLif IS4S-'Vll»pJ82,f Act of 1854, eluip.SB, Act of lB6*,d>ap. 188,8 !Art of 1854, cJmp. 2Q1, ret D„. Act of I851-'i,chap)8B, 8 lActof ISM, chap, I!. Act of l8A4,tIiap. ■. Act of I-'.".';, (imp. ; July " Jamtarv fitly .[auuai-v July .IllTilliirr April ' April July April .liillilill'Y (>, l.,i., I .Inly »i« 1850,1 1851, 1852, 1. lS34,ViiIy 1, IS55, Jon Miry 1, 1855. j July I. 1*5::, January 1. ]-:.:;. Jnly 1, 1854, [January 1, ISWjJJnly ], 1855, January 1, 1S55, April I, 1855, April 1. IS.iG.Jnlv I, 1357,1 April 1. 1858, January I, ISaSjOctober I, I85S,{July i. 1-- :. 1, ISM. 1, ISM, 1, I $7.-1, 1. is;<:. 1,1S!" July I, is:,.*.. July January 1, 1857. January [miliary 1, lsriu. January liisimirr April .liihiiiiry ■ Irti ri July ' 1, ls:,li. 1,1*:.T. 1,1888, i,is:.s. I. 1*50, January '. IS-"' 15 . .|aml:;rv J ii nnary Ntiiiiiirv July I. 1857,! January I. lS57,Juty 1, 18S7. October 4U7.i'(Mi 4Sl,IHI(i 4,"i!I.IHHI 1 IS.IMJO ::IT. m:;,(ii«i 20, i 9,(i(li) 2. 4,000 Restored (Di lf.di" i 1. 31,1 10,00(1 ;.lo,nin> -::),:.( ii :; 74,i hi, Uupc [•VwA h-. T K. Dm. 1 prior to May '-Mil. 1801, In favor or Cnthciint Kendall. IttgMtcri-fl CertiilciHe- of Literary r'iin.1. nl lSIWjijliia 1-19, Acl ,,r |s t ;:,.,i N ,|..:i. '- of 1307, Ail-. 60, D... Do. Acl of 1858, (Lap 143, «c -■■. Act 1834, diftp.5, Act ■■! 1858, cluip. US, Ant of Sturdi 10, ISOO, Resolution Of iiureh In. l-'.i: Act of i-'!7, i i, 1853,U 1, is:,\j l, IS5S,'( April 1, 185!), April January 1, 18C0,[Jaiiuarr October 1, 1S0O, October October 1, 185cJoetol)er Jul,- 1, 1837. July [jaminry 1. I85«.'J,inuarv April July l rctobcr .(;iiiii:ii'v, April ■ July n Coii]Htu;-l'rlii. ami Int. payable 198. 103,000 :'v-,. I 1 ".. 50,000 ■*::•«. 2:1, , IB55,Unly 1, 1S05 ,i«5i;'jui, , 1655, July 1, 1883, SOi!,' January 503. January t oJt-f.uiJiiiH due 1.07s.Oiui 93,000 71.5 2.2 .o.r.i.H 1,000 320,0' WHAT CLASS. Six per cent. Tiio Imok; i!o not show Jat iiiuturity, tliough known to be dim. and Int. payable in New York,) Coupons (Priii. and Int. payable in New Yurk,] Mia (Prin. and Int. payable in New- York,) .Coupons (Prtu. and Int. payable in New- York,) 'Coupons l Priii. and Int. payable in New- York,) Coupon* (Priii. and Int. payablo ii percent. i New- York,) i Woiv-YOrfc,) Six pur cr ind Int. payable in New-York.) i '.■iipi.ii Coupon L',!iij...|is Pnynliti i. and Int. payablo in Neu-York-.i Prin. and Int. payable in Now- York,) Six pur ci Prin. nnd Int. payable in Sew- York,) Six pere (Prin. and Int. payable ii Prin. and Int. payable ii [Prin. and Int. payable it Treasury, a-- York.) Hi iv-YorkJSi Bonds issued for Internal Improvements puriioses since May 20th, 1861, and prior Weitom ICoalfluld) Itallrond, W,~l,ii, S' t ,riti-t' ; ,r..liiiii Kailniad. Wilmington, Obnr. i Riilliorfora K. It.. I'liiilliaiii Railroad, Act of lSOO-Jl, olilujtor 1".;. ici tiun ' Ail ,.f ISOO-'l, chapter 22^, section : Ait of lson-'Lilinplvr li'. Ordiuanco of Convent ion, Pnragmph l.(i Oetolirr 1, lBOVOctober 1,1391 lOctobor 1,1801. October 1,1801, .Inlv 1. l^iiJ.Julv 1. | sli^. IJoniniry 1. 1803, January 1, 1888, Ijuiusry 1, liU3,Jaiiiiiirv 1, 1SS^, lated due and unpaid, 20(1, (' 220,000, 493,000 to the year 1866. ^l.,,i). H , |U „d willi I!. A-G. IE. R. (Jo. f20D,0'J S T O C Iv S . 8,000, ilii- amonnt 81,000.000 is preferred stock, £500,000 of ].iiii;„'iMH.if tlii- aiiionni s-. ■!.,■ i.i were enlweribed lor October lit 2508,000 850, 60,000 1,000,1 81,000,000 of tltu aubacribotl for under Act 1S60 and 8i, !-,;:}4,Di'i' rityof nokigii. i:.i!,i-)i ,V li.i-l.':, lLiil II 1 Companv, W iliiiii,..|..!i, CIi-iiImiu- A K,nlu'ri..r.l Knii l;, M ,| ,■ n n 1)., "'fany. Total llonib, Inter K^iouer 1, Aprf] ' July 1«H3. January i-il.i. .li.iin.irv lSeOJOctobcr 1801, April ISOS/July I . 1, 1833, I, I-'"'.* 1, 1801, 1. 1^% 1,1V HI. ■-.:'« I 187,500 -i:.,iH». 1,440,50.1 p,:.^-i. :.'.«. By Act ratified DtcenAu 20tb, 1906, tb«c Bonde wore made eccood Mortgasc Bonds, I II 1868.] CONVENTION JOURNAL. 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 Con- gress 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 Com- mittee 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, Ben- bow, Blume, Bradley, Bryan, Carter, Candler, Chillson, Col- grove, 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 92 CONVENTION JOURNAL. [Session Waye, Gully, Gunter, Harris of Wake, Harris of Franklin, Hay, Hayes of Kobeson, Hayes of Halifax, Heaton, High- smitli, 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, Mivrphy, Nance, Newsom, Patrick, Parks, Potree, Peterson, Pierson, Pool, Eagland, Pay, 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 Tour- gee — 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 Plouse 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 sec- tion 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 in- serting, " 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 1868.] CONVENTION JOURNAL. 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 " " " Section 9th " " " Section 10th " " Section 11th " " " Section 12th " " " Section 13th " " " Section 14th " " " Section 15th " " " Section 16th " " " 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 per- son elected to either of these new offices be eligible to the same office more than four years in any term of six years, un- less 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 strik- ing 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 amend- 94 CONTENTION JOUKNAL. [Session ments in the 4th line, striking out the word " such " and in- serting " 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 Ash- ley. / 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 yesterdaj" 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 accom- panying resolutions introduced by the delegate from Halifax, Mr. Eppes, and have concluded that the subject matter there- of, does not properly come within their power and they would respectfully ask to be discharged from its further con- 1868.] CONTENTION JOURNAL. 95 sideration, and suggest that it be referred ta 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 resolu- tion of the delegate from Cumberland, to consider the pre- paration of a list of persons who should be recommended to Congress for the relief of disabilities imposed by the propos- ed amendment to the Constitution of the United States, known as Article XI Y, be also instructed to consider the propriety of petitioning Congress for the relief of such per- sons as were, during the war, in hearty accord with the Govern- ment 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 con- sidered : REPORT OF COMMITTEE ON MILITIA. The Committee appointed on Militia met pursuant to in- struction, and respectfully submit the following : 96 CONVENTION JOURNAL. [Session 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 ad- verse to bearing arms, from religious scruples, may be ex» empted therefrom upon such conditions as shall be prescribed by law. Sec. 2. The General Assembly shall provide for the organ* izing, arming, equipping and discipline of the militia, and tor paying the same when called into active service. Sec 3. All officers shall be elected by their respective com- mands, 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 ser* vice. 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. COLGEOVE, WM. STILLY, SAMUEL H. HIGHSMITH, G. A. GRAHAM, E. LEGG. At 2 o'clock the committee arose, and Mr. Sweet, Chair- 1868.] CONVENTION JOURNAL. 97 man, reported that the Committee of the Whole had the re- port 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, vk : 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 ex- ecutive 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 en- grossed for final reading and passage. Fabius Haywood Busbee, Reporter for the If ortk- Caroli- nian, was expelled from the Convention by the President, by authority of a resolution passed January 16th, he having pur- posely and avowedly insulted the Convention by presenting at the desk of the President, a paper purporting to be a re- port 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, Ben- "bow, Blume, Bryan, Carey, Carter, Candler, Chillson, Col- grove, Congleton, Cox, Dickey, Duckworth, Eppes, Ethe- riclge, 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, Har- 7 98 CONTENTION JOURNAL. [Session ris 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, Ren- frew, Rhodes, Robbins, Rose, Smith, Stilwell, Sweet, Taylor, Teagne, Tourgee, Trogclen, 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, Hod- nett, Hollowell, Holt, Jones of Washington, Lanin, Lennon, Marshall, McCubbins, Merritt, McDonald of Chatham, Mc- Donald, 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 Commit- tee 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, 1S68. 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. 1868.] CONTENTION JOURNAL. 99 STATEMENT Of votes* A cast for delegates to Convention in the election dis- tricts of North-Carolxna at the election held on the \%ih tend 20th days of November, 1867, as returned by the superin- tendents of election. Elect. County. Candidates. VOTES JJlST. POLLED 1st. Burke, John S. Parks, 1,38? and W. A. B. Murphy, 1,281 McDowell. Woodville W. Fleming, 441 Robert Y. Keely, 420 Geo. G. McCoy, 33 Scattering, Total, 11 3,473 2d. Polk, W. H. Logan, 1,459 and Jesse Rhodes, 1,385 Rutherford. R. A. Shotwell, 81 Jas. W. Adams, 18 Scattering, Total, 1 2,944 3d. Mitchell Julius S. Garland, 652 and Andrew J. Roberts, 225 Yancey. William J. Silver, 35 Scattering, Total, 5 917 4th. Buncombe, Geo. W. Gahagan, ^ 2,307 Madison, Thos. J. Candler, 2,287 Henderson and Jas. H. Duckworth, 2,304 Transylvania. Sam'l. B. Guager, 702 0. L. Erwin, 684 Dr. Jesse "Wallen, Total, 699 8,983 100 CONTENTION JOUKNAL. [Session Elect. Dist. 5th. County. 6th. 7th. Jackson and Haywood. Cherokee, Clay and Macon. Alleghany, Ashe, Surry, Yadkin and Watauga. Candidates. W. B. Garrett, Win. P. Welch, Total, Mark May, • Geo. W. Dickey, David Malonee, John M. Galloway, John B. Simonds, Scattering, Total, Samuel Forkner, ' George W. Bradly, Evan Benbow, Belson Burham, John G. Marler, Edwiu C. Bartlett, James C. Gilmer, John Jones, John M. Marshall, William Burke, Wm. M. Calowav, James G. Marler, Marion Marshall, Bilson B. Benham, Johiel Smith, B. B. Benham, Scattering, Total, Totes POLLED 663 537 1,200 776 623 369 379 291 27 2,465 1,928 1,809 1,974 49 1,030 982 843 703 1,123 58 455 155 110 220 48 34 36 11,562 1868.] CONTENTION JOURNAL. 101 Elect. Dist. County. Candidates. Votes polled 8th. Alexander, Calvin J. Cowles, 3,120 Caldwell, Ire- John Q. A. Bryan, 3,066 dell and Wilkes. Wesley H. George, ' 3,098 Jerry Smith, 3,042 Calvin C. Jones, 3,114 Andrew A. Scroggs, 1,568 James H. Hill, 1,502 John H. McLaughlin, 1,552 Rev. Wm. Church, 1,505 Rev. Stafford C. Miller, 1,325 Samuel C. Miller, 224 John H. Hill, 33 Scattering, Total, 21 23,170 9th. Rowan and William M. Robbins, 1,470 Davie. Jas. S. McCubbins, 1,523 Robert F. Johnston, 1,493 Dr. Milton Hobbs, 1,524 Allen Rose, 1,545 • Isaac M. Shaver, Total, 1,504 • 9,059 10th. Cleveland. Edward Elliott, 630 Plato Durham, Total, 653 1,283 nth. Catawba. James Ransom Ellis, 638 I. B. Killiam, Total, 426 1,064 12th. Lincoln. Joseph H. King, 573 W. A. Graham, Jr.. Total, 386 359 102 CONTENTION JOURNAL. [Session Eeect. Dist. County. Candidates. 1 Votes polled 13th. Gaston. Mecklenburg. Union. Cabarrus. Stanly. Anson. Milot J. Aydlott, Robert Holland, Scattering and informal, Total, Silas N. Stillwell, « Edward Fullings, Thomas Gluyas, John Hunter, E. Stillwell, Scattering, Total, Wm. Newsom, * Edmond L. Davis, Edmund Davis, Scattering, Total, William T. Blume, . John Hileman, Informal, i Total, Levi C. Morton, ' J. M. Redwine, Total, George Tucker, Henry Chillson, Townley Redfearn, R. T. Bennett, Tn+nl 735 159 20 14th. 914 1,443 1,503 '920 917 67 3 15th. ICth. 4,853 875 308 41 3 1,227 859 463 2 17th. 1,314 417 278 18th 695 1,128 1,111 650 656 a S4.fi 1S6S.] CONTENTION JOURNAL. 103 Elect. Dist. County. Candidates. YOTES POLLED 19th. Stokes. Forsyth. Davidson. Randolph. Guilford. R. F. Petree, ' R. W. Hill, Total, Elijah B. Teague, James E. Mathews, Scattering, Total, Isaac Kinney, Spencer Mullican, Thos. P. Allen, Samnel Jones, P. W. C. Johnston, Green Lambeth, Scattering, Total, T. L. L. Cox, R. F. Trogdon, » "W. S. Tomlinson, Scattering, Total, G. W. Welker, A. W. Tonrgee, K. Mendenliall, J. Harris, Scattering, Total, 526 114 20th. 640 892 175 7 21st. 1,074 1,016 976 272 204 44 63 6 224 2,581 1,272 1,082 363 53 23d. 2,769 1,347 1,231 1,188 1,044 14 4,824 104 CONTENTION JOURNAL. [Session Elect. Dist. County. Candidates. TOTES POLLED 24th. Rockingham. Caswell. Alamance. Person. Orange. Henry Barnes, John French, Wm. JS. Hereford, George W. Griffin, Jones W. Burton, Scattering, Total, Wilson Carey, P. Hodnett, Thowas J. Brown, William Long,. Samuel Allen, Scattering, Total, Henry M. Pay, Rnfus Y. McAdea, Scattering, Total, William JMerritt, Eobbert P. Martin, Scattering, Total, John W. Graham, Edwin M. Holt, Benj. S. Hedrick, Henry Jones, Scattering, Total, 75& 741 140 308 70 12; 25th. 2,027 1,448 774 485 184 189 2£ 26th. 3,109 789- 642 1 27th. 1,432 7sa 692 8 28th. 1,488- 1,438 1,445 1,120 1,115 33 5,15! 1868.] CONTENTION JOURNAL. 105 Elect. Dist. County. Candidates. YOTES POLLED 29th. Chatham. John A. McDonald, 1,279 William T. Gunter, ' 1,223 George P. Moore, 492 Abraham Rencher, 579 Kelly Mitchell, . 271 Clabourne Justice, 696 John A. Hinks, 73 William P. Taylor, 45 Scattering, Total. 15 4,673 SOth. Wake. James H. Harris, ^ 2,930 Joshua P. Andrews, 2,971 Stokes D. Franklin, 2,986 B. S. D. Williams, 2,960 Daniel G. Fowle, 1,895 Priestly H. Mangum, 1,786. John A. McLean, 1,787 Bennett T. Blake, 1,787 Scattering, Total, 4 19,106 31st. Granville. John W. Ragland, 2,453 James J. Moore, 2,436 Cuftey Mayo, v 2,425 Robert W. Lassiter, 231 Robert A. Jenkins, 178 Elijah Winston, 97 John Peed, 229 Hatchwell Freeman, 268 Calvin Betts, 58 Robert B. Gilliam, 50 J. J. Lansdell, 58 Scattering, Total, 357 8,84© 106 CONTENTION JOURNAL. [Session Elect. Dist. County. Candidates. Votes POLLED 32d. Warren. Franklin. Cumberland. Harnett. Moore. John Hyman, yf. John Read, Peter R. Davis, Daniel R. Goodloe, Scattering, Total, James Thomas Harris, John Edward Thomas, William R. Davis, John H. Williamson, V Scattering, Total, W. A. Mann, James H. Hood, X Joseph A. McArthnr, Alfred A. McKetham, Scattering, Informal, Total, James M. Turner, Benj. C. Williams, Total, Swain S. McDonald, Charles C. Crimmon, John Ritter, John A. Barrett, Adam Barrett, TWol 2,047 1,919 572 54 45 33d. 4,637 1,246 769 811 1,372 1 34th. 4,199 1,607 1,581 846 842 20 50 35th. 4,946 729 308 36th. 1,037 632 141 210 60 126 1 1£<2 1868.] CONTENTION JOURNAL. 107 Elect. Dist. County. Candidates. YOTES POLLED 37th. Montgomery. Richmond. Wayne. Johnston. Greene. Wilson. George A. Graham, Wilburn Lassiter, Scattering and informal, Total, * Eichmond T. Long, Sr., Peter McEae, Scattering, Total, Hiram L. Grant, Jesse Hollowell, H. J. Finlavson, E. A. Wright, Scattering, Total, Dr. James Hay, Nathan Gnlley, Charles E. Preston, Lee E. Waddell, Scattering, Total, John M. Patrick, James B. Faircloth, Scattering, Total, Willie Daniel, J. W. Davis, Joseph E. Tatton, Scattering, Total, 479 267 6 38th. 752 1,244 189 3 39th. 1,436 1,301 L,301 834 818 2 40th. 4,256 1,087 1,079 821 830 2 41st. 3,819 739 346 2 42d. 1,087 668 574 195 4 1,441 108 CONVENTION JOURNAL. [Session. Elect. County. Candidates. Votes UlST. POLLED 43cl. Nash. Jacob Ing, 708 David W. "Williams, Total, 455 1,163 44th. Halifax. John W. Eenfrow, 2,546 Henry Eppes, 2,571 J. J. Hayes, 2,538 Arthur McDaniel, 737 t ¥m. D. Faucett, 744 Silvester Wilson, 704 Scattering and informal, Total, 35 9,875 45th. Northampton. Roswell C. Parker, 1,476 Henry T. Grant, 1,470 John C. Jacobs, 602 Thos. W. Mason, 425 Benj. Franklin, - 186 John T. Wheeler, 96 Scattering, Total, 32 4,287 46th. Edgecombe. Joseph H. Baker, 1,665 Henry A. Dowd, 1,663 Henry C. Cherry, 1,556 Turner W. Battle, 154 Nathan M. Laurance, 139 Isaac F. Batts, 148 Richmond Stattier, 232 D. Battle, 294 Scattering, Total, 114 5,965 47th. Lenoir. Richard W. King, 1.101 Henry F. Grangier, '363 Scattering, Total, 16 1,480 1868.] CONVENTION JOURNAL. 109 Elect. Dist. County. Candidates. YoTES POLLED 48th. Brunswick. Columbus. Robeson. Bladen. New Hanover. Edwin Legg, Walter G. Dusks, Westley Hodge, Scattering. Total, Hayes Lennon, M. Powell, H. Lennon, Scattering, Total, 0. S. Hayes, Joshua L. Nance, W. S. Chaffin, John Leach, Blank, Total, Abial W. Fisher, Frederick F. French, Bertram Robeson, R. Franklin Lewis, Total, Gen. Jos. C. Abbott, Samuel S. Ashley, Abraham H. Galloway 3 Oscar G. Parsley, William E. Freeman, Solomon S. Satchwell, Scattering. Total, 697 382 92 1 49th. 1,172 5S4 46S 24 4 50th. l,0SO 1,568 1,569 1,050 1,035 1 51st. 5,223 1,112 1,112 575 575 52d. j 3,374 2,926 2,920 2,913 1,094 J, 093 1,085 7 12,038 110 CONVENTION JOURNAL. [Session Elect. Dist. 53d. 54th. Duplin. Sampson. 55th. 56th. 57th. Tyrrell and Washington. Martin. Bertie. Candidates. John Alexander Bryan, James Warren Blount, John W. Peterson, Samuel High Smith, Scattering, Total, J. D. Pearsall, Alexander Williams, Lorenzo Dow Hall, Sylvester Carter, Randal Hall, L. D. Hall, Lorenzo D. Hall, Ransom Hall, Scattering and informal, Total, E. W. Jones, W. W. Walker, Scattering, Total, Samuel W. Watts, James E. Moore, Scattering, Total, Bryant Lee, Parker D. Robbins, Scattering, Joseph Beasley, Ned Outlaw, " Total, 1868.] CONTENTION JOURNAL. Ill Elect. Dist. County. Candidates. YOTES POLLED 58th. Hertford. Gates. Chowan. Perquimans. Pasquotank and Camden. Currituck. Jackson Boon Hall, Lemuel H. Boon, Charles H. Foster, Total, Thomas L. Homer, » John Brady, Scattering, Total, John P. French, Daniel E. Ethridge, Scattering, Total, Dr. ¥m. Nicholson, * Scattering, Total, Mach. A. Taylor, Chas. C. Pool, Geo. W. Brooks, "VVm. J. Manisett, Total, Thomas Sanderlin, Joseph W. Etheridge, Scattering, Total, 515 507 174 59th. 1,196 440 342 12 60th. 794 632 472 1 61st. 1,105 851 2 62d, 853 1,258 1,273 609 547 63d. 3,6S7 445 412 51 908 112 CONVENTION JOURNAL. [Session Elect. Dist. 64th. 65th. 66th. 67th. County. Craven, Onslow. Carteret. Jones, 68th. Beaufort. 69th. Pitt. Candidates. David Heaton, Win. H. S. Sweet, Clinton ]). Pierson, > Frederick Miller. John McCotter, McAlister Roughton, Scattering, Total, Franklin Thompson, Jasper Etheridge, David W. Scott, Total, Abraham Congleton, L. W. Martin, Scattering, Total, David D. Colgrove, James T. Dillihunt, Total, Yotes POLLED 3.221 3,217 3,191 520 517 481 89 11,236 224 326 188 738 S09 650 2 Wm. B. Rodman, 853 fin. Stilley, 845 Jas. B. Stickney, 630 John C. Gorham, 634 Scattering, 21 Total, 2,983 Byron Laflin, 1,429 Davis J. Rich, 1,428 Lomis Hilliard, 1,044 Wm. M. B. Brown, 1,034 Total, 1,461 530 305 S35 4,935 1868.] CONVENTION JOURNAL. 113 Elect. Dist. County. Candidates. Votes polled 70th. Hyde, Andrew J. Glover, Banister Midgett, Scattering, Total, 563 429 9 i 1,001 BUREAU OF CIVIL AEFAtRS. Citadel, Charleston, S. C, January 28, 1868. The foregoing is a correct statement of votes cast for Dele- gates to Convention in the Election Districts of North-Caro- liea at the election held on the 19th and 20th days of Novem- ber, 1867, as returned by the Superintendent of Election. A? J. WILLARD. In charge of Bureau Civil Affairs. 8 114 CONVENTION JOUKNAL. [Session GO ~CO Eh co O^ i— i ~ g£ H GO oQcq Ph tf H r co « H P a m < H O © c o O ■+^ • I— I CO C O O CD o § g CD f-( eS .a J 'p a o be fc. PQ § O CD O S o3 U o CD CD 03 o p o CD CD t> c3 .P i— i co o ^ o3 © GO -g CD § ^ s £^ e *■ Ph * co £*» co ciD C3 CO fen Q CO a o •r-f a CD M 8 qs cd -3 o P +3 += o c3 rg o3 cd o3 CD CO O -i « 2 9 £> £*8 &J3 CD CD ,£5 3 o CD CD rP Z3 OS O © §

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O o 'S5[0'By2 co io CO KJiOO o 00 -* CM '^Wlii GO O »© t-ToTt-T P Ph H P4 P-: CO CO <^ !> fc <1 o Pr CO o o l-H EH <1 P O Q h-1 p H ^12 S Co 03 CD CD o l-H Ph <1 O Oh PS 53 cS WPh^ '1 s ia • uoi^oata r-» CM CO 1868.] CONVENTION JOURNAL. 115 t- OS lO t-©THO>COOOOOrtH-COOOOJ><^N!OCOt-Oit-rt< CO "*< 0 CO o os co woocoooNffnooi^oKMt-ioffi^iaTHiouiiM Tji«;t- CO^HOOOO^C^OOiO^COGO^hllOOOCOCOt^OOfc-TH CO CO OS t-^fc- «3 OS t- CO 00 OS^O^O^CO r- 1 K5 O H CO i> O^tO 00 t- oC C^Tco'oT r-Tr-Tr-T i-T i-Tr-Tr-Tr-Tr-lVr ^■j 00 00 U5O^(MHOt0(NC0OTHaOt-(N©^cO(M©OOiCOt-©aiCOiO^ "tH"*0 OJOlOt-HH^iOfM^QOb-O^J^ioOO^OOOOO fc- r-l rH CO CO^OOQ CO ■<* rtf CO^ t- CN O^CO tH CO rfl ^H CO t-^t- 00 t-TtH t-T t-? r-Tr-Tr-T ^1 ^ tH HO^^^t-COCOOJlOOHOHOOlMOWHOOt- COOCO »0'*©K5«5aiiO(MOt-WO;QO'*t-COaOCO'*0 COjH <^0O Q0 : t^CO^ 00 O^OS^CO^tHSO OJJ^CO^O^CM ;■<© ■* CO co^ ©^ CO^r-Tc^f lrTtfTcCT-jN-r rH~r4"rH~iH%H~r4"rH~rH~<^(^C^rH%H%H~r-r -C! ^ rS P P n3 3 • 3 a I s ^ P jog 3 5 R^ os ~ O >^ a ill s|^ I S'S'fe'9 S ® S~B ^fl iff -S'o o.S^ § p g W^<1 OAOOr^O^£OaQOn^CO cc^qc«coco-*ohj.-^ooi CMCM^tiCOCMCMCMT-lrH tH CM T-l (S N W ^ Ol h O iO CO N l- O H H^cooiH^Hiootomow 53 g o O ! 8 o « ft o o pq BO M o o 2} "SI^OX laiOffltMGOOlO'QOOiOOiOCO Oi 00 CM CM ^ O CM © CM H t- o: ^ OS CO CS^Qj^eC^ T-H^CO^QO^CM^O -t-^ CD^ CvTco"^^<^CM"D5"r^r^rH"cM^oCc>r •&5[0'Bjg; HffiiNCMrm^COHCD^THOl'* 0H-OO00C0^H1O(M00CMh CMHCSiOCMtHWiO'^coOCMOI r-Ti— PffTGcTc?! T-TrrT r-Tr-T H ■saijiyk ^OGOCDHO)t-CD-*iOCDCM CGHtSiOfMNiOOOOGW o cs^©^© oo T-H^io^oo co^co as *o,t-^ CM" CM" CM" CM" r-Ti-T t-T iHff CO Q 00 H H § O o Orange, Chatham, Wake, Granville, Warren, Franklin, Cumberland, Harnett, Moore, Montgomery, Richmond, Wayne, Johnston, 3 3R8IQ uoi^aia [ coaoHCMw^irjixit-ooao CMCMOOCQCOCOCOCOCOCOCCCQrJ) 1868.] CONVENTION JOUKNAL. 117 CO CM CM i-l THhOi-HCOCO^^OCCOOiMaOrfOGOOmt-aKlOiOOffiO WOMt*iaiOMWWt-iOO©b , COWrliO(N(Jl lO -H O (M U5 t-00C0iOOC0r^Q0l0Q0rH01OHO00(Mt-iO(J0CQm^05^00 •>. #n «"s #^1 #n ^s r~. ^» c ci »~\ »■•, *>. CM i—i CM rl i— I i— I CM t— I l— i r- 1 r- 1 i— I CO C000»OJ^Q0COi— KMNiaffiOl^ONCOOlMOQOWOOt-aiO OOOlOOOSOQONCOWGOHCJlHt-COOOCDOSCO-^HCO'Xi CO ^ -m CO^— i O^-^H rH O CO^CO©j3i C^CO^CO ^ CM J£- tH CO 00 Oi CO t- ^ r4^ r-T in" Co" O}" CM" r^" th"i— '"cm"t-T ^" r-T i-Ti—Ti^ih" r-T t-T r-T Co" i— T 00 CO lO G5 GO lOTtKS-i^COCXH^HWCOOiOCO^OiOOH CO CO CO CM OS COt-QOCOOOCCt-t-NCOHOOOWanOM-*® O "^H CM CO r- 1 l* rH © eD^CO^OS OS 00 00 COW CM 00 tH 00 00 Ol CO t- ^ t-Tt-Ti— <"co"cm" i-Ti— "V-TcNTr-rco'V- "' *-? T-i T-? T-i r-i i— r r-T Co" i-T CSCO^iOnOOOCOOOiOHOSCarfOCrat-CM^COOOCOCO^ OCOTHCOt-tDOOJ>COm>OCMjaNt-CMQ005t-©C ; 10t-'HTH <*# OS OS CM^Oi 00 © ■•* CO O^O^r-l SpVjH© i^CM -*t< i—( CM CO OS CO fc- CM^OS t— Ti— Tt-T"^"cm"co" cm" i-T r-T co" cm" o~ cm" cm" cm" t-Tcm" t-Ti— Ti— Ti-Tcm"i— Tt^" — Tt-T OMWOOtSQOOOcOHfflTHHOCOl^OOiNWHHCOfflca oot-^toffiNtMHm^fficooaiffiWNcoccosHQOcoo^ fc- os oo r-^co co © t- o "^rH^cM^TH^qi t- t- cM^t- -^ co co *o co H^fi t- co"i-n"cM"'r-r t— Pi— i co i—i l— r i— r oo" COCOHlOHCOff)OOrjOOiC>OHOHClCNm!>iOClO»00 omt-ciH'*cs^ocoaon-*ocoi>ioH(MoooHc»'-C5 ^©©©COCMOSi— OOWJOOs^HOCMOSOst^t-Ot-^OsioaOTH B § &o a • l— « r~\ M «-> * ■ fe s a CD ,- CT 1 CT 1 5- > i-S O o 2 *£ l *Lf§ l 3 r « CD £ O O^oa 3 ^03 © ffl ^ 3 cj S S C cl HCMM-HiOOt>OOOiOHCNCO^OOb'COOiOHCMt(5-* >0~CD~ ^^^^^•^^^■*K5iOiOlO«5lOiOlOK5iOCOCDCOCOffiCOO 118 CONVENTION JOUENAL. [Session s^JX P raJ0 .J n I 1 1 CO CO M»0>00 1—1 •u c aiioq ^sui'eSy OfflCOH CO SO OS -^ CO OS s WJX J ' '°K GSf CO MS CO O O CO 'U^UBAnOQ 13 JOj[ -H CQ tH OS 4D OS lO lO o s WI£ jo 'O.M i— 1 co" ' OS CO CO o o o •pgnoj CO lO^"^© co BMUPJI -ojsj r-TcC i-T co" CO I-H CONCiO •S^STrj noj •flOiOO CO MS^-^O raoij e^SaaSSy r-Tofi-r Q § HI CM -* OS i-H co g CM CM OS ^ HO o •qB^ox t-T CM*" C?T r-T co^ os" H fc Pr 1— 1 O ft 2 • o OS lO OS lO CM 1 H 3 CO CM ^# CO CO 1 CQ c o *S5[0'B^g; M5 OS -* ITS I— i OS c £ <1 o CO P M H fci t= O Q 5-1 - o as, -J2 o - S +T 'V 'w.a uoipaia; | t^ CO OS o GQ < ao CO r-GO CO CM U © C3 CD Q O Phgo. O P 5 H o co wo t Q co ^rr-j £ a k^ co y •» _ q » D K y .H T3 CO CO q CO H co > o H 2 a cm £ » .1 „<3 a © 3 ^5 *" ,r) <} v I— \ r? S Sr? O CD CD.2 ^ t> . >» c S Fs CD « o • s^^l rS ?« CD '"rrj CD CD 5-i jj .1-1 ■— ' i-H r-* .2 CO P3 CD £ -g «H •2 % £M ° CD co __ CD © CD i-fl co f" ^ s ■+-. a s •> H CD -+J a= =2 S > .2 c G.2-r- r ,br 5h >h +j QJJ S?- ft5 > • 6 CO CD CO -»J 5-1 l—l r^ ■ O" co ° t- cd cc- cq ,°- c? S ffi 2 a b ■a 5s " «3 CO *= ^^, g +3 O S CD O D g ^^°-S ri H ri -i " CD c« fl 52 7!^ CD : 2 § 2 § E5 .a ^ ^ 5 m o = ,J ce p 52 » .5 rH ^ « -t? "2 o jh o 2 g S O cSGC «3 © 1868.] CONVENTION JOURNAL. 119 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 tlie 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. Rod- man. 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. Renfrew 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 con- 12a CONVENTION JOURNAL. [Session tracted 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. 1868.] CONTENTION JOURNAL. 121 Mr. Raglan d introduced a resolution giving certain instruc- tions 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 in trod need 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 Com- mittee on Legislature to enquire into the propriety of abol- ing the Bastardy law of the State. Referred to the Committee on Legislature. Mr. Petree introduced a resolution providing for a Com- mittee of three to petition Congress for the reduction of the. Revenue Tax on Tobacco. Lies over under the rules. WNFINISHED 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,, 122 CONTENTION JOURNAL. [Session 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 Tues- day, 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 Improve- ments 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 fran- chise, a first mortgage, to secure an issue of bonds, not to ex- ceed 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 1868.] CONTENTION JOUKNAL. 123 first mortgage shauld be reduced in amount, and their value enhanced by the endorsement of the State, so that the Com- pany 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 direc- ted, in behalf of the State to endorse the bonds authorized as aforesaid to the amount of one million dollars, which endorse- ment 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 Constitution- al Convention, ratified the 3d day of February, 1868. Pro- vided, that the amount of Bonds, issued by authority of the said act of the General Assembly, shall not exceed in the ag- gregate two millions five hundred thousand dollars, shall be delivered to the President of this Convention, or to the Gov- ernor, 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 hun- dred 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 124 CONTENTION JOURNAL. [Session bonds, be deposited with the Treasurer of the State, as col- lateral 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 lor 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 endors- ed 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 pas- sage, 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, Gra- ham of Orange, Gunter, Harris of Wake, Hayes of Rob- eson, Highsmith, Hollowell, Holt, Hood, King of Lincoln, Lailin, Lee, Legg, Lennon, Logan, Long, May, Mayo, Mar- shall, McCubbins, Merritt, McDonald of Chatham, McDon- ald of Moore, Murphy, Nance, Newsorn, Patrick, Petree, Ragland, Rich, Rodman, Still well 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, H other, Hylhan, Ing, Jones of Caldwell, Jones of Washington, Kinney, Mor- ton, Mullican, Nicholson, Parker, Parks, Peterson, Pierson, Pool, Ray, Read, Renfrow, Rhodes, Rose, Sanderlin, Smith, 1868.] CONVENTION JOURNAL. 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 Kev. 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 pub- lic interest, was read : u ? 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 earry into effect the provisions of this act, not herein other- wise provided for ; and shall provide for the leyy and collec- tion 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, 126 CONTENTION JOURNAL. [Session I will direct the payment to be made by the Treasurer up- on 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. Yery Respectfully Your obedient Servant, ED. E. S. CANBY, BrvH. 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, 1868.] CONVENTION JOURNAL. 127 Carey, Cherry, Chillson, Congleton, Cox, Daniel, Dickey 7 Duckworth, Eppes, Fisher, Franklin, French of Bladen, French of Rockingham, Fullings, Galloway, Garland, Glover, Graham of Montgomery, Grant of "Wayne, Gully, Gnnter, Harris of Franklin, Hay, Hayes of Robeson, Hayes of Hali- fax, Heaton, Highsmith, Hobbs, Hoffler, Hollo well, Hood, Hyman, Ing, Jones of Washington, King of Lincoln, King of Lenoir, Kinney, Laflin, Lee, Logan, Mann, May, Mayo, Mc- Donald 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, McCub- bins, 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, re spectfully 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 mechan- ics 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 re- port the following ordinance and request its passage : Be it ordained by the people of North- Carolina in Conven- tion assembled, That the bonds of matrimony between Wil- liam T. Hopkins and Martha A., his wife, now of Granville 128 CONVENTION JOURNAL. [Session 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, Braclly, 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, Kay, 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, Ilighsmith, 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 recon- sider was laid on the table. The yeas and nays were demanded, and the motion to re- consider 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 1868.] CONVENTION JOTTRNAL. 129 Rockingham, Fallings, 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, Lanin, Lee, Legg, Lennon, Logan Long, Mann, Mar- shall, 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, Congletoli, Cos, 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 " « R.W.King, 3d " " Hay, 4th " " Tourgee, 5th " « Hood, 6th « " C. C. Jones, 8th K " Gahagan. S3 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 : 9 130 CONVENTION JOURNAL. [Session AN ORDINANCE ON DISTILLATION OF GRAIN. Whekeas, 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 fol- low speedily : Therefore, In order that all the grain still on hand may be reserved for bread, and famine at least in a de- gree averted, • Be it ordained by the people of North- Carolina, in Conven- tion assembled, That from the first day of February, 1868 r 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 con- victed before a competent court, shall pay a fine of §50 for the first ofience, $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 Gene- ral Can by. 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 1868.] CONTENTION JOURNAL. 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 corpora- tions, 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 un- der the authority of this State," Ask leave to report that they have had the same under con- sideration, 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 132 CONVENTION JOURNAL. [Session 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 $500,00^ for contingent expenses, and be also instructed to insert in the tax bill that amount in addi- tion 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 oi 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 resolu- tion, 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 7 (except actions against public officers, executors, administra- tors, guardians, trustees, and others acting in a fiduciary 1868.] • CONTENTION JOURNAL. 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 ac- tion be now pending, or shall be commenced hereafter, and whether such process has been already issued or shall be here- after sued for ; and the sheriffs, coroners and constables of this State, having in their hands »ny final process issued upon any judgment founded on such cause of action, are hereby commanded to stay all proceeding upon the same, and to re- turn 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 recommend- ing the foregoing ordinance, with the exception of a portion of the first section. WM. B. RODMAN", Chairman. john a. Mcdonald, john read, G. W. BRxlDLET, J. H. DUCKWORTH. Mr. Graham, of Orange, offered the following substitute : AN" ORDINANCE RESPECTING THE JURISDIC- TION OF THE COURTS OF THIS STATE. Section 1. Beit ordained "by the people of North-Carolina, in Convention assembled, That Sections 1 and 2 of the ordi- nance of the Convention adopted June 23d, 1866, entitled 134 CONVENTION JOURNAL. [Session " 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 ac- count 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 pro- vided, shall have exclusiv^ 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 tor 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 pla intiff shall have judgment for the residue of his debt or demand: Provided however, That the plaintiff, if requir- ed, shall file his debt or demand in writing, and if the de- fendant 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 judg- ment for one-fifth of the residue of the admitted amount, and whatever the jury finds him indebted over and above the 1868.] CONVENTION JOTJENAL. 135 same : Provided further, That should the defendent fail to pay or confess judgment for the first or any subsequent in- stallment, 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 fn 1860 : Provided further, That by consent of the plaintiff the defen- dant at any Term of the court may confess judgment for a stipulated sum in full and final discharge of all further de- mand 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, assump- sit, 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 re- turn 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 de- crees 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 1S72 for the bailance 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, 1S69. 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 prop- erty or so much of it as will realize the balance of the debts : Provided however, That should the trustor, or mortgagor fail 136 CONVENTION JOURNAL. [Session 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 II, of the above entitled act be amended to read as follows : " That no warrants before Justices of the Peace shall issue or be return- able 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 de- mand, 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 du3, or that he has a counter demand, all of which he shall particularly set forth by affida- vit, then the defendant shall only pay the installment requir- ed 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 execu- tion for such installment » Provided further, That by con- sent of the plaintiff the defendant may at any time confess judgment lor a stipulated sum in full and final discharge of all further demand or liability upon such claim. That all 1868.] CONVENTION JOITKNAL. 137 executions on judments in actions of debt, covenant, assump- sit or account which have been, or shall be issued on, judg- ments 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 ex- ecution 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 revive, continue or enforce any judgment heretofore recovered upon any such bond, promissory note, bill of exchange or other instruments of writing ox parol promise as is hereinbefore 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 i 138 CONVENTION JOURNAL. [Session Messrs. Baker, Barnes, Bradley, Ellis, Eppes, Glover, Gra- ham of Orange, Hare, Hodnett, Hollo well, Holt, Hyman, King of Lenoir, Lennon, Marshall, MeCubbins, Merritt and Sanderlin — 18. Those who voted in the negative are : Messrs. Abbott, Andrews, Aydlott, Blnme, 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, Homer, Hood, Ing, Jones of Caldwell, Jones of Washington, King of Lincoln, Laflin, Lee, Legg, Logan, Long, Mann, May, Mayo, McDon- ald of Chatham, McDonald of Moore, Moore, Morton, Mulli- can, Murphy, Nanee, 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, Tm*ner, 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 2"^ nays 69. Those who voted in the affirmative are.: Messrs. Baker, Barnes, Candler, Cox, French of Rocking- ham, Fullings, Glover, Grant of Wayne, Grant of Northamp- ton, Hare, Hodnett, Hollowell, Hyman, Ing, Jones of Wash- ington, 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, Duck- worth, Eppes, Etheridge, Forkner, Franklin, French of Bladen, Gahagan, Galloway, George, Graham of Montgomery, Gully, Gunter, Hay, Hayes of Robeson, Hayes of Halifax, Heaton, FlobbSj Homer, Jones of Caldwell, Kinney,, Laflin^ 1868.] CONVENTION JOUENAL. 139 Lee, Legg, Lennon, Logan, Long, Mann, May, Mayo, McCub-' bins, Merritt, McDonald of Chatham, McDonald of Moore, Moore, Morton, Murphy, Nance, Newsom, Patrick, Parks, Peterson, Pierson, Ragland, Read, Rhodes, Rich, Rodman, Sanderlin, Smith, S til well, 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, Congle- ton, 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, Hol- lowell, Hood, Hyman, Ing, Jones of Caldwell, Jones of Wash- ington, King of Lincoln, King of Lenoir, Kinney, Laflin, Lee, Logan, Mayo, Marshall, McCubbins, Muilican, Nicholson, Parker, Parks, Petree, Pierson, Pool, Ray, Read, Renfrew, 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 execu- tions in ;" also in tenth line, strike out " of" and insert "in," and strike out " or process." 140 CONTENTION JOURNAL. [Session The amendment was not sustained. Mr. Tourgee moved to lay tlie ordinance of Mr. Hodman 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, Hoclnett, Hoffler, Hollowell, Ing, King of Lenoir, Logan, May, Marshall, Moore, Mullican, Mur- phy, Nicholson, Parker, Parks, Peterson, Pool, Ray, Renfrow, Rhodes, Rose, Teague, Tourgee, Trogden, Welker and Wil- liams 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 Halilax, Heaton, High- smith, Hobbs, Hood, Hyinan, Jones of Caldwell, King of Lin- coln, Kinney, Laflin, Lee, Legg, Lennon, Long, Mann, Mayo, McCnbbins, Merritt, McDonald of Chatham, McDonald of Moore, Morton, Nance, Newsom, Patrick, Petree, Pierson, Ragland, Read, Rich, Rodman, Sanderlin, Smith, Stillweil, 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, Heator>, Highsmith, Hobbs, Jones of Caldwell, Kinney, Legg, Lennon, Long, Mann, Mayo, Marshall, McCubbins, Merritt, McDonald 1868.] CONTENTION JOUENAL. 141 of Chatham, McDonald of Moore, Moore, Morton, Mullican, Nance, Newsom, Patrick, Pienson^Ragland, Read, Rich, Rodman, Sanderlin, Smith, S til well, Sweet, Taylor, Tucker, Turner, "Watts and " Williamson — 56. Those who voted in the negative are : Messrs. Andrews, Baker, Candler, Cherry, Congleton, Dowd, Duckworth, Ellis, EppeSj. French of Rockingham, Fal- lings, Gahagan, Glover, Grant ol Northampton, Hayes ot Robeson, Hayes of Halifax, Hoffler, Hollowell, Hood, Hyinan , 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 Con- gress 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 re- ported 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 142 CONVENTION JOURNAL. [Session 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 re- spectfully 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 reso lution 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 reso- lution of Mr. Williamson, asking Congress for the loan of money, respectfully report back the resolution without recom- mendation ; and ask to be discharged from the further consid- eration of the subject. JOS. C. ABBOTT, Chairman. On motion the report was accepted. The Committee on Finance, to whom was referred the ordi- nance of Mr. Welker, relative to the liability of Banking in- stitutions, report that it is inexpedient to act upon the ordi- 1868.] CONVENTION JOUKNAL. 143 nance, as it will be a proper subject for the Legislature, and the further consideration thereof. JOS. C. ABBOTT, Chairman. ask to be discharged from the further consideration thereof. ■} On motion, the report was accepted. The Committee report that in accordadce with the resolu- tion 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 ordi- nance, which, On motion, was adopted : Section 1. Be it ordained hy 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 1 868. 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, hj 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 ill force from and after its passage. The yeas and nays being demanded, resulted yeas 92, nays 13. Those who voted in the affirmitive are : 144 CONVENTION JOURNAL. [Session 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, Gaha- gan, 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, Hollo* well, Flood, Hyman, Ing, Jones of Caldwell, Jones of Wash- ington, King of Lincoln, King of Lenoir, Kinney, Lafliii, Lee, Legg, Logan, Long, Mann, May, Mayo, Marshall, McCubbins, McDonald of Chatham, McDonald" of Moore, Morton, Mulli- can, Murphy, Nance, Nicholson,- Patrick, Parker, Parks, Petree, Pierson, Pool, Raglancl, Ray, Read, Renfrow, Rhodes, Rich, Rodman, Rose, Smith, Stilw'ell, Taylor, Teague, Tuck- er, 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, Tur- ner and Welker— 13. Mr. E. W. Jones, ot 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 tor relief: 1868.] CONVENTION JOURNAL. 145 Resolved, That the Committee appointed to confer with General Canby, be authorized to request him to stay the ruin- ous 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 tem- porary 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, Ful- lings, Gahagan, Garland, Graham of Orange, Grant of Wayne, Grant of Northampton, Hall, Hayes of Robeson, Hayes of Halifax, Hodnett, Hollowell, Hood, Hyman, Jones of Wash- ington, 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, Frankliu, French of Rock- ingham, Galloway, George, Graham of Montgomery, Gully, Gunter, Harris of Wake, Harris of Franklin, Heaton, High- smith, Hobbs, Hoffier, lug, 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 passsage 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 revi- sion and arrangement. 10 146 CONTENTION JOURNAL. [Session 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 Conven- tion 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 Con- vention 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. Qunter 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 Con- vention 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 Con- vention was taken up, and, On motion was tabled. 1868.] CONVENTION JOURNAL. 147 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 ne- cessary State Executive officers, as reported on by the Com- mittee of the Whole. Section 1st was read. Mr. Heaton moved to strike out the word " two " and in- sert " 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, Ethericlge, Fisher, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gaha- gan, 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, Lafiin 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, Mc- Donald, 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. 148 CONTENTION JOURNAL. [Session Section 2d was taken up. Mr. Tourgee moved to amend by striking ont the word " six " and inserting " eight," which amendment was adop- ted. The section as amended was then adopted. Section 3d was read and adopted. Section 4th was read. Mr. Tourgee moved to amend bv 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 or- dered to be engrossed and printed for a final reading on Fri- day 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 pas- sage, 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 ap- pointed by the Chair. The resolution introduced by Mr. Harris, of Wake, requir- ing 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. 1868.] CONVENTION JOURNAL. 149 The resolution introduced by Mr. Harris, of "Wake, provi- ding means of Relief, was, On motion, indefinitely postponed. On motion the report of the Committee on a Preamble and Bill of Eights 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 Bights, 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 recog- nize 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 Conven- tion assembled', That William D. Justus, Sheriff of Hender- son County, be allowed two years from the first day of Jan- uary 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 re- committed to that Committee. 150 CONVENTION JOURNAL. [Session The following report of the Committee on relief from disa- bilty, was received : We, the Committee appointed in accordance with a resolu- tion 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 respect- fully 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 con- sider worthy of recommendation from disability, with a brief history ol 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 de- manded 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, Hocmett, 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, Ful- lings, Gahagan, Garland, George, Glover, Graham of Mont- gomery, Grant of Wayne, Grant of Northampton, Gunter, Har- ris of Wake, Harris of Franklin, Hayes of Robeson, Hayes of Halifax, Heaton, Highsrnith, Hobbs, Hollowell, Hood, Hyinan, lug, Jones of Caldwell, Jones of Washington, King of Lincoln, King of Lenoir, Kinney, Lanin, Lee, Legg, Logan, Long, Mann, 1868.] CONVENTION JOURNAL. 151 May, Mayo, McDonald of Chatham, McDonald of Moore, Moore, Morton, Mnllican, Murphy, Nance, Newsom, Nichol- son, Parker, Parks, Petree, Pierson, Pool, Ragland, Kay, Renfrow, Rhodes, Rodman, Rose, Smith, Stilly, Stilwell, Sweet, Taylor, Teague, Tourgee, Trogden, Tucker, Turner, Watts, Welker and Williams of Wake— 8S. 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, nays 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 ot Robeson, Flayes of Halifax, Heaton, High- smith, Hobbs, Hollowell, Hood, Hyman, Ing, Jones of Cald- well, 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, Rod- man, 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 reo-ardins: 152 CONTENTION JOURNAL. [Session* 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 T§ P. M., which motion was not sus- tained. 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, Gar- land, George, Graham of Montgomery, Graham of Orange,. Grant oi Wayne, Grant of Northampton, Gunter, Harris of Wake, Hayes of Halifax, Hood, Hyman, J^nes of Wash- ington, King of Lincoln, Long, Mann, McCubbins, McDonald of Chatham, McDonald of Moore, Moore, Nicholson, Parker,, Parks, Petree, Raglancl, Read, Smith, Stilly, Teague, Tour- gee, Welker and Williamsof 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, Ful- lings, Gahagan, Glover, Hall, Hare, Hayes of Robeson, Heaton,. Highsmith, Hobbs, Hodnett, Honker, Hollowell, Holt, Ing, Jones of Caldwell, King of Lenoir, Kinney, Laflin, Lee, Legg,. Lennon,, Logan, May, Mayo, Marshall, Merritt, Mullican, Mur- phy, Newsom, Pierson, Pool, Ray, Renfrow, Rhodes, Rod- man, 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 1868.] CONTENTION JOURNAL. i'53 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 aud passage of the following report of the Com- mittee 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 At- torney 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 con- tinue until their successors are elected and qualified : Pro- vided, 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 Lieuten- ant 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 oi these two offices be eligible to the same more than, tour years in any term of eight years, unless the- 154 CONVENTION" JOURNAL. [Session office shall have been east upon him as Lieutenant Governor or President of the Senate. Sec. 3. The return of every election for officers of the Ex- ecutive Department shall he 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 pub- lish 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. Con- tested 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 Govern- ment of this State, and shall, from time to time, give the Gen- eral Assembly information of the affairs of the State, and re- commend 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 pro- vided 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, par- don or reprieve, and the reasons therefor. 1868.] CONVENTION JOUBNAL. 155 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 re- ports, 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 sub- ject 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 procla- mation, 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 consti- tution, or which may be created by law, and whose appoint- ments 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 un- less 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 com- pensation 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 Gov- ernor 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 anew Governor shall be elected and qualified. In every case in which the Lieutenant-Governor shall be unable to preside over the Sen^ 156 CONTENTION JOIJKNAL. [Session ate, the Senators shall elect one of their own number Presi- dent 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 ot the Secretary of State, Auditor, Treasurer, Superintendent of Public Works, Su- perintendent 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 isec- tion of this article. Sec. 14. The Secretary of State, Auditor, Treasurer, Super- intendent 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 estab- 1868.] CONVENTION JOURNAL. 157 lislied 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 re- quire, 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-Car- olina, sealed with " The Great Seal of State," signed b} 7 the Governor, and countersigned by the Secretary of State. Sec. 17. There shall be established in the office of Secre- tary 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 North- ampton, Gunter, Harris of Wake, Harris of Franklin, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hoffler, Hood, Flyman, Ing, Jones of Caldwell, Jones of Wash- ington, King of Lincoln, King of Lenoir, Kinney, Laftin, Lee, Legg, Logan, Long, May, Mayo, McDonald of Chatham, McDonald of Moore, Moore, Morton, Mullican, Nance, 158 CONTENTION JOURNAL. [Session Nicholson, Parker, Petree, Pierson, Pool, Ragland, Ray, Read, Renfrow, Rliodes, Rose, Smith, Stilly, Stilwell, Sweet, Taylor, Teagne, Tonrgee, Trogden, Tucker, Turner, Watts, "Welter 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 in- sert " 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 Bla- den, 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, Fleaton, Highsmith, Hobbs, Hood, Hyman, Ing, Jones of Caldwell, Jones of Washington, King of Lenoir, Kinney, Lafiin, Lee, Legg, Logan, Long, Mann, May, Mayo, McDonald of Moore, Moore, Mullican, Murphy, Nance, Nicholson, Parker, Parks, Pier- son Pool, Ragland, Ray, Read, Renfrow, Rhodes, Rodman, Stilly, Stilwell, Sweet, Taylor, Teagne, 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, Hoffier, Hollowell, Holt, King of Lincoln, Lennon, Marshall, McCub- bins, Merritt, McDonald of Chatham, Morton, Newsom, Petree, Rich, Smith, and Williams of Wake — 26. The section as amended was adopted. 186S.] CONVENTION JOURNAL. 159 Section 2d was- read and put upon its final passage. Mr. Durham offered to amend so as to require the Gover- nor 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, Homer, Hollowell, Holt, Lennon, Marshall, McOubbins 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 Bla- den, French of Rockingham, French of Chowan, Fullings, Gahagan, Garland, George, Graham of Montgomery, Grant, of Wayne, Grant of Northampton, Gunter,Harris of Frank- lin, Hayes, of Robeson, Hayes of Halifax, Heaton, High- smith, 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, Nichol- son, Parker, Parks, Petree, Pierson, Pool, Ragland, Read, Renfrew, 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. Bracllev, Daniel, Durham, Ellis, Graham of Orange, Hall, Hare, Hodnett, LI olio well, 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, Ethe- 160 CONVENTION JOURNAL. [Session ridge, Forkner, Franklin, French of Bladen, French of Rock- ingham, French of Chowan, Fullings, Gahagan, Garland, George, Glover, Grant of Wayne, Grant o± Northampton, Gunter, Harris of Wake, Harris of Franklin, Hayes ot Rob- eson, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hoffier, Hood, Hyman, Ing, Jones of Caldwell, Jones of Washington, King of Lincoln, Kinney, Lafiin, Lee, Logan, Long, Mann, May, Mayo, McDonald of Chatham, McDonald of Moore, Moore, Mullican, Murphy, Nance, Nevvsom, 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 sec- tion 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 bj 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, Mar- shall, Merritt, Moore, Parker, Pierson, Read, Rhodes, Rich, Rodman, Stilly, Sweet, and Taylor — -±2. 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, Ful- lings, Gahagan, Garland, Glover, Graham of Montgomery, Gunter, Hayes of Robeson., Flood, Hyman, Ing, Kinney, 1868.] CONVENTION JOURNAL. 161 Long, Mann, May, Mayo, McCubbins, McDonald of Chatham, McDonald of Moore, Morton, Mullican, Murphy, Nance, Newsom, Nicholson, Parks, Pctree, Pool, Ragland, Renfrew, Smith, Stillwell, Teague, Tourgee, Trogden, Tucker, Turner, Watts, Welker and Williams of Wake— -51. Sections 4th, 5th, 6th, 7th, 8th, 9th, and 1 Oth 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 in- sert " 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, Lafim, 2d District, Etheridge, 3d District, Eisher, 4th District, Harris, of Wake, 5th District, Trogden, 6th District, Hobbs, 7th District, Logan. Section 13th of the Executive Department wag taken tip, and, On motion, was adopted 11 162 CONVENTION JOURNAL. [Session 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 Gover- nor, 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 Her- ritt— 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 Bla- den, 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 Chat- ham, McDonald, of Moore, Moore, Mullican, Murphy, Nance, 1868.] CONTENTION JOURNAL. 163 Newsom, Nicholson, Parker, Parks, Petree, Pierson, Pool, Ragland, Kay, Read, Renfrow, Rhodes, Rich, Rodman, Smith, Stilly, S til well, 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 Watau- ga, 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 Mar- shall to a seat. The Committee therefore recommend that the Secretary oi 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 report- ed for Marion Marshall, and ask General Canby's attention to the same. On motion the report was accepted. 164 COKYENTIOK JOURNAL. [Session 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 "Wil- mington 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 Home- steads, to whom was referred the ordinance of Mr Franklin, of "Wake, " for the relief of the people," reports that the Com- mittee 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 re- ported. 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 : BuU 41. All reports of Committees embracing propositions pertaining to the formation of a Constitution shall be read 1868.] CONTENTION JOURNAL. 165 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 pre- servation 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 EIGHTS. That the general, great and essential principles of liberty and free government may be recognized and established, and 166 CONVENTION JOUKNAL. [Session 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 Constitu- tion 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 Con- stitution 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 p'overnment of the United States, and that no law or ordinance of the State, in contra- vention 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 insurrec- tion or rebellion against the United States, or any claim for the loss or emancipation of any slave. Sec 1. No man or set of men are entitled to exclusive or 1868.] CONTENTION JOURNAL. 167 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 dis- tinct from each other. Sec. 9. All power of suspending laws, or the execution of laws, by any authority, without the consent of the represen- tatives 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 aright 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, pre- sentment, 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 exces- sive iines imposed, nor cruel, nor unusual punishments in- flicted. Sec 15. General warrants, whereby any officer or messen- ger may be commanded to search suspected places without evidence of the fact committed, or to seize any person or per- sons 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 dis- seized 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 re- 168 CONTENTION JOURNAL. [Session move 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 bul- warks 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 de- fence 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 representa- tives, and to apply to the Legislature for redress of grievances. Sec 24. All men have a natural and inalienable right to worship Almigb,ty God according to the dictates of their own consciences; that no human authority can, in any case what- ever, 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 23. 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 be- fore 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. 1868.] CONVENTION JOURNAL, 169 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 ad- ministered 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 pow- ers 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. 170 CONVENTION JOURNAL. [Session Mr. Nicholson submitted the following as a substitute : Section 1st. That all men are born free and equal in na- tural rights, some of the rights are inalienable, and among them the right to life, to liberty, to property, and to the pur- suit 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. Hams, 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, Blurne, Bradley, Bryan, Carey, Candler, Cherry, Chijlson, Congleton, Cox, Dickey, Duckworth, Durham, Ellis, Eppes, Etheridge, Fisher, Fork- ner, Franklin, French of Bladen, French ot Rockingham, Fullings, Gahagan, Garland, George, Glover, Graham of Montgomery, Graham of Orange, Grant of Northampton, Gully, Gunter, Harris of Wake, Harris of Franklin, Hayes oi Robeson, Hayes of Halifax, Heaton, Highsmith, Hofner, Hood, Hyman, Ing, Jones of Caldwell, King of Lincoln, King of Lenoir, Kinney, Lanin, 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. JS68.] CONTENTION JOURNAL. 171 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 Febeuaky 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 Rich- mond, Yirginia, was read, and, Referred to the Committee on Education. Mr. Durham introduced the following preamble and reso- lution : 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 cor- ruption ; therefore, Be it resolved, That a Select Committee of three members be appointed by the President, whose duty it shall be to as- certain 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 Com- mittee shall have power to send for persons and papers, ad- minister 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 172 CONTENTION JOURNAL. [Session General Nelson A. Miles, the Assistant Commissioner for the Freeclman'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 previ- ous question. Lies over under the rules. Mr. Tourgee introduced a resolution in relation to the ses- sion of the Convention. Lies over under the rules. Mr. Abbott moved that when this Convention adjourns, it adjourns to meet at 1^ 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 Leg- islature 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 Conven- tion 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 T}. ASHLEY-, 1* ITS CONVENTION JOURNAL. [Session 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 J 1 o'clock. On motion the House adjourned. TTJESDxlY, 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 Ala- mance. Referred to the Committee of three on the distillation of gram. 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 commu- 1868.] CONTENTION JOUKNAL. 179 nications of the Freedm art'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 ascer- tain and report whether such corrupting procedure was adop- ted 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, re- ported 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 discharg- ed 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. 180 CONTENTION JOURNAL. [Session 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 pleas- ure in visiting the Convention on Wednesday at 11 o'clock. The following report of the Committee on the Judicial De- partment was taken up for consideration : The undersigned members of the Committee on the Judi- cial 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. 1868.] CONVENTION JOURNAL. 181 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 con- cerned, 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 ot 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 ot 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. 182 CONVENTION" JOURNAL. [Session Mr. Pleaton moved to substitute section third for section lirst. 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, Lafliri, 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, Duck- worth, 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, Hoocl, 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, Trogclen, 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 1868.] CONVENTION JOURNAL, m Moore, Nicholson, Parker, Pool, Read, Renfrow, Bobbins, Hodman, and Sweet — 38. Those who voted in the negative are : Messrs. Andrews, Ashley, Barnes, Benbow, Bryan, Carey, Candler, Cherry, Chillson, Congleton, Cox, Dickey, Duck- worth, 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, Homer, Ing, King of Lenoir, Kinney, Lee, Logan, Long, May, Moore, Morton, Mul- lican, Murphy, Nance, Newsom, Parks, Petree, Peterson, Pierson, Ragland, 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 con- sideration: " That the Judges of the Supreme Courts ot 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, Homer, Hood, Ing, Kinney, Lee, Logan, Mann, May, Mayo, Mullican, Murphy, Newsom, Parks, Petree, Pe- terson, 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 nes-ative are : Messrs. Abbott, Benbow, Cherry, Ellis, Eppes, Etheridge, Fisher, Fork??,er, French of Chowan, Graham of Orange, Hare, Harris of Franklin, Hayes of Halifax, Hobbs, Hodnett, Hol- lowell, Hyman, Jones of Caldwell, Jones of Washington, King of Lenoir, Legg, Lermon, Long,, Marler, McDonald of 184 CONVENTION JOURNAL. [Session 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 affirmative are : Messrs. Andrews, Ashley, Barnes, Benbow, Bradley, Bryan, Carey, Candler, Chilson, Congleton, Cox, Dickey, Duckworth, Forkner, Franklin, French of Rockingham, Fullings, Gaha- gan, Garland, George, Glover, Graham of Montgomery, Grant of Wayne, Gully, Gunter, Hayes of Robeson, Heaton, Highsmith, Hoffler, Flyman, Ing, King of Lenoir, Kinney, Logan, Long, Mann, May, Mayo, McDonald of Moore, Mor- ton, Murphy, Newsom, Parks, Petree, Peterson, Pierson, Ragland, Ray, Renfrow, Rhodes, Rose, Smith, Stilly, Stil- well, 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 Secretarv 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 Insti- tutions 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 ben- efit of Southern planters, was received, and, Referred to the Committee on Finance, On motion the House adjourned,. 1868.;} CONVENTION JOURNAL. 185. 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 De- partment. Mr. Forkner introduced a resolution in relation to the prac- tice 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 au- thority of the same, That the Sheriffs of this State shall be al- lowed 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 spe- cial 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 spe- cial order for that time* 186 CONTENTION JOURNAL. [Session 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 Conven- tion, was introduced to the President, who received him with an appropriate address, which was responded to by the Gen- eral. 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 reso- lution : 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, Gar- land, George, Graham of Montgomery, Grant of Wayne, Gully, Gunter, Hayes of Halifax, Highsmith, Hobbs, Honler, Ing, Kinney, Mann, May, Moore, Morton, Mullican, Murphy, Newsom, Parks, Peterson, Ragland, Ra} r , Renfrow, Bobbins, 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, Cher- ry, Ellis, Eppes, Etheridge, Forkner, French of Chowan, Graham of Orange, Grant of Northampton, Hall, Hare, Har- ris of Franklin, Hodnett, Hollo well, Flyman, Jones of Cald- well, Jones of Washington, King of Lincoln, King of Lenoir, Legg, Lennon, Logan, Long, Marshall, Merritt, McDonald 1868.] CONTENTION JOURNAL. 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 7i 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 Com- mittee 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 Commis- sioner on Immigration. Ordered to be printed. Mr. Cox presented a petition of divorce in favor of Archi- bald Harvy. Referred to the Committee on the Judicial Department. Mr. Rodman introduced an ordinance for the relief of the people. Ordered to be printed. 188 CONVENTION JOUENAL. [Session 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 1\ 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 allow- ing 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 establish- ment 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 in- structed 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. 1868.] CONTENTION JOURNAL. 189 Also, to Mr. Moore for two clays. 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 : EEPOKT OF THE COMMITTEE ON LEGISLATURE, ITS ORGANIZATION, &o. A majority of the Committee on Legislature, its organiza- tion, the members, apportionment, election, tenure of office of its members, its powers, duties, except as otherwise re- ferred, 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 i A Senate and House of Commons. Sec. 2. The Senate and House of Commons shall meet an- nually, on the third Monday of November, and when assem- bled, 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 s biennially chosen by ballot. Sec 4. Until the first session of the General Assembly, which shall be had after the year eighteen hundred and sev- enty-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 " Camden and Currituck. 3d " Gates and Chowan. 4th " Tyrrell and Hyde. 5th " Northampton* 190 CONVENTION JOURNAL. [Session 6th District Hertford. 7th a Bertie. 8th a Martin and Washington. 9th u Halifax. 10th a Edgecombe and Wilson. 11th a Pitt. 12th u Beaufort. 13th n Craven. 14th a Carteret and Jones. 15th a Greene and Lenoir. 16th a New Hanover. 17th a Duplin. 18th a Onslow. 19th u Brunswick, Bladen and Columbus 20th a Cumberland and Harnett. 21st a Sampson. 22d a Wayne. 23d a Johnston. 24th a Wake. 25th a Nash. 26th u Franklin. 27th u Warren. 28th a Granville. 29th a Person. 30th a Orange. 31st a Alamance and Randolph. 32d ti Chatham. 33d a Moore and Montgomery. 34th a Richmond and Robeson. 35th a Anson and Union. 36th a Guilford. 37th a Caswell. 38th a Rockingham. 39th a Mecklenburg. 40th a Stanly and Cabarrus. 41st a Rowan and Davie. 42d u Davidson. 43d a Forsyth and Stokes. 1863.] CONVENTION JOUENAL. 191 44th District' Ashe, Surry, Watauga, Yadkin & Alleghany. 45th " "Wilkes, Iredell and Alexander. 46th " Burke, McDowell and Caldwell. 47th " Lincoln, Gaston and Catawba. 48th " Eu%rford, Cleaveland and Polk. 49th " Buncombe, Henderson, Yancy, Madison, Transylvania and Mitchell. 50th " 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 inhab- itants excluding aliens and Indians not taxed, and shall re- main unaltered until the return of another enumeration, and shall at all times consist oi 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 bal- lot, to be elected by the Counties respectively according to their population, and each County shall have at least one rep- resentative in the House of Commons, although it may not contain the requisite ratio of representation. This apportion- ment shall be made by the General Assembly at the respec- tive 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 Com- mons, the ratio of representation shall be ascertained by divi- ding the amount of population of the State, exclusive of aliens and Indians not taxed, and after deducting that comprehend- ed within those Counties which do not severally contain the one hundred and twentieth part of the entire population ot the State, exclusive of aliens and Indians not taxed, by the 192 CONVENTION JOURNAL. [Session 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 represen- tative ; to each County containing twire but not three times the said ratio, there shall be assigneW two representatives, and so on progressing ; and then the remaining representa- tives 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 Com- mons shall be composed of members elected from the Coun* ties 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, Robe- son, 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, Ca- tawba, Cherokee, Chowan, Clay, Cleveland, Columbus, Cur- rituck, Davie, Forsyth, Gaston, Gates, Greene, Harnett, Hay- wood, Henderson, Hertford, Hyde, Jackson, Jones, Lenoir, Lincoln, Macon, Madison, Martin, McDowell, Mitchell, Mont- gomery, 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 dis- trict 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 resi- 1868.] CONTENTION JOURNAL. 193 dec! in the county in which he is chosen, for one year imme- diately preceeding his election. Sec. 11. In the election of all officers, whose appointment shall be conferred on the General Assembly by the Constitu- tion, 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 indi- vidual 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 re- store to the rights of citizenship any person convicted of an in* famous crime ; but shall have power to pass general laws reg-- ulating 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 Gen- eral Assembly, and passed three several readings, which read- ings 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 13 m CONVENTION JOURNAL. [Session 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 proceed- ings, 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 in- jurious 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 As- sembly 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 in- to 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 an 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 sup- port 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 Com- mons.) S 868.] CONVENTION JOUKNAL. 195 Sec. 28. Each person elected to the Senate or House of Commons shall hold his seat from the time of his election un- til the next biennial election. Sec 29. Upon motion made, and seconded in either House by one fifth of the members present, the yeas 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 such manner as may be prescribed by law, on the- — in , in the }^ear one thousand eight-hundred and seven- ty, and every two years thereafter. All of which is respectfully submitted. W. H. S. SWEET, Chairman. MARK MAY, SAMUEL FOBKNER, HAYNES LENNON, LEWIS S. MULLIGAN, HENRY E. CHILLSON, JOHN H. FRENCH, CUFFEE MAYO, JAMES M. TURNER, MATCHET TAYLOR, JERE. SMITH. The undersigned, a minority of the Committee on Legisla- ture, 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 provi- sion 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. 55 J 196 CONTENTION JOURNAL. [Session Mr. Graham, of Orange, moved to strike out the word " an- nually," 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 ses- sion 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 5 Provided, That no County shall be divided in the formation of a Senato- rial 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 tax- ation 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 Sena- torial 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, Mar- shall, McCubbins, Merritt, Peterson and Stilly — 16. Those who voted in the negative are : Messrs. Abbott, Andrews, Ashley, Aydlott, Barnes, Ben- bow, Blume, Bryan, Carey, Carter, Candler, Cherry, Chillson, Colgrove, Congleton, Cox, Dickey, Duckworth, Eppes, Fisher, Forkner, Franklin, French of Bladen, French of Rocking- ham., French of Chowan, Fullings, Gahagan, Galloway, Gar- 1868.] CONTENTION JOUKNAL. 197 land, George, Glover, Graham of Montgomery, Grant of Wayne, Grant of Northampton, Gully, Gunter, Harris of Wake, Llayes of Halifax, Highsmith, Hobbs, Homer, Hood, Hyman, Ing, Jones of Caldwell, Jones of Washington, Kin- ney, Lafiin, 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, Bead, Renfrew, Rhodes, Rob- bins, 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 oi the Legislature to apportion the Senatorial Districts upon the basis of population. The substitute was not adopted. Mr. Sweet corrected the report by transferring " Transyl- vania," from the 43d District to the 40th District. Mr. Rich moved to recommit the fourth section to the Com- mittee. 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. Sections 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 Consti- 198 CONTENTION JOURNAL. [Session tution of die 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, clown to the word " and," in the sixth line, and insert, u 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," be- tween 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 : " Bat the General Assembly may change the time of hold- ing 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 186S.] CONVENTION JOURNAL. 199 members then elected, shall hold their seats until their succes- sors 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, 1S6S. 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, 1S68. T. A. Bvrnes, Secretary of the Constitutional Convention of North- Carolina : Dear Sir : — Tour letter of the 10th inst., enclosing a copy of a resolution of thanks was duly received. Please tender my grateful acknowledgements to the Con- vention 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 com- plete its work of reconstruction and the State of North-Caro- lina 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, Br&oH. Maj. Gent TJ. 8. A., , Assistant Commissioner. 200 CONTENTION JOURNAL. [Session 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-Caro- lina, under the authority of the laws of the United States, having, in conformity with the eighth section of the law of March 23, 1861, (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 collec- tion 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 ex- penses 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 Con- vention, 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 pro- ceed to collect the same at the time and in the manner pre- scribed 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 author- ised and directed to pay tkejaea? diem and mileage of the del- egates, the compensation of the officers, and the contingent expenses of the Convention, upon the warrants of the Presi- dent, in the usual form. By Command of Bvt. Major General E. R. S. Canby : LOUIS Y. CAZIARC, A ide-de- Camp, Actg. Asst. Adjt. GenL 186S.] CONVENTION" JOURNAL. 201 Section 1. Be it ordained "by the people of North- Carolina r in Convention assembled, That for the purpose of raising" monies to pay the expenses of this Convention, according to the acts o± 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 I860,, subject to such changes therein as have been since made by law, and on the personal property within said State accord- ing 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 farther 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 deposito- ry for the State funds. Referred to the Committee on Finance. Mr. Congleton introduced a resolution providing for the abolishment of the Senate. Referred to the Committee on Legislature. Mr. McDonald, of Chatham, introduced an ordinance to. repudiate all debts created prior to May 1st, 1865. Referred to the Committee on Relief, 202 CONVENTION JOURNAL. [Session Mr. Rose presented a resolution in relation to debts created prior to May 1st, 1865. Referred to the Committee on relief. UNFINISHED BUSINESS. The ordinance of Mr. Welker on the distillation of cram was taken up. Mr. Welker moved to amend Section 1st by striking out " February 1st, 1868," and insert "after the passage of this act." The amendment was accepted. Mr. McCubbins moved to strikeout "June" and insert " January." The amendment was accepted. Mr. McDonald, of Chatham moved to strike out the entire section. Pending the discussion, the hour of 11 o'clock arrived, and the report of the Committee on a Preamble and Bill ol Rights was taken up. Sections 2d and 3d were read and adopted. The President announced the following Committees : On Tobacco Tax. — Messrs Petree, Read and McCubbins. Committee to investigate the case of Mr. Durham. — Messrs. Harris, of Wake, Gahagan and Pool. On motion the House adjourned to TJ o'clock, P. M. AFTERNOON SESSION, February 14th, 1868. The Convention was called to order at 7^ o'clock by the President. The President anounced a quorum. The Journal of this morning was read and approved. Section 4th of the report of the Committee on a Preamble and Pill of Rights was taken up. The veas and nays were demanded. The section was adopted by the following vote : 1S6S.] CONVENTION JOURNAL. 203 Those who voted in the affirmative are : Messrs. Abbott, Ashley, Aydlott, Barnes, Carter, Colgrove, Congleton, Dickey, Dowd, Duckworth, Etheridge, Fisher, Forkner, Franklin, French of Bladen, French of Rocking- ham, French of Chowan, Fnllings, Gahagan, Galloway, George, Glover, Graham ot Montgomery, Grant of Wavne, Grant of Northampton, Gimter, Harris of Wake, Hay, Hayes of Robeson, Hayes of Halifax, Heaton, Hobbs, Hod- nett, Hofrler, Hollowell, Jones of Caldwell, Jones of Washing- ton, Kinney, Laflin, Lee, Legg, Logan, Long, Mann, Mayo, Marshall, McCubbins, McDonald of Chatham, McDonald of Moore, Mnllican, Murphy, Nance, Newsom, Nicholson, Patrick, Parker, Parks, Petree, Peterson, Pierson, Pool, Rag- land, Ray, Renfrow, Rhodes, Rich, Robbins, Rose, Smith, Stilly, Stilwell, Teague, Tourgee, Trogden, Watts. Welker and Williamson — 77. Those who voted in the negative are : Messrs. Durham, Hall, Hare and Holt — -4. Section fifth was read, and the yeas and nays were de- manded. The section was adopted by the following vote, yeas 76, nays 3 Those who voted in the affirmative are : Messrs. Abbott, Ashley, Aydlott, Baker, Barnes, Carter, Congleton, Dickey, Dowd, Duckworth, Etheridge, Fisher, Forkner, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fallings, Gahagan, Galloway, George, Glover, Graham of Montgomery, Grant of Wayne, Grant of Northampton, Gimter, Harris of Wake, Hay, Hayes of Robe- son, Hayes of Halifax, Heaton, Plobbs, Hodnett, Hoffler, Hol- lowell, Jones of Caldwell, Kinney, Laflin, Lee, Legg, Logan, Long, Mann, Mayo, Marshall, McCubbins, McDonald of Chat- ham, McDonald of Moore, Mnllican, Murphy, Nance, New- som, Nicholson, Patrick, Parker, Parks, Petree, Peterson, Pierson, Pool, Ragland, Ray, Renfrow, Rhodes, Rich, Rob- bins, Rose, Smith, Stilly, Stilwell, Teague, Tourgee, Trogden, Watts, Welker and Williamson — 76. Those who voted in the negative are : 201 CONTENTION JOURNAL. [Session Messrs. Durham, Hare and Holt — 3. Section 6th was taken rip and discussed. Mr. Watts moved to amend by inserting after the word " P a Jj" i n fifth l me 5 " or require any County, Towns, Corpor- ations or individuals." The yeas and nays were demanded, and the amendment was lost by the following vote, yeas 20, nays 59 : Those who voted in the affirmative are : Messrs. Barnes, Bryan, Chillson, Congleton, Graham of Montgomery, Hay, McDonald of Chatham, McDonald of Moore, Morton, Newsom, Patrick, Petree, Peterson, Ragland, Smith, Stilly, Stilwell, Tourgee, Watts and Welker— 20. Those who voted in the negative are : Messrs. Abbott, Andrews, Ashley, Aydlott, Baker, Carey, Carter, Cherry, Dickey, Dowd, Duckworth, Eppes, Etheridge, Fisher, Forkner, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Galloway, George, Glover, Grant of Wayne, Grant of Northampton, Gunter, Harris of Wake, Harris of Franklin, Hayes of Robeson, Hayes of Halifax, Heaton, Hobbs, Hodnett, Hollowell,Hood, Ing, Jones of Caldwell, Kinney, Lee, Legg, Logan, Mann, Mayo, McCubbins, Mullican, Murphy, Nicholson, Parker, Parks, Pierson, Pool, Renfrow, Rhodes, Rich, Robbins, Rose, Teague, Trogden and Williamson — 59. Mr. Tourgee moved to submit section 6th of the Bill of Rights to the people of the State separate from the Consti- tution. The yeas and nays were demanded. The motion was lost by the following vote, yeas 15, nays 56 : Those who voted in the affirmitive are : Messrs. Congleton, Graham of Montgomery, McDonald of Chatham, McDonald of Moore, Morton, Murphy, Newsom, Patrick, Peterson, Ragland, Stilly, Stilwell, Tourgee, Watts and Welker — 15. Those who voted in the negative are : Messrs. Andrews, Ashley, Aydlott, Baker, Barnes, Benbow,. Blume, Bryan, Chillson, Cox, Dickey, Duckworth, Etheridge, Fisher, Forkner, Franklin, French of Bladen, French of Rock- 1868.] CONTENTION JOURNAL. 205 Ingham, French of Chowan, Fullings, Gahagan, Galloway, Glover, Grant of Wayne, Grant of Northampton, Gunter, Harris of Wake, Harris of Franklin, Hayes of Robeson, Hayes of Halifax, Heaton, Hobbs, Hodnett, Hoffler, Hollowell, Hood, Jones of Caldwell, Kinney, Lee, Legg, Logan, Mayo, McCub- bins, Nicholson, Parker, Petree, Pierson, Pool, Renfrow, Rhodes, Robbins, Rose, Smith, Teague, Trogden and Wil- liamson — '56. Messrs. Andrews and Cos desired their names entered in the affirmative on sections 4th and 5th of the Bill of Rights. On motion the House adjourned. SATURDAY, February 15th, 1868. The Convention was called to order at 10 o'clock, by the President. Prayer by the Rev. Mr. Ellis. The following members answered to their names : Messrs. Abbott, Andrews, Ashley, Aydlott, Baker, Barnes, Benbow, Blume, Bradley, Bryan, Carey, Carter, Candler, Cherry, Colgrove, Congleton, Cox, Dowd, Duckworth, El- lis, Etheridge, Fisher, Forkner, Franklin, French of Bla- den, French of Rockingham, French of Chowan, Fullings, Gahagan, Galloway, George, Glover, Graham of Montgom- ery, Grant of Northampton, Gunter, Hare, Harris of Wake, Hay, Hayes of Robeson, Hayes of Halifax-y- Heaton, High- smith, Hobbs, Hodnett, Hoffler, Hollowell, Holt, Ing, Jones of Caldwell,* Jones ot Washington, Kinney, Laflin, Lennon, Logan, Long, May, Mayo, Marshall, McCubbins, Merritt, McDonald of Chatham, McDonald of Moore, Mor- ton, Mullican, Murphy, Nance, Newson, Nicholson, Pat- rick, Parker, Parks, Petree, Peterson, Pierson, Pool, Rag- land, Ray, Read, Renfrow, Rhodes, Rich, Robbins, Rod- . man, Rose, Stilly j Stilwell, Sweet, Taylor, Teague, Tour* gee, Trogden, Tucker, Welker, Williams of Wake, and Williamson — 95. The President announced a quorum, 206 CONTENTION" JOURNAL. [Session The Journal of Friday, P. M. was read and approved. Mr, Etlieridge was allowed to record his name in the af- firmative on sections 4th and 5th of the Bill of Rights ; also, in the negative on Mr. Tourgee's motion to submit section 6th to the people. Leave of absence was granted Mr. French, of Bladen, until Tuesday next ; also to Mr. Watts until Monday next. Mr. Forkner introduced a resolution appointing a com- mittee on adjournment. Mr. Forkner called for a suspension of the rules. The call was not sustained. The resolution lies over under the rules. UNFINISHED BUSINESS. The following Ordinances on the Distillation of Grain, introduced by Mr. G. W. Welker, was taken up : AN ORDINANCE PROHIBITING THE DISTILLA- TION OF GRAIN. Whereas, In consequence of the rapid reduction of the small crops 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, Section 1. Be it ordained by the people of North- Carolina in Convention assembled, That after the passage of this act, until the 1st day of November, 1868, it shall not be lawful for any person or persons to distil corn or any other grain into intoxicating liquors. Sec. 2. Be it further ordained, That any person or per- sons who shall be guilty of a violation of this ordinance, on being convicted before a competent Court, shall pay a fine of fifty dollars for the first offence, one hundred dollars for the second offence, and for the third offence his distillery shall be 1S68.] CONVENTION JOURNAL. 207 closed by the Sheriff. In this ordinance, each day in which the distillery is in operation shall he counted a separate offence. Sec. 3. Be it further ordained, 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. Ratified this 15th day of February, A. D. 186S. Mr. McDonald moved to postpone indefinitely. The motion was not sustained. Mr. Rich moved a call of the House. There were 96 members present. Mr. Rich moved to lay the ordinance on the table. The yeas and nays were demanded. The motion was lost by the following vote, yeas 39, nays 56. Those who voted in the negative are : Messrs. Abbott, Ashley, Blume, Bryan, Carey, Carter, Candler, Chilson, Colgrove, Congleton, Cox, Duckworth, Etheridge, Fisher, French of Bladen, French ot Chowan, Gahagan, George, Glover, Grant of Northampton, Gunter, Hare, Hay, Heaton, Ilighsmith, Hodnett, Honier, Hollo- well, Jones of Washington, Kinney ? Laflin, Lennon, Lo- gan, Long, May, Mayo, Merritt, McDonald of Moore, Nance, Newsom, Nicholson, Parker, Petree, Peterson, Pool, Ray, Renfrow, Rhodes, Robbins, Rose, Taylor, Tourgee, Trog- den, Tucker, Welker, Williamson — 56. Those who voted in the affirmative are : Messrs. Andrews, Aydlott, Baker, Barnes, Benbow, Brad- ley, Dowd, Durham, Ellis, Forkner, Franklin, French of Rockingham, Fallings, Graham of Montgomery, Hall, Har- ris of Wake, Hayes of Robeson, Hayes of Halifax, Hobbs, Holt, log, Jones of Caldwell, Marshall, McCubbins, McDonald of Chatham, Morton, Murphy, Patrick, Parks, Pierson, Ragland, Read, Rich, Rodman, Stilly, Stillwell, Sweet, Teague, and Williams of Wake — 39. Mr. Colgrove moved to amend Section 1st by striking out " January, 1869 " and insert " November, 1868." 208 CONVENTION JOURNAL. [Session The amendment was adopted. Mr. Welker moved to amend Section 2d by striking out all after the word "sheriff" on the 6th line down to the word * i in " on the 9th line* The amendment was adopted. The ordinance as amended was then adopted The Committe on Counties, Towns, &c, reported through their Chairman as follows : The Committee on Counties, Towns, &c, have instructed •me to report the ordinance introduced by Mr. Sweet, from Craven, entitled " An ordinance for the appointment of a col- lector of taxes for the City of Newbern," with the accompa- panying amendments, and recommend its passage. A. ¥, TOURGEE, Chairman. Amendment to Section 1st : That the qualified voters ot the City of Newbern shall have power to elect a collector of taxes for said City and any qual- fied voter resident in said City shall be eligible to such of- fice. Amendment to Section 3d : Strike out " to be fixed by the Mayor and Council not to exceed," and insert instead the word " of." Amend the title by striking out the word " appointment " and insert instead the word " election." The report of the Committee was accepted, The amendments proposed by the Committee were not sus- tained by the House. The original ordinance, was, On motion, adopted. The following is the ordinance as adopted \ AN ORDINANCE FOR THE APPOINTMENT OE A COLLECTOR OF TAXES FOR THE CITY OF NEWBERN. Section 1. Beit ordained by the people of North- Carolina in Convention assembled, and it is hereby ordained, That the im] CONTENTION JOURNAL. 209 Mayor and Council of the City of Newbern shall have power to appoint a collector of taxes for said City. Sec. 2. Beit further >ordcvmed, That it shall be the duty of said collector of taxes to collect taxes which may be levied agreeably to law, by the Mayor and Council, and in the exe- cution of such duty, such Collector of taxes shall have and 'exercise all the power given by law to sheriffs in the collec- tion of State or County taxes. Sec. 3. Be it further ordained, That the collector of taxes for the City of Newbern shall, before entering upon the duties of his office, enter into a bond with securities, approved by the Mayor of said City, in the sum of five thousand dollars, payable to the Mayor and Council of the City of Newbern with the conditions for the due collection, payment and set- tlement of the taxes imposed by the Mayor and Council of •said City, and shall be entitled to a compensation to be fixed by the Mayor and Council not to exceed five per cent on the amount collected. Sec 4. Be it further ordained, That it shall be the duty of such collector of taxes to pay over to the Treasurer of the City of Newbern weekly all taxes collected by him. Sec 5. Be it further ordained, That all laws and clajuses •of laws and ordinances and clauses of ordinances Conflicting with this ordinance are hereby repealed. Sec 6. Be it farther ordained, That this ordinance shall take effect from the date of its ratification. The hour of 11 o'clock having arrived, the House proceed- ed with the following report of the Committee on a Preamble and Bill of Rights i REPORT OF THE STANDING COMMITTEE ON PREAMBLE AND BILL OF RIGHTS. PKEAMBLE. We, the people of the State of North-Carolina, grateful to Almighty God, the Sovereign Ruler of Nations, for the pre- servation of the American Union, and the existence of our U 210 CONTENTION JOURNAL. [Session 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 there- of, and for the better government of this State, ordain and establish this Constitution : AETICLE I. DECLARATION OF RIGHTS. That the general, great, and essential principles of liberty and free government may be recognized and established, and 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 affirm- ed, 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 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 govern- ment 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 -i. 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. 1S6S.] CONTENTION JOUENAL. 211 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 contra- vention 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 in- surrection 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 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 dis- tinct from each other. Sec. 9. All power of suspending laws, or the execution of laws, by any authority, without the consent of the representa- tives 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, pre- sentment, 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 ap- peal. Sec. 14. Excessive bail should not be required, nor ex- cessive fines imposed, nor cruel, nor unusual punishments in- flicted. 212 CONTENTION JOURNAL. [Session Sec. 15. General warrants, whereby any officer or messen- ger may be commanded to search suspected places without evidence of the fact committed, or to seize any person or per- sons 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 dis- seized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed, or deprived his life, liber- ty, 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 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 bul- warks 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 de- fence 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 representa- tives, and to apply to the Legislature for redress of grievances. Sec 24. All men have a natural and inalienable rie-ht to worship Almighty God according to the dictates of their own consciences ; that no human authority can, in any case what- ever, control or interfere with the rights of conscience. 1868.] CONTENTION JOURNAL. 213 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 be- fore the existence of such laws, and by them only declared criminal, are oppressive, unjust, and incompatible with liber- ty ; wherefore, no ex post facto law ought to be made. Sec. 30. Slaverv and involuntarv servitude otherwise than for crimes, wmereof 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 ad- ministered 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 pow- ers not herein delegated, remain with the people. DAVID HEATON, Chairman, J. H. HARRIS, VM. 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. 214 CONTENTION JOURNAL. [Session Section 6th was taken np, and, after considerable debate the yeas and nays were called on its adoption. The section was adopted by the following vote,, yeas 72. nays 59. Those who voted in the affirmative are : Messrs. Abbott, Andrews, Ashley, Aydlott, Barnes, Ben- bow, Blmne, Bryan, Carey, Carter, Candler, Chillson, Col- grove, Cox, Dickey, Dowd, Duckworth, Fisher, Forkner, Franklin, French of Rockingham, French of Chowan, Ful- lings, Gahagan, Galloway, Garland, George, Grant of North- ampton, Gunter, Harris ol Wake, Hay, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hoffler, Hollowell, Ing, Jones of Caldwell, Jones of Washington, Kinney, Laflin, Legg, Logan, May, Mayo, McCubbins, McDonald of Moore, Nance, Nichol- son, Parker, Parks, Petree, Pierson, Pool, Ragland, Pay, Read, Renfrew, Rhodes, Rich, Robbins, Rodman, Rose, Stilly, Stilwell, Sweet, Teague, Trogden, Tucker, Williams of Wake and Williamson — 72. Those who voted in the negative are : Messrs. Congleton, Graham of Montgomery, Long, McDon- ald of Chatham, Murphy, Newsom, Taylor, Tourgee, and Welker— 9. Leave of absence was granted Mr. Tourgee until Wednes- day next. Section 7th and 8th were read and adopted. Section 9th was read. Mr. Bryan moved to amend by striking out the word " ought " and insert " shall." The amendment was lost. The section as read was adopted. Section lOtli was read and adopted. Section 11th was read. Mr. Tourgee moved to amend by adding " nor be compell- ed to pay costs or jail fees, or necessary witness fees of the de- fence, unless found guilty." The amendment was adopted. The section as amended was adopted. Sections 12th, 13th and 14th, were read and adopted. Action 15th was read. 1868.] CONVENTION JOURNAL. 215 Mr. Heaton moved that the following amendment be added to it : " There shall be no imprisonment for debt in this State except for Fraud." The amendment was adopted. The section as amended was, On motion, adopted. Sections 16th, 17th and 18th were read and adopted. Section 19th was read. Mr. Nicholson moved to amend by adding to the section : " But any individual shall be held responsible for an abuse ■of the same." The amendment was adopted. The section as amended was adopted. Section 20th was read. Mr. Rodman moved to strike out the entire section. The motion did not prevail. The section as read, was adopted. Mr. Abbott moved to insert the folio wins: as a section, fol- lowing section 20th : •" As political rights and privileges are not dependent upon, •or modified by property ; therefore no property qualification ought to effect the right to vote or hold office." The amendment was sustained. Sections 21st and 22d were read and adopted. Section 23d was read. Mr. To.urgee moved to amend by striking out " the Legis- lature " and inserting " any branch of the government." The amendment was not adopted. The section as read was adopted. Section 24th was read and adopted. Mr. Ashley moved the following as an additional section to section 21th : " The people have a right to the privileges of education, and it is the duty of the State to guard and maintain that right." ^The motion was sustained. .Sections 25th, 26th, 27th and 28th, were read and adopted. 216 CONVENTION JOURNAL. [Session Section 29th was read. Mr. Rich moved to amend by substituting the word " acts "' for " facts " in the first line. The amendment was adopted. Mr. Rodman moved to amend the section by adding the following : " No law taxing retrospectively sales,, purchases,, or other acts previously done ought to be passed,. The amendment was adopted. The section as amended,, was, On motion, adopted. Section 30th was read. Mr Ashley moved to amend by striking out " is " on line- third and insert " are " The amendment was sustained. Mr. McDonald, of Chatham, moved; to amend, by striking, out " and " on line first and insert " or." The amendment was lost. The section as amended was adopted. Sections 31st, 32d and 33d, were read and. adopted. Mr. Durham offered the following as a section to be inser- ted between sections 33 d and 34th: " The Caueassian and African races- are distinct by nature,, and color ; therefore all intermarriages between the Caucas- sion or white race,, and the African or black race are forever prohibited. On motion,, this amendment was laid- on the table. Section 34th was read and adopted. On motion, the House adjourned to Monday at 10 o'clock., A. M. MONDAY^ February ITth, 1S68. The Convention was called to order at 10 o'clock, by the: President. Prayer by the Rev. Mr. Hudson. • The President announced a quorum,. 1808.] CONVENTION JOURNAL. 21T The Journal of Saturday was read and approved. Mr. Abbott introduced an Ordinance relating to freights. on the Wilmington and Weldon and North-Carolina Rail Roads. Referred to the committee on Internal Improvements. Mr. Rich, chairman of the committee- on Immigration,, called up the following Ordinance : ' AN ORDINANCE FOR ESTABLISHING AN IMMI- GRATION AGENCY, REPORTED BY THE COM- MITTEE ON IMMIGRATION. Be it ordained by the pe-ople qf North- Gm-ohna in Con- vention assembled, That within twenty days, after the ratifi- cation of the Constitution framed by this Condition, by the Congress of the United States, the Governor of the State shall appoint a suitable person to aot as Land and Immigrant Commissioner, who shall serve four years, have an office in the City of New York, and be paid in quarterly in- stallments, a salary not exceeding $2,500 per annum. It shall be the duty of the Commissioner, as far as- practica- ble, to effect the sale of such lands as the residents of this. State shall authorize him to sell. He is hereby authorized to establish in the Emigrant Depot, Castle Garden,, New- York, a Southern Rail Road Agency for the purpose of selling Rail Road tickets to such Immigrants- as may desire to settle in the State of North-Carolina. He shall also make arrangements with such lines ©t travel as may be necessary,, at the lowest possible rates of passage for Im- migrants; and whoever shall desire to come into the State to settle, or for the purpose of viewing such property as. may be for sale, with the intention of purchasing the same,, the State Treasurer is hereby authorized to pay the salary of the Commissioner appointed under this ordinance, and also such necessary expenses as may be required to carry out 218 CONVENTION JOURNAL. [Session the purpose of this ordinance, upon the warrant of the Governor. D. J. RICH, Chairman. S. S. ASHLEY, GEO. W. GAHAGAN, J. W. HOOD, Mag. of Committee. Mr. Rieh moved to amend section first by inserting after the word "years," on the seventh line, "under the direction of the Bureau of Statistics and Immigration." Mr. McDonald, of Chatham, moved to amend by striking out " $2,500," on ninth line, and insert " $2,000." The yeas and nays were demanded. The amendment was carried by the following vote, yeas 64, nay 29 : Those who voted in the affirmative are ; Messrs. Barnes, Benbow, Blnme, Bradley, Bryan, Candler, Cherry, Congleton, Cox, Dickey, Dowd, Duckworth, Durham, Ellis, Etheridge, Fisher, Forkner, French of Chowan, Garland, George, Graham of Montgomery, Grant of Wayne, Gully, Gunter, Hall, Hare, Hay, Hayes of Halifax, Hobbs, Hodnett, Homer, Hollowell, Hoist, Jones, of Caldwell, Jones, of Wash- ington, King of Lenoir, Lennon, Long, May, Marshall, McCubbins, Merritt, McDonald of Chatham, McDonald, of Moore, Morton, Mullican, Nance, Newsom, Patrick, Parks, Petree, Peterson, Read, Renfrow, Rose, Sanderlin, Smith, Stilly, Teague, Trogden, Tucker, Welker, Williams of Wake and Williamson — 6L Those who voted in the negative are : Messrs. Abbott, Andrews, Ashley, Baker, Carey, Colgrove, French of Rockingham, Fullings, Gahagan, Galloway, Glover, Hayes of Robeson, Heaton, Highsmith, Ing, Laflin, Lee, Logan, Mayo, Murphy, Pierson, Ragland, Ray, Rhodes, Rich, Bobbins, Rodman, Stilwell and Tajdor — 29. Mr. McDonald, of Chatham, moved to amend section first by striking out on fifth line, " Governor of the State shall ap- point," and insert, " People shall elect" 1868.] CONVENTION JOURNAL. 219 This amendment was discussed until the hour of 11, when, The House proceeded with the report of the Committee on Corporations other than Municipal. The motion to strike out and substitute by Mr. Tourgee was taken up and divided. The motion to strike out sections 4th, 5th, 6th, 7th, 8th, 9th and 10th, prevailed. The substitute on section fourth was put to the House, and lost. Section 11th was read. Wr. Welker moved to strike out the entire section. The motion was lost. The section, as read, was adopted. Mr. Abbott introduced an ordinance in relation to the Dan River and Coalfield Rail Road Company. Referred to the Committee on Internal Improvements. Mr. "Watts presented an ordinance to prohibit the collection of certain debts. "Was read and ordered to be printed. The following majority report of the Committee on Home- steads, was taken up and passed its first reading : MAJORITY REPORT OF THE COMMITTEE ON HOMESTEADS. The Committee appointed to report on a Homestead, re- spectfully submit the following article, to wit : Section 1. The personal property of any resident of this State, to the value of three hundred dollars, to be selected by such resident, shall be exempted from sale or execution, or other final process of any court, issued for the collection of any debt ccontracted after the adoption of this Constitution. Sec. 2. Every Homestead not exceeding one hundred acres of land and the dwelling and buildings therewith, not exceeding in value one thousand dollars, to be selected by the owner thereof, or in lieu thereof, at the option of the owner, any lot in a city, town or village, with the dwelling and buildings used thereon, owned and occupied by any resident of this State, and not exceeding the value of one thousand dollars, 220 CONVENTION JOURNAL. [Session shall be exempt from sale, execution, or any final process, ob- tained on any debt contracted from and after the adoption of this Constitution. Such exemption, however, shall not extend to any mortgage lawfully obtained ; but no such mortgage or deed in the nature thereof, made by the owner ot the home- stead, if a married man, and no deed of conveyance by him shall be valid without the voluntarv signature and assent of his wife, signified on her private examination before a Judge of some Court of this State. Sec. 3. The homestead of a family, after the death of the owner thereof, shall be exempt from the payment of any debt contracted by him after the adoption of this Constitution, during the minority of his children, or any one of them. Sec. 4. The provisions of sections one and two of this Arti- cle shall not be so construed as to prevent a laborer's lien for work clone and performed for the person claiming such exemp- tion, or a mechanic for work done on the premises. Sec. 5. If the owner of a homestead die, leaving a widow but no children, the same shall be exempt from the debts of her husband, and the rents and profits thereof shall inure to her benefit for her life. Sec. 6. The real and personal property of any female in this State, acquired before marriage, and all property, real and personal, to which she may, alter marriage, become in any manner entitled after the adoption of this Constitution, shall be and remain the sole and separate estate and property of such female, and shall not be liable for any debts, obliga- tions or engagements of her husband, and may be conveyed, devised, or bequeathed by her as if she were a feme sole. C. C. JONES, Chairman. HENRY BARNES, JESSE RHODES, J. L. NANCE, JOHN II. RENFROW, ISAAC KINNEY, sween Mcs. Mcdonald. 1868.] CONVENTION JOURNAL. 221 On motion the report was postponed until Thursday next, at 11 o'clock. Mr. McDonald moved to call up a resolution in favor of Hugh B. Guthrie, Sheriff of Orange County. On motion the resolution was referred to a Special Com- mittee of five. The ordinance of Mr. Watts, for the relief of the people^ was taken up. A motion was made to postpone the ordinance until the Constitution was framed. The yeas and nays were demanded. The ordinance was postponed by the following vote, yeas 54, nays 36 : Those who voted in the affirmative are ; Messrs. Ashley, Baker, Barnes, Benbow, Bradley, Bryan, Carter, Candler, Cherry, Cox, Dickey, Dowd, Duckworth, Durham, Ellis, Fisher, Forkner, French of Rockingham, Gahagan, Galloway, Garland, Glover, Grant of Wayne, Grant of Northampton, Hobbs, Hodnett, Hoffler, Hollo well, Ing, Jones of Caldwell, Jones of Washington, King of Lenoir, Kinney, Lennon, Logan, May, Mayo, Marshall, McCubbins, Mullican, Murphy, Nicholson, Parker, Parks, Petree, Pier- son,Renfrow, Rhodes, Rose, Stilly, Teague, Trogden, tucker and Williams of Wake — 54. Those who voted in the negative are : Messrs. Carey, Chillson, Congleton, Etheridgej Franklin French of Chowan, George, Graham of Montgomery, Gully, Gunter, Harris of Wake, Hay, Hayes of Halifax, Highsmith, Lee, Long, Merritt, McDonald of Chatham, McDonald of Moore, Morton, Nance, Newsom, Peterson, Ragland, Raj 7 , Read, Robbins, Rodman, Sanderlin, Smith, Stilwell, Taylor, Turner, Watts, Welker and Williamson — 36. Leave of absence was granted Mr. Carey, delegate from Caswell. Mr. Jones, of Washington, introduced the following resolu- tion : Resolved, That this Convention will not entertain any pro- position of a purely legislative eharaeter after the h©ur of 11 222 CONVENTION JOURNAL, [Session o'clock, A. M., each day, until the reports of the Committees appointed to report matter looking to the formation of a Con- stitution shall be considered, and a Constitution framed. Mr. Welker moved to lay the resolution on the table. The yeas and nays were demanded. The motion was lost by the following vote, 3 7 eas 42, nays 52: Those who voted in the affirmative are : Messrs. Abbott, Ashley, Barnes, Carter, Candler, Cherry, Chilson, Congleton, Etheridge, Fisher, Franklin, French of Chowan, Galloway, George, Graham of Montgomery, Gully, Gunter, Harris of Franklin, Hay, ITobbs, Hollo well, Ing, Long, Mann, McDonald of Chatham, McDonald of Moore, Morton, Murphy, Nance, Newsom, Parks, Petree, Bagland, Ray, Rodman, Rose, Smith, Stillwell, Taylor, Turner, Watts and Welker— 42. Those who voted in the negative are : Messrs. Benbow, Blume, Bradley, Bryan, Cox, Dickey, Dowd, Duckworth, Durham, Ellis, Forkner, French of Rock- ingham, Fallings, Gahagan, Garland, Glover, Grant of Northampton, Flail, Hare, Hayes of Flalifax, Highsmith, Hodnett, Hoffler, Holt, Hyman, Jones of Caldwell, Jones of Washington, King of Lenoir, Kinney, Lennon, Logan, May, Mayo, Marshall, McCubbins, Merritt, Mullican, Nicholson, Parker, Peterson, Pierson, Read, Renfrow, Rhodes, Robbins, Sanderlin, Stilly, Teague, Trogden, Tucker, Williams of Wake and Williamson — 52. Mr. Rodman moved to amend by adding the words, " ex- cept when there is no other business." The amendment was accepted, and the resolution, as amended, was put upon its passage. The yeas and nays were demanded. The resolution was adopted by the following vote, yeas 54, nays 44: Those who voted in affirmative are : Messrs. Abbott, Ashley, Aydlott, Barnes, Blume, Carter, Candler, Cherry, Chillson, Congleton, Dowd, Etheridge, Fisher, Franklin, French of Chowan, George, Graham of Montgomery, Grant of Wayne, Gully, Gunter, Harris of J 868.] CONTENTION JOURNAL. 123 Wake, Hayes of Robeson, Highsmith, Ing, King of Lenoir, Kinney, Laflin, Lee, Logan, Long, Mann, Mayo, McDonald of Chatham, McDonald of Moore, Morton, Murphy, Newsom, Parks, Petree, Peterson, Pierson, Ragland, Ray, Read, Rob- bins, Rodman, Rose, Smith, Stilwell, Taylor, Turner, Watts, Welker and Williamson — 54. Those who voted in the negative are : Messrs. Baker, Benbow, Bradley, Bryan, Cox, Dickey, Duckworth, Durham, Ellis, Forkner, French of Rockingham, Fullings, Gahagan, Garland, Glover, Graham of Orange, Grant of Northampton, Hall, Hare, Flayes of Halifax, Hea- ton, Hodnett, Homer, Hollowell, Holt, Jones of Caldwell, Jones of Washington, Lennon, May, Marshall, McCubbins, Merritt, Mullican, Nance, Nicholson, Parker, Pool, Renfrew, Sanderlin, Stilly, Teague, Trogden, Tucker and Williams of Wake— 44. Mr. Abbott introduced the following resolution : Resolved, That the contingent expenses of this Convention, including those for labor, be not paid until audited by the Committee on Contingent Expenses, and approved by the President and Secretary. On motion, the rules were suspended, and the resolution adopted. The following committee of five were appointed to report on the resolution of Mr. McDonald, of Chatham, for the relief of the Sheriff of Orange County : Messrs. McDonald of Chatham, King of Lenoir, McCubbins, Nicholson and Smith. Mr. King, of Lenoir, introduced an ordinance concerning widows who have qualified as Executrix to the last will and testament of their deceased husbands. Lies over under the rules. On motion, the House adjourned. AFTERNOON SESSION, Febkttary 17th, 1868. The Convention was called to order at 1\ o'clock by the 224 CONTENTION JOURNAL. [Session The President anounced a quorum, Mr. Hayes, of Halifax, presented the following resolution, which was referred to the Committee on Contingent Expenses : Resolved, That the servants employed by this Convention be paid two dollars per day* Mr. Forkner called up the following resolution : Unsolved, Tha,t a Committee of three on adjournment be appointed and instructed to report, as in their opinion, when this Convention should adjourn sine die. The resolution was, on motion, adopted. On motion, the report of the committee on a Preamble and Bill oi Rights was proceeded with, Mr. Rodman moved to amend section 17th by adding as follows : " The remedy shall not be sttspeuded except in case of war, insurrection or invasion ;" also to strike out section 20th, The yeas and nays were demanded, and the amendment Was lost by the -following vote, yeas 6, nays 72. Those who voted in the affirmative are : Messrs. Abbott, Ashley, Dowd, Fisher, Rich, Rodman — 6, Those who voted in the negative are ': Messrs. Andrews, Aydlott, Barnes, Benbow, Bryan, Carter. Candler, Cherry, Chilson, Colgrove, Congleton, Cox, Dickey, Duckworth, Durham, Forkner, Franklin, French of Rocking- ham, Fullings, Gahagan, G-eore, GloVer, Graham of Mont- gomery, Grant of Northampton, Gunter, Hall, Hare, Har- ris of Wake, Harris of Franklin, Hay, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hodnett, HofHer, Hollo well, Jones of Caldwell, Jones of Washing- ton, King of Lenoir, Kinney, Logan, Mayo, McCubbins. Merritt, McDonald of Chatham, McDonald of Moore, Moore, Mullican, Murphy, Newsom, Nicholson, Parker, Parks, Pe- tree, Peterson, Pierson, Ragland, Renfrow, Rhodes, Rose. Smith, Stilwell, Taylor, Teague, Trogden, Tucker, Turner, Watts, Welker and Williamson—- 72. Mr. Congleton moved to amend section 6th, by striking out all before " the State " in the fourth line. 1868.] CONVENTION JOURNAL. 225 The yeas arid nays were demanded, and the amendment was lost by the following vote, yeas 10, nays 56. Those who voted in the affirmative are : Messrs. Congleton, Graham of Montgomery, McDonald •of Chatham, McDonald of Moore, Murphy, Newsom, Parks, Taylor, Turner and "Welker — 10. Those who voted in the negative are : Messrs, Abbott, Andrews, Ashley, Aydlott, Baker, Barnes, Bryan, Carter, Candler, Colgrove, Cox, Dickey, Duckworth, Eppes, Fisher, Forkner, French of Rookingkam, French ot Chowan, Fullings, Gahagan, Galloway, George, Grant of Northampton, Gunter, Harris of Wake, Harris of Franklin, Hay, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hollowell, flyman, Jones of Caldwell, Jones of Washington, Kinney, Logan, Mayo, Morton, Mullican, Nance, Nicholson, Par- ker, Petree, Pierson, Ray, Henfrow, Rhodes, Robbins, Rose, Smith, Stilweli, Teague, Tucker, Watts and William- son — 56. On motion the House adjourned, TUESDAY, February 18th, 1868. The Convention was called to order at 10 o'clock, by the President. Prayer by the Rev. Mr. Franklin. The President announced a quorum. The Journal of Monday was read and approved. Mr. Read presented a petition of divorce in favor of one Edw'd Shwyer. Referred to the Committee on Divorce. The Committee on Contingent Expenses, to whom was re- ferred the resolution of Mr. George, in favor of Edwin C. Bartlett, of the County of Ashe, reported as follows: The undersigned Committee on Contingent Expenses, to whom was referred the resolution in favor of Mr. Bartlett, have had the same under consideration, and beg leave to i& commend that Edwin C. Bartlett be allowed for one day's at- 15 226 CONTENTION JOUENAL. [Session attendance as a member of this Convention, and also mileage for four hundred and forty six miles, the distance from his home to the City of Raleigh and return. One day, $ 8 00 446 miles, 20 cents per mile, - - - - 89 20 $97 20 E. W. KING, E. F. TROGDEN, L. C. MORTON, JNO. EEAD, J. W. HOOD. Mr.. Morton introduced a resolution to repeal an ordinance ratified June 20th, 1866. Lies over under the rules. The hour of 10^ having arrived, the House proceeded to take up the following report of the Committee on a Preamble and Bill of Eights, it being a Special Order at that time, and put it upon its third reading and final passage : PEEAMBLE. "We, the people of the State of North-Carolina, grateful to Almighty God, the Sovereign Euler of Nations, for the pre- servation 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 there- of, and for the better government of this State, ordain and establish this Constitution : AETICLE I. DECLARATION OF EIGHTS. That the general, great and essential principles of liberty 1868.] CONTENTION JOURNAL. 227 and free government may be recognized and established, and 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 affirm- ed, we do declare : Section 1. That we hold it to be self-evident that all men are created equal ; that they are endowed by their Creator with certain unalienable rights ; among these are life, liberty, the enjoyment ol the fruits of their labor, and the pursuit of happiness. Sec. 2. That all political power is vested in and derive d from the people ; 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 govern- ment 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 contra- vention 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 in- 228 CONVENTION JOUENAL. [Session surrection 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 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 dis- tinct from each other. Sec. 9. All power of suspending laws, or the execution of laws, by any authority, without the consent of the representa- tives 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, nor be compelled to pay costs or jail fees, or necessary witness fees of the defence, unless found guilty. Sec. 12. No person shall be put to answer any criminal charge, except as hereinafter allowed, but by indictment, pre- sentment, 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 ap- peal. Sec. 14. Excessive bail should not be required, nor ex- cessive fines imposed, nor cruel, nor unusual punishments in- flicted. Sec. 15. General warrants, whereby any officer or messen- ger may be commanded to search suspected places without evidence of the fact committed, or to seize any person or per- sons not named, whose offence is not particularly described and supported by evidence, are dangerous to liberty, and onght not to be granted. 1868.] CONVENTION" JOURNAL. 229 Sec. 16. There shall be no imprisonment for debt in this State, except in cases of fraud. Sec. 17. No person ought to be taken, imprisoned, or dis- seized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed, or deprived of his life, lib- erty, or property, but by the law of the land. Sec. 18. Every person restrained of his liberty is entitled to a remedy to inquire into the lawfulness thereof, and to remove the same, if unlawful, and such remedy ought not to be denied or delayed. Sec. 19. 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. Seo. 20. The freedom of the press is one of the great bul- warks of liberty, and therefore ought never to be restrained, but every individual shall be held responsible for the abuse of the same. Sec. 21. The privilege of the writ of habeas corpus shall not be suspended in this State. Sec. 22. As political rights and privileges are not depen- dent upon, or modified by property, therefore no property qualification ought to affect the right to vote or hold office. Sec. 23. 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. 21. The people have a right to bear arms for the de- fence 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 25. The people have a right to assemble together to consult for their common good, to instruct their representa- tives, and to apply to the Legislature for redress of grievances. Sec 26. All men have a natural and unalienable right to worship Almight}'' God according to the dictates of their own 230 CONTENTION JOURNAL. [Session consciences ; that no human authority should, in any case what- ever, control or interfere with the rights of conscience. Sec 27. The people have a right to the privilege of educa- tion, and it is the duty of the State to guard and maintain that right; Sec. 28. For redress of grievances, and for amending and strengthening the laws, elections ought to be often held. Sec. 29. A frequent recurrence to fundamental principles is absolutely necessary to preserve the blessings of liberty. Sec. 30. No hereditary emoluments, privileges, or honors, ought to be granted or conferred in this State. Sec. 31. Perpetuities and monopolies are contrary to the genius of a free State, and ought not to be allowed. Sec 32. Retrospective laws, punishing acts committed be- fore the existence of such laws, and by them only declared criminal, are oppressive, unjust, and incompatible with liber- ty ; wherefore, no ex post facto law ought to be made. No law taxing retrospectively, sales, purchases, or other acts pre- viously done, ought to be passed. Sec 33. 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 34. The limits and boundaries of the State shall be and remain as they now are. Sec 35. 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 ad- ministered without sale, denial or delay. Sec 36. 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 37. This enumeration of rights shall not be construed to impair or deny others retained by the people, and all pow- ers not herein delegated, remain with the people. Mr. Watts moved to amend section 6th by inserting after the word " pay," in the fifth line, " or authorize the collec- tion of." The amendment was adopted. 1868.] CONTENTION JOURNAL. 231 Mr. Durham moved to amend section 20th by striking out all after the word " restrained." The yeas and nays were demanded. The amendment was lost by the following vote, yeas 25, nays 83 : Those who voted in the affirmative are : Messrs. Baker, Bradley, Cox, Dowd, Durham, Ellis, Ethe- ridge, Forkner, Graham of Orange, Hall, Hare, Hodnett, Hollowell, Holt, Jones of Caldwell, Lennon, Marshall, Mc- Cubbins, Merritt, McDonald of Chatham, Patrick, Petree, Ray, Read and Sanderlin — 25. Those who voted in the negative are : Messrs. Abbott, Andrews, Ashley, Aydlott, Barnes, Ben- bow, Blume, Bryan, Carter, Candler, Cherry, Chillson, Col- grove, Congleton, Dickey, Duckworth, Eppes, Fisher, Frank- lin, French of Bladen, French of Rockingham, French of Chowan, Fullings., Gahagan, Galloway, Garland, George, Glover, Graham of Montgomery, Grant of Wayne, Grant of Northampton, Gully, Gunter, Harris of Franklin, Hay, Hayes of Robeson, Heaton, Highsmith, Hobbs, Hood, Hy- man, Ing, King of Lenoir, Kinney, Lafiin, Lee, Logan, Long, Mann, May, McDonald of Moore, Moore, Morton, Mullican, Murphy, Nance, Newsom, Nicholson, Parker, Parks, Pierson, Pool, Raglan d, Renfrew, Rhodes, Rich, Robbins, Rodman, Rose, Smith, Stilly, Stilwell, Taylor, Teague, Trogclen, Tuck- er, Turner, Watts, Welker, Williams of Wake and William- son — 83. Mr. Durham moved to amend section 23d by adding "with- out representation in the Congress of the United States." The amendment was lost. Mr. Abbott moved to amend section 21st by striking out -" in this State." The amendment was adopted. Mr. Graham, of Orange, moved to amend section 2lth by striking out " the people have a right to bear arms for the defence of the State," and insert " a well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed." 232 CONTENTION JOURNAL. [Session The amendment was adopted. The report of the Committee on a Preamble and Bill ot Rights as amended passed its third and final reading by the following vote, yeas 87 , nays 20. Those who voted in the affirmative are : Messrs. Abbott, Andrews, Ashley, Aydlott, Barnes, Ben- bow, Blume, Bryan, Carter, Candler, Cherry, Chillson, Col- grove, Cox, Dickey, Duckworth, Eppes, Fisher, Forkner,, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fallings, Gahagan, Galloway, Garland > George,, Graham of Montgomery, Grant of Wayne, Grant of Nort- hampton, Gully, Gnnter, Harris of Wake, Harris of Franklin,. Hay, Hayes, of Robeson, Hayes of Halifax, Heaton, High- smith, Hobbs, Hoffler, Hollo well, Hood, Hy man, Ing, Jones of Caldwell, Jones of Washington, King of Lincoln, King of Le- noir, Kinney, Lee, Logan, Mann, May, McDonald of Chatham, McDonald of Moore, Moore, Morton, Mullican, Nance, Nich- olson, Patrick, Parker, Parks, Petree, Peterson, Pierson, Pool,. Ragland, Ray, Read, Renfrow, Rhodes, Rich, Robbins, Rod- man, Rose, Smith, Stilly, Stilwell, Teague, Trogden, Tucker,. Watts, Williams of Wake, and Williamson — 87. Those who voted in the negative are r Messrs. Baker, Bradley, Congleton, Dowd, Durham, Ethe- ridge, Graham of Orange, Hall, Hare, Hodnett, Lennon> Long, Marshall, McCubbins, Merrit, Murphy, Sanderlin, Tay- lor, Turner and Welker — 20. The following report of the Committee on Suffrage and El- igibility to office was taken up : The majority and minority reports were read to the House. REPORT OF THE COMMITTEE ON SUFFRAGE AND ELIGIBILITY TO OFFICE. The Committee appointed to prepare and report to the Convention an Article of Suffrage and Eligibility to office,, submit the following report : 1868.] CONVENTION JOCTENAL. 23& AETIOLE — . SUFFRAGE. Section 1. Every male person born in the United States, and every male person who lias been naturalized, twenty-one years old or upward, who shall have resided in this State twelve months next preceeding the election, and three months in the County, in which he offers to vote, shall be deemed an elector. Sec 2. All elections by the people shall be by ballot, and all elections by the General Assembly shall be viva voce. AETICLE — . ELIGIBILITY TO OFFICE. Section 1. Every voter, except as herein after provided, shall be eligible to office ; bnt, before entering upon the discharge of the duties of his office, he shall take and subscribe the follow- ing oath : " I, -, do solemnly swear (or affirm,) that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North-Carolina, not inconsistent therewith, and that I will faithfully discharge the duties of my office, So help me God." Seo. 2. The following classes of persons shall be disqualifi- ed for office : 1st, All persons who shall deny the being of Almighty God ; 2d, All persons who shall have been convic- ted of treason, or shall have been adjudged guilty of felony,, perjury, of any infamous crime, (unless such person shall have been fully pardoned,) or of corruption or mal-practice in office, C. C. POOL, C. C. JONES, D. J. EICH, J. H. HAEEIS, j. a. Mcdonald, J. P. ANDEEWS, E. BENBOW, H. 0, C. CHEERY, 234 CONVENTION JOURNAL. [Session MINORITY REPORT. We, tlie undersigned, a part of the committee appointed to prepare and report to the Convention an article on Suffrage and Eligibility to office, submit the following: ELECTIONS. Section i. In all elections by the people, the electors shall vote by ballot, and the ballot shall be deposited by the elec- tor in person. ELECTION. Sec 2. Every citizen of the United States, who shall have resided in this State one year, and in the County in which he offers to vote, three months next preceding the day of elec- tion, shall be deemed an elector, except as hereinafter provi- ded. 1st. Those who have been convicted of in famous .crime, since becoming citizens of the United States. 2d. Those who have .been judicially pronounced to be of unsound mind. 3d. Those who have prevented, or endeavored to prevent any voter from the free exercise of the elective franchise by threats, violence or bribery. 4th, Those, who are disqualified from holding office by the terms of the proposed amendment to the Constitution of the United States, known as article fourteen, and the act of Congress passed March 2d, 1867, and the several acts supplementary thereto. Provided, That whenever said disqualifications shall be removed, as provided in said article, the person thus relieved .shall be entitled to the elective franchise in the State. 5th. Those who, during the late rebellion, inflicted, or caused to be inflicted, or were accessory to the crime of inflicting any cruel or unusual j3un- ashment upon any officer, soldier, sailor, marine, employee, or citizen of the United States, or in anv manner violated the rules R. S. Canby, made to this Con- vention, which gave rise to the former action of this Conven- tion, which declared that John M. Marshall was chosen in- stead of John G-. Marler. Jno. M. Marshall received 1,123 votes, and John G-. Marler, 1,030 votes, which shows that -John M. Marshall is entitled to his seat. We, therefore, submit -the following : Resolved, That the seat now occupied by John Gr. Marler be vacated, and John M. Marshall be admitted to his seat. The report was accepted. The hour of 10-J- having arrived, the Special Order for that hour was postponed to Wednesday at 10|- o'clock. The following report was received -from -the Committee of sixteen. The Committee of sixteen, to whom was referred the peti- tion of certain citizens of Jones County, in relation to the change of a portion of the line between said County and the County of Lenoir, have had the same under consideration, and respectfully beg leave to to report as follows : That the present Convention is not prepared to act upon said subject, for the following reasons : 1st. Because the Constitution now being framed, has not yet been ratified by the vote of the people. 2d. Because there will be an Article in said Constitution, pointing out the course hereafter to be taken in relation to the change of County lines, and that a remedy can be furnished «,t the next, or any subsequent Legislature, for the claims -of 19 290 CONVENTION JOURNAL. [Session said petitioners, of such a character as will enable said petition- ers to accomplish the object desired. All of which is respectfully submitted. DAYID HEATON, Chairman. On motion, the report was adopted. Mr. Forkner moved that the report of the Committee ok Privileges and Elections be adopted. Mr. Durham moved that the report of the Committee on Privileges and Elections, be printed with the accompanying papers. The motion was not sustained. The hour of eleven having arrived, the Special Order for that hour was, On motion, postponed. Mr. Durham moved to re-commit the report of the Com- mittee on Privileges and Election to that Committee, with in- structions to communicate with General Canby, and send for the original scrolls or ballots cast in the Counties of Alleghan}^ Ashe, Surry, Yadkin and "Watauga. After some discussion, Mr. Forkner moved the previous qnestion, Which motion was sustained. The motion of Mr. Durham was put to the House and lost. Mr. Durham moved to lay the report of the Committee on the table. Which motion the Chair decided out of order. Mr Heaton moved a call of the House. The Roll was called. The following members present viz : Messrs. Ashley, Aydlott, Baker, Blume, Bradley, Bryan, Carey,Carter, Candler, Chillson, Colgrove, Congleton, Cox, Dickey, Dowd, Duckworth, Durham, Ellis, Eppes, Etheridge, Fisher, Forkner, Franklin, French of Rockingham, French of Chowan, Fullings, Gahagan, Galloway, Garland, Garrett, George, Glover, Graham of Montgomery, Graham of Orange, Grant of Wayne, Grant of Northampton, Gully, Gunter, Hare, Hay, Hayes, of Robeson, Hayes of Halifax, Heaton, 1868.] CONTENTION JOURNAL. 291 Highsmith, Hobbs, Hodnett, Hoffler, Hollowell, Holt, Hood, Hyman, Ing, Jones of Caldwell, Jones of Washington, King of Lincoln, Kinney, Laflin, Lee, Legg, Lennon, Logan, Long, May, Mayo,Marler, McCubbins, Merrit, McDonald of Moore, Moore, Morton, Mnllican, Murphy, Nance, Newsom, Nichol- son, Parker, Parks, Petree, Pierson, Pay, Read, Rhodes, Robbins, Rodman, Rose, Sanderlin, Smith, Stilley, Stilwell, Sweet, Taylor, Teague, Tourgee, Tucker, Turner, "Watts, Welker, Williams of Sampson and Williamson — 89. The Chair ordered the lobbies cleared and the doors closed, When, on motion of Mr. Graham, of Orange, further proceedings in the matter were suspended. The question then before the House, was on the adoption of the report of the Committee. Mr. Durham demanded the yeas and nays. The report was then adopted by the following vote, yeas 67, nays 17: Those who voted in the affirmative, are : Messrs. Ashley, Aydlott, Blume, Bryan, Carey, Carter, Candler, Cherry, Chillson, Colgrove, Congleton, Cox, Dickey, Duckworth, Fisher, Forkner, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Galloway, Garland, Garrett, Glover, Graham of Montgomery, Grant of Wayne, Gully, Gunter, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hood, Hyman, Jones of Washing- ton, King of Lincoln, Kinney, Laflin, Lee, Logan, Long, May, Mayo, Morton, Mullican, Newsom, Parks, Petree,*Pierson, Ray, Rhodes, Robbins, Rodman, Rose, Smith, Stilwell, Sweet, Taylor, Teague, Tourgee, Tucker, Turner, Watts, Welker and Williamson — 67. Those who voted in the negative, are : Messrs. Baker, Dowd, Durham, Ellis, Graham of Orange, Hare, Hay, Hodnett, Holt, Legg, Lennon, McCubbins, Mer- ritt, McDonald of Chatham, Moore, Sanderlin, Stilly and Williams of Sampson — 17. Mr. Durham offered a protest, which he desired entered on the Journal of the Convention, which was granted by the House. 292 CONTENTION JOURNAL. [Session Mr. Marshall was properly qualified by the Secretary, and took his seat in the Convention. Mr. Bradley moved that Mr. Marler be entitled to his per diem and mileage. The motion prevailed. The following report was taken up and passed its first reading : BEPOKT OF THE COMMITTEE ON PUNISHMENTS, PENAL INSTITUTIONS AND PUBLIC CHAPJ- TIES. The Committee on Punisnments, Penal Institutions and Public Charities, would submit to the consideration of the Convention, the following report : AKTICLE -^. Section 1. The following punishments shall be known to the laws of this State, viz : Death, imprisonment, fines, re- moval from office and disqualification to hold and enjoy any office of honor, trust, or profit, under this State. Sec. 2. The object of punishments being not only to satisfy justice, but also to reform the offender, and thus prevent crime, it shall not be allowed to inflict any cruel or unusual punishments ; and wilful murder only shall be liable to be punished with death, while branding, cropping, whipping, and the pillory, shall never be allowed. Sec. 3. The General Assembly shall, at its first meeting, make provision for the erection and conduct of a State's prison or penitentiary at some central and accessible point within the State. Sec. 4. The General Assembly shall provide for the erec- tion of Houses of Correction, where vagrants and persons guilty of misdemeanors shall be restrained and usefully em- ployed. Sec. 5. A House of Eefuge shall also be established at an early period for the juvenile offenders, where, under proper supervision, they may be reclaimed from vicious habits and fitted for the duties of citizens. 1868.] CONTENTION JOURNAL. 293 Sec. 6. It shall be required by competent legislation that the structure and superintendence of the penal institutions of the State, the County jails, and city police prisons, secure the health and comfort of the prisoners, and male and female con- victs be never confined in the same room or cell. Sec. 7. Beneficent provisions for the poor, the unfortunate and orphan, being one of the first duties of a civilized and christian State, the General Assembly shall, at its first session, appoint and define the duties of a Board of Public Charities, to whom shall be entrusted the management of all charitable and penal State institutions, and who shall annually report to the Govornor upon their condition, with suggestions for their improvement. Sec. 8. There shall also, as soon as practicable, be measures devised by the State for the establishment of one or more Orphan Houses, where the orphans of the poor shall be cared for, educated and taught some business or trade. Sec. 9. It shall be the duty of the Legislature, at an early day, to devise means for the education of idiots and the cure of inebriates. Sec. 10. The General Assembly shall provide that all the deaf-mutes, the blind, and the insane of the State shall be cared for at the charge of the State, Sec. 11. It shall be steadily kept in view by the Legisla- ture, and the Board of Public Charities, that all penal and charitable institutions should be made as nearly self-support- ing as is consistent with the purposes of their creation. G. WILLIAM WELKER, Chairman. G. W. BRADLEY, S. W, WATTS, R. T. LONG, J. S. PARKER, W. A. B. MURPHY, MILTON HOBBS, I T. L. L. COX, WILLIE DANIEL, CLINTON D. PEARSON, BRYANT LEE, J. H. DUCKWORTH, ANDREW J. GLOVER. 294 CONTENTION JOURNAL. [Session On second reading, section 1st was adopted. Section 2d was read. Mr. Rodman moved to strike out all in first, second and third lines, excluding the word " Crime." The amendment was not sustained. Mr. Rodman moved to strike out in third and fourth lines, the words, " it shall not be allowed to inflict any cruel or un- usual punishments." The amendment was accepted by Mr. "Welker, Chairman of the Committee. Mr. Tourgee moved to strike out the word " and," in fourth line. The motion was sustained. Mr. Rodman moved to strike out the word " wilful," in fourth line. The amendment was accepted by Mr. Welker, the Chair- man of the Committtee. Mr. Rodman moved to strike out the word " only," in fourth line. Mr. Rodman withdrew the amendment, and offered the fol- lowing in place thereof : Strike out all after " crime," in line third, down to the word " while," in line fifth, and insert as follows: " Murder and also arson, burglary and rape, if the General Assembly shall so enact, shall be punishable with death. The amendment was put to the House and lost. On motion, the vote was reconsidered, and the amendment adopted. Mr. Rodman moved to amend by striking out the words, " while branding, whipping, and the pillory shall never be allowed." The amendment was adopted. Section 2d, as amended, was adopted. Mr. Rodman moved to reconsider the vote by which section 1st was adopted. The motion prevailed. Mr. Rodman moved to amend by inserting the word " only," after the word " punishments," on line first, and the words, 1868.] CONVENTION JOURNAL. 295 •" with or without hard labor," after the word " imprison- ment,"" on line second. The amendments were adopted. The section, as amended, was adopted. Section 3d was read. Mr. Mulliean moved the following as a substitne: " The General Assembly shall, as soon as practicable, make provisions for the erection of a penitentiary, at some central .and aeeessable point within the State." The substitute did not prevail. The section, as read, was adopted. Section 4th was read. Mr. Heaton moved to insert " may," instead of " shall," in line first. The amendment was accepted by the Chairman of the ^Committee. The section, as amended, was adopted. Section 5th was read. Mr. Jones, of "Washington, moved to insert " may " instead of " shall," in line first. The amendment was adopted. Mr. Harris, of Wake, moved to insert after the word " House,"" on line first, the words, " or Houses." The amendment was accepted by the Chairman of the Committee. Mr. Hobbs moved to strike out the entire section. Mr. Watts moved to adjourn. The motion was not sustained. The yeas and nays were granted on the motion of Mr. Hobbs, to strike out. The House, on motion, adjourned. EVENING SESSION, March 3d, 186S. "The Convention was called to order at 7J o'clock by the President. The roll was called. 296 CONTENTION JOURNAL. [Session The following members present, viz : Messrs. Abbott, Ashley, Aydlott, Baker, Blnme, Bradley,. Bryan, Carey, Carter, Chillson, Colgrove, Congleton, Cox, Dickey, Dowd, Duckworth, Durham, Ellis, Eppes, Etheridge, Fisher, Forkner, Franklin, French of Bladen, French of Chowan, Fullings, Galloway, George, Graham of Montgom- ery, Gully, Gunter, Hare, Hayes of Robeson, Hayes of Hal- ifax, Highsmith, Hobbs, Hodnett, Hoffler, Hollowell, Holt,. Hood, Hyman, Ing, Jones of Caldwell, Jones of "Washington,. King of Lincoln, Kinney, Laflin, Lee, Legg, Lennon, Mann, May, Mayo, Marshall, McCubbins, Merritt, McDonald of Moore, Moore, Morton, Mullican, Murphy, Nance, Newsom, Nicholson, Parker, Parks, Petree, Peterson, Pool, Ray, Head, Rhodes, Rich, Robbins, Rodman, Rose, Sanclerlin, Smith,. Stilwell, Taylor, Teague, Tucker, Turner, Watts and Welk- er— 86. The following ordinance introduced by Mr. Rodman, hav- ing been made a Special Order for this evening, was taken up: AN ORDINANCE FOR THE RELIEF OF THE PEO- PLE.. Section 1. It is hereby ordained by the people of North- Carolina in Convention assembled, That no court of law or court of equity created by the Constitution, which shall be- adopted by this Convention, shall have jurisdiction of any action founded on a contract made or entered into prior to the first day of May, 1865 ; (except actions against public officers, executors, administrators, guardians, trustees and others acting in a fiduciary capacity, founded on an appropriation to their own use of money or property officially received by them, or oth- er fraudulent breach of trust: and except also, notes given for the purchase of land where less than half the purchase money has been paid : and except also, actions for the wages of laborers ; and except also, actions against banking and rail road corporations : and except where the debt is secured by mortgage or deed in trust,) nor of any action, suit, or process to revive, continue or enforce any judgment heretofore recav- 1868.] CONVENTION JOUKNAL. 29T ered in any action founded as aforesaid, nor of any action founded on any bond, promissory note, bill of exchange or parol promise made since the 1st of May, 1865, in renewal of, or substitution for, a contract made prior to 1st of May, 1865, to the full amount of principal and interest of a debt, existing prior to said clay, and without other consider- ation than such pre-existent debt ; nor of any action, suit, or process to revive, continue or enforce any judgment hereto- fore recovered upon any such bond, promissory note, bill of exchange or parol promise as is heretofore mentioned : unless before or at the time of commencing any such action, proceed- ing or motion, or of suing out such process, or of enforcing- the same, the plaintiff therein, in person or by his attorney, shall by deed, or of record, stipulate that if the defendant shall at the current or next ensuing term of the Court, to which such action shall be brought, or in which it is pending, or to- which such process is returnable, pay to the plaintiff, or into Court for his use, the- one-tenth part of the sum of the princi- pal an-d interest, up to the first day of January, 1868, of the- debt recovered, or demanded and not denied to be due, to- gether wkh the taxable cost of such suit or process, and shall annually for nine years thereafterpay as aforesaid a like sum ; the said plaintiff will accept such payments in frail satisfaction and discharge of the demand sued for. And if' the defendant shall pay the said costs and the debt in tenths annually in manner aforesaid, the action shall be continued from term to- term in the Court, but the Court shall have no jurisdiction to hear, try or determine the- same, or to make any other order- therein. And if the defendant in any such action, shall on oath, deny that he owes to the plaintiff the sum demanded by him, or shall admit that he owes a part only of said sum, and on oath deny that he owes the residue, then the Court shall have jurisdiction of so much of the debt as is denied ; and shall proceed to try and determine the suit as if brought for- that portion of the claim only ; and the defendant as to the: portion of the claim not denied by him shall have the benefit of the provision of this ordinance. And if such defendant shall, at any time-, fail to pay the costs and one-tenth annua-ily 298 CONVENTION JOURNAL. [Session as herein provided for, the plaintiff shall be entitled immedi ately to judgment and process of execution for the said costs and tenth, or lor so much thereof, as shall be unpaid. Sec. 2. If the plaintiff, in any action now pending, in any court of law or equity in this state, of which action it is en- acted in the foregoing section, that no court shall have juris- diction, unless on the performance by the plaintiff of certain conditions in said section set forth, or any person having a cause of action, of which jurisdiction is denied by the provis- ions of the foregoing section, shall by deed filed in the proper court, for the use of the defendant in such action, or of the person against whom such cause of action exists, or of record in such court, stipulate and agree, that if the defendant, or person against whom such cause of action exists, shall pay to the said plaintiff or person having such cause of action, or into court for his use, the cost and also one-fourth of the debt or demand of the said plaintiff, or person having such cause of action, in three equal payments, the first of which, with the costs, shall be paid in three months, from the entering into such agreement, and the other two, with interest thereon, at the end of one and two years respectively, from the time of the first pajmient ; that he, the said plaintiff or person having such cause of action, will release and discharge the defendant or person against whom the cause of action exists, from the said debt or demand, and shall have given notice to the de- fendant, or person against whom the cause of action exists, ten days before entering into sueh agreement, that he would enter into such agreement ; then, and in that case, the court shall have jurisdiction to hear, try, and determine the demand of the said plaintiff or person having a cause of action, and shall give judgment for the costs of the suit, and tor one-fourth of the sum found due, and execution may immediately issue, and be levied on the property of the person against whom the judgment was recorded, which levy shall be a lien on the pro- perty levied on, prior to any lien subsequently acquired ; but the property shall only be sold in case of failure to pay as aforesaid. Sec, 3. If any such plaintiff, or person having a cause of 1868.J CONTENTION JOTIKNAL. 299 action, shall, in manner aforesaid, agreee to receive from the defendant, or person against whom the cause of action exists in full, satisfaction and discharge of the debt or demand, a sum, which shall hear such proportion to the debt due the plaintiff, or person having cause of action as the property, rights, and credits of the defendant, or person against whom the cause of action exists, bears at the date of such agreement to the property, rights and credits of the said defendant or person, on the 20th May, 1861, or if the debt or cause of ac- tion was created after the 20th May, 1861, then on the date of its creation, the payment of the costs and of the sum to be made in the manner provided in the next preceding section for the payment of the costs and the on e-fourth therein spoken of, and shall have given to the other party ten days' notice of his intention to make such agreement ; then, and in that case, the court shall have jurisdiction to hear, try and determine the demand, and to ascertain according to its course and prac- tice, what sum should be received by the plaintiff or person aforesaid, under the agreement aforesaid, and shall enter judg- ment for costs and for such sum, and execution may issue and be levied, and shall be a lien, in like manner as is pro- vided for in the next preceding section. Sec. 4. No mortgagee or trustee, under a deed in trust, made to secure debts or demands such as the courts of this State are excluded from jurisdiction of by the first section of this ordinance, and such debts or demands only, whether the said mortgage or trust-deed does or does not contain a power of sale, shall either with or without the decree of a court, sell the property conveyed in such mortgage or trust-deed, with- out the consent of the grantor, unless, it shall appear that the creditor has offered to accept in clscharge of his debt, pay- ment thereof in manner, the following, viz : On the first day of January, 1869, the one-fifth of the principal and interest up to that day, and annually, on the same day for four years thereafter, the like sum, together with the interest which has accrued on the unpaid portion of the principal, since the last preceding payment, and the debtor shall have refused or fail- ed to make such payments, and if such debtor shall so fail or refuse, he shall lose the benefit of this ordinance. 300 CONVENTION JOURNAL. [Session Sec. 5. No lien existing at the time this ordinance goes in- to effect, shall be thereby impaired. All such liens unless already registered, shall be registered within three months from the time this ordinance shall go into effect, or if acquired subsequently thereto, in thirty days after being so acquired, in the office of the Register of the County in which the prop- erty on which the lien is claimed lies. Such registration shall describe the property on which the lien is claimed, the name of the person claiming it, the name of the person against whom it is claimed, and shall show how it is claimed, or refer to some record or registered deed under which it is claimed. Upon the sale of the property subject to such liens, the pro- ceeds shall be applied to satisfy them, according to their pro- per priorities. Sec. 6. The Act of the General Assembly of North Caro- lina, ratified on 12th March, 1866, (ch. 39,) establishing a scale of depreciation of confederate currency ; and also, the act construing the act aforesaid, ratified 24th January, 1867, (ch. 44,) are hereby re-enacted and continued in force, and shall be applied in all cases in which they are applicable, in proceedings under this ordinance. Sec 1. This ordinance shall be submitted to the people for ratification, at the same time and in the same manner, as the Constitution which shall be adopted by this Convention is ; and if ratified by a majority of the voters, it shall go into ef- fect upon the ratification of said Constitution, by a majority of the voters thereon. After considerable debate the previous question was called. The call was sustained. The yeas and nays were ordered. The ordinance was passed by the following vote, yeas 48, nays 42 : Those who voted in the affirmative, are : Messrs. Ashley, Aydlott, Baker, Blume, Bryan, Carter, Cherry, Chillson, Dowd, Duckworth, Durham, Etheridge, Fisher, Franklin, French of Chowan, Galloway, George, Graham of Montgomery, Grant of "Wayne, Grant of Nort- hampton, Gunter, Harris of Franklin, Hay, Holt, Jones of 1.86$.] CONVENTION" JOURNAL. 301 Caldwell, Laflin, Legg, Long, Merritt, McDonald of Moore, Moore, Morton, Murphy, Nance, Newsom, Eead, Rich, Rod- man, Sanderlin, Stilly, Stilwell, Taylor, Tonrgee, Turner, Watts, Williamsof Sampson, and Williamson— 48, Those who voted in the negative are : Messrs. Andrews, Barnes, Bradley Carey, Colgrove, Con- gleton, Cox, Ellis, Eppes, Forkner, French of Rockingham, Fnllings, Glover, Graham of Orange, Hare, Hayes of Hali- fax, Highsmith, Hobbs, Hodnett, Hollowell, Hood, Hyman, Ing, Jones of Washington, King of Lincoln, King of Lenoir, Kinney, Lee, May, Mayo, McCubbins, Mnllican, Nicholson, Parker, Petree, Peterson, Pool, Ray, Rhodes, Robbins, Rose, and Teague — 42. Mr. Tonrgee, gave notice that on Wednesday he would call for a reconsideration of the vote. On motion, the following preamble and resolution, intro- duced by Mr. Rich were taken up : Whereas, It is of the utmost consequence that this Con- vention, in view of the importance of this State, being repre- sented as a State in the coining Convention at Chicago, should as speedily as possible finish its work and submit the Constitution framed by it to the people for ratification or re- jection : . Be it JResolved, That the President shall appoint a commit- tee of two from each Congressional district, whose duty it shall be on and after Thursday the 5th day of March, to re- commend to this Convention, all bills, ordinances, and Con- stitutional articles, which should in the opinion of that com- mittee be acted upon by the Convention, and that no other bills, ordinances or Constitutional articles, shall be acted up- on but those recommended by the committee appointed in pursuance of this resolution. On motion the preamble was stricken out. Mr. Tourgee moved to amend by striking out so as to read "the Committee of sixteen, of which Mr. ITeaton is Chair- man," instead of " the President shall appoint a committee of two from each Congressional district." The amendment was adopted, 302 CONVENTION" JOUENAL. [Session On motion of Mr. Ileaton, Mr. Rich was added to that Committee. The resolution as amended was adopted. Mr. Forkner introduced a resolution limiting debate. Lies over under the rule. The report of the Committee on Punishment, Penal Insti- tutions, &c, was taken up and discussed. Pending which, On motion the House adjourned. WEDNESDAY, Makch 4th, 1868. The Convention was called to order at 11 o'clock, by the President. Prayer by the Rev. Mr. Logan. The roll was called and the following members answered to their names : Messrs. Abbott, Ashley, Aydlott, Bradley, Bryan, Carey, Carter, Candler, Cherry, Chillson, Congleton, Cox, Dickey, Dowd, Duckworth, Durham, Ellis, Eppes, Etheridge, Fisher, Eorkner, French of Bladen, French of Rockingham, French of Chowan,Galloway, Garland, George, Graham of Montgomery, Grant of Northampton, Gully, Gunter, Hare, Harris of Wake, Hay, Hayes of Robeson, Hayes of Halifax, Highsmith, Hobbs, Hodnett, Hoffler, Holt, Hood, Hyman, Ing, Jones of Caldwell, King of Lincoln, King of Lenoir, Kinney, Laflin, Lee, Legg, Lennon, Logan, Long, Mann, May, Mayo, Marshall, McCub- bins, Merritt, Moore, Morton, Mullican, Murphy, Nance, Newsom, Parker, Parks, Petree, Peterson, Pierson, Ray, Read, Rhodes, Rich, Robbins, Rodman, Rose, Sanderlin, Smith, Stilwell Taylor, Teague, Tourgee, Trogden, Turner, Watts, Welker, Williams of Sampson, Williams of Wake, and Williamson — 90. The Journal of Tuesday was read and approved. Mr. French, of Bladen, presented a petition of relief, of James Johnson, Referred to the Committee on Relief. 1868.] CONVENTION JOURNAL. 303 • The Committee on Contingent Expenses reported as fol- lows : The undersigned Committee appointed on Contingent Ex- penses beg leave to report that they have examined the ac^ count of W. W. Holden & Son, for printing and stationery, to February 4th, 1868, amounting to the sum of nine hundred and seventy-one dollars and fourteen cents, ($971,14,) and re- pectfully recommend that the same be paid. E. W. KING, JNO, READ, L. C. MORTON. J. W. HOOD. The report was received, and, On motion, adopted. The Committee on Privileges and Elections reported as follows : In behalf of the Committee on Privileges and Elections, I beg leave to make the following report, in the case of the con- tested seat of the delegate from Sampson County, Mr. Wil- liams : It is the opinion of your committee that the 1,037 votes cast for Hall were intended for Lorenzo D. Hall, and that Mr. Williams received only 873 votes, leaving a clear majority for Lorenzo D. Hall of 164 votes, entitling the said Hall to the seat now occupied by Mr. Williams in this Convention ; and Whereas this Convention is authorized and empowered by orders received from Head Quarters second Military district to settle the matter between the contestants ; therefore, Resolved, That the rules be suspended and the Convention take immediate action in this case. E. FULLINGS. For Committee. On motion, the report was received. Mr. Ing introduced a resolution concerning petitions for divorce. Lies over under the rules. •904 CONVENTION JOURNAL. [Session The hour of 10-| o'clock having arrived the Ordinance on Immigration having been made a special order for that hour, Was taken up and discussed, until 11 o'clock, when the fol- lowing majority report of the Committee on Finance being made a special order for that hour was taken up, and passed the first reading : REPORT OF THE STANDING- COMMITTEE ON FINANCE. Section 1, The General Assembly shall levy a capitation- tax on all male inhabitants of the State over twenty-one and under fifty years of age, which shall be equal on each head to the tax on property valued at three hundred dollars in cash. The county courts (or other body which may fee created lor ■managing the municipal and local affairs of counties) may ex- empt from capitation tax in special cases on account of pov- erty and infirmity; but the State and county capitation combined, shall never exceed two dollars on the head. Sec. 2. The proceeds of the State and . County capitation tax shall be applied to the purposes of Education and the sup- port of the poor. Sec. 3. Laws shall be passed, taxing by a uniform rule, all moneys, credits, investments in bonds, stocks, joint stock com- panies or otherwise ; and also, all real and personal property ■according to its true value in money, Sec. 4. Until the Bonds of the State shall be at par, the General Assembly shall have no power to contract any new debt or pecuniary obligation in behalf of the State, except to •supply a casual deficit, or for suppressing invasion or insur- rection, unless it shall in the same bill levy a special tax to pay the interest annually. Sec. 5. Property belonging to the State, or to municipal corporations, shall be exempt from taxation. The General Assembly may exempt cemeteries, and property held for edu- cational, scientific, literary, charitable, or religions purposes, and also, wearing apparel, arms for muster, household and kitchen furniture, the mechanical and agricultural implements 1868.] CONTENTION JOURNAL. 305 of mechanics and farmers, libraries and scientific instruments to a value not exceeding three hundred dollars. Sec. 6. The taxes levied by County Courts, (or other body having the power to tax for County purposes,) shall be levied in the like manner with the State taxes, and shall never ex- ceed the double of the State tax, except for a special purpose, and With the special approval of the General Assembly. Sec. 7. Every act of the General Assembly levying a tax, shall state the specific object to" which it is to be applied and at shall be applied to no other. JOSEPH C. ABBOTT, Chairman, D. HEATON, WILL. B. RODMAN, J. B. HARE, C. C. JONES, S. EORKNER, M. HOBBS, J. S. McCUBBINS, E. W. KING, R. J. LONG, WILSON CARET, JOHN READ, MINORITY REPORT, The undersigned, one of the Finance Committee, respect- fully submits the following : Section 1. The capitation or poll-tax shall be levied only by the General Assembly on males between the ages of twem ty-one and forty-five years. It shall be equal throughout the State, and shall not exceed the sum of one dollar for any one year; and all funds arising therefrom shall be appropriated exclusively to the support of free schools. Sec. 2. That it shall be the right of all persons, as heads of families or guardians for the benefit of minors, to own -20 306 CONVENTION JOURNAL. [Session lands and tenements, or other property, of the valuation of three hundred dollars, and all other tax-payers one hundred dollars each, on which there shall be no tax levied for any purpose whatever. Sec. 3. That all other property in this State shall be asses- sed and taxed in exact proportion to the valuation of such property : Provided, The General Assembly may exempt cemeteries and property held for educational, charitable and religious purposes. J. W. PETEESON. On the second readina;, Mr. Tour^ee moved to substitute section 1st of the minority report for section 1st of the major- ity report. The yeas and nays were called, yeas 27, nays 81. Those who voted in the affirmative, are. Messrs. Andrews, Barnes, Blume, Bryan, Candler, Colgrove. Congleton, Duckworth, Gahagan, Garland, Graham of Mont- gomery, Gunter, Harris of Franklin, Heaton, lug, Marshal], Morton, Newsom, Parker, Parks, Peterson, Pose, Smith, Stil- well, Tourgee and Welker — 27. Those who voted in the negative, are : Messrs. Abbott, Ashley, Aydlott, Baker, Bradley, Carey,. Carter, Cherry, Chillson, Cox, Daniel, Dickey, Dowd, Ellis, Eppes, Etheridge, Fisher, Forkner, French of Bladen, French of Chowan,, Galloway, Garrett, George, Glover, Graham of Orange, Grant of Wayne, Grant of Northampton, Hare, Har- ris of Wake, Hay, Hayes of Robeson, Hayes of Flalifax, High- smith, Hobbs, Hodnett, Hofner, Hollowell, Holt, Hood, Hy- man, Jones of Caldwell, King of Lincoln, King of Lenoir, Kinney, Laflin, Lee, Legg, Lennon, Logan, Long, Mann, May, Mayo, McCubbins, Merritt, McDonald of Moore, Moore, Mul- lican, Murphy, Nance, Nicholson, Petree, Pierson, Pool, Pay, Read, Rhodes, Rich, Robbins, Rodman, Sanderlin, Stilly. Sweet, Taylor, Teague, Tucker, Turner, Watts, Williams of Wake, Williams of Sampson, and Williamson — 81. The motion did not prevail. 1868.] CONTENTION JOURNAL. 307 Mr. French, of Chowan, moved to amend section 2d by ad- ding to the end of the section the following words : " But in no one year shall more than 25 per cent, thereof be appropriated to the latter purpose." Mr. Abbott, Chairman of the Committee, accepted the amendment. Mr. Candler moved to amend section 1st by striking out the word " two " in line ten, and insert " one and a half." The yeas and nays were demanded. The amendment was lost, yeas 35, nays, 73. Those who voted in the affirmative are : Messrs. Andrews, Barnes, Blume, Bryan, Carter, Candler, Chillson, Colgrove, Congleton, Duckworth, Franklin, French of Rockingham, Gahagan, Garland, George, Graham of Mont- gomery, Gunter, Harris of Wake, Hayes of Robeson, Heaton, Homer, Ing, May, Mayo, Marshall, McDonald of Moore, Mor- ton, Newsom, Parker, Parks, Peterson, Rose, Smith, Tourgee, and Welker— 35. Those who voted in the negative are : Messrs. Abbott, Ashley, Aydlott, Baker, Benbow, Brad- ley, Carey, Cherry, Cox, Daniel, Dickey, Dowd, Ellis, Eppes, Etheridge, Fisher, Forkner, French of Bladen, French of Chowan, Galloway, Garrett, Glover, Graham of Orange, Grant of Wayne, Grant of Northampton, Hare, Hay, Hayes of Halifax, Highsmith, Hobbs, Hodnett, Hollowell, Holt, Hood, Hyman, Jones of Caldwell, King of Lenoir, Kinney, Laflin, Lee, Legg, Lennon, Logan, Long, Mann, McCubbins, Merrit, Moore, Mullican, Murphy, Nance, Nicholson, Petree, Pierson, Pool, Ray, Read, Rhodes, Rich, Robbins, Rodman, Sanderlin, Stilly, Stillwell, Sweet, Taylor, Teague, Tucker, Turner, Watts, Williams of Wake, Williams of Sampson, and Williamson — 73. The section as read was adopted. Mr. Tourgee moved to amend section 2d by striking out all after the word " education " in second line. The motion was not sustained. The section was adopted. Mr. Rodman moved to amend section 3d bv adding i{ The 308 CONVENTION JOUPNAL. [Session General Assembly may also tax trades, proiessions, franchises and incomes." The amendment was sustained. The section as amended was adopted. Mr Tonrgee offered the following as a new section to follow section 3d, to be known as section 4th. " The General Assembly shall by appropriate legislation and by adequate taxation provide for the prompt and regular payment of the interest on the public debt, and after the year 1S80, it shall lay a specific annual tax upon the real and per- sonal property of the State, and the same thus realized shall be set apart as a sinking fund to be devoted to the payment of the public debt." Mr. Hobbs moved to strike out " shall" and insert "may." The motion was not sustained. The new section as read was adopted as section 4th. Sections 4th, 5th, 6th and 7th of the report were adopted. The entire report as amended was adopted as a whole, yeas 83, nays 15. Those who voted in the affirmative are : Messrs. Abbott, Andrews, Ashley, Aydlott, Barnes, Blume, Bradley, Bryan, Carey, Carter, Candler, Cherry, Chilson, Col- grove, Congleton, Cox, Daniel, Dickey, Duckworth, Eppes, Fisher, Forkner, Franklin, French of Bladen, French, of Poekingham, French of Chowan, Fullings, Gahagan, Gallo- way, Garland, George, Grant of Northampton, Gunter, Harris of Franklin, Hay, Hayes of Robeson, Hayes of Halifax, Heaton, Hobbs, Hoffler, Hollowell, Hood, Hyman,Ing, Jones of Caldwell, Jones of Washington, King of Lincoln, Kinney, Laflin, Legg, Logan, Long, Mann, May, Mayo, McCubbins, McDonald of Moore, Mulliean, Murphy, Nance, Nicholson, Parker, Parks, Petree, Pierson, Pool, Pay, Eead, Phocles ? Pich, Pobbins, Podman, Pose, Smith, Stilwell, Sweet, Taylor, Teague, Tourgee, Tucker, "Watts, Williams of Wake, and Williamson— 83. Those who voted in the negative are : Messrs. Durham, Ellis, Etheridge, Graham of Orange^ Hare, Hodnett, King of Lenoir, Lennon, Merritt, Moore, Pe 1868.] CONTENTION JOURNAL. 309 terson, Sanderlin, Turner, "Welker, and "Williams of Samp- son — 15. Mr. Rich introduced an ordinance to amend the Charter of the Chatham Rail Road Company. Lies over under the rule. Leave of absence was granted Mr. Jones of "Washington, for five days. The House, on motion, adjourned. EVENING SESSION, March 4th, 1868. The Convention was called to order at 1\ o'clock, by the President. The Roll was called and the following members answered to their names : Messrs. Andrews, Ashley, Barnes, Blume, Bradley, Bryan, Carter, Candler, Cherry, Chillson, Colgrove, Congleton, Cox, Daniel, Dickey, Duckworth, Fisher, Franklin, French of Bla- den, French of Chowan, Gahagan, Galloway, George, Gra- ham of Montgomery, Grant of "Wayne, Grant of Northamp- ton, Gunter, Hare, Hay, Hayes of Robeson, Hayes of Hali- fax, Hobbs, Hoclnett, Hofner, Holt, Hood, Hyman, Ing, Jones of Caldwell, King of Lincoln, Kinney, Laflin, Legg, Lennon, Logan, Long, Mann, Mayo, McCnbbins, McDonald of Moore, Morton, Mullican, Murphy, Nance, Newsom, Nicholson, Par. ker, Parks, Petree, Peterson, Pierson, Ragiand Ray, Rhodes, Rich, Rose, Sanderlin, Smith, Stillwell, Sweet, Teague, Tour- gee, Turner, "Welker, and "Williamson— 75. The ordinance on Immigration was taken up. The substitute of Mr. Candler was lost by the following vote, yeas 21, nays 62 : Those who voted in the affirmative are : Messrs. Bradley, Candler, Durham, George, Graham of Orange, Gunter, Hollo well, Holt, Jones of Caldwell, Legg, Merritt, McDonald of Chatham, McDonald of Moore, Nich- olson, Parker, Ray, Rhodes, Rose, Sanderlin, Smith, and Turner— 21. 810 CONVENTION JOURNAL. [Session Those who voted in the negative, are : Messrs. Abbott, Andrews, Ashley, Aydlott, Barnes, Blnme, Bryan, Carey, Carter, Chillson, Colgrove, Congleton, Daniel, Eppes, Forkner, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Galloway, Graham of Montgomery, Grant of Northampton, Hare, Flay, Hayes of Robeson, Hayes of Halitax, Heaton, Highsmith, Hobbs, Hodnett, Homer, Flood, Hyman, Ing, King of Lincoln, King of Lenoir, Kinney, Lafiin, Lee, Logan, Long, Mann Mayo, McCubbins, Moore, Morton, Mullican, Mnrphy, Nance, Newsom, Parks, Peterson, Pierson, Ragland, Rich, Robbins, Stilwell, Sweet, Tonrgee Welker, and Williamson — 62. The ordinance was put to the house and lost, yeas 31, and nays 67. Those who voted in the affirmative are : Messrs. Abbott, Andrews, Ashley, Barnes, Blume, Bryan, Carter, Colgrove, Forkner, Franklin, French of Bladen, French of Rockingham, Fullings, Gahagan, Graham of Montgomery, Grant of Wayne, Flayes of Robeson, Heaton, Hood, Lafiin, Logan, Mann, Marshall, Morton, Murphy, Nance, Ragland, Rich, Sweet, Tourgee, and Welker — 31. Those who voted in the negative are : Messrs. Aydlott, Bradley, Carey, Candler, Cherry, Chillson, Congleton, Daniel, Dickey, Duckworth, Durham, Ellis, Eppes, Etheridge, French of Chowan, George, Graham of Orange, Grant of Northampton, Gunter, Flare, Hay, Hayes of Llalifax, Highsmith, Hobbs, Hodnett, Homer, Hollowell, ILolt, Hyman, Ing, Jones of Caldwell, Jones of Washington, King ol Lincoln, King of Lenoir, Kinney, Lee, Lennon, Long, Mayo, McCubbins, Merritt, McDonald of Chatham, McDon- ald of Moore, Moore, Mullican, Nicholson, Parker, Parks, Petree, Peterson, Pierson, Pool, Ray, Rhodes, Robbins, Rose, Sanderlin, Smith, Stilly, Stilwell, Taylor, Teague, Tucker, Turner, Watts, Williams of Sampson, and Williamson — 67. On motion of Mr. Tourgee, the vote on the relief ordinance introduced by Mr. Rodman, and passed by the Convention was reconsidered by the following vote, yeas 73, nays 20. Those who voted in the affirmative are : 1868.] CONTENTION JOURNAL. 311 Messrs. Andrews, Ashley, Baker, Barnes, Bradley, Bryan, Oarey, Candler, Colgrove, Congleton, Cox, Daniel, Dickey, Dowd, Duckworth, Durham, Ellis, Eppes, Etheridge, Fork- ner, Franklin, French of Bladen, French of Rockingham, Fullings, Gahagan, George, Glover, Graham of Orange, Grant of Wayne, Grant of Northampton, Hare, Hams of Wake, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hol- lowell, Holt Hood, Hyman, Ing, Jones of Caldwell, Jones of Washington, King of Lincoln, King of Lenoir, Kinney, Legg, Logan, Mayo, Marshall, McCubbins, Murphy, Nance, Nicholson, Parker, Parks, Petree, Peterson, Pierson, Pool, Ray, Read, Renfrow, Rhodes, Rose, Smith, Stilly, Teague, Tourgee, Tucker, Welker, Williams of Sampson, and Wil- liamson — 73. Those who voted in the negative are : Messrs. Aydlott, Galloway, Graham of Montgomery, Gun- ter, Hay, Long, Merritt, McDonald of Chatham, McDonald of Moore, Moore, Morton, Newsom, Patrick, Ragland, Rich, Sanderlin, Stilwell, Swe'et, Taylor, and Turner — 20. On motion of Mr. Pool, the ordinance was made a special order for Monday next, at 10|- o'clock, A. M. Leave of absence was granted Mr. Gully for one day. Mr. Tourgee presented a petition for divorce in favor of Lavina Lee. Referred to the Committee on the Judicial Department. The following resolution introduced by Mr. Colgrove, was taken up : Itesolved, That no member shall be allowed to speak more than ten minutes on any one subject except the Chairman of committees who may be allowed to speak twice on their report, and we request the Chair to enforce this rule. Mr. King of Lenoir, moved to strike out the provision in favor of Chairman of Committees. The motion was not sustained. Mr. Tourgee moved to amend by adding after the word u subject" " unless by consent of the Llouse." Mr. Colgrove accepted the amendment. Mr. King, of Lenoir, moved to adjourn. 312 CONTENTION JOURNAL. [Session: Put to the House and lost. Mr. Colgrove called the previous question on his resolu- tion. The resolution as amended was put to the house and lost. On motion the House adjourned. THURSDAY, March 5th, 1868, The Convention was called to order at 10 o'clock, by the President. The Roll was called, and ninety-one delegates present, vizr Messrs. Abbott, Andrews, Ashley, Aydlott, Barnes, Blume,. Bradley, Carey, Carter, Candler, Cherry, Colgrove, Congleton,, Cox, Daniel, Duckworth, Durham, Eppes, Fisher, Forkner, Franklin, French of Bladen, French of Rockingham, French of Chowan, Galloway, Garland, Garrett, George, Graham oi Montgomery, Grant of Wayne, Grant of Northampton, Gun- ter, Hare, Harris of Franklin, Hay, Hayes of Halifax, High- smith, Hobbs, Hodnett, Hoffler, Hood, Hyman, Ing, King of Lincoln, King of Lenoir, Kinney, Laflin, Lee, Legg, Lennon r . Logan, Long, Mayo, Marshall, McCubbins, Merritt, McDonald of Chatham, McDonald of Moore, Moore, Morton, Mullican^ Murphy, Nance, Newsom, Nicholson, Parker, Parks, Petree,. Peterson, Ragland, Ray, Read, Renfrow, Rhodes, Robbins,,, Rodman, Rose, Sanderlin, Smith, Stilwell, Taylor, Teague, Tourgee, Trogden, Tucker, Turner^ Watts, Welker, Williams of Sampson, Williams of Wake and Williamson — 91. Prayer by the Rev. Mr. Eppes. The Journal of Wednesday was read and approved. Mr. French, of Bladen, gave notice that he would introduce a new section to the Suffrage Bill. The Committee on Contingent Expences report that they have examined the account of Solomon Bragg, amounting to six dollars, and recommend the payment of the same. R. W. KING, J. W. HOOD, L. C. MORTON. 1868.] CONTENTION JOURNAL. 313 The report was adopted. Mr. Chillson presented an ordinance to establish a Home- stead. Referred to the Committee of Sixteen. The Committee appointed to consider the propriety of peti- tioning Congress in regard to reducing the Tax on Tobacco,. &c, reported as follows: The Committee appointed to consider the propriety of peti- tioning Congress in regard to the Internal Revenue Tax ort Tobacco and Brandy, beg leave to submit the accompanying preamble and resolutions, and respectfully ask the immediate action of the Convention thereon. R. F. PETEEE, J. S. McCUBBINS, JOHN READ. Whereas, The present tax on manufactured tobacco is onerous and burdensome in the extreme, impairing the pros- perity and crippling the business of a large portion of this- State ; and whereas, The said tax is peculiarly burdensome upon the laborers of that portion of the State, depressing the rate of wages, and decreasing the number of laborers em- ployed ; therefore, Be it resolved, That this Convention do respectfully request and petition the Congress of the United States in considera- tion of the tax aforesaid, upon the industry of the State to re- duce the tax upon all manufactured tobacco to ten cents per pound, and that of spirits distilled from fruit to fifty cents- per gallon, believing, thereby, that the government would realize a larger amount of revenue, Resolved, That the President of this Convention be directed to forward a copy of these resolutions to the President oi the- United States, Senate, and the Speaker of the House of Re- presentatives. The report was accepted. On motion, the report of the Committee on Privileges and Elections, accepted Wednesday, was taken up and discussed. The previous question was called.. 314 CONVENTION JOUKNAL. [Session The report was adopted, yeas 43, nays 35. Those who voted in the affirmative are : Messrs. Abbott, Ashley, Bryan, Carter, Candler, Chill son, Colgrove, Congleton, Dickey, Duckworth, Fisher, Forkner, Franklin, Fullings, Gahagan, Garland, Garrett, Glover, Gra- ham of Montgomery, Gunter, Harris of Wake, Harris of Franklin, Hayes of Robeson, Flighsmith, Flobbs, Hood, Ing, Lee, Logan, Mann, May, Marshall, Morton, Newsom, Pierson, Rhodes, Rose, Smith, Stilwell, Sweet, Teague, Tourgee and Tucker— 43. Those who voted in the negative are : Messrs. Baker, Bradley, Daniel, Durham, Ellis, Eppes, Etheridge, French of Bladen, Graham of Orange, Grant of Wayne, Hare, Hodnett, Hollo well, Holt, Hyman, Jones of Washington, King of Lenoir, Kinney, Laffin, Legg, Lennon, Long, Merritt, McDonald of Chatham, -Moore, Murphy, Nicholson, Patrick, Parks, Ray, Read, Renfrow, Sanderlin, Stilly and Welker— 35. On motion of Mr. Tourgee, Mr. Williams, of Sampson, was allowed his per diem to this day inclusive, together with his mileage. The hour of the Special Order having arrived, the follow- ing report was taken up and passed its first reading : REPORT OF THE COMMITTEE ON COUNTIES, CITIES, TOWNS AND TILLAGES, THEIR OFFI- CERS, ORGANIZATION, GOVERNMENT AND POWERS. Section 1. No County seat shall be changed, nor any new County organized, nor the boundaries of any County changed, but by the consent of a majority of the electors of the County, nor so as to include less than one hundred and twentieth part of the population of the State, at the last preceeeding enumer- ation. Sec. 2. In each County there shall be elected biennially by the qualified voters thereof, as provided for the election ol members of the General Assembly, the following municipal 1868.] CONVENTION JOURNAL. 315 officers : a Sheriff, one or more Coroners, Treasurer, Register of Deeds, Surveyor and five Commissioners. Sec. 3. It shall be the duty of the Commissioners to exer- cise a general supervision and control of the penal and chari- table institutions, schools, roads, bridges, levying of taxes and finances of the County, as may be prescribed by law. The Register of Deeds shall be ex officio Clerk of the Board of Commissioners Sec. 4. It shall be the duty of the Commissioners first elected in each County, to divide the same into convenient districts, to determine the boundaries and prescribe the names of the said districts, and report the same to the General Assembly before the first day of January, A. D. 1869. Sec 5. Upon the approval of the reports provided for in the foregoing section, the said districts shall have and shall there- after possess corporate powers for the necessary purposes of local government, and shall be known as townships. Sec 6. In each township there shall be annually elected, by the qualified voters thereof, a Clerk and two Justices of the Peace, who shall constitute a Board of Trustees, and shall, under the supervision of the County Commissioners, have control of the schools, roads, and finances of the township as may be prescribed by law. Sec 7. The township Clerk shall assess the taxable property of his township, and make return to the County Commission- ers as may be prescribed by law. Sec 8. No County, city, town, or other political corporation shall contract any debt, pledge its faith or loan its credit, nor shall any tax be levied or collected by any officers of the same, except for the necessary expenses thereof, unless by a vote of a majority of the qualified voters therein. Sec 9. All taxes levied by any County, city, town, or township, shall be uniform and ad valorem upon all property in the same. Sec 10. Commissioners of incorporated cities and towns may be authorized to act as Boards of Education for the same. Sec 11. The officers first elected under the provisions of 316 CONTENTION JOURNAL. [Session this Article shall enter upon their duties ten days after the approval of this Constitution by the Congress of the United States. Sec. 12. The Governor shall appoint a sufficient number of Justices of the Peace in each County, who shall hold their places until sections 4, 5, and 6 of this Article shall have been carried into effect. Sec. 13. All charters, ordinances and provisions relating to political corporations shall remain in force until legally changed, unless inconsistent with the provisions of this Con- stitution. A. W. TOURGEE, Chairman. ED. FULLINGS, ABRAHAM CONGLETON, HENRY M. RAY, JESSE HOLLOWELL, A. H. GALLOWAY, JACOB ING, J. P. ANDREWS, J. S. McCUBBINS, M. J. AYDLOTT, S. D. FRANKLIN, B. LAFLIN. The undersigned members of the Committee respectfully report the following additional section. Sec 14. No County, city, town or other political corpora- tion, shall assume or pay, nor shall any tax be levied or col- lected for the payment of any debt, or the interest upon any debt contracted directly or indirectly in aid or support of the rebellion. A. W. TOURGEE, HENRY M. RAY, ABRAHAM CONGLETON, A. H. GALLOWAY, JACOB ING, S. D. FRANKLIN, J. P. ANDREWS, B. LAFLIN. 1868.] CONVENTION JOURNAL. 317 On second reading, section 1st was adopted. Mr. Graham, of Orange, moved to amend section 2d by striking out " and five Commissioners," on fifth line. Mr. French, of Bladen, moved to amend by striking ©nt "five," and inserting " three." The amendments of Messrs. French, of Bladen, and Gra- ham, of Orange, were put the House and lost. Sections 2d, 3d and 4th were adopted. Mr. Tourgee amended section 5th by inserting the words, " by the General Assembly," after the word " section." The section, as amended, was adopted. Section 6th was amended by Mr. Tourgee, by striking out " schools," and inserting " taxes ;" also, by inserting " bridges," after " roads ;" also, by adding to the section " also a school committee of three persons, whose duties shall be prescribed by law." Mr. Colgrove amended by striking out " annually," and inserting "biennially." The section, as amended, was adopted. The Chairman of the Committee amended section 7th, by adding to the section, " the Clerk shall also be ex officio Treas- urer of the township." Mr. French, of Bladen, moved to amend by inserting " Board of Trustees," for " Clerk," and changing the word " his," to " their," Which was adopted. After " Commissioners," on motion of Mr. Nicholson, " for revision," was inserted. Section 7th, as amended, was adopted. Section 8th was verbally amended and adopted. Mr. Heaton offered the following as a new section, to fol- low section 8th : " No money shall be drawn from any County or Township Treasury, except by authority of law." Adopted. Section 9th was adopted. Section 10th was, on motion, stricken out, 318 CONTENTION JOURNAL. [Session Section. I lth was amended by Mr. Tourgee, by inserting the word " County," between " the and officers," on line first. The section, as amended, was adopted. Section 12th was adopted. Section 13th was read, when Mr. King, of Lenoir, moved the following substitute : " The General Assembly shall have the power to change, alter, or abolish any portion, or all of the foregoing report, and to transfer all subjects therein contained, to the Justices of the Peace of each County in the State." The yeas and nays were demanded, which resulted as fol- lows, yeas 12, nays 81 : Those who voted in the affirmative are : Messrs. Bradley, Durham, Ellis, Etheridge, Graham of Orange, Hare, ITobbs, Hodnett, Hoffler, Jones of Caldwell, King of Lenoir and Merritt — 12. Those who voted in the negative are : Messrs. Abbott, Andrews, Ashley, Aydlott, Blume, Bryan, Carey, Carter, Candler, Cherry, Chillson, Colgrove, Congle- ton, Cox, Dickey, Duckworth, Eppes, Fisher, Forkner, Frank- lin, French of Bladen, French of Rockingham, French of Chowan, Gahagan, Garland, Garrett, George, Glover, Graham of Montgomery, Grant of Wayne, Grant of Northampton, Gunter, Harris of Franklin, Hay, Hayes of Halifax, Heaton, Highsmith, Hollo well, Flood, Hyman, Ing, Kinney, Legg, Logan, Long, May, Mayo, Marshall, McDonald of Chatham, Morton, Mullican, Murphy, Nance, Newsom, Nicholson, Parker, Parks, Petree, Peterson, Pool, Ragland, Pay, Ren- frew, Rhodes, Robbins, Rodman, Rose, Smith, Stilly, Stilwell, Sweet, Taylor, Teague, Tourgee, Trogden, Tucker, Turner, Watts, Welker, Williams of Wake, and Williamson — 81. The substitute was lost. Section 13th was then adopted. Section 14th was taken up. The Chairman of the Committee amended by striking out "political," and inserting "municipal." Mr. Parker moved to strike out " or indirectly," on line fourth. 1868.] CONVENTION JOURNAL. 319 On this amendment the yeas and nays were called, yeas 15, nays 75. Those who voted in the affirmative, are : Messrs. Baker, Bradley, Dowd, Durham, Fullings, George, Graham of Orange, Hare, Hollowell, Legg, Lennon, McCub- bins, Nicholson, Rodman and Sanderlin — 15. Those who voted in the negative, are : Messrs. Andrews, Ashley, Aydlott, Barnes, Blume, Bryan y Carey, Carter, Candler, Chillson, Colgrove, Congleton, Cox, Daniel, Dickey, Duckworth, Etheridge, Fisher, Forkner, Franklin, French of Bladen, French of Rockingham, French of Chowan, Galloway, Garland, Glover, Graham of Mont gomery, Grant of Wayne, Gunter, Harris of Franklin, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hodnett, Hoffler, Ing, King of Lenoir, Kinney, Logan, May, Mayo, Marshall, McDon- ald of Chatham, McDonald of Moore, Morton, Mullican, Murphy, Nance, Patrick, Parker, Parks, Petree, Peterson^ Pool, Ragland, Ray, Renfrow, Rhodes, Robbins, Rose, Smith, Stilly, Stilwell, Sweet, Taylor, Teague, Tourgee, Trogden, Tucker, Turner, Watts, Welker, Williams of Wake and Wil- liamson — 75. The amendment was not agreed to. Section 14th, as amended, was adopted by the following vote, yeas 85, nays 5 : Those who voted in the affirmative are : Messrs. Abbott, Ashley, Aydlott, Barnes, Blume, Bryan, Carey, Carter, Candler, Cherry, Chillson, Colgrove, Congle- ton, Cox, Daniel, Dickey, Duckworth, Eppes, Etheridge, Fisher, Forkner, Franklin, French of Bladen, French of Rockingham, Fullings, Gahagan, Galloway, Garland, George, Glover, Graham of Montgomery, Grant of Wayne, Grant of Northampton, Gunter, Harris of Franklin, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hodnett, Hoffler, Hollowell, Hood, Hyman, Ing, King of Lenoir, Kinney, Logan, Long, May, Mayo, Marshall, McDonald of Chatham, Morton, Mul- lican, Murphy, Nance, Patrick, Parker, Parks, Petree, Peter- son, Pool, Ragland, Ray, Renfrow, Rhodes, Robbins, Rodman, Rose, Smith, Stilly, Stilwell, Sweet, Taylor, Teague, Tour- ,880 •CONTENTION JOURNAL. [Session gee, Trogden, Tucker, Turner, Watte, Welker, Williams of Wake and Williamson— 85. Those who voted in the negative are ; Messrs. Baker, Dowd, Durham, Graham of Orange and McCuhbins— -5- k The entire report, as amended, passed the second reading by the following vote, yeas 83, nays 10 : Those who voted in the affirmative, are : Messrs. Abbott, Andrews, Ashley, Aydlott, Barnes, Blume, Bryan, Carey, Carter, Candler, Chillson, Colgrove, Congleton, Cox, Daniel, Dickey, Duckworth, Eppes, Fisher, Forkner, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fallings, Gahagan, Galloway, Garland, George, Glover, Graham of Montgomery, Grant of Wayne, Grant of Northampton, Gunter, Hay, Hayes of Robeson, Heaton 5 Highsmith, Hobbs, Hoffler, Hollowell, Hyman, Ing, Jones of Caldwell, Kinney, Logan, Long, May-, Mayo-, Mashall, Mc- Donald of Chatham, McDonald of Moore, Morton, Mullican, Murphy, Nance, Patrick, Parker, Parks, Petree, Peterson, Pool, Ragland, Ray, Renfrow, Rhodes, Robbins, Rodman, Rose, Smith, Stilly, Stilwell, Sweet, Taylor, Teague, Tourgee, Trogden, Tucker, Turner, Watts, Welker, Williams of Wake and Williamson — 83. Those who voted in the negative, are ; Messrs. Baker, Bradley, Dowel, Durham, Ellis, Etheridge 5 Graham of Orange, Hare, Merritt and Sanderlin— 10, On motion of Mr. Welker the report of the Committee on penal institutions &c, was made a special order for Saturday at 7|- o'clock. The report of the Committee on Contingent expenses on account of Soloman Bragg was, On motion, adopted. On motion of Mr. Tourgee, it was ordered that the report of the Committee on Counties, Cities, Towns., &c, be placed on its third and final reading and passage, Saturday at 10^- o'clock, A. M. On motion of Mr. Abbott, the report of the Committee on Finance was made a special order to follow the above report* I868.3 CONTENTION JOURNAL. 321 On motion of Mr. Rodman, the report of the Judicial Com- mittee was made a special order for Friday at 7^ o'clock. Mr, McDonald of Chatham, called up his ordinance in re' lation to the Sheriff of Orange County, which, On motion, was adopted. The following is the ordinance as adopted, with the report of the Committee to whom it was referred : The Committee to whom was referred the ordinance for the relief of the Sheriff of Orange County have had the same under consideration, and as a substitute therefor instruct me to submit the following ordinance and ask that it be adopted. JOHN A. McDONALD, Chairman. AN ORDINANCE FOR THE RELIEF OF THE SHERIFF OF ORANGE COUNTY. Whereas, The Sheriff of Orange County was delinquent in paying a portion of the taxes for 1866, and judgment was obtained against him by the State for said balance, one thou- sand dollars penalty, and no commissions for collecting were allowed him, which commissions, if allowed, would have amounted to two hundred and sixty-seven dollars and ninety- eight cents; and whereas, all the taxes due the State for that year have since been paid, including said penalty and com- missions, and owing to the extraordinary poverty of the peo- ple and difficulty of collections, in the opinion of this Conven- tion relief should be granted said Sheriff : Section 1. Be it ordained by the people of North- Carolina, in Convention assembled, and it is hereby ordained by the au- thority of the same, That the said Hugh B. Guthrie, Sheriff •of Orange County, be allowed the sum of one thousand, two hundred and sixty-seven dollars and ninety-eight cents, ($1,267,98,) to be credited upon any taxes still owing by said Sheriff, in the order of the dates wherein the same were due. Mr. Fullings introduced an ordinance to incorporate the *' Charlotte City Hall Association." Referred to the Committee of seventeen, -51 322 CONTENTION JOTJKNAL. [Session Mr. Harris, of Wake called up his resolution in relation to the pay of members, which, .On motion, was adopted Mr. Rodman introduced an ordinance extending the time for the registration of deeds. Lies over under the rules. The House, on motion, adjourned. EVENING SESSION, March 5tii, 1868. The Convention was called to order at T\ o'clock, by the President. A quorum present. Mr. Ashley introduced a resolution providing for the elec- tion of a printer to the Convention. Lies over under the rules. The report of Committee on Homesteads being the special order for the same, was taken up on its second reading. Sections 2d, 3d, 4th and 5th were read and adopted. Mr. Jones, of Caldwell, moved an amendment to section 6th, " that the husband may insure his life for the benefit of hi3 wife and children free of all claims," &c. The amendment was agreed to and the section as amended was adopted. Mr. Hood offered an additional section providing for the sale or disposal of a homestead. Adopted. Mr. Jones, of Caldwell, gave notice of a reconsideration of the vote by which section 2d was adopted. The report as amended, passed its second reading by the following vote, yeas 76, nays 18. Those who voted in the affirmative are : Messrs. Abbott, Andrews, Ashley, Aydlott, Baker, Blume, Bryan, Carey, Carter, Cherry, Chillson, Colgrove, Congleton, Daniel, Dowd, Etheridge, Fisher, Franklin, French of Bladen, French of Chowan, Fullings, Galloway, George, Graham of Montgomery, Graham of Orange, Grant of Wayne, Grant of 1868.] CONTENTION JOURNAL. 323 Northampton, Gully, Gimter, Harris of Wake, Harris of Franklin, Hay, Highsmith, Plobbs, Hoffler, Hollowell, Holt, Hood, Hyman, Jones of Caldwell, Kinney, Lee, Long, Mayo, Marshall McCubbins, Merritt, McDonald of Chatham, Mc- Donald of Moore, Moore, Morton, Murphy, Nance, Newsom, Nicholson, Patrick, Parks, Petree, Peterson, Pool, Ragland, Read, Renfrow, Rich, Robbins, Smith, Stilly, Stilwell, Sweet, Taylor, Tourgee, Tucker, Turner, Watts, Welker, and Wil- liamson — 76. Those who voted in the negative are i Messrs. Benbow, Bradley Candler, Cox, Duckworth, Ellis, Forkner, Gahagan, Glover, Hayes of Halifax, King of Lin- coln, Lennon, Logan, Parker, Ray, Rhodes, Rose, and Teague— 18. On motion the report was ordered to be engrossed and made a special order for a third and final reading and passage for Friday at % o'clock, P. M. The following resolution of Mr. Forkner, limiting debate was taken up for action : Resolved, That no delegate shall speak more than once on a question nor longer than fifteen minutes except it be by consent of Convention. Mr. Hood moved to strike out " fifteen " and insert " ten." Adopted. The resolution as amended was adopted. Mr. Ashley called up the report of the Committee on Prin- ting, Pending which, the House On motion, adjourned. FRIDAY, Maech 6th, 1868. The Convention was called to order at 10 o'clock, by the President. Prayer by the Rev. Mr. Warwick. The Roll was called, a quorum present. The Journal of Thursday was read and approved. 324 CONVENTION JOURNAL. [Session Leave of absence was granted Messrs. Tourgee and Gallo- way until Monday next. Messrs. Ray and Holt presented petitions of divorce. Mr. Turner a resolution instructing the Committee on In- ternal Improvements. The following report, from the Committee on the Judicial Department, was received : " The Committee on the Judicial Department, to whom was referred a petition from sundry citizens of Wilmington respecting property purchased by slaves, respectfully report an ordinance in conformity with the views of the petitioners : " Be it ordained by the people of Worth-Carolina in Con- vention assembled, That whenever it shall judicially appear that any person, while held as a slave, purchased and paid for any property, real or personal, and that a conveyance thereof was made to him or to any one for his use, such purchaser, or those lawfully representing him, shall be entitled to such pro- perty ; anything in the former laws of this State forbidding slaves to acquire property to the contrary notwithstanding. All of which is respectfully submitted, ¥M. B. RODMAN, Chairman:' On the adoption of this report the yeas and nays were called. The report was adopted by the following vote — yeas 101. nays 4. 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, Daniel, Dickey, Duck- worth, Ellis, Eppes, Etlieridge, Fisher, Forkner, Franklin, French of Bladen, French of Rockingham, French oi Chowan. Fnllings, Gahagan, Galloway, Garland, Garrett, George. Glover, Graham of Montgomery, Gully, Gunter, Hare, Har- ris of Wake, Harris of Franklin, Hay, Hayes of Robe- son, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hod- nett, Hoffler, Hollowell, Hood, Hyman, Ing, Jones of Cald- well, King of Lincoln, King of Lenoir, Kinney, Laflin, Lee. 1868.] CONVENTION JOURNAL. 325 Logan, May, Mayo, Marshall, McCubbins, McDonald of Chatham, McDonald of Moore, Moore, Morton, Mullican Murphy, Nance, Nicholson, Patrick, Parker, Parks, Petree Peterson, Pierson, Pool, Ragland, R a y, Read, Renfrew Rhodes, Rich, Robbins, Rodman, Rose, Stilly, Stilwell, Sweet Taylor, Teague, Tourgee, Trogclen, Tucker, Watts, Welker "Williams of Wake and Williamson — 101. Those who voted in the negative are : Messrs. Durham, Graham of Orange, Holt and Turner — 4. The Judicial Committee also reported as follows : The Committee on the Judicial Department respectfully report the annexed ordinance, and recommend its passage : AN ORDINANCE CONCERNING WIDOWS WHO HAVE QUALIFIED AS EXECUTRIX TO THE LAST WILL AND TESTAMENT OF THEIR DECEASED HUSBANDS. Section 1. Be it ordained by the delegates of the people of North-Carolina in Convention assembled, and it is hereby or- dained by the authority of the same, That the widow of any testator whose last will and testament has been admitted to probate in this State since the 1st day of January, 1862, and before the 1st day of May, 1865, notwithstanding such widow may have qualified to such last will and testament as execu- trix, be and she is hereby allowed to enter her dissent to the same according to the same forms as are now provided by law for dissent of widows. Sec. 2. Be it further ordained, That in all cases, where a widow shall dissent from the last will and testament of her husband, as provided for in the foregoing section, she shall be entitled to the same rights of dower as if her husband had died intestate : Provided, however, That no widow shall be en- titled to the benefit of this ordinance unless such dissent shall be entered within six months from and after the passage of this ordinance, nor in any case where the real estate of the deceased husband has been sold subsequent to his death, or has been divided between his devisees or heirs at law. 326 CONVENTION JOURNAL. [Session Sec. 3. Be it further ordained, That this ordinance shall be in force from and after its adoption. The report was received, and the ordinance was, On motion, adopted. The Committee on Internal Improvements, to whom was referred the ordinance in relation to the Dan River and Coal- held Railroad Company, reported that they have had the same under consideration, and recommend its passage. The report was received and adopted. The ordinance is as follows : AN ORDINANCE TO INCORPORATE THE DAN RIVER COAL FIELD RAIL ROAD COMPANY. Section 1. Be it orclainedly the people of North- Carolina in Convention assembled, and it is hereby ordained by the au- thority of the same, That a Company by the name and style of the " Dan River Coalfield Rail Road Conrpany " be and the same is hereby incorporated, with a capital stock of twelve hundred and fifty thousand dollars, divided into shares of one hundred dollars each, for the purpose of constructing a Rail Road from some point on the Virginia line, near the town of Danville, in Virginia, to the Coalfields of Dan River. Sec. 2. Be it further ordained, That for the purpose of increasing the capital stock of said Company heretofore sub- scribed, and renewing and sealing all former subscriptions to said Company, the following persons be and are hereby appointed general Commissioners, viz : John W. Broadnax, President, George L. Akin, Jones Burton, Wm. Carter, J. Turner Morehead, Gen. Alfred M. Scales, Marshall Black, Wm. A. Lash, Benj. Baley, Andrew II. Joyce, Reubin D. Golding, Joseph Willis, Robert Matthews, Wm. W. McCan- lass and James Davis, whose duty it shall be to direct the opening of books for subscription of stock at such times and places and under such persons as they, or a majority of them, may deem proper; and said general Commissioners may have power to appoint a Chairman of their body, Treasurer, and all other officers their organization may recpuire, and to sue 1-868.] CONVENTION" JOURNAL. 327 for and recover all lands and sums of money that ought, under this act, be recovered by them. Sec. 3. Be it further ordained, That all persons who may be hereafter by the general commissioners authorized to open books of subscription, may do so at any time after the ratifi- cation of tliis act, upon giving twenty days notice of the time and place when said books will be opened, and sai-d books shall be kept open for the space of thirty days at least, and as long thereafter -as the general commissioners shall direct; and that all subscriptions of stock shall be in shares of one hundred dollars in money or its value in land, the subscriber paying at the time of making his subscription five dollars or each share by him subscribed to the person or persons authorized to reeeive such subscriptions ; and in case of failure to pay said sum all such subscriptions shall be void and of no effect; and upon closing the books all such sums as shall have been thus received of subscribers on the first cash or land instalment, shall be paid over to the general commissioners by the persons receiving the same; and in case of failure to pay as aforesaid such person or persons receiving said money or lands shall be personally liable to said general commissioners, before the organization of said Company, and to the Company itself after the organization, to be recovered in the Superior Courts of Law within this State in the County where such delinquent resides, or if he resides in another State, then in any court in such State having competent jurisdiction. The general commissioners shall have power to call on all persons empowered to receive subscriptions of stock at any time, and from time to time, as a majority of them may think proper, to make a return of the stock by them re- spectively received, and to make payment of all lands or sums of money paid by subscribers; that all persons receiving subscriptions of stock shall pass a receipt to the subscriber or subscribers for the payment of the first instalment, as here- tofore required to be paid ; and upon their settlement with the general commissioners as aforesaid, it shall be the duty of said general commissioners in like manner to pass their receipt for all sums thus received to the person from whom received, 328 CONTENTION JOUKNAL. [Session and sucli receipt shall be taken and held to he good and sufficient vouchers to the persons holding them ; that subscrip- tions of stock may be received as aforesaid, or as hereinafter provided for, to the amount of twelve hundred and fifty thou- sand dollars, Sec. 4. Be it further ordained.. That it shall be the duty of said general commissioners to direct and authorize said, books of subscription to be kept open until the sum of fifty thousand dollars at least shall be subscribed in the manner aforesaid, and as soon as the sum of fifty thousand dollars or upwards shall be subscribed in the maimer aforesaid, and the- sum of five dollars on each share paid in as aforesaid, the- subscribers to said stock shall be and are hereby declared to be- a body politic and corporate in fact and in law, by the name- and style of "-the Dan River Coalfield Hail Road Company," with all the corporate powers and authority hereby created and granted, to be held and exercised by said Company and their successors and assigns in perpetuity, and by that name shall be capable in law and in equity to purchase, hold,, lease, rent, sell or convey estates, real, personal and mixed, and to acquire the same by gift, devise or otherwise, so far as. shall be necessary for the purposes embraced within the scope,, object and intent of this charter, and shall have perpetual succession and a common seal, which they may use, alter or renew at pleasure, and by their corporate name may sue and be sued, plead and be impleaded in any Court of Law oc Equity in this State or any other State, and shall have, possess, and enjoy all the rights, privileges and immunities which corporate bodies may and of the right do exercise, and may make all such by-laws, rules and regulations as are necessary for the government of the corporation, or for effecting the- object for which it is created not inconsistent with the laws of' this State or of the United States, Sec. 5. Be it furiJier ordamed y That as soon as the sum of fifty thousand dollars or upwards shall be subscribed as afore- said, it shall be the duty of the general commissioners to ap- point a time for the stockholders to meet in Madison, in the County of Rockingham, which they shall cause to be previ- J 868.] CONTENTION JOUENAL. 329> ously published for the space of thirty days in one or more newspapers, at which time and place the said stockholders,, in person or by proxy, [shall] proceed to elect by ballot nine Directors of the Company, and to enact all such regulations and by-laws as may be necessary for the government of said corporation and the transaction of business. The persons elected Directors of this meeting shall serve such period,, not exceeding one year, as the stockholders may direct, and at this meeting the stockholders shall fix on a day and place or places where the subsequent election of Directors shall be held ; and such elections shall henceforth be annually made,, and if the day of the annual election should pass without any election of Directors, the corporation shall not thereby be dissolved, but it shall be lawful on any other day to hold and make such elections in such manner as may be pre- scribed by a by-law of the corporation. Sec. 6. Be it further ordained. That the affairs of said Company shall be managed by a general board to consist of nine Directors, to be elected by the stockholders from among themselves at their first and subsequent general annual elec- tions, and no stockholder shall be elected as Director, nor serve as such, unless he be, at the time of his election, the bona fide owner and legal holder of ten shares of said stock,, and shall continue to hold the same during the term of his service. Sec. T. Be it further ordained, That the President of said Company shall be chosen by ballot by a majority of the Directors from among themselves, with a salary to be fixed by the stockholders in general meeting. Sec. 8. Beit fiariher or&ained, That all stockholders being citizens of the United States shall be entitled to vote either in person or proxy, the proxy being a stockholder, at all gen- eral meetings, and the vote to which each stockholder shall be entitled according to the number of shares he may hold in the proportions following, that is to say : for one share and not more than two, one vote; for every two shares above two and not exceeding ten, one vote ; for every four shares above ten and not exceeding thirty, one vote ;, for every six shares 330 CONTENTION JOURNAL. [Session over thirty and not exceeding sixty, one vote ; for every eight shares over sixty and not exceeding one hundred, one vote ; for every ten shares over one hundred and not exceed- ing two hundred, one vote; and for every twenty shares over two hundred, one vote. Sec. 9. Be it further ordained, That at the first general meeting of the stockholders under this act, a majority of all the shares subscribed shall be represented before proceeding to business, and if a sufficient number do not appear on the day appointed, those who do attend shall have power to adjourn from time to time until a regular meeting be thus formed ; and at such regular meeting the stockholders may provide a by-law as to the number of stockholders and the amount of stock to be held by them, which shall constitute a quorum tor transacting business at all subsequent regular or occasional meetings of stockholders and Directors. Sec. 10. Be it farther ordained, That the general (Com- missioners shall make their return of the shares of the stock subscribed for at the first general meeting of the stock- holders, and pay over to the Directors elected at their meet- ing, or their authorized agents, all sums of money and all lands received from subscribers; and on failure to do so they shall be personally liable to said Company, to be recovered at the suit of said Company in atiy of the Superior Courts of Law in this State in the County where the delinquent resides, and in case of his death the same shall be recovered of his ex- ecutors or administrators. Sec. 11. Be it further ordained, That the Board of Direc- tors may fill all vacancies whieh may occur in it during the period for which they have been elected, and in the absence of the President may fill his place by electing a President pro tempore from among their number. Sec 12. Be it further ordained, That the said Board of Directors shall have power and authority to open books for further subscription to the stock of said Company, at such times and under such persons as they may designate, in the event that the whole stock be not subscribed before the first general meeting of the stockholders, and to open and keep 1868.] CONTENTION JOURNAL. 331 open said books from time to time until the whole amount of the capital stock be subscribed. Sec. 13. Be it further ordained, That said Company shall have power and may proceed to construct, as speedily as pos- sible, a Rail Road, with one or more tracks, from some point on the Virginia line, near the town of Danville, in Virginia, to the Coalfields of Dan River. Sec. 14c. Be it further ordained, That said Company shall have the exclusive right of conveyance or transportation of persons, goods, merchandise and produce over the road con- structed by them, at such charges as may be fixed upon by a majority of the Directors; and the said Company [may] farm out their right of transportation over their said Rail Road, subject to the rules above mentioned, and said Com- pany, and every person who may have received from them the right of transportation of goods, wares and produce on said Rail Road, shall be deemed and taken to be a common carrier, as respects everything entrusted to them or him for transportation. Sec. 15. Be it further ordained, That the Board of Direc- tors may call for the payment of the sum or bond subscribed as stock m said Company, in such instalments as the interests of said Company may, in their opinion, require ; the call for each payment shall be published in one or more newspa- pers in this State, for the space of one month before the day of payment, and on failure of any stockholder to pay each instalment as thus required, the directors may sell at public auction, on a previous notice of ten days, for cash, all the stock subscribed for in said Company, by such stockholders, and convey the same to the purchaser at said sale, discharg- ed from all further liability, and if said sale of stock does not produce a sum sufficient to pay off the incidental expenses ot the sale, and the entire amount owing by such stockholders to the Company for such subscription of stock, then, and in that case, the whole of such balance shall be held and taken as due at once to the Company, and may be recovered of such stockholder, or of his executors, administrators or assignees at the suit of said Company, either by summary motion in any 332 CONVENTION JOUKNAL. [Session court of superior jurisdiction in the County where the de- linquent resides, on previous notice of ten days to said sub- scriber, or by action of assumpsit in any Court of competent jurisdiction, or by warrant before a Justice of the Peace, where the sum does not exceed one hundred dollars, and in all cases of assignment of stock before the whole amount has been paid to the Company, then, for all sums due on such stocks, both the original subscribers and the first and all sub- sequent assignees shall be liable to the Company, and the same may be recovered as above described. Sec. 16. Be it further ordained, That the debt of stock- holders due to the Company for stock therein, either as orig- inal proprietor or as first or subsequent assignee, shall be considered of equal dignity with judgments in the distribu- tion of assets of a deceased stockholder by his legal represen- tative. Sec. 17. Be it further ordained, That said Company shall issue certificates of stock to its members, and said stock may be transferred in such manner and form as may be directed by the by-laws of the Company. Sec. 18. Be it further ordained, That the Board of Direc- tors shall once every year at least, make a full report of the stock of the Company and its affairs to a general meeting ot the stockholders, and oftener if required by a by-law, and shall have power to call a general meeting ot the stockholders when the Board may deem it expedient, and the Company may provide in their by-laws for occasional meetings being called and prescribe the mode thereof. Sec 19. Be it further ordained, That said Company may purchase, have and hold in fee, or for a term of years, any land, tenaments or hereditaments, which may be necessary for the said road or the appurtenances thereof, or for the erec- tion of depositories, store houses, houses for the officers, ser- vants or agents of the said Company, or for work shops or foundaries, to be used for said Company, or for procuring stone or other materials necessary to the construction of the road, or for effecting transportation thereon. Sec, SO. Be it further ordained, That the Company shall 1868.] CONTENTION JOUBNAL. 833 have the right, when necessary, to conduct the said road across or along any public road or water course : Provided, That the said Company shall not obstruct any public road without constructing another equally as good and convenient. Sec. 21. Be it further ordained, , That when any lands or right of way may be required by said Company, for the pur- pose of constructing their road, and for want of agreement as to the value thereof, or for any other cause, the same cannot be purchased from the owner or owners, the same may be taken at a valuation to be made by the five Commissioners, or three of them, to be appointed by any court of record having common law jurisdiction in the County where some part of the land or right of way is situated. In making the said valu- ation, the said Commissioners shall take into consideration the loss or damage which may accrue to the owner or owners in consequence of the land or right of way being surrendered, and the benefit and advantage, general or special which he, she or they may receive by the general increased value of the land, or any special benefit which may arise from the loca- tion of a depot, or otherwise on said land, or any benefit which may accrue in any way whatever, by the establishment of said Rail Road or works, and shall state particularly the amount and value of each, and the excess ol the loss and dam- age, over and above the advantage and benefit, shall form the measure of valuation of the said land or right of way ; Pro- vided, nevertheless, That if any person or persons, over whose land the road may pass, or if said company should be dissat- isfied with the valuation of said Commissioners, then, and in that case, the party so dissatified, may make an appeal to the Superior Court, in the County where said valuation has been made, or in either County in which the land may lie, when it shall be in more than one County, under the same rules, regulation and restrictions as in other cases of appeals. The proceedings of said Commissioners, accompanied with a full description of said land or right of way, shall be returned under the hands and seal of a majority of them, to the Court from which the Commission issued, there to remain a matter 1 of record, and the lands or right of way so valued, shall vest 334 CONVENTION JOURNAL. [Session in the said Company so long as the same shall be used for the purpose of the Rail Road, so soon as the valuation shall have been paid, or when refused, may have been tendered : Pro vuled, That on application lor the appointment of Commis- sioners, under this section, it shall be made to appear to the satisfaction of the Court, that at least ten days' previous no- tice has been given by the applicant to the owner or owners of the said land, so proposed to be condemned, or if the own- er or owners be infants or non compos mentis, then to the guardian of such owner or owners, if such guardian can be found within the County, or if he can not be ho found, then such appointment shall not be made, unless notice of the ap- plication shall have been published at least one month next preceding, in some newspaper printed as convenient as may be to the Court House of the County, and shall have been posted at the door of the Court House, on the first day at least of the term of said court to which the application is made ; Provided further, That the valuation provided for in this section shall be made on oath, or by the commissioners aforesaid, which oath any justice of the peace or Clerk is authorized to administer : Provided further, That the right of condemnation herein granted shall not authorize the said Company to invade the dwelling house, yard, garden or bury- ing ground of any individual without his consent. Sec. 22. Be it further ordained, That the right of said company to condemn land in the manner aforesaid, shall ex- tend to the condemning of one hundred feet on each side of the main track of the road, measuring from the centre of the same, unless in case of deep cuts and fillings, when said com- pany shall have power to condemn as much in addition there- to as may be necessary for the purpose of constructing said road, and the company shall also have power to condemn and appropriate lands in like manner for the constructing and building of depots, shops, warehouses, buildings for servants, agents and persons employed on the road, not exceeding two acres in any one lot or station. Sec. 23. Be it further ordained, That in the absence of any contract or contracts with said company in relation to 18G8.] CONVENTION JOURNAL. 335 lands through which the said road may pass, signed by the owner' thereof, or his agent f or any claimant or person in pos- session thereof, which may he confirmed by the owner thereof, it shall be presumed that the land upon which said road may be constructed, together with the space of one hundred feet on each side of the centre of the said road, had been granted to the said company by the owner thereof, shall have good right and title thereto, and shall have, hold and enjoy the same as long as the same be used for the purposes of said road, and no longer, unless the person or persons owning the said land at the time that part of the said road which may be on said land was finished, or the claiming under him, her or them, shall apply for an assessment of the value of said lands as hereinbefore directed, within two years next after that part of the said road which may be on the said land was finished ; and in case the said owner or those claiming under him, his, her or them, shall not apply within two years next after the said part was finished, he, she or they shall be forever barred from recovering said land, or having any assessment or com- pensation therefrom : Provided, That nothing herein contain- ed shall affect the rights of feme coverts or infants until two years after the removal of their respective disabilities. Sec. 24. Be it further ordained, That all lands not here- tofore granted to any person within one hundred feet of the centre of the said road, shall vest in the company as soon as the line of the road is definitely laid out through it, and any grant of said land thereafter shall be void. Sec. 25. Be it further ordained, That if any person or per- sons shall intrude upon the said Rail Road by any manner of use thereof, or of the rights and privileges connected there- with without the permission, or contrary to the will of the said company, he, she or they maybe indicted for misdemean- or, and upon conviction fined and imprisoned by any court of competent jurisdiction. Sec 26. Be it further ordained, That if any person shall wilfully and maliciously destroy or in any manner hurt or damage or destroy or obstruct, or shall wilfully or malicious- ly cause, or aid, or assist, or counsel, or advise any other per- 336 CONVENTION JOURNAL. [Session son or persons to destroy or in any manner to hurt, damage, injure or obstruct the said Rail Road, or any bridge or vehi- cle used for or in the transportation thereon, any water tank, warehouse, or any other property of said company, such per- son or persons so offending shall be liable to be convicted therefor, and on conviction shall be imprisoned not more than six nor less than one month, and pay a fine not exceed- ing five hundred dollars nor less than twenty dollars, at the discretion of [the] court before which said conviction shall take place and shall be further liable to pay all expenses for repairing the same, and it shall not [be] competent for any person so oil ending against the provisions of this clause to de- fend himself by pleading or giving in evidence that he was the owner, agent or servant of the owner of the land where such destruction, hurt, damage, injury or obstruction was done at the time the same was done or caused to be done. Sec. 27. Be it further ordained, That every obstruction to the safe and free passage of vehicles on the said road shall be deemed a public nuisance, and may be abated as such by any officer, agent or servant of said company, and the person causing such obstruction may be indicted for erecting a pub- lic nuisance. Sec. 28. Be it further ordained, That the said Company shall have the right to take at the store-house they may estab- lish, on or annexed to their Rail Road, all goods, wares, mer- chandise and produce intended for transportation, to prescribe the rules of priority and charge, and receive such just and reasonable compensation for storage as they by rules may es- tablish, (which they shall cause to be published,) or as may be fixed by agreement with the owner, which may be distinct from the rates of transportation ; Provided, That the said Company shall not charge or receive any storage on goods, wares, merchandise^ or produce which may be delivered to them at their regular depositories for immediate transporta- tion, and which the company may have power to transact immediately. Sec 29. Be it further ordained, That the profits of the Company, or so much thereof as the general board may deem XSOS.j CONVENTION JOTTBNAL. 337 advisable, shall, when the affairs of the Company will permit, be semi-annually divided amongst the stockholders in propor- tion to the stock each mav own. Sec. : 30. Be it further ordained, That the following offi- cers and servants, and persons in the actual employment of the said company, be, and they are hereby exempt from the jury, and ordinary militia duty : the president and treasurer the board of directors, chief and assistant engineers, the sec- retary and accountants of this Company, keepers of the de^ positories, guards stationed on the road and at the bridges and such persons as may be working the locomotive engines and traveling with the cars for the purpose of attending to transportation of produce, goods and passengers on the road. Sec. 3J. Be it further ordained. That for the purpose of "constructing said road, the Company are hereby authorized and empowered, by a vote of the stockholders in general meeting assembled, to increase their capital stock to an amount sufficient in their opinion to effect the object, and to raise money by loan or otherwise, sufficient to complete the main track or road, upon such securities and in such a man- ner as the stockholders may direct. Sec. 32. Be it further ordained, That for the purpose of •ascertaining tne best route for said road, and to locate the same, it shall be lawful for said Company, by its engineers, servants, and agents, to enter upon, examine and survey, any land or lands that they may wish to examine for such pur- pose, free from any liability whatever. Sec 33, Be it further ordained, That said road shall not fun within twenty miles of the North-Carolina Rail Road, and if the Company hereby incorporated violate the provi- sions of this section, it shall work a forfeiture of their char- ter. The following report was received and adopted '. The Committee on Counties, Cities, Towns, &c, having considered the ordinance presented by Mr. Fullings of Meck- lenburg, entitled " an Ordinance to incorporate the Char- lotte City Hall Association," have instructed me to report that in their opinion, the subject matter thereof does not in their 22 333 CONTENTION JOURNAL. [Session opinion properly come before them, and ask to be relieved from its further consideration, and suggest that the same be referred to the Committee on Corporations other than Mu- nicipal. Mr. Heaton arose to a question of privilege concerning an article published by the North- Carolinian. The following report of the Committee on Education, &c, was taken up and passed first reading : REPORT OF THE COMMITTEE ON EDUCATION, COMMON SCHOOLS, UNIVERSITY AND THE MEANS OF THEIR SUPPORT. The Committee appointed to prepare and report to the Convention an Article on Education,. Common Schools, Uni- versity and the means of their support, respectfully submit the following report : ARTICLE — . EDUCATION. Section 1. Religion, morality, and knowledge being neces- sary to the good government and happiness of mankind, schools, and the means of education, shall forever be fostered and encouraged. Sec. 2. The General Assembly at its first session under this Constitution, shall provide for a general and uniform system of Public Schools, wherein tuition shall be free of charge to all the children of the State between the ages of six and twenty-one years. Sec 3. Each County of the State shall be divided into a convenient number of Districts, in which one or more Prima- ry Public Schools shall be maintained at least four months in every year ; and any County which shall fail to comply with the aforesaid requirement of this section shall be liable to in- dictment. Sec. 4. The proceeds of all land that have been, or here- 1868.] CONTENTION JOUKNAL. 339 after may be, granted by the United States to this State, and not otherwise specially appropriated by this State, or the United States : also all moneys, stocks, bonds, and other pro- perty now belonging to any fund for purposes of Education : also the net proceeds of all sales of lands and other property and effects, that may accrue to the State from sales of estrays, or from unclaimed Dividends, or from fines, penalties and forfeitures : also the proceeds of all sales of the swamp lands belonging to the State or of any other public lands which may have been, or may hereafter be, paid over to this State, (unless forbidden by Congress :) also all money that shall be paid as an equivalent for exemption from military duty : also, all grants, gifts or devises that have been, or may hereater be, made to this State, and not otherwise appropriated by grant, gift or devise, shall be securely invested, and sacredly preserved as an irreducible educational fund, the annual in- come of which, together with so much of the ordinary reve- nue of the State as may be necessary, shall be faithfully ap- propriated for establishing and perfecting in this State, a sys- tem of Free Public Schools and for no other purposes or uses whatsoever. Sec. 5. The General Assembly shall make such provisions, by taxation or otherwise, as will secure a thorough and effi- cient system of Public Schools throughout the State. Sec. 6. The University of North-Carolina, with its lands, emoluments and franchises, is the property of the State, and shall be held to an inseparable connection with the Free Pub- lic School system of the State. Sec. 7. The General Assembly shall provide that the ben- efits of the University, as far as practicable, be extended to the youth of the State free of expense for tuition ; also, that all the property which has heretofore accrued, or shall here- after accrue from escheats to the State, or distributive shares of the estates of deceased persons, shall be appropriated to the use and benefit of the University. Sec 8. The Governor, Lieutenant-Governor, Secretary of State, State Treasurer, Auditor, Superintendent of Public who. may appeal to the Superior Court of Hyde County, if dissat- isfied with the price fixed by said Commissioners upon said lands, and may have the value of the lands condemned for the use of said canals, ascertained by jury, but the Commissioners,. and in case of. such appeal, the jury also, shall estimate the benefit accruing to the other lands of said owners in fixing the compensation for so much as is appropriated of the lands ^ 1868.} CONTENTION JOTTBNAL. 361 The title to the lands tlkm condemned, and to the lands- and their appurtenances, shall vest in said Commissioners and their successors. A majority of said Commissioners shall constitute a quorum for the transaction of any business what- ever within the scope of their duties,, and a majority of that quorum shall determine all questions which may arise. Sec. 2. Be it further ordained \ That an annual tax is hereby levied upon all the lands in the County of Hyde of one per centum of the value of said lands as assessed for tax- ation in the year 1860, for the period of five years, unless the said canals are sooner completed and paid for ; and also a further tax is hereby levied upon all other taxable subjects to> be paid annually for the period of five years, if the same amount which the State of North-Carolina may levy for State purposes on the same subjects of taxation during that period,, and the money thus raised by taxation of lands and other subjects or so much as shall be necessary, shall be faithfully expended by said Commissioners in the construction of one or more canals, for the purpose of draining the waters of Lake Mattamuskeet so as to prevent the overflow, thereof. Sec S. Be it further ordained, That it shall be the duty of the proper officer who makes out the tax list for the County of Hyde, also to make out and deliver to the Sheriff of that County, a tax list by which the taxes herein levied may be collected annually, at the same time with the other taxes, and under like penalties for any failure or neglect of duty, and it shall be the duty of the Sheriff of the County to collect and pay over to the Treasurer of the Board of Commissioners the taxes herein levied, at the same time when the taxes for the State are payable to the public Treasurer,, under the same penalties for any failure or neglect of duty as are imposed in case of his failure to pay over the taxes levied for State pur- poses, and the securities of his official bonds are to be held lia- ble for the same, Sec. 4, Be it further ordained, That said Commissioners shall appoint one of their number President of their Board,, and shall also elect a Treasurer who shall give bonds with two or more sufficient securities in the sum of ten thousand dol- 363 CONVENTION JOUENAL. [Session lars, to keep safely and pay out properly under the requisition of the President, the moneys received by him from the Sheriff of Hyde County or from any other source, which are appro- priated to be expended by said Commissioners, said bond shall be payable to the State -of North-Carolina. Sec. 5. Be it further ordained, That whenever a vacancy may happen in said Board of Commissioners by death, resig- nation, or expulsion for malfeasance of any of its members, by said Board of Commissioners, such vacancies may be filled by the Commissioners at their first, or any meeting there- after. It shall also be the duty of said Commissioners to hold at least one meeting each year during the time of the construction of the canals. The president and treasurer may receive such compensation, for their services as a majority of the Commissioners shall fix. Sec. 6. Be it further ordained. That said Commissioners may value all the uncleared swamp lands within two miles of said canals, and assess an amount of money to be paid for such lands in the proportion to the advantage accruing to said lands by the canals, not exceeding five per cent of their value as assessed in 1860, and in case of the refusal of the owners of said lands to pay said assessment, the said Com- missioners may file their petition in the Superior Court of Hyde County, and have a judgement, condemning said lands to be sold to pay such assessment. Provided, That the ques- tion of the valuation of said lands may be reviewed by a jury of said Court. Sec. 7. Be it further ordained, That if a majority of the whole number of said Commissioners shall be of opinion that the best plan to drain said lake is by cutting a canal from the head of Broad Creek to the head of Alligater Biver, then said Commissions may also expend any part of the moneys herein appropriated in cutting said canal. Sec. 8. Be it further ordained, That this ordinance shall be submitted to the qualified voters of Hyde County for their approval or rejection, under the direction of the County Court of said County, or the Commissioners for said County, and .shall take the proper means for that purpose and declare the 1868.] CONTENTION JOURNAL. 363 result, and if approved by a majority of the qualified voters, who shall vote upon the question, shall go into force and ef- fect from and after such approval. The Committee on Internal Improvements to whom was referred the ordinance to incorporate the North Western North- Carolina Rail Road Company, reported that they had the same under consideration, and recommend its passage. The hour of 11 o'clock having arrived, Mr. McDonald of Chatham, moved a postponement of the general order. The motion prevailed. The ordinance passed its first reading. On motion the rules were suspended and the ordinance passed its second reading. On motion o± Mr. Abbott, the rules were again suspended and the Ordinance passed its third and final reading by the following vote, yeas 81, nays 11 : Those who voted in the affirmative, are : Messrs. Andrews, Ashley, Aydlott, Baker, Barnes, Benbow, Blume, Bradley, Bryan, Carey, Carter, Candler, Cherry, Colgrove, Congleton, Cox, Daniel, Duckworth, Durham, Ellis, Eppes, Etheridge, Fisher, Forkner, Franklin, French of Rockingham, Fullings, Gahagan, Galloway, Garland, Garrett, Graham of Montgomery, Graham of Orange, Grant of Wayne, Gully, Gunter, Harris of Wake, Harris of Frank lin, Hayes of Robeson, Heaton, Hoffler, Hollowell, Holt, Hood, Ing, Jones of Caldwell, King of Lincoln, Kinney, Laflin, Lee, Legg, Logan, Long, Mann, May, Mayo, Mar- shall, McCubbins, McDonald of Chatham, McDonald of Moore, Morton, Mullican, Murphy, Nance, Parks, Petree, Pierson, Ray, Renfrew, Rhodes, Rich, Robbins, Rodman, Rose, Smith, S til well, Sweet, Teague, Tourgee, Trogden, Tucker, Watts, and Welker— 81. Those who voted in the negative, are : Messrs, George, Grant of Northampton, Hare, Hay, King, of Lenoir, Lennon, Moore, Parker, Peterson, Sanderlin, and Turner— 11. The following is the ordinance as adopted : 364 CONTENTION JOURNAL. [Session AN ORDINANCE TO INCOEPOEATE THE NOETII WESTEEN NOETH-CAEOLINA EAIL EOAD COM- PANY. Section 1. Beit ordained by the people of North-Carolina, in Convention assembled, and it is hereby ordained by the au- thority of the same, That for the purpose of constructing a Eail Eoad of one or more tracks, from some point on the North-Carolina Eailroad, between the town of Greensboro', in Guilford County, and the town of Lexington, in Davidson County, running by way ol Salem and Winston, in Forsyth County, to some point on the Northwestern Boundary line of the State, to be hereafter determined, a company is here- by incorporated, under the name and style of the North West- ern North-Carolina Eail Eoad Company, with a capital stock of two millions of dollars which shall have a corporate exis- tence and body politic, for the space of ninety-nine years, and by that name may sue and be sued, plead and be impleaded, in any court of law and equity in the State of North-Caroli- na, and may have and use a common seal, and shall be capa- ble in law and equity of purchasing, holding, leasing, and con- veying estates, real and personal and mixed, and of acquiring the same by gift or devise so far as may be necessary for the objects herein contemplated, and no further, and said Compa- ny may enjoy all other rights and immunities which other incorporate bodies may lawfully exercise, and may make all necessary by-laws, and regulations for its government, not inconsistent with the Constitution and laws ol the State of North-Carolina, and of the United States. Sec 2. Be it further ordained, That the capital stock of said Company may be created, by subscriptions on the part of in- dividuals, corporations, and counties, in shares of one hun- dred dollars. Sec. 3. Be it further ordained, That books of subscription to the capital stock of said Company shall be opened by the following Commissioners, to wit : I. G. Lash, J. A. Vogler, H. W. Tris, in the town of Salem, and Thos. J. Wilson, Jas. Hasten, P. A. Wilson, in the town of Winston, and by such J 868.] CONTENTION JOURNAL. 865 other persons, and in such other places, as the aforesaid Com- missioners may direct, and that ten days notice of the opening of said books, shall be given in one or more newspapers of this State ; and further more, that the said Commissioners or any four of them may at any time after said books have been kept open for the space of thirty days, and the sum ot thirty thousand dollars has been subscribed to the capital stock of said Company and five per cent paid thereon, shall have pow- er to call together the subscribers to said stock, for the pur- pose of completing the organization of said company, and the said subscribers shall be and are hereby declared incorpora- ted into a Company by the said name and style of the North- Western North-Carolina Rail Road Company, and the said Company may from time to time receive further subscriptions to its capital stock, as it may deem proper. Sec. 4. Be it further ordained, That said Company may hold annual meetings of its Stockholders, and oftener if necessary, and at its organizations and the annual meetings subsequent thereto, ten directors shall be elected to hold office for one year, or until their successors shall be elected, and any of said meetings shall have power to make or alter the by- laws of the Company. Provided, That in all such meetings of the Stockholders a majority of all the stock subscribed shall be represented in person or by proxy, which proxy shall be verified in the manner prescribed by the by-laws of the Company, and each share thus represented shall be entitled to one vote on all questions ; that it shall be the duty of the Directors of the Company to elect one of their number as President, and to fill all vacancies in their board. Sec. 5. Be it further ordained, That after the organiza- tion of said Company, and the election of the President and other necessary officers, the officers so elected shall proceed under the advice of the Directors to locate the eastern ter- minus of the North Western North-Carolina Rail Road, and shall proceed to construct said road with one or more tracks, as speedily as practicable, in sections of five miles each to the towns of Winston and Salem, in Forsyth County, which portion of said Rail Road when completed, shall constitute its Z8Q CONTENTION JOURNAL. [Session first division. Provided, That if the distance from the nearest section to the towns of Salem and Winston be less than five miles, the same shall be considered a section. Sec. 6. Be it further ordained, That said Company shall have the same power to call for And enforce the payment of stock subscribed, as was heretofore granted to the North-Car- olina Rail Road Company, by their charter, of incorporation, and shall have power to condemn land for the use of the Company, when a contract to purchase cannot be made with the owner thereof, to the same extent, and in the same man- ner, and under the same rules, regulations, and restrictions, as the said North-Carolina Rail Road Company, were autho- ized to do by their act of incorporation. Sec. 7. Be it further ordained, That all contracts made and entered into by the President or Superintendent, of the Company whether with or without seal, shall be binding upon the Company, and the President shall, under the instruc- tions of the Board of Directors, issue certificates of stock the Stockholders, which shall be transferable in the manner prescribed by the by-laws of the Company. Sec 8. Be it further ordained, That whenever the Pres- ident and Chief Engineer of said Company shall certify to the Governor of the State, that the grading of any of the sec- tions of said road as mentioned in section 5th of this ordi- nance is completed, and ready for the superstructure, he shall direct the Public Treasurer, of the State to loan, in behalf of the State to said Company, the sum of fifty thousand dollars in coupon bonds, and in like manner, the Governor will di- rect similar loans to be made to the Company upon the com- pletion of the grading of each and every section until the first division is graded entire, and said Company shall set aside the receipts of the road over and above its annual expenses, as a sinking fund to pay the said debts and interest on the whole amount of said debt and interest, to be paid before the said Compan} T shall order any dividends in the stock of the Com- pany, and that said sinking fund so produced shall be semi- annually paid into the Public Treasury. Sec. 9„ Be it further ordained, That no part of said loan or 1868.] CONVENTION JOUHNAL. 367 bonds shall be delivered to said Company, until the President and Directors thereof shall execute and deliver to the Gov- ernor of the State a mortgage on the entire Road and its pro- perty, conditioned to save the State harmless, against the loss of both principal and interest of said loan. Sec. 10. Be it further ordained, That the coupon bonds loaned as aforesaid, shall be signed by the Governor, coun- tersigned by the Treasurer, and sealed with the Great Seal of the State, bearing six per cent interest, the principal payable at the end of thirty years from the date thereof, and the coupons for interest payable semi-annually, in such form as the Public Treasurer may direct. Sec. 11. Be it further ordained, That said Company may have the exclusive right of transporting persons and freight upon said Road at such rate of charge as the Board of Direc- tors may fix, and may have power to farm, or lease the same to any person, persons or corporations. Sec 12. Be it further ordained, That the Stockholders of the said Company may pay the stock subscribed by them, either in money, labor or material, for constructing said Road, as the Board of Directors of said Company may determine, and that all Counties and Towns subscribing stock to said Company, shall do so in the same manner and under the same rules, regulations and restrictions as are set forth and prescribed in the act incorporating the North-Carolina and Atlantic Rail Road Company, for the gomernment of such Towns and Counties, as now allowed to subscribers to the capital stock of said Company. Sec. 13. Be it further ordained, That the Company shall have power to construct branches to said Rail Road, one of which shall run from said towns of Salem and Winston, by way of Mount Airy, in Surry County, to the line of the State of Virgin i a. Sec 14. Be it further ordained, That this ordinance shall be in force from and after its ratification. The hour of 12 having arrived, the report of the Committee on Education, &c, was placed on its third and final reading. Sections 1st and 2d were read and adopted. 368 CONTENTION JOURNAL. [Session Section 3d was amended by striking out the word " Pri- mary." The^ section, as amended, was adopted, Sections 4th and 5th were read and adopted. Section 6th was amended by adding after the word " ac- crued," in fourth line, the words, " to the State ;" strike out *' to the State," in the fifth line ; after the word " escheats," on fifth line, insert " unclaimed dividends." The section, as amended, was adopted. Sections 7th, 8th, 9th, 10th, 11th, 12th, 13th, 14th, 15th, 16th and 17th were read and adopted. The report then passed its third and final reading by the following vote, yeas 78, nays 10 : Those who voted in the affirmative, are ! Messrs. Abbott, Andrews, Ashley, Aydlott, Barnes, Ben- bow, Blume, Bryan, Carey, Carter, Candler, Cherry, Colgrove, Congleton, Cox, Dickey, Duckworth, Eppes, Fisher, Forkner, Franklin, French of Chowan, Fullings, Gahagan, Galloway, Garland, George, Grant of Wayne, Gully, Gunter, Harris of Wake, Hay, Hayes of Robeson, Heaton, Hobbs, Hotfler, Hollowell, Hood, Ing, Kinney, Laflin, Lee, Legg, Logan, Long, May, Mayo, Marshall, McDonald of Chatham, McDon- ald of Moore, Moore, Morton, Mullican, Murphy, Nance, Newsom, Parker, Parks, Petree, Pierson, Pool, Ragland, Ray, Renfrew, Rhodes, Rich, Robbins, Rodman, Rose, Smith, S til well, Sweet, Teague, Tourgee, Tucker, Turner, Watts and Welker— 87. Those who voted in the negative, are : Messrs. Baker, Dowd, Durham, Ellis, Etheridge, Hodnett, Lennon, McCubbins, Sanderlin and Williams of Wake. — 10. On motion of Mr. Heaton, the report of the Committee on Revision, was taken up and passed its first reading. On the second reading. Mr. Durham offered the following as a substitute for the entire report. Clause IsL No Convention of the people shall be called by the General Assembly, unless by the concurrence of two-thirds of all the members of each House of the General Assembly. AS6S.3 CONVENTION JOURNAL. 369 Clause 2d. No part of the Constitution of this State shall be altered, unless a bill to alter the same shall have been read three times in each House of the General Assembly and -agreed to bv three-fifths of the whole number of members of •each House respectively; nor shall any alteration take place until the bill so agreed to, shall have been published six months previous to a new election of members to the General Assembly. If after such publication, the alteration proposed by the preceding General Assembly, shall be agreed to in the first session thereafter, by two-thirds of the whole repre- sentation in each House of the General Assembly, after the same shall have been read three times, on three several days in each House, then the said General Assembly shall prescribe a mode by which the amendment or amendments may be submitted to the qualified voters of the House ot Representa- tatives throughout the State, and if, upon comparing the votes given in the whole State, it shall appear that a majority of the voters have approved thereof, then, and not otherwise, the same shall become a part of the Constitution. Mr. Durham moved to strike out " two-thirds," and insert *' three-fifths," after the words " agreed to in the first session thereafter," The yeas and nays were demanded. The call was sustained, The amendment was lost by the following vote, yeas &2, nays 6Q ; Those who voted in the affirmative are : Messrs. Baker, Bradley, Congleton, Durham, Ellis, Ethe- ridge, French of Chowan, George, Hare, Hodnett, Hoffler, Hollowell, Holt, King of Lincoln, Lennon, Marshall, McCub- bins, McDonald of Chatham, Rich, Rodman, Sanderlin and Turner— 22. Those who voted in the negative, are i Messrs. Abbott, Andrews, Ashley, Aydlott, Benbow, Blume, Bryan, Carey, Candler, Colgrove, Cox, Dickey, Duckworth, Fisher, Forkner, Franklin, French of Rockingham, Fullings, Gahagan, Garland, Graham of Montgomery, Grant of Wayne, Grant of Northampton, Gully, Gunter, Harris of Wake, Hay, 24 370 CONVENTION JOURNAL. [Session Hayes of Robeson, Heaton, Hobbs, Hood, Ing, King of Lin- coln, Kinney, Laflin, Lee, Legg, Logan, Long, May, Mayo, McDonald of Moore, Morton, Mnllican, Murphy, Nance, Newsom, Nicholson, Parker, Petree, Peterson, Pierson, Pool, Ragland, Ray, Renfrow, Rhodes, Robbing, Rose, Smith, Stil- well, Teague, Tourgee, Trogden, Tucker, Watts, Welker and Williams 'b'f Wake— 66. Mr. Nicholson moved to amend by inserting after the words, "majority of the voters," the words, "voting thereon." The amendment was adopted. The report passed the second reading by the following vote r yeas 82, nays 7 : Those who voted in the affirmative, are : Messrs. Abbott, Andrews, Ashley, Aydlott, Baker, Ben- bow, Blume, Bradley, Bryan, Carey, Carter, Candler, Cherry, Colgrove, Congleton, Cox, Dickey, Duckworth, Eppes, Ethe- ridge, Fisher, Forkner, Franklin, French of Rockingham, French of Chowan, Fulliugs, Gahagan, Garland, Garrett,. George, Grant of Wayne, Grant of Northampton, Gully, Gunter, Harris of Wake, Hay, Hayes of Robeson, Heaton, Highsmith, Hobbs, Homer, HoUowell, Hood, lug, Jone3 of Caldwell, King of Lincoln, Kinney, Laflin, Lee, Legg, Long. May, Mayo, McDonald of Chatham, McDonald of Moore, Morton, Mullican, Murphy, Nance, Newsom, Nicholson, Parker, Parks, Petree, Peterson, Pierson, Ragland, Ray, Renfrow, Rhodes, Robbing, Rodman, Rose, Smith, Teague, Tourgee, Trogden, Tucker, Turner, Watts, Welker and Wil- liams of Wake — 82. Those who voted in the negative are : Messrs. Durham, Hare, Hodnett, Holt, Marshall, Rich and Sanderlin — 7. On motion of Mr. Heaton, the rules were suspended, and the report of the Cammittee on Revision was placed upon its third and final reading and passage. The report was adopted by the following vote, yeas 86, nays S : Those who voted in the affirmative are : Messrs. Abbott, Ashley, Aydlott, Benbow, Blume, Bradley. 1868.] CONVENTION JOURNAL. 371 Bryan, Carey, Carter, Candler, Colgrove, Congleton, Cox, Dickey, Duckworth, Eppes, Etheridge, Fisher, Forkner, Franklin, French of Rockingham, French of Chowan, Ful- lings, Gahagan, Galloway, Garland, Garrett, George, Graham of Montgomery, Grant of Northampton, Gully, Gunter, Har- ris of Wake, Hay, Hayes of Robeson, Hayes of Halifax, Heaton, High smith, Ilobbs, Hoffier, Hollowell, Hood, Ing, Jones of Caldwell, King of Lincoln, King of Lenoir, Kinney, Laflin, Lee, Legg, Long, Mann, May, Mayo, McDonald of Chatham, McDonald of Moore, Moore, Morton, Mullican, Murphy, Nance, Newsom, Nicholson, Parker, Parks, Petree, Peterson, Pierson, Pool, Ragland, Ray, Renfrow, Rhodes, Bobbins, Rodman, Rose, Smith, Stilwell, Teague, Tourgee, Trogden, Tucker, Turner, Watts, Welker and Williams of Wake— 86. Those who voted in the negative are : Messrs. Durham, Ellis, Hare, Hodnett and Marshall — 5. Mr. Tourgee moved to reconsider the vote on the ordi- nance in relation to the Western North-Carolina Rail Road Company. Mr. Abbott moved to lay the motion on the table. The motion was sustained. Mr. Tourgee, by permission, introduced the following res- olution : Resolved, That a Committee of three be appointed by vote of the Convention, to enquire whether the signature of a pre- siding officer who is not a registered voter under the provis- ions of the Reconstruction Acts, will in any way effect the validity of the Acts of this Convention, and that said Com- mittee be required to report on Wednesday next. On motion, the rules were suspended. Mr. King, of Lincoln, moved to lay the resolution on the table. The yeas and nays were demanded. The call was not sustained. The motion to lay on the table was lost. The question recurred on the adoption of the resolution, which was, 372 CONTENTION JOUENAL. [Session On motion, adopted. The House elected the following gentlemen as the Com- mittee called for by the resolution of Mr. Tourgee : Messrs. Rodman, Heaton and Pool. On motion of Mr. Abbott, it was the sense of the Conven- tion that the President will occupy the Chair during the ses- sion of the Convention. Mr. Laflin introduced an ordinance vacating certain offices, and called for a suspension of the rules. The call was not sustained. The ordinance lies over under the rules. Mr. Heaton introduced an ordinance to incorporate the Newbern Turpentine Company. Mr. Hare introduced a resolution on the final adjournment. Mr. Watts introduced an ordinance to aid the Tarboro and Williamston Rail Road Company. Referred to the Committee of sixteen. Mr. Ashley arose to a point of order, and stated that it was an order of the House, that all ordinances and resolutions shonld pass through a Committee, who should report what they thought necessary, to the House for action. The Chair decided the point well taken. On motion the House adjourned. EVENING SESSION, Makch 9th, 1868. The Convention was called to order at 7J o'clock by the President. The roll was called and the following members answered to their names : Messrs. Aydlott, Barnes, Benbow, Blnme, Bradley, Carey, Carter, Candler, Cherry, Chillson, Congleton, Cox, Duck- worth, Ellis, Eppes, Fisher, Forkner, Franklin, Gahagan, Galloway, George, Graham oi Montgomery, Grant of Wayne, Grant of Northampton, Gully, Gunter, Hare, Harris of Wake, Hay, Hayes- of Robeson, Hayes of Halifax, Hobbs, Hodnett, Homer, Hollowell, Hood, Hyman, Ing, Xing of Lincoln, 1868.] • CONTENTION" JOURNAL. 373 Kinney, Lennon, Logan, Long, Mayo, Marshall, McCubbins, McDonald of Chatham, Moore, Morton, Nance, Newsom, Nicholson, Parker, Parks, Petree, Peterson, Pay, Read, Rhodes, Rich, Rose, Sanderlin, Smith, Stilly, Stilwell, Teague, Tourgee, Trogclen, Tucker, Turner, Watts, Welker and Williams of Wake — 71. 'Leave of absence was granted Mr. McDonald of Chatham. The report of the Committee on Suffrage having been made the Special Order for the evening, was taken up. Mr. Pool called the previous question on the Article on Suffrage. The call was sustained. The Article passed the second reading by the following vote, yeas 61, nays 19 : Those who voted in the affirmative are : Messrs. Andrews, Ashley, Aydlott, Barnes, Benbow, Blume, Bryan, Carter, Cherry, Congleton, Daniel, Eppes, Forkner, Franklin, French Chowan, Fullings, Galloway, George, Grant of Wayne, Grant of Northampton, Gully, Guuter, Harris of Wake, Hay, Hayes of Halifax, Highsmith, Hobbs, Hoffler, Hollowell, Hood, Hyman, Ing, Jones of Caldwell, King of Lincoln, King of Lenoir, Kinney, Lee, Mayo, Mc- Donald of Chatham, Moore, Nance, Newsom, Nicholson, Parker, Parks, Petree, Peterson, Pierson, Pool, Ragland, Renfrow, Rich, Robbins, Rodman, Smith, Stilly, Stilwell, Sweet, Tucker, Turner and Watts — 61. Those who voted in the negative, are : Messrs. Candler, Cox, Dickey, Duckworth, Etheridge, Ga- hagan, Graham of Montgomery, Hare, Hayes of Robeson, Hodnett, Logan, May, Marshall, Merritt, Rhodes, Rose, San- derlin, Teague and Welker — 19. The report of the Committee on Eligibility to Office was taken up. Section 1st was read and adopted. Section 2d was read. Mr. Hood moved to strike out all after the words, " Al- mighty God," on the third line. Mr. Candler offered to substitute exceptions first, second 374 CONVENTION JOURNAL. [Session and fourth of the minority report, for the exceptions in sec- tion 2d of the majority report. After some discussion, Mr. Pool called the previous ques- tion. The call was sustained. The yeas and nays were granted on the substitute of Mr. Candler. The substitute was lost by the following vote, yeas 21, nays 63 : Those who voted in the affirmative are : Messrs. Abbott, Candler, French of Rockingham, French of Chowan, Gahagan, Galloway, Graham of Montgomery, Hayes of Robeson, Kinney, Logan, Mann, May, Marshall, Morton, Newsoin, Ragland, Renfrow, Rhodes, Rose, Teague and Welker— 81. ' Those who voted in the negative are : Messrs. Andrews, Ashley, Aydlott, Baker, Benbow, Blnme, Bradley, Bryan, Carey, Colgrove, Congleton, Cox, Daniel, Dowd, Durham, Ellis, Eppes, Etheridge, Forkner, Franklin, George, Glover, Grant of Northampton, Gully, Gunter, Hare, Harris of Wake, Hay, Heaton, Highsmith, Hobbs, Ilodnett, Hofner, Hollowell, Holt, Hyman, Ing, Jones of Caldwell, King of Lincoln, King of Lenoir, Lee, Legg, Lennon, Long, McCubbins, Merritt, McDonald of Chatham, Nicholson, Parker, Parks, Petree, Pierson, Pool, Read, Rich, Robbins, Rodman, Sanclerlin, Smith, Stilly, Stilwell, Sweet, Taylor, Turner and "Watts — 63. Mr. Hood withdrew his amendment. The section, as read, was adopted. The Article on Eligibility to Office passsed its second read- ing by the following vote, yeas 51, nays 34 : Those who voted in the affirmative are : Messrs. Andrews, Ashley, Aydlott, Baker, Benbow, Blume, Bryan, Carey, Cherry, Chillson, Colgrove, Congleton, Cox,/ Daniel, Dowd, Eppes, Forkner, George, Glover, Grant of Northampton, Gunter, Harris of Wake, Hay, Heaton, High- smith, Hobbs, Homer, Hollowell, Ing, Jones of Caldwell, King of Lincoln, King of Lenoir, Legg, Mann, Mayo, McDon- 1868.] CONVENTION" JOURNAL. 3T5 aid of Chatham, Nicholson, Parker, Parks, Pierson, Pool, Read, Rieh, Robbins, Rodman, Stilly, Stilwell, Sweet, Tay- lor, Turner and Watts — 51. Those who voted in the negative are :. Messrs. Abbott, Candler, Dickey, Durham, Ellis, Ethe- ridge, French of Bladen, French of Rockingham, Gahagan, •Galloway, Graham of Montgomery, Hare, Hayes of Robe- son, Holt, Kinney, Lennon, Logan, May, Marshall, McCub- hins, Merritt, Moore, Morton, Nance, Newsom, Ragland, Renfrow, Rhodes, Rose, Sanderlin, Smith, Trogden, Tucker .and Welker— 31. On motion, the report of the Committee on the Judicial Department was taken up. Section 59th was amended by adding the following words : " In case of a vacaney existing from any cause, in any of the offices created by this section, the Commissioners for the ■County may appoint to such office for the unexpired term. 1 ' Mr. Tourgee moved to amend section third by striking out, " General Assembly," .and insert " Governor." The amendment was accepted. The report of the Committee on the Judicial Department, passed its seeond reading by the following vote, yeas 62, nays 12: Those who voted in the affirmative are : Messrs. Abbott, Andrews, Ashley, Aydlott, Barnes, Benbow, Blume, Bryan, Carey, Candler, Chillson, Colgrove, Congle- ton, Cox, Duckworth, Eppes, Fisher, Forkner, Franklin, French of Rockingham, French of Chowan, Fullings, Gaha- gan, Galloway, George, Grant of Northampton, Gunter, Hay, Hayes of Robeson j Heaton, Highsmith, Hobbs, Hollowell, Hyman, Ing, Jones of Caldwell, Kinney, Laflin, Legg, Long, May, Mayo, McDonald of Chatham, Nance, Nicholson, Par- ker, Parks, Read, Rhodes, Rich, Robbins, Rodman, Rose, Smith, Stilwell, Sweet, Teague, Tourgee, Trogden, Tucker, Watts and Welker— 62. Those who voted in the negative are : Messrs. Baker, Bradley, Dowd, Durham, Ellis, Etheridge, Hare. Holt, McCubbins., Merritt, Pool and Sanderlin — \%. 376 CONVENTION JOURNAL. [Session The following remaining report of the Committee on the Judicial Department was taken up and passed its first reading r REPORT OF COMMITTEE. The undersigned respectfully report the within as part of their report on the organization of the Judicial Department. WILL. B. RODMAN, Chairman. G. WM. WELKER, A. W. TOURGEE, E. B. TEAGUE, A. H. GALLOWAY. JUSTICES OF THE PEACE. Section 1. In each township (precinct or other subdivision) of the Counties of this State, two Justices of the Peace shall be elected by the qualified voters thereof, as is prescribed for the election o± members of the General Assembly. The Gen- eral Assembly may provide for the election of a larger num- ber in Cities and Towns, and in those townships in which Cities and Towns are situated. They shall hold their offices for two years. Sec. 2. They shall have jurisdiction under such regulations- as the General Assembly shall prescribe of all civil actions founded on contract, wherein the sum demanded shall not exceed two hundred dollars, and wherein the title to real estate shall not be in controversy ; and of all criminal matters arising within their Counties, where the punishment cannot exceed a fine of fifty dollars or imprisonment for one month. When an issue of fact shall be joined before a Justice, on the demand of either party thereto, he shall cause a jury of six men to be summoned, who shall try the same. The party against whom judgment shall be rendered in any civil action may appeal to the Superior Court from the same, and if the judgment shall exceed twenty five dollars, there shall be a 1868.] CONTENTION JOUKNAL. S7T new trial of the whole matter in the Appellate Court : but if the judgment shall be for twenty -five dollars, or less, then the case shall be heard in the Appellate Court, only upon matters of law. In all cases of a criminal nature, the party against whom judgment is given, may appeal to the Superior Court, where the matter shall be heard anew. In all cases of a crim- inal nature brought before a Justice, he shall make a record of the proceeding, and file the same with the Clerk of the Superior Court for his County. Sec. 3. "When the office of Justice of the Peace shall be- come vacant, otherwise than by the the expiration of the term, and in case of a failure by the voters of any district to elect, the Clerk of the Superior Court for the County shall appoint to fill the vacancy for the unexpired term. Sec. 4. In case the office of Clerk of the Superior Court for a County shall become vacant, otherwise than by the expira- tion of the term, and in case of a failure by the people to elect, the Judge of the Superior Court for the County shall appoint to fill the vacancy until an election can be regularly held. Seo. 5. The General Assembly may provide, by law, that the Judges of the Superior Courts, instead of being elected by the voters of the whole State, as is herein provided for, shall be elected by the voters of their respective districts. Motion by Mr. Rodman to amend section 29 of report on Judicial Department by adding to said section 29, as amended on the 28th of February, the following words : ■' In case of a vacancy existing from any cause, in any of the offices created by this section, the Commissioners for the County may appoint to such office for the unexpired term." On the second reading, Mr. Candler moved to amend section 1st by striking out 4 ' five," and insert " four." The amendment was not sustained. 378 CONVENTION JOURNAL. [Session The section, as read, was adopted. Section 2d was read. Mr. Tonrgee moved to amend by striking out " shall," on fourteenth line, and insert " may." The amendment was accepted by the Chairman of the Committee. The section, as amended, was adopted. Section 3d was read and adopted. Section 4th was read. Mr. Sweet moved to strike out the entire section. The motion did not prevail. The section, as read, was adopted. Section 5th was read and adopted. The report passed its second reading by the following vote, yeas 56, nays 5 : Those who voted in the affirmative are : Messrs. Ashley, Aydlott, Benbow, Blume, Bryan, Carey, Candler, Chillson, Colgrove, Congleton, Dickey, Duckworth, Eppes, Etheridge, Fisher, Forkner, French of Rockingham, Fullings, Gahagan, Galloway, George, Gunter, Hay, Hayes of Robeson, Heaton, Hobbs, Hollowell,- Hood, Hyman, Ing, Kinney, Laflin, Ma}^ Ma} T o, Marshall, McDonald of Chatham, Morton, Nicholson, Parker, Parks, Peterson, Ragland, Ray, Read, Rhodes, Rodman, Rose, Smith, Still well, Sweet, Teague, Tourgee, Tucker, Turner, Watts and "Wei ker — 56. Those who voted in the negative are : Messrs. Baker, Dowd, Merritt, Pool and Sanderlin — 5. On motion of Mr. Rodman, the entire report of the Com- mittee on the Judicial Department was made a Special Order Tuesday at 10^- o'clock. Mr. Heaton introduced an Ordinance in relation to the au- thentication of ordinances and other acts of the Convention. Leave of absence was granted : Mr. Hare for three days, also, Mr. Graham, of Orange, until "Wednesday next, On motion, the House adjourned, 1868.] CONTENTION JOURNAL. 379 TUESDAY, Makch 10th, 1868. The Convention was called to order at 10 o'clock, by the President. Prayer by the Rev. G. W. Welker. The Roll was called, and the following members answered to their name. Messrs. Ashley, Aydlott, Baker, Barnes, Benbow, Bradley, Bryan, Carey, Carter, Candler, Cherry, Chillson, Colgrove, Congleton, Cox, Daniel, Dickey, Dowd, Duckworth, Durham, Ellis, Eppes, Etheridge, Fisher, Forkner, Franklin, French of Rockingham, French of Chowan, Fnllings, Gahagan, Gallo- way, Garland, Garrett, George, Graham of Montgomery, Grant of Northampton, Gnnter, Harris of Wake, Hay, Flayes of Robeson, Hayes of Halifax, Highsmith, Hobbs, Hoclnett, Hoffler, Hollo well, Holt, Hood, Hyman, Ing, Jones of Cald- well, King of Lincoln, King of Lenoir, Kinney, Lee, Legg, Lennon, Logan, Long, Mann, Mayo, Marshall, MeCubbins, Merriit, McDonald of Moore, Moore, Mnllican, Murphy, Nance, Newsom, Nicholson, Parker, Parks, Petree, Peterson, Pierson, Pool, Ragland, Ray, Read, Renfrow, Rhodes, Rich, Robbins, Rodman, Rose, Sanderlin, Smith, Stilly, Stilwell, Taylor, Teague, Tourgee, Trogden, Tucker, Turner, Watts, Welker, and Williams of Wake— 99. The Journal of Monday was read and approved. Mr. C. C. Pool, Chairman of the Committee on Enrollment and Engrossment reported as follows : The Committee on Enrollment respectfully report that they have examined the Enrolled Articles on Preamble and Bill of Rights, Executive Department, Legislative Department, Cor- porations other than Municipal and Militia, and upon careful comparison with the original ordinances find the same to be correct. C. C. POOL, Chairman. The report was accepted and adopted. The. Committee on Contingent Expenses reported that they had examined the accounts of Win. Hardie and Isaiah Hardie, and recommend the payment to each, of seventeen dollars, 380 CONVENTION JODENAL. [Session The report was adopted. The Committee to whom the subject was referred, reported the following as a section in the Constitution : Section — The General Assembly shall provide by proper Legislation for giving to Mechanics and Laborers an ade- quate lien on the subject matter of their labor. Would respectfully recommend it passage, BYRON LAFLIN, J. H. BAKER, MARK MAY, M. J. AYDLOTT, HENRY EPPES. The report was accepted. The Committee on Internal Improvements to whom was referred the ordinance in relation to the Fayetteville and Florence Rail Road have had the same under consideration, and have instructed me to report the ordinance back with the privilege of the introducer to withdraw it at his request. W. G. B. GARRETT, Chairman. •5 The report was accepted. The Committee on Internal Improvements to whom was re- ferred the ordinance to change the manner of payment of the States subscription to the capital stock of the Western Rail Road Company have had the same under consideration and instruct me to report, back to the Convention, the 1st section. They also have instructed me to report back the 2nd section and recommend its passage. O. S. HAYES, Acting Chairman. The report was on motion, accepted. The Committee on Internal Improvements to whom was referred the ordinance to amend the Charter of the Chatham Rail Road Company, have had the same under consideration and have instructed me to report the same back to the Con- vention, and recommend its passage. 0. S. HAYES, Acting Chairman. 1868.] CONTENTION JOURNAL. 381 On motion the report was accepted. The Committee appointed to investigate the difficulty "be- tween Messrs Durham and Ashley reported as follows : The Committee on the subject of the difficulty between Messrs. Durham and Ashley, on account of words spoken in debate beg leave to report : That according to our under- standing of Parliamentary law we have no power to act in the case, because the words to which exception was taken were not noted down by the member excepting immediately, and the attention of the Convention then and there called to the subject. We therefore respectfully ask to the excused from further service in this matter. WILLIE DANIEL WM. NICHOLSON, D. J. EICH. J. E. ELLIS, SAM'L FOKKNER. The report was accepted. On motion the report of the Committee on Internal Im- provement was made a special order for Wednesday at 10-| o'clock. The report of the Committee on the Judicial Department was taken up and placed on its third and final reading and passage. Section 1st was read. Mr. Pool moved to amend by striking out all down to the word " and " immediately proceeding the words " every ac* tion prosecuted." The amendment did not prevail. The section as read was adopted. Section 2d was read, Mr. Rodman amended by adding to the section the follow- ing words : " And the Convention shall provide for the eomrnissionel's a reasonable compensation." The section as amended was adopted, 382 CONVENTION JOURNAL. [Session Section 3d was read. Mr. Tourgee moved to amend by striking out " General Assembly " and insert " Governor." The amendment was adopted. The section as amended was adopted. Sections 4th, 5th, 6th and 7th were read and adopted. Section 8th was read. Mr. Bodman moved to amend by striking out " two " and insert " four " and add to the end of the section the follow- ing : " But the General Assembly shall have power to decrease the number after the first term of the same shall be found ex- pedient on the expiration of the term. The yeas and nays were demanded. The demand was sustained. The amendment was adopted by the following vote, yeas 49, nays 48 : Those who voted in the affirmative are : Messrs. Abbott, Ashley, Bryan, Chillson, Colgrove, Daniel, Dickey, Eppes, Fisher, Franklin, French of Bladen, French of Chowan, Fullings, Galloway, Graham of Montgomery, Grant of Wayne, Grant of Northampton, Hayes, of Robeson, High- smith, Hood, Hyman, Ing, Jones of Caldwell, Kinney, Laflin, Legg, Logan, Mann, Mayo, Marshall, Merritt, McDonald of Moore, Moore, Morton, Murphy, Nicholson, Patrick, Parker, Pierson, Eagland, Eay, Ren fro w, Rich, Rodman, Sweet, Tay- lor, Tourgee, Watts, and Welker — 49. Those who voted in the negative, are : Messrs. Aydlott, Baker, Benbow, Bradley, Candler, Con gleton, Cox, Dowd, Duckworth, Durham, Ellis, Etheridge, Forkner, French of Rockingham, Gahagan, Garland, Garrett, George, Glover, Gunter, Hay, Hobbs, Hodnett, Homer, Hol- lowell, Holt, King of Lincoln, King of Lenoir, Lennon, Long, May, McCubbins, Mullican, Nance, Parks, Petree, Peterson, Read, Rose, Sanderlin, Smith, Stilly, Stihvell, T^ague, Trog- den, Tucker, Turner, and Williams of Wake — 48. The section as amended was adopted. Section 9th was read. 1868,] CONVENTION JOURNAL, m$ Mr. Tourgee moved to amend by striking out the following words : " And its decisions shall be remitted to the Courts below to be enforced." The amendment was accepted by the Chairman of the Com- mittee. The section as amended was adopted. Sections 10th, 11th, 12th, 13th, 14th, 15th and 16th were read and adopted. Section 17th was read. Mr. Durham moved to amend by adding ; " Provided, That white orphan children shall not be bound as apprentices to colored masters and no colored per- son shall be appointed guardian of a white ward." The yeas and nays were demanded. The call was not sustained. The amendment was lost. The section as read was adopted. Sections 18th, 19, 20th, 21st, 22d, 23d, 24th, 25th, 26th, 27th, 28th, 29th, 30th, 31st, and 32d, were read and adopted. Section 33d was amended by inserting after the words " they shall have " in line first the words " exclusive origi- nal." The section as amended was adopted. Section 34th, 35th and 36th were read and adopted. On motion of Mr. French, of Chowan, the vote on section 26th was reconsidered. Mr. French, moved to amend by striking out " three " and insert " four " in line ten ; eleventh line strike out " four, six and eight years " and insert " two, four, six and eight years." The amendment was adopted. The section as amended was adopted. The report of the Committee on the Judicial Department passed its third and final reading by the following vote, yeas 80, nays 20. Those who voted in the affirmative are : Messrs. Ashley, Aycllott, Barnes, Benbow, Bryan, Carey. •384 CONVENTION JOURNAL. [Session Carter, Cherry, Cliillson, Colgrove, Congleton, Cox, Dickey, Duckworth, Eppes Fisher, Forkner, Franklin, French of Bla- den, French of Rockingham, French of Chowan, Fullings, Gahagan, Galloway, Garland, Garrett, George, Glover, Gra- ham of Montgomery, Gully, Gnnter, Harris of "Wake, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hood, Flyman, Ing, Kinnejr, Lanin, Legg, Logan, Long, Mann, May, Mayo, Marshall, McDonald of Moore, Moore, Morton, Mullican, Murphy, Nance, Nicholson, Patrick, Parker, Parks, Petree, Peterson, Pierson, Ragland, Read, Renfrew, Rhodes, Rich, Robbins, Rodman, Rose, Smith, Stilly, Stilwell, Sweet, Taylor, Tourgee, Tucker, Welker and Williams of Wake— 80. Those who voted in the negative, are : Messrs. Baker, Bradley, Candler, Daniel, Dowd, Durham, Ellis, Etheridge, Hay, Hodnett, Hoffler, Hollowell, Flolt, Jones of Caldwell, King of Lincoln, King of Lenoir, Mc- Cubbins, Merritt, Pool, Sanderlin and Trogden — 20. Mr. Rich introduced an ordinance protecting the interest of consigners of freights. Referred to the Commitee of Sixteen. On motion of Mr. Heaton, the report of the Committee on Miscellaneous Affairs, was returned to that Committee to be printed and added to their regular report to be presented to the House at the next morning session. On motion the matter of pay in regard to members, who have lately occupied contested seats, was referred to the Com- mittee on Privileges and Elections. The report of the Committee on Penal Institutions, Public Charities, &c, was taken up and passed on its third and final reading and passage. Section 1st was read. Mr. Tourgee moved to amend by inserting " only," after the word, " rape." The amendment was adopted. Mr. Rodman moved to amend by striking out "shall," and insert " may." The amendment was adopted. The section, as amended, was adopted. 1868.] CONVENTION JOURNAL. 385 Sections 2d, 3d, 4th, 5th, 6th, 7th, 8th and 9th were read and adopted. Sections 10th and 11th were read and adopted. The Report of the Committee on Penal Institutions, Public Charities, etc., passed its third and. final reading, by the fol- lowing vote, yeas 79, nays 11 : Those who voted in the affirmative, are; Messrs. Abbott, Ashley, Benbow, Bradley, Bryan, Carey, Carter, Candler, Cherry, Chillson, Colgrove, Congleton, Cox, Daniel, Dickey, Duckworth, Eppes, Fisher, Forkner, Frank- lin, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Galloway, Garland, George, Glover, Graham of Montgomery, Gully, Gunter, Harris of Wake, Hay, Hayes of Robeson, Heaton, Highsmith, Hood., Hyman, Ing, Kinney, Laflin, Lee, Legg, Logan, Long, May, Mayo, Marshall, McDonald of Moore, Moore, Morton, Mulli- can, Murphy, Nance, Nicholson, Patrick, Parker, Parks, Petree, Peterson, Pierson, Pool, Ragland, Ray, Read, Rhodes, Rich, Robbins, Rodman, Smith, Stilly, Stilwell, Sweet, Teague, Tourgee, Tucker, Welker and Williams of Wake— 79. Those who voted in the negative, are : Messrs. Dowd, Durham, Ellis, Etheridge, Hobbs, Hoifrler, Holt, Lennon, McCubbins, Merritt and Sanderlin— -11. On Motion of Mr. French, of Bladen, the following ordi- nance, introduced by himself, was taken up : Section 1. Be it ordained by the people of North- Carolina, by delegates in Convention assembled, and it is hereby ordained by the authority of the same, That any person who shall seek to intimidate or try to prevent any qualified elector from the free exercise of the elective franchise, by threats or other- wise, shall be deemed guilty of a mssdemeanor, and upon conviction thereof, shall be punished by imprisonment for not less than one month or more than six months, or by fine of not less than one hundred dollars, or more than five hundred dollars. Sec 2. Be it further ordained, That this ordinance shall be in force from and after its passage, but may be amended or repealed by the General Assembly, 25 ' 386 CONTENTION JOUKNAL. [Session Mr. George moved to amend by striking out all after the words, " by the authority of the same," down to the words, "shall be punished," and inserting, "that if any person at- tempts to control the vote of any person, who is an elector in this State, by threats, bribing or force, he." Also, strike out all after the word " punished," down to- " by a fine of." On motion of Mr. Tourgee, the entire subject was commit- ted to a Committee of three, to report Thursday next. On motion, the following ordinance introduced by Mr. Heaton, was taken up. Section 1. Beit ordained by the Convention of North- Car- olina, and it is hereby ordained by the authority of the same, That Win. PI. S. Sweet, Chas. R. Button, Stephen Northrup and their associates, successor and assigns, are hereby created and constituted a body corporate and politic, by the name and style, and title of the Newbern Turpentine Company, and by that name may sue and be sued, plead and be impleaded, ap- pear, prosecute and defend in any Court of law and equity whatsoever, in all suits and actions, may have a common seal, and alter the same at pleasure, and may purchase, hold and convey real and personal estate, to an amount not exceeding two hundred and fifty thousand dollars. Sec. 2. Be it further ordained. That the first meeting of said Corporation may be called by the persons named in this ordinance, or any of them, at such time and place as they may agree upon, and at such meetings, and at all other meet- ings legally notified, said Corporation may make, alter and repeal such by-laws and regulations for the management of the business of said Corporation, as a majority of the stock may direct, not repugnant to the laws of this State, or of the United States. Sec 3. Be it further ordained, That the said Corporation may divide their original stock into such number of shares, and provide for the sale and transfer thereof, in such manner and form as said Corporation shall, from time to time, deem expedient, and may levy and collect assessments, forfeit and 1868.] CONTENTION JOUENAL. 38T sell delinquent shares, declare and pay dividends on the shares in such manner as the by-laws shall direct. Sec. 4. Be it further ordained, That it shall be the duty of the Directors, one of whom shall reside continually in the State, to have regular books of record, and transfers thereof at all times open to the inspection of the stockholders. Sec. 5. Be it further ordained, That this Corporation shall continue in force thirty years from and after the passage of this ordinance. The yeas and nays were ordered on its passage. The ordinance was adopted by the following vote, yeas 68, nays — - : Those who voted in the affirmative, are : Messrs. Abbott, Ashley, Bradley, Bryan, Carey, Carter, Chillson, Colgrove, Congleton, Cox, Duckworth, Etheridge, Fisher, Franklin, French of Rockingham, French of Chowan, Fullings, Gahagan, Galloway, George, Graham of Montgom- ery, Grant of Wayne, Grant of Northampton, Gunter, Hall, Harris of Wake, Hay, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hodnett, Hoffler, Hollowell, Holt, Hood, Hyman, Ing, King of Lenoir, Kinney, Lee, Legg, Logan, Long, Mayo, McCubbins, McDonald of Moore, Moore, Morton, Murphy, Nance, Nicholson, Patrick, Parker, Parks, Pierson, Ray, Read, Rich, Robbins, Rose, Sanderlin, Smith, Stilwell, Tucker, Welker and Williams of Wake — 68. Mr. Morton introduced, by permission, the following reso- lution : Resolved, That this Convention adjourn on Monday, the 16th instant, subject to the call of the President. On motion, the rules were suspended. After some discussion, Mr. French, of Bladen, moved to lay the whole matter on the table. The motion was not sustained. On motion of Mr. Harris, of Wake, the subject was post- poned until 10-|- o'clock Wednesday. Mr. Rodman introduced an ordinance in relation to authen- ticating," etc. Lies over under the rules. On motion, the House adjourned. 388 CONTENTION JOUENAL. [Session EVENING SESSION, March 10th, 1868. The Convention was called to order at 1\ o'clock, by the President. The roll was called and the following members answered to their names : 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 Bla- den, French of Bockinghara, French of Chowan,*Fullings, Gahagan, Galloway, Garland, Garrett, George, Graham of" Montgomery, Grant of Northampton, Gully, Gunter, Hall, Harris oi Wake, Hay, Hayes of Bobeson, Hayes of Halifax, Highsmith, Hobbs, Hodnett, Hoffler, Hollowell, Holt, Hood, Hyman, Jones of Caldwell, Jones, of Washington, King of Lincoln, King of Lenoir, Kinney, Laflin,Lee, Lennon, Logan, Long, Mann, Mayo, Marshall, MeCubbins, Merritt, Moore, Morton, Mullican, Murphy, Nance, Nicholson, Parker, Parks, Petree, Peterson, Pierson, Pool, Bagland, Bay, Bead, Ben- frow, Rhodes, Bich, Bobbins, Bose, Smith, Stilwell, Sweet, Taylor, Teague, Tourgee, Trogden, Tucker, Turner, Watts and Welker — 96. The report of the Committee on Suffrage and Eligibility to Office, having been made a Special Order for the evening, was taken up and placed on its third and final reading and passage. Section 1st was read. Mr. French moved to amend by inserting after the word " elector," in sixth line, " except as hereinafter provided." The amendment was adopted, yeas 54, nays 50. Those who voted in the affirmative are : Messrs. Abbott, Ashley, Benbow, Blume, Bryan, Carter, Candler, Chillson, Cox, Dickey, Duckworth, Fisher, Franklin, French of Bladen, French of Bockingham, Fnllings, Gahagan, Galloway, Garland, Glover, Graham of Montgomery, Hall, Hayes of Bobeson, Hayes of Halifax, Ing, Jones of Wash- ington, Kinney, Laflin, Lee, Logan, Mann, May, Mayo, Mar- shall, McDonald of Moore, Moore, Morton, Mullican, Murphy, 1868.] CONVENTION JOURNAL. 389 Parks, Petree, Ragland, Ray, Ren fro w, Robbins, Rose, Smith, Teague, Tourgee, Trogden, Tucker, Turner, Watts and "Welker— 54. Tliose who voted in the negative are : Messrs. Aydlott, Bakei*, Barnes, Bradley, Carey, Cherry, Colgrove, Congleton, Daniel, Dowd, Durham, Ellis, Ethe- ridge, Forkner, French of Chowan, Grant of Wayne, Grant of Northampton, Gully, Gunter, Harris of Wake, Hay, Heaton, Highsmith, Hobbs, Hodnett, Hofner, Hollowell, Holt, Jones of Caldwell, King of Lincoln, King of Lenoir, Lennon, Long, McCubbins, Merritt, Nance, Nicholson, Patrick, Parker, Pe- terson, Pierson, Pool, Read, Rich, Rodman, Sanderlin, Stilly, Stilwell, Sweet and Taylor — 50. The section, as amended, was adopted. Mr. French, of Bladen, offered the following as a section, to follow section 1st : " The General Assembly shall, at its first session, and as often thereafter as may be deemed necessary, provide for the registration of all voters, and no person shall be entitled to vote unless properly registered, and every person hereafter offering to register, shall take the following oath : I, , do solemnly swear (or affirm) in the presence of Almighty God, that I am a citizen of the State of North-Car- olina, that I have resided in said State twelve months next preceding this day, and in the County of thirty days, that I am twenty one years old, that I have never been con- victed of any infamous crime since becoming a citizen of the United States, that I am not, nor have I ever been disfran- chised by what is known as the Reconstruction Acts of Con- gress, and that I will faithfully support the Constitution and laws of the United States and of the State of North-Carolina, not inconsistent therewith. So help me God. " Which oath may be administered by any authorized regis- tration officer, and any person who shall knowingly and falsely take or subscribe the above oath, such person so offen- ding, and being thereof duly convicted, shall be subject to the pains, penalties and disabilities which, by law, are prescribed for the punishment of willful and corrupt perjury : Provided, 390 CONTENTION JOURNAL. [Session That only the last clause of the above oath, viz : (that I will faithfully support the Constitution and laws of the United States, and ot the State of North-Carolina, not inconsistent therewith. So help me God.) Shall be required of any per- son whose disabilities to hold office under the fourteenth Ar- ticle of the Constitution of the United States, (known as the Howard Amendment,) have been or may hereafter be re- moved by Congress, or of any person who may be (upon his own application,) declared an elector by the General Assem- bly, a majority of each House voting therefor." Mr. Heaton offered the following as a substitute for the new section of Mr. French : Section 2. It shall be the duty of the General Assembly to provide, from time to time, for the registration of all electors, but no person shall be allowed to register without first being required to take an oath or affirmation, to support the Con- stitution and laws of the United States, and laws of North- Carolina, not inconsistent therewith. Mr. Abbott offered the following oath as a substitute for the oath of Mr. Pleaton : OATH OF OFFICE. I am truly and devotedly attached to the Union of all the States, and opposed to any dissolution of the same, that I en- tertain no political sympathy with the instigators and leaders of the rebellion, or with the enemies of the Union, nor appro- bation of their principles or purposes, that I will neither by word or act encourage or countenance a spirit of sedition or disaffection towards the government of the United States or the laws thereof, and that I will sustain and defend the Union of these States, and will discourage and resist all efforts, to destroy or impair the same. The question was called on the amendment of Mr. Abbott. The yeas and nays were demanded. The amendment did not prevail by the following vote, yeas 26, nays 73 : Those who voted in the affirmative, are : 1868.] CONTENTION JOURNAL. 391 Messrs. Abbott, Ashley, Bryan, Carter, Candler, Chillson, Dickey, Duckworth, Fisher, French of Bladen, French of Rockingham, French of Chowan, Galloway, Garland, Graham of Montgomery, Hayes of Halifax, Jones of Washington, Kin- ney, Logan, May, Mayo, Morton, Petree, Rose, Teague and Weaker— 26. Those who voted in the negative, are : Messrs. Aydlott, Baker, Barnes, Benbow, Blume, Bradley, Clierry, Colgrove, Congleton, Cox, Daniel, Dowd, Durham, Ellis, Eppes, Etheridge, Forkner, Franklin, Fullings, Gahagan, George, Grant of Wayne, Grant of Northampton, Gully, Gunter, Harris of Wake, Hay, Hayes of Robeson, Fleaton, Highsmith, Hobbs, Hodnett, Homer, Hollowell, Holt, Hood, Hyman, Ing, Jones of Caldwell, King of Lincoln, King of Lenoir, Laflin, Lennon, Long, Mann, Marshall, McCnbbins, Merritt, Moore, Mullican, Nance, Nicholson, Parker, Parks, Peterson, Pierson, Pool, Ragland, Ray, Read, Renfrow, Rich, Rodman, Sanderlin, Smith, Stilly, Stilwell, Sweet, Taylor, Tucker, Turner and Watts— 73. The question recurred on the substitute of Mr. HeatoiL The yeas and nays were demanded The call was sustained. The substitute was adopted hy the following vote, yeas 74, nays 27 : Those who voted in the affirmative, are : Messrs. Abbott, Ashley, Aydlott, Barnes, Benbow, Blume, Bryan, Carey, Carter, Chillson, Colgrove, Congleton, Cox, Duckworth, Eppes, Forkner, Franklin, French of Bladen, French of Chowan, Fullings, Galloway, George, Graham of Montgomery, Grant of Wayne, Grant of Northampton, Gully, Gunter, Hall, Harris of Wake, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hood, Hyman, Jone3 of Caldwell, King of Lincoln, Laflin, Logan, Long, Mann, Mc- Donald of Moore,. Moore, Morton, Mullican, Murphy, Nance, Nicholson, Parker, Parks, Petree, Peterson, Pierson, Pool, Ragland, Ray, Read, Renfrow, Rich, Rodman, Rose, Smith, Stilly, Stilwell, Sweet, Taylor, Teague, Tourgee, Trogden, Tucker, Turner, Watts and Welker — 74. 392 CONTENTION JOURNAL. [Session Those who voted in the negative are : Messrs. Baker, Bradley, Candler, Daniel, Dowd, Durham,, Ellis, Etheridge, Eisher, French of Rockingham, Gahagan, Garland, Hay, Hodnett, Hoffler, Hollowell, Holt, lug, Jones of Washington, Kinney, Lenn on, May, Mayo, Marshall, Mc- Cubbins, Merritt and Sanderlin — 22. Mr. French, of Bladen,, moved to amend the substitute. The Chair ruled the amendment out of order. From which decision an appeal was taken, when the Chair was sustained. Mr. French, of Bladen, moved to reconsider the vote onth.gr substitute. Pending which, the House adjourned. WEDNESDAY, March 11th, 1868: The Convention was called to order at 11 o'clock, by the President. Prayer by the Rev. Mr.. Lennon. The Roll was called and the following members answered to their names : Messrs. Abbott, Ashley, Aydlott, Baker, Barnes, Benbow,. Blume, Bradley, Bryan, Carey, Carter, Candler, Cherry, Chil- son, Colgrove, Congleton, Cox, Daniel, Dickey, Duckworth,, Durham, Ellis, Eppes, Etheridge, Fisher, Forkner, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Galloway, Garland, Garrett, George, Glover, Gra- ham of Montgomery, Grant of Northampton, Gully, Gunter, Hall, Harris of Wake, Harris of Franklin, Hay, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hodnett,, Hoffler, Holt, Hood, Hyman, Ing, Jones of Caldwell, Jones of Washington, King of Lincoln, King of Lenoir, Kinney,. Laflin, Lee, Legg, Lennon, Logan, Long, Mann, Mayo, Mc_ Cubbins, Merritt, McDonald of Moore, Moore, Morton, Mul- liean, Murphy, .Nance, Newsom, Nicholson, Patrick, Parker,, Parks, Petree, Peterson, Pierson, Ragland, Ray, Read, Ren- frew, RhodeSj Rich, Robbins, Rose, Sanderlin, Smithy Stilly,, 1868.] CONVENTION JOURNAL. 393 Taylor, Teague, Tourgee, Trogden, Tucker, Turne^ Watts, Welker and Williams of Wake — 106. The Journal of Tuesday was read and approved. The following ordinance to amend the Charter of the Chat- ham Rail Road, was taken up and passed its first reading : AN ORDINANCE TO AMEND THE CHARTER OF THE CHATHAM RAIL ROAD COMPANY. Section. 1. Be it ordained hy the people of 'North- Carolina* in Convention assembled, That to enable the Chatham Rail Road Company to finish its road, the Publie Treasurer is- hereby authorized and directed to deliver to the President and Directors of the said Rail Road Company, the coupon bonds of the State to an amount not exceeding twelve hun- dred thousand dollars, ($1,200,000,) signed by the Governor,, countersigned by the Public Treasurer and sealed with " The Great Seal of the State," bearing six per eent. interest, the principal payable at the end of thirty years from the date thereof and the coupons of interest payable semi-annually, in such form as the Publie Treasurer may direct, to be made payable at such time and place as may be agreed upon by the Publie Treasurer. Sec. 2. Be it further ordained, That before the Public Treasurer shall deliver any of said bonds hereby authorized the said Chatham Rail Road Company [shall deposit] with the Public Treasurer the coupon bonds ol said Company for the same amount and bearing the same interest and date, the principal and coupons payable at the same time and place as; those of the State hereinbefore directed to be issued and paid over to the Chatham Rail Road Company, and to secure the principal and interest of said bonds issued by the Chatham Rail Road Company, the State ot North-Carolina shall by this ordinance have a lien upon all the estate of said Compa- ny, both real and personal, which they may now have or may hereafter acquire, between the City of Raleigh and the Gulf, the terminus of said Rail Road in the Coalfields, including that at both points, together with all the rights,, franchises- •SU CONVENTION" JOURNAL. [Session •and powers thereunto belonging or appertaining, or that may hereafter belong or appertain to said Company, which lien shall be more effectually secured by a first mortgage duly 'executed bj said Company to the State and registered in the Register's office in the Counties of Wake and Chatham, and in case of failure of said Company to pay the semi-annu- al interest on its bonds for twenty four months after such in- terest shall become due, or to pay the principal of said bonds for twelve months after their maturity, the Board of Internal Improvements for and in behalf of the State may enter upon and take possession of all the property hereinbefore specified and dispose of the same by sale so as to protect the State. Sec. 3. Be it further ordained, That the Chatham Kail Road Company may at any time before maturity take up the bonds of said Company deposited with the Public Treasurer by substituting in lieu thereof coupon bonds of the State or other indebtedness of the State. Sec. 4. Be it further ordained, That the State shall have the privilege at any time within eight years from the passage of this ordinance to subscribe stock in said Company to the amount of six hundred thousand dollars ($600,000) in shares of one hundred dollars ($100) each, and upon certificate of stock being issued to the State by said Company for the same, to surrender the bonds of said Company which had previously been delivered to the State under the provisions of this ordi- nance. Sec. 5. Be it further ordained, That this ordinance shall take effect and be in force from and after its passage. On motion the rules were suspended. The yeas and nays were demanded. The ordinance was adopted by the following vote, yeas 81, nays 14 : Those who voted in the affirmative, are: Messrs. Abbott, Andrews, Ashley, Baker, Blume, Bradley, Bryan, Carey, Carter, Candler, Cherry, Chillson, Colgrove, ■Oongleton, Cox, Daniel, Dickey, Dowd, Eppes, Etheridge, Fisher, Forkner, Franklin, French of Bladen, French of Bockinghaim, French of Chowan, Fullings, Gahagan^ Gallo- 1868.] CONTENTION JOURNAL. 395 ■way, Garland, Glover, Graham of Montgomery, Grant of Wayne, Gully, Gunter, Hall, Harris of Wake, Harris of Franklin, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hollowell, Holt, Hood, Hyinan, Ing, Jones of Caldwell, Kinney, Laflin, Lee, Legg, Lennon, Logan, Long, Mann, May, Mayo, Marshall, McCubbins, Merritt, McDonald of Moore, Moore, Morton, Mullican, Murphy, Nance, Patrick, Pierson, Ragland, Read, Renfrow, Rich, Rodman, Stilly, Sweet, Taylor, Trogden, Tucker, Watts, and Williams of Wake.— 81. Those who voted in the negative, are : Messrs. Aydlott, Duckworth, Ellis, George, Grant of North- ampton, Hay, Jones of Washington, King of Lenoir, Parker, Peterson, Rhodes, Sanderlin Turner, and Welker — 14. The following report of the Committee on Internal Im- provement was taken up : REPORT OP COMMITTEE ON INTERNAL IM- PROVEMENT. The Committee on Internal Improvement to whom was referred the ordinance relating tothe Western Rail Road Com- pany have instructed me to report the 1st section to the Con- vention. O. S. HAYES, Acting Chairman. AN ORDINANCE TO CHANGE THE MANNER OF PAYMENT OF THE STATE'S SUBSCRIPTION TO THE CAPITAL STOCK OF THE WESTERN RAIL ROAD COMPANY. Section 1. Be it ordained by the people of North-Carolina, in Convention assembled, and it is hereby ordained by the au- thority of the same, That the Western Rail Road Company is hereby authorized to return to the Public Treasurer the sum of one million of dollars of the second mortgage bonds 396 CONTENTION JOURNAL. [Session of the Wilmington and Rutherford Rail Road Company, which amount has heretofore been paid by the Public Treas- urer to said Company, as the payment of the subscription of the State to the capital stock of said Company, under the au- thority of the third section of the act of the General Assem- bly, entitled " An act to enable the Western Rail Road Com- pany to extend its road across the North-Carolina Rail Road to the Virginia line, near Mount Airy, in the County of Sur- ry," ratified the 25th day of February, 1867, and in place there- of the Public Treasurer is hereby authorized and directed to make and deliver to said Western Rail Road Company, one million of dollars of the coupon bonds of the State of North- Carolina, signed by the Governor and countersigned by the Public Treasurer, bearing interest at the rate of six per cent, per annum, the principal and interest payable at such time and such manner and place as the Governor and Public Treasurer may prescribe. The Committee on Internal Improvement to whom was re- ferred the Ordinance relating to the Western Rail Road Com- pany, have had the same under consideration and recommend the passage of the 2nd section of said ordinance. O. S. HAYES, Acting Chairman. Section 2. Be it ordained hy the people of North- Carolina in Convention assembled, dkc, That so much of the third sec- tion of the act of the General Assembly, entitled " An act to enable the Western Rail Road Company to complete its road from the Coalfields, in Chatham County, to some point on the North Carolina Rail Road," ratified the 22d December, 1866, as prohibits said Company from negotiating its bonds " at not less than par," be, and the same is hereby repealed ; and that this Ordinance shall be in force from and after its passage. 1868.] CONVENTION JOURNAL. 397 On motion, the rules were suspended. Mr. Sweet offered the following amendment to section two : " That no part of the $1,000,000 of bonds to the Western Hail Road Company shall be delivered to said Company, until the President and Directors thereof, shall execute and deliver to the Governor of the State, a first mortgage on the entire road and its property ; conditioned to save the State harm- less against the loss of both principal and interest of said loan." Mr. Tourgee offered to amend this amendment, by adding the words after section 1st as section 2d : " and the State shall relinquish all claim to stock in said road." Mr. Tourgee withdrew his amendment. The amendment of Mr. Sweet was accepted by Mr. Mann. Mr. Laflin moved to amend by striking out " one million " and insert "one half million." The amendment was accepted by Mr. Mann. The yeas and nays were demanded on the ordinance as amended. The ordinance as amended was adopted by the following vote yeas 68, nays 18 : Those who voted in the affirmative are : Messrs. Abbott, Andrews, Ashley, Baker, Benbow, Blume, Bradley, Bryan, Carey, Carter, Candler, Cherry, Chillson, Colgrove, Congleton, Cox, Dickey, Dowd, Eppes, Fisher, Forkner, French of Bladen, French of Rockingham, Fullings, Gahagan, Galloway, Garland, Graham of Montgomery, Grant of Wayne, Gully, Gunter, Hall, Harris of Wake, Harris of Franklin, Hayes of Robeson, Hayes of Halifax, Highsmith, Hobbs, Hood, Hyman, Ing, Jones of Caldwell, Kinney, Laf- lin, Lee, Legg, Logan, Long, Mann, Mayo, Marshall, McDon- ald of Moore, Murphy, Nance, Patrick, Parks, Pierson, Rag- land, Read, Renfrow, Rich, Sweet, Teague, Tourgee, Trogden, Tucker, Watts, and Welker— 68, Those who voted in the negative, are : Messrs. Aydlott, Duckworth, Ellis, George, Grant of Nort- hampton, Hay, Jones of Washington, King of Lenoir. Len- 398 CONVENTION JOURNAL. [Session non, McCubbins, Moore, Nicholson, Parker, Peterson, Rhodes, Rose, Sanderlin, and Williams of Wake — 18. Mr. Tourgee moved to reconsider the vote on the ordi- nance relative to the Western Eail Road Company. Mr. Hood moved to lay the motion on the table. The motion was sustained. The following report of the Committee of Seventeen was taken up : The Committee of Seventeen to w x hom was referred the or- dinance entitled " an ordinance to aid the Williamston and Tarboro' Rail Road Company, have had the same under con- sideration and ask to report the same back to the Convention with a recommendation that said bill be passed with one amendment, viz : between the letter " a " and the word " mortgage " in the fourth line of section 2d, insert the word ''first," all of which is respectfully submitted. D. HEATON, Chairman, The report was accepted and adopted. AN ORDINANCE TO AID THE WILLIAMSTON AND TARBORO' RAIL ROAD COMPANY. Section 1. Be it ordained by the people of North- Carolina in Convention assembled, That whenever the President of said Company shall certify to the Governor of the State, that said road is graded, he shall direct the Public Treasurer, to loan in behalf of the State to said Company, the sum of one hundred and fifty thousand dollars in coupon bonds, and said Company shall set aside the receipts of the road, over and its annual expenses as a sinking fund to pay the said debt and interest, the whole amount of said debt and interest to be paid before the said Company shall order any dividends on the stock of the Company, and that said sinking fund so produced shall be semi-annually paid into the Public Trea- sury. Sec. 2. Be it further ordained, That no part of said loan or bonds shall be delivered to said Company until the Presi- 1868.] ■ CCXffVENTIOlS" JOURNAL. 399 dent and Directors thereof shall execute and deliver to the Governor of the State a mortgage on the entire road and its property, conditioned to save the State harmless, against the loss of both principal and interest of said loan. Sec. 3. Beit further ordained, That the coupon bonds loan- ed as aforesaid shall be signed by the Governor, countersigned by the Treasurer, and sealed with The Great Seal of the State, bearing six per centum interest, the principal payable at the end of thirty years from the date thereof and the cou- pons for the interest payable semi-annually in such form as the Public Treasurer may direct. Sec. 4. Be it further ordained, That said Company may have the exclusive right of transporting persons and freight uoon said road at such rates of charges as the Board of Direc- tors may fix, and may have power to farm or lease the same to any person or persons or corporation. Sec. 5. Be it further ordained, That the stockholders of the said Company may pay the stock subscribed by them either in money, labor or material, for constructing said road, as the Board of Directors may determine, and that all Coun- ties and Towns, subscribing stock to said Company, shall do so in the same manner and under the same rules, regulations restrictions, as set forth and prescribed in the act incorpora- ting said Company. Sec. 6. Be it further ordained, That this ordinance shall be in force and take effect from and after its passage. Mr. Baker amended by striking out the word " said," in second line, and insert " the Williamston and Tarboro' Rail Road." The yeas and nays were demanded. The demand was sustained. The ordinance passed, as amended, by the following vote : Those who voted in the affirmative are : Messrs. Abbott, Ashley, Baker, Benbow, Blume, Bryan, Carey, Carter, Cherry, Chillson, Colgrove, Congleton, Cox, Dowd, Fisher, Forkner, French of Bladen, French of Chowan, Fallings, Gahagan, Graham of Montgomery, Grant of Wayne, Gully, Gunter, Harris of Wake, Harris of Franklin, Hayes of 400 CONVENTION JOURNAL. [Session Robeson, Hayes of Halifax, Heaton, Highsmith, Hobbs, Holt, Hood, Ing, Kinney, Laflin, Legg, Long, Mann, May, Mayo, Marshall, Murphy, Nance, Pierson, Ragland, Read, Renfrow, Rich, Rodman, Stilly, Sweet, Tucker, Watts and Welker— 55. Those who voted in the negative are : Messrs. Aydlott, Barnes, Daniel, Duckworth, Ellis, George, Grant of Northampton, Jones of Washington, King of Lenoir, Parks, Rhodes, Rose, Sanderlin and. Williams of Wake — 15. Mr. Hayes, of Halifax, moved a reconsideration of the vote. Mr. Dowd moved to lay the motion on the table- The motion was sustained. The following report of the Committee on inquiry on the validity of acts, etc., was received and adopted ; The Committee to whom the foregoing resolution was re- ferred, respectfully report : That they were not directed to enquire whether in fact the presiding officer of this Convention was a registered voter or not. They, therefore, did not enquire into these matters of fact, but assumed for the purposes of the inquiry, as seems to be assumed in the resolution, that he was not registered, and was not entitled to register. Your Committee are not aware of any way in which the authenticity or the validity of enact- ment can be brought into question judicially, upon the ground supposed. They are not aware of any case in which the validity of Legislative enactment has been questioned, on the ground that any member of the enacting body was disqualified, or that the Speaker was disqualified, No one can look behind the Statute itself, if the body enacting it was possessed of Legislative power. 2d. Again, by the Reconstruction Acts of Congress, the power is conferred on the General Commanding, of the Se- cond District, to judge of the elections and qualifications of the members of this Convention. In several case's where seats were contested, the General referred it to the Conven- tion to decide upon these qualifications, so that this Conven- tion possesses the power usual, if not indispensible to Legisla- tive bodies, of deciding who are, and who are not, lawfully its members. 1868.] CONVENTION JOUKNAL. 401 The General was obliged to pass on, and did pass on and -decide in favor of the legal qualification of the delegate from Wilkes, who presides in this body. The decision of the Gen- eral must be assumed to be correct by this Convention and by every other legislative or judicial body before whom the question may come, until it shall be reversed by this Conven- tion, acting in the regular and accustomed manner. This Convention has taken no such action. If it shall here- after do so, then the seat of the delegate will be vacated by him, but the validity of no act previously passed would be thereby impaired, although it might have been passed by a majority of a single vote, which was that of the delegate whose seat was vacated. It is upon this ground that the ousted delegate is entitled to draw his pay until he is ousted, It is a well known principle of law, that the acts of officers de-facto cannot be collaterally impeached. This principle has been otten applied to hold valid the acts of Sheriffs and other similar officers who were in office, but not rightfully so. Also, to hold valid marriages performed by Justices of the Peace and Ministers who had not been duly commis- sioned or licensed, but habitually performed the functions of those offices. It is conceived that this principle completely covers the case of the presiding officer of this body. 3d. Your Committee conceive that it will be the duty of this Convention, by ordinance, to provide some means by which the acts and proceedings of the body shall be authenti- cated. The usual method of doing this is by certificate of the presiding officer and the Secretary. But it is not the only one possible. The Convention might, if it thought proper, require its acts to be authenticated by the certificate of the President alone, or of the Secretary alone. And your Com- mittee are of opinion that whatever mode of authentication of its acts and ordinances should be ordained by this Conven tion, whether it be by certificate signed by the President and Secretary, or by one of them alone, will be sufficient, and can never admit of any doubt or produce any difficulty. -26 402 CONTENTION JOURNAL. [Session And the Committee ask to be discharged from the further consideration of the subject. WILL. B. RODMAN, DAYID HEATON, C. C. POOL. On motion of Mr. Pool, the yeas and nays were demanded on the motion of Mr. Hood to lay the motion of Mr. French, of Bladen, on the table, which motion was the reconsideration of the vote on the substitute of Mr. Heaton, passed as section 2d of the Article of Suffrage. The call was sustained. The motion was laid on the table by the following vote : Those who voted in the affirmative are : Messrs. Abbott, Ashley, Aydlott, Baker, Barnes, Benbow, Blume, Bradley, Bryan, Carey, Carter, Cherry, Chillson, Col grove, Congleton, Cox, Daniel, Dickey, Dowd, Duckworth, Forkner, French of Chowan, Garrett, George, Grant of Wayne, Grant of Northampton, Gully, Gunter, Hall, Harris of Wake, Harris of Franklin, Hay, Heaton, Hobbs, Hollo- well, Hood, Hyman, Ing, Jones of Caldwell, Jones of Wash- ington, King of Lenoir, Kinney, Laflin, Legg, Logan, Long, May, Mayo, Marshall, Murphy, Nance, Nicholson, Patrick, Parker, Parks, Petree, Peterson, Pierson,Pool, Ragland, Ray, Read, Renfrow, Rhodes, Robbins, Rodman, Smith, Stilly, Sweet, Teague, Trogden, Tucker, Watts, Welker and Wil- liams of Wake — 75. Those who voted in the negative, are : Messrs. Candler, Durham, Ellis, Etheridge, Fisher, French of Bladen, Gahagan, Garland, Graham of Montgomery, Mer- ritt, Rose and Sanderlin— 12. Section 3d of the Article was read and adopted. The majority report of the Committee on Suffrage passed its third and final reading by the following vote, yeas 80, nays 8: Those who voted in the affirmative are : Messrs. Abbott, Ashley, Aydlott, Baker, Rarnes, Benbow, Blume, Bradley, Bryan, Carey, Carter, Cherry, Chillson, Col- grove, Congleton, Cox, Daniel, Dickey, Dowd, Duckworth 1 1868.] CONVENTION JOURNAL. 403 Eppes, Fisher, Forkner, French of Chowan, George, Grant of Wayne, Grant of Northampton, Gully, Gunter, Hall, Harris of Wake, Harris of Franklin, Hay, Heaton, Hobbs, Hoffler, Hol- lowell, Hood, Hyinan, Ing, Jones of Caldwell, Jones of Wash- ington, King of Lenoir, Laflin, Legg, Logan, Long, May, Mayo, Marshall, McDonald of Moore, Moore, Mullican, Murphy, Nance, Nicholson, Patrick, Parker, Parks, Petree, Peterson, Pierson, Pool, Ragland, Kay, Read, Renfrow, Rhodes, Rob- bins, Rodman, Rose, Smith, Stilly, Sweet, Teague, Tucker, Turner, Watts, Welker and Williams of Wake — 80. Those who voted in the negative are : Messrs. Candler, Durham, Ellis, Gahagan, Graham of Montgomery, McCubbins, Merntt and Sanderlin — 8. The Article on Eligibility to Office was taken up and placed on its third and final reading and passage. Section 1st was read and adopted. Section 2d was read. Mr. Pool moved to amend by adding after the word " crime," on fifth line, the words, " since becoming citizens of the United States." The amendment was adopted. Mr. Marshall offered to amend by adding to the section, " or disqualified by the fourteenth Article of the Constitution of the United States, 1 ' Mr. Bryan offered to amend by inserting after the word " citizen," " those debarred from holding office by the four- teenth Article of the Constitution of the United States, known as the Howard Amendment." Mr. Bryan withdrew his amendment. Mr. French, of Chowan, offered the following as a substi- tute to the amendment of Mr. Marshall : " All persons who have previously taken an oath as a mem- ber of Congress, or as an officer of the United States, or as a member of any State Legislature, or as an Executive or Judi- cial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection- or rebellion against the same, or given aid and comfort to the enemies 404 CONVENTION JOURNAL. [Session thereof, until such disability be removed by the Congress of the United States." The yeas and nays were demanded. The substitute was not adopted, yeas 35, nays 58. Those who voted in the affirmative are : Messrs. Abbott, Ashley, Benbow, Bryan, Carter, Candler, Chillson, Dickey, Duckworth, Fisher, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Garland, Graham of Montgomery, Hayes of Robeson, Hayes of Halifax, Ing, Jones of Washington, Kinney, Logan, May, Mar- shall, Murphy, Parks, Petree, Ragland, Ray, Rhodes, Rose, Smith, Tucker and Turner — 35. Those who voted in the negative are : Messrs. Aydlott, Baker, Barnes, Blnme, Bradley, Carey, Cherry, Cowles, Colgrove, Congleton, Cox, Daniel, Dowd, Durham, Ellis, Etheridge, Forkner, George, Grant of North- ampton, Gully, Gunter, Hall, Harris of "Wake, Harris of Franklin, Hay, Heaton, Highsmith, Hobbs, Hoffler, Holt, Hyman, Jones of Caldwell, King of Lenoir, Laflin, Legg, Lennon, Long, McCubbins, Merritt, McDonald of Moore, Moore, Morton, Mullican, Nance, Nicholson, Patrick, Parker, Pierson, Pool, Read, Rich, Rodman, Sanderlin, Stilly, Teague, Trogden, Welker and Williams of Wake — 58. The question recurred on the amendment of Mr. Marshall. The yeas and nays were demanded. The demand was sustained. The amendment was lost by the following vote, yeas 40, nays 57: Those who voted in the affirmative are : Messrs. Abbott, Ashley, Benbow, Blume, Bryan, Carter, Candler, Chillson, Dickey, Fisher, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Gar- land, Graham of Montgomery, Hall, Harris of Franklin, Hayes of Robeson, Hayes of Halifax, Ing, Jones of Washing- ton, Kinney, Logan, May, Marshall, Mullican, Murphy, Parks, Petree, Rag] and, Ray, Rhodes, Robbins, Rose, Smith, Teague, Tucker and Turner — 40. Those who voted in the negative, are : 1868.] CONVENTION JOURNAL. 405 Messrs. Aydlott, Baker, Barnes, Bradley, Carey, Cherry, Colgrove, Congleton, Cowles, Cox, Daniel, Dowd, Durham, Ellis, Etheridge, George, Grant of Northampton, Gully, Gunter, Harris of Wake, Hay, Heaton, Highsmith, Hobbs, Hoffler, Hollowell, Holt, Hood, Hyman, Jones of Caldwell, King of Lenoir, Lafiin, Legg, Lennon, Long, Mayo, McCub- bins, Merritt, McDonald of Moore, Moore, Morton, Nance, Nicholson, Patrick, Parker, Peterson, Pierson, Pool, Head, Rich, Rodman, Sanderlin, Stilly, Sweet, Trogden, Welker and Williams of Wake — 57. Section 2d, as read, was adopted. The article on Eligibility to Office then passed its third and final reading by the following vote, yeas 76, nays 9 : Those who voted in the affirmative are : Messrs. Abbott, Ashley, Aydlott, Baker, Barnes, Benbow, Blume, Bryan, Carey, Carter, Cherry, Chillson, Colgrove, Congleton, Cowles, Cox, Daniel, Dickey, Dowd, Duckworth, Eppes, Forkner, French of Chowan, Gahagan, George, Grant of Northampton, Gully, Gunter, Hall, Harris of Wake, Harris of Franklin, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hoffler, Hollowell, Flood, Hyman, Jones of Caldwell, Jones of Washington, King of Lenoir, Kinney, Lafiin, Long, Mayo, McDonald of Moore, Moore, Morton, Mullican, Murphy, Nance, Nicholson, Patrick, Parker, Parks, Petree, Peterson, Pierson, Pool, Ragland, Ray, Rhodes, Rich, Robbins, Rod- man, Rose, Smith, Stilly, Sweet, Teague, Tucker, Turner, Welker, Williams of Wake and Williamson — 76. Those who voted in the negative, are : Messrs. Candler, Durham, Etheridge, Garland, Graham of Montgomery, Holt, Ing, Merritt and Sanderlin — 9. Mr. Abbott introduced a petition of divorce from Joel Evans. Referred to the Committee of seventeen. Mr. Harris, by permission, introduced the following resolu- tion : Resolved, That no delegate of this Convention shall receive any further pay until after the adjournment, without the consent of the Convention. 106 CONVENTION JOURNAL. [Session Mr. King, of Lenoir, moved to lay the resolution on the table. The motion prevailed. Mr. Harris gave notice that he would renew his resolution in the morning. Mr. Pool, Chairman of the Committee on Enrollment, re- ported : That the Committee have compared the enrolled Articles on Homesteads, Municipal Corporation, and Finance, and certify the same to be correct. C. C. POOL, Chairman. Mr. French, of Chowan, moved to reconsider the vote on section 4th of the Article on the Judicial Department. Pending which, on motion, the House adjourned. EVENING SESSION, March 11th, 1868. The Convention was called to order at 1\ o'clock, by the President. The Poll was called, and the following members answered to their names : Messrs. Andrews, Ashley, Aydlott, Baker, Benbow, Blume, Bradley, Bryan, Carter, Cherry, Chillson, Congleton, Cox, Duckworth, Ellis, Eppes, Ethericlge, Forkner, Franklin, French of Bladen, French of Pockingham, French of Chowan, Fullings, Gahagan, Galloway, George, Grant of Northamp- ton, Gully, Gunter, Hall, Harris of Wake, Harris of Franklin, Hay, Hayes of Robeson, Hobbs, Homer, Hollowell, Hood, Hyinan, Ing, Jones of Caldwell, Jones of "Washington, King of Lenoir, Kinney, Lee, Legg, Lennon, Logan, Long, Mayo, Marshall, McCubbins, Merritt, McDonald of Moore, Moore, Mullican, Nance, Newsom, Nicholson, Parker, Petree, Pier- son, Ray, Robbins, Rose, Sanderlin, Stilly, Stilwell, Sweet, Teague, Trogden, Tucker, Turner, Watts, Welker and Wil- liamson — 76. 1868.] CONTENTION JOURNAL. 407 The ordinance of Relief introdnced by Mr. Rodman was taken up and discussed. Mr. Pool offered, as a substitute for the ordinance of Mr. Rodman, an ordinance entitled AN ORDINANCE TO PREVENT THE SACRIFICE OF THE PROPERTY OF DEBTORS. Whereas, Credit being usually extended upon the esti- mated value of property owned, such value, at the time, be- comes of the essence of the contract, and a condition of the same ; and, whereas, by reason of the present extraordinary depreciation of the value of property, owned by the citizens of North-Carolina, sales for the payment of debts, in the pres- ent condition of public affairs, would be not only unjust, but utterly ruinous to debtors, and paralyzing to every branch of industry and enterprise ; therefore, Section 1. Be it ordained by the people of North- Carolina in Convention assembled, and it is hereby ordained by the au- thority of the same, That hereafter, when any sheriff, consta- ble, or other officer shall levy an execution on property for the satisfaction of any judgment, order or decree rendered, or which may hereafter be rendered, or shall have in his hands any pre- cept for the sale of property heretofore levied upon, such sheriff, .constable or other officer, shall summon three disinterested freeholders from the vicinity of such property, who shall view the same, and assess its real value at the date the contract upon which such execution or precept is based, which assess- ment shall be endorsed upon such execution or precept, and signed by the said freeholders. Sec, 2. Be it further ordained, That no sale shall be made of property for the satisfaction of any judgment, order, or de- cree already rendered, or that may hereafter be rendered or made, unless the amount of said assessed value be bid or paid for the same. And, in case there shall be no bid to the amount of the said assessed value, the sheriff, constable or other officer shall make return of the fact to court to which such exe- cution, order or precept may be returnable ; and upon such 408 CONTENTION JOURNAL. [Session return being made, either party, having given the other ten days notice in writing, may move the court to re-assess such property ; and upon its appearing to the court" that the as- sessment by the freeholders was not the true value of the pro- perty at the date of the contract, for the satisfaction of which a sale is sought to be made, the court shall proceed to hear testimony, and to re-assess the same at its true value at the date aforesaid ; from which re-assessment by the court either party may appeal as now provided by law in other cases. Sec. 3. Be it further ordained, That this ordinance shall be subject to amendment, modification or repeal by any future Legislature of the State. Sec. 3. Be it further ordained, That this ordinance shall take effect from and after its passage. As amended by inserting after the word "-turn," in the eighth line, the following words : " return no sale for want of competition among bidders, according to law,, and return the same," and striking out the words, " of the fact." Mr. Pool also accepted the following amendment: Insert between the words " the " and " amount," on the fourth and sixth lines, the words "three-fourth of." Mr. Watts moved to amend section 2d by adding the fol- lowing to the section ;. u Provided, That nothing contained in the section shall be construed to prevent the debtor from consenting to the sale of. the property and authenticating the execution of the title." The amendment was accepted by Mr. Pool. The substitute was put to the House and lost by the follow- ing vote : Those who voted in the affirmative, are : Messrs. Abbott, Andrews, Ashley, Barnes, Benbow, Blume, Bradley, Bryan, Carey, Cox, Duckworth, Forkner, Fullings, Gahagan, George, Glover, Grant of Northampton, Hall, Hay, Heaton, Hollowell, Jones of Caldwell, King of Lincoln, King of Lenoir, McCubbins, Mullican, Nicholson, Parker, Peterson, Pool, Pay, .Renfrew, Eobbins, Teague, Trogden and Tuck- er — 36. Those who voted in the negative, are i 1868.] CONTENTION JOURNAL. 409 Messrs. Aydlott, Baker, Cherry, Chillson, Congleton, Ellis, Eppes, Etheridge, Fisher, French of Bladen, French of Rock- ingham, Gnnter, Harris of Franklin, Hayes of Robeson, Hobbs, Ing, Jones of Washington, Kinney, Lafiin, Logan, Long, Mayo, Marshall, Merritt, McDonald of Moore, Moore, Morton, Nance, Patrick, Parks, Ragland, Read, Rhodes, Rich, Rodman, Rose, Sanderlin, Stilly, S til well, Sweet, Tur- ner, Watts, Welker and Williamson- — 44. The question recurred on the ordinance introduced by Mr* Rodman. The ordinance was lost by the following vote : Those who voted in the affirmative, are : Messrs. Abbott, Aydlott, Blume, Chilson, Etheridge, French of Chowan, Glover, Gunter, Harris of Franklin, Hay, Lafiin, Long, Mayo, Marshall, Merritt, McDonald of Moore, Moore, Nance, Newsom, Patrick, Ragland, Read, Rich, Rodman, Sanderlin, Stilly, Stilwell, Sweet, Turner, Welker and Wil- liamson — 31. Those who voted in the negative are : Messrs. Andrews, Barnes, Benbow, Bradley, Bryan, Carey, Colgrove, Congleton, Cox, Duckworth, Ellis, Eppes, Forkner, French of Bladen, French of Rockingham, Fullings, Gaha- gan, George, Grant of Northampton, Hall, Hayes of Robeson, Hobbs, Hollowell, Ing, Jones of Washington, King of Lin- coln, King of Lenoir, Kinney, Logan, McCubbins, Morton, Mullican, Nicholson, Parker, Parks, Petree, Pool, Ray, Ren- frow, Rhodes, Robbins, Rose, Teagne, Trogden and. Tuck- er — 45. Mr. Abbott introduced the following resolution :. Jtesolved, That the President of this Convention is author- ized and directed to appoint W. H. S. Sweet a Committee to visit Charleston and confer with Major General E. R. S. Canby, Commanding the Second Military District, in relation to the approaching election, the manner of conducting the same, and what is required by this Convention in regard to the same, and report back to the body before the Conven- tion adiourns* 410 CONVENTION JOURNAL. [Session On motion, the rules were suspended, and the resolution passed. Mr. Morton gave notice that he would move to reconsider the vote on the Belief Ordinance introduced by Mr. Rodman. On motion the House adjourned. THURSDAY, March 12th, 1868. The Convention was called to order at 10 o'clock, by the President. Prayer by the Rev. Mr. Branson. The roll was called and the following members answered to their names : Messrs. Abbott, Andrews, Ashley, Aydlott, Baker, Barnes, Benbow, Blume, Bradley, Bryan, Carey, Carter, Candler, Cherry, Chillson, Colgrove, Congleton, Cox, Dickey, Dowd, Duckworth, Ellis, Eppes, Etheridge, Fisher, Forkner, Frank- lin, 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, Gunter, Hall, Harris of Franklin, Hay, Hayes of Robeson, Hayes of Halifax, Heaton, High- smith, Hobbs, ITodnett, Hoffler, Hollowell, Holt, Flood, Hy- man, Ing, Jones of Caldwell, Jones of Washington, King of Lincoln, King of Lenoir, Kinney, Laflin, Lee, Legg, Lennon, Logan, Long, May, Majo, Marshall, McCubbins, Merritt, Mc- Donald 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, Stilwell, Taylor, Teague, Tourgee, Tucker, Turner, Watts, Welker, Williams of Wake, and Williamson — 109. Leave of absence was granted Messrs. Ing, Long, Garland, •and Garrett. On motion, the rules were suspended. On motion, the order of adjournment was recinded. The Chair announced the following Committee to report 1868.] CONVENTION JOURNAL. 411 in relation to the ordinance respecting the Intimidation of voters : Messrs. Tourgee, Ellis, and Harris of Wake, with instruc- tions to report at Friday evening's session. Mr. Morton's resolution on adjournment was taken up. Mr. Abbott introduced the following as a substitute for the resolution of Mr. Morton Which, on motion, was adopted: Resolved, That when the Convention adjourn, it be at the call of the President, or in case of his death, by the Secreta- ry, or in case of his death, at a call signed by a majority of the delegates. This authority to re assemble the Convention shall cease after January 1st, 1869. The following resolution introduced by Mr. Ashley was read and adopted. Resolved, That this Convention will adjourn on or before Tuesday, 17th instant, at 12 o'clock, M. The Committee to whom was referred the resolution in favor of reducing the tax on spirits of turpentine, report that they have had the same under consideration and deem further action inexpedient, and ask to be discharged from a further consideration of the subject. The report was accepted and adopted. The report of the Committee on Relief from Political Dis- abilities was received and discussed. During the discussion Mr. Durham made 'use of the fol- lowing language, which was ordered to be entered on the Journal : "This report is a fraud upon the people of North-Carolina, and it is so intended to be. The Secretary may take my words down. I don't care for the Secretary or the Convention either." Mr. Heaton introduced an ordinance in relation to the ap- pointment of Code Commissioners. Lies over under the rules. Mr. Baker offered the following as a substitute for the re- port of the Committee on Relief from Political Disabilities s Resolved, That the Congress of the United States be re- 412 CONVENTION JOURNAL. [Session spectfully requested to remove the political disabilities from all persons in North-Carolina prevented by the Reconstruc- tion Acts or the proposed 14th Article, from voting or hold- ing office. Mr. King, of Lenoir, offered to amend by adding to the sub- stitute the words, " All that are in favor of universal suffrage to all male persons over twenty-one years of age, without dis- triction of race or color." On motion, the amendment to the substitute was adopted. The substitute as amended was put to the House. The yeas and nays were called. The call was sustained. The substitute was lost by the following vote : Those who voted in the affirmative are : Messrs. King of Lenoir, Read, and "Williams of Wake — 3. Those who voted in the negative are : Messrs. Abbott, Andrews, Ashley, Aydlott, Baker, Bryan, Carey, Carter, Candler, Colgrove, Congleton, Cox, Daniel, Dickey, Dowd, Duckworth, Durham, Ellis, Etheridge, Fork- ner, Franklin, French of Bladen, French of Chowan, Fal- lings, Gahagan, Galloway, Garland, Garrett, George, Gra- ham of Montgomery, Grant of Wayne, Grant of Northamp- ton, Gully, Gunter, Harris of Franklin, Hay, Hayes of Hali- fax, Heaton, Highsmith, Hobbs, Hollowell, Holt, Hood, Hy- man, Ing, Jones of Washington, Kinney, Laflin, Lee, Legg, May, Mayo, Marshall, Merritt, McDonald of Moore, Mnllican, Murphy, Nance, Newsom, Parker, Parks, Petree, Pool, Rag- land, Ray, Renfrow, Rhodes, Rich, Robbins, Rodman, Rose, Sanderlin, Smith, Stilly, Teague, Tourgee, Trogden, Turner, Watts, Welker and Williamson — 81. Mr. Durham offered the following substitute : " It is the sense of this Convention that political disabili- ties ought to be removed from all citizens of North-Carolina without regard to political opinions or their support or oppo- sition to universal suffrage." Mr. Tourgee moved to amend by striking out the word " all." 1868.] CONVENTION JOURNAL. 413 Mr. Tourgee withdrew his amendment and moved to lay the substitute on the table. By request Mr. Tourgee withdrew his motion to lay the substitute on the table and renewed his amendment. The amendment was lost. Mr. Hood moved to amend bv striking out all after "North- Carolina." The amendment was not sustained. The question recurred on the substitute. The yeas and nays were demanded. The call was not sustained. . The substitute was put to the House and lost. The question recurred on the original report of the Com- mittee. Mr. Rodman moved to amend as follows : Resolved, That the Congress of the United States be re- spectfully requested to relieve all the people of North-Caro- lina from all disabilities and disqualifications imposed by the proposed fourteenth amendment to the Constitution of the United States, or by what is known as the Reconstruction Acts of Congress. The yeas and nays were demanded. The call was sustained. The amendment was lost by the following vote, yeas 26, nays 75. Those who voted in the affirmative are : Messrs. Baker, Bradley, Daniel, Dowd, Durham, Ellis, Etheridge, Gunter, Hall, Hodnett, Hollowell, Holt, Jones of Caldwell, Lafiin, Legg, Lennon, Long, McCubbins, Merritt, Read, Rich, Rodman, Sanderlin, Taylor, Turner, and Wil- liams, of Wake — 26. Those who voted in the negative are : Messrs. Abbott, Andrews, Ashley, Aydlott, Barnes, Ben- bow, Blume, Bryan, Carey,. Carter, Candiei', Chillson, Col- grove, Congleton, Cox, Dickey, Duckworth, Eppes, Fisher, Eorkner, Franklin, French of Bladen, French of Rocking- ham, French of Chowan, Fullings, Gfahagan, Galloway, Gar- land $ Graham of Montgomery, Grant of Wayne, Gul.ly ? Har- 414 CONVENTION JOURNAL, [Session ris of Franklin, Hayes of Robeson, Hayes of Halifax, Hea- ton, Highsmith, Hobbs, Hood, Hyman, Ing, Jones of Wash- ington, King of Lenoir, Kinney, Lee, Logan, Mann, May, Mayo, Marshall, McDonald of Moore, Moore, Morton, Mulli- can, Murphy, Nance, Newsom, Parker, Parks, Petree, Pier- son, Pool, Ragland, Renfrow, Rhodes, Robbins, Rose, Smith, Stilly, Stilwell, Teague, Tourgee, Trogden, Watts, Welker and Williamson — 75. The question recurred on the original report of the Com- mittee, which was, On motion, adopted. The following is the report as adopted '. REPORT OF THE COMMITTEE ON RELIEF FROM POLITICAL DISABILITY. We, the undersigned Committee on Relief from Political Disability, having investigated the claims of those presented for our consideration most respectfully submit the following report : Whereas, The persons hereinafter named are disqualified to hold office, by the fourteenth Article of the Constitution of the United States, known as the Howard amendment ; and whereas, they have evidenced that they are in hearty accord with the Reconstruction measures of Congress : Therefore, Resolved, That we petition the Congress of the United •States to remove their disabilities in accordance with the pro- visions of the aforementioned Article of the Constitution. J. W. HOOD, Chairman, A. W. TOURGEE, T. J. FORKNER, C. C. JONES, GEORGE W. GAHAGAN. JAMES HAY, WM. NICHOLSON, R. W. KING, 1868.] CONVENTION JOURNAL. 415 FRAKLIN COUNTY. A. M. Timberlake, W. S. Harris, E. A, Crudup, Green H„ Grupton. WAKE COUNTY. ¥m. H. Harrison, Albert Johnson, Hilliard J. Smith, W. E. Richardson, Wiley D. Jones, Jacob Sorrell, C. L. Harris. PITT COUNTY. Joseph Staten, Lewis Hilliard, Thomas Cox, James C. Laugley, Calvin Cox, Chas. J. O'Hagart, Julius C. Perkins Augustus Quimerly, Charles Roundtree. HALIFAX COUNTY. Chas. N. Webb, John I. Gregory, John A. Reed, John O'Brien, George W. Owens, J. T. Evans. BEAUFORT COUNTY. Samuel I. Carrow, Edward J. Warren, Hiram E. Stilley, Edward S. Hoyt, Wm. B. Rodman, Edmund Hodges, Luthur Run, Jessee G Bryan, Samuel Windley, George L. Windley, John B. Respass, Howard Wiswall, Henry Hodges, Jesse Roberson, Wm. A. Blount. NEW HANOVER COUNTY. Joseph Hi Flanner, David Bunting, Wm. B. Flanner. STANLY COUNTY. Joseph Marshall, James E. Walden, Dumas Coggiiis, Daniel Richey, Lafayette Green, Allen Burris, Franklin A s Lafton, John W. Morton. 416 CONVENTION JOURNAL. [Session DAVIDSON COUNTY. Evander Davis, Emory Davis, David Loftin, Willis Cecill, Ephraim Hampton, Henderson Adams, Green H. Lee. PERSON COUNTY. John D. Wilkerson. CALDWELL COUNTY, Lloyd I r Jones, Washington Moore, Wm M. Barber, Hosea Bradford, A, W. Austin, Robt. B. Bogle, Saml. McCall, Ja. M. Barber. WILSON COUNTY, George W, Blount, Newett D. Owens, Wm, D. Farmer, John Wilkerson, Francis W. Taylor, FORSYTH COUNTY, Joseph S, Phipps E„ A. Vogler, John G. Sides. Wm. B, Stipe, Wm. Clinard, John M, Stoltey, Allen Spack, Israel Moses, Thomas J. Wilson, Wm„ F. Clafton. TRANSYLVANIA COUNTY. Jeremiah Osborne, Wm. R. Galloway J. C. Duckworth, Perry Orr, J. W. Clayton, Samuel Reed, Isaac A. Harris, Robert Hamilton, R. P. Kilpatrick, G. C. Neil. HENDERSON COUNTY. Benjamin Williams, Leander J. Pace, James M. Justice, Wm. K. Leadbetter, R. I. Allen, "Thomas Osteen, S. B. O. McCall, David Stradley, G, P. Edney, Wm. D, Whitted. 1868.] CONTENTION JOURNAL. 417 Bedford Brown, James Spann, S. R. Stancill, M. Owensby, John C. Gullick, M. B. Lauce, D. M. Justice. GUILEOKD COUNTY. Joseph Haskins, Barnabas Pane, Wyatt W. Ragsdale, John Hyatt, Robert P. Dick, George W. Bowman, David Grissom, John W, Kirkman, Fredrick Fentress, Andrew C. Murrow, Calvin Causey, Abram Clapp, Newton D. Woody, Robert M. Stafford, Wm. M. Mebane. ALAMANCE COUNTY. Joseph C. Thompson, Nathaniel Stout, Wm. P. McDaniel, Simpson Vestle, James Albright, Henry Boon. LINCOLN COUNTY. Rufus Clarke, W. P. Bynum, Henry Wilkinson. BLADEN COUNTY. Dugald Blue, Calvin Jones. WILKES COUNTY. R. M. Smith, John M. Brown, James F. Tugman, Andrew Porter, Samuel P, Smith, John F. Parlier, Isaac McCall, Harrold Hays, Ambrose Wiles, Toliver Shournate, Wm. E, Raynolds, Emanuel Harrold, James H. Hays. CLEVELAND COUNTY. J. O, Bridges, A. W, Goins, Andrew Parker, John Cook, David Hall, Lewis Downs, Henry Wortman, J. C. Ryers. CUMBERLAND COUNTY. Robert Orrell, A. G. Thornton, Duncan G. McCormick, Eobert Mitchell. 27 418 CONTENTION JOURNAL. [Sessioft SAMPSON COUNTY. Calton Cessoms, Amos W. Hall, Clifton Ward, Robert Cain, ¥m, Cessoms, Robertson "Ward. CARTERET COUNTY. Malvin J. Davis, John C. Manson, W. J. Doughty. DUPLIN COUNTY. fm. E. Hill, Thos, K. Murphy. CURRITUCK COUNTY. M. Y. B. Gilbert, W. D. Chaddrick, M. D. Lindsay, ALEXANDER COUNTY. Robert Carson, Daniel Moore, R. O. Bennett, Geo. W, Long, W. W. Stafford, James J. Teague, Wm. S. Teagne, Tbos. J. Dula, Andrew C. Watts, Elisha Bebber, F. B. Reeee, Gabriel Marshall, F. A. Campbell, Wm. M. Bogle, J. W, Carson. MECKLENBURG COUNTY. H. N. Pritchard, Rufus Barringer, Wm. R. Myers, Jere- miah S. Reed, Wm. M. Martin, Robt. McEwen, Alexander Mclver. CAMDEN COUNTY. Isaac Morriset, John M. Forbes, Geo. W. Spencer, James W. Chamblain, A. P. Cherry. EDGECOMBE COUNTY. Wm S. Battle, Joseph Cobb, Reddin S. Petway, R. W. 1868.] CONTENTION JOURNAL. 419 Proctor, Wm. H. Knight, Jesse Mercer, Exum L. Moore, Thomas Norfleet, Llewellyn Harrold, Wm, H. Johnson, John I. Killebrew, John Norfleet, R. H. Austin, Robert Norfleet, Wm. W. Parker, Henry E. Odom, John W. Johnson, Micajah P. Edwards, Lawrence Bunting. ALLEGHANY COUNTY. Win, A. Brooks, Morgan Bryan, A. Marion Smith, Reuben Sparks, Hugh Hanks, John Parsons, L. M. Blackburn, "Wm. Andrews, John A. Jones, Nathan Weaver, Soloman Stamper, Goldman Higgins, Alexander Black. ASHE COUNTY. John Williams. '""" HYDE COUNTY, Sylvester McGowan, W. B. Tooley, James G. Carrowan, Joseph P. Flowers, Geo. Y. Credle. IREDELL COUNTY. Thomas Holcomb, E. B. Stimpson. WAYNE COUNTY. Curtis H. Brogden. STOKES COUNTY. John J. Shaffer, James Harris, A. H. Joice, J. B. Young, Acmilla Moore, Ambrose Jessup, Ira E. Gentry, J. J. Martin, Wm. N. Shelton, Eaton B. Terrill, J. R. Jewell, W. B. Yaughan, Wm. M. Gordon. PERQUIMANS COUNTY. Nathan B. Cox, Jonathan W. Albertson, Robt. J. White. 420 CONVENTION JOURNAL. [Session YADKIN COUNTY. Moses Gross. Moses Chapp'el, McCaus. Casteveens, S. Speere, E. C. Brown, David Hutching, Aquilla Speere, J. S. Jones, Winston Fleming, Win. H. Rodwell, T. L. Tulbert, John D. Holcoinb, R. M. Pearson, Jesse Lackey, Thomas Hanes, Jonathan Wagoner, George Long, George Nix, Thomas F. Martin, Wm. W. Patterson, Sam'l C. Wech, Geo. D. Wil- liams, Barnett C. Myers, II. Thomason, J. N. Vestal, Jesse Rivers, Sexton Jones, Jas. H. Myers. HARNETT COUNTY. James S. Harrington, John F. Shaw, Neal McLeod, Roht. A. Norden, James Hodge, John Harrington, James M. Turner, A. J. Tuddington. NORTHAMPTON COUNTY. Wm. Barrow, Jno. B. Odom, Noah R. Odom, Jesse Flythe, James W. Grant, Samuel Calvert, Samuel J. Calvert, David A. Barnes, George Holloman, Jesse W. Narsom. MADISON COUNTY. F. M. Lawson, Jas. Crowder, J. S. Dever, D. E. Freeman, James Ramsay, L. G. Brigman. WARREN COUNTY. Wm. A. White, John W. Patillo, John H. Bullock, John C. McCraw, James T. Russell, Nathaniel R. Jones, Win. W. White, James T. Allston. UNION COUNTY. D. A. Covington, Miles A. Lemons, Wm. M. Austin, Jack- son Green, Arthur Stigall, James McNeily, Thomas W„ 1868.] CONTENTION JOURNAL. 421 Griffin, Robert Bivens, Richard Tarlton, Benj. F. Eincher, Asa Brumblow. NASH COUNTY. Geo. W. Lewis, W. W. Boddie, Absalom B. Baines, Benj. H. Sorsby. ROWAN COUNTY* Joseph A. Hawkins, Nathaniel Boyden, Win. P. At well, Levi Trexler, Geo. W. Bernhard, Peter Williamson. WASHINGTON COUNTY. James A. Melson, Eli Spruill, Thomas Benbridge, W. W. Ward. ROCKINGHAM COUNTY. Thomas Settle, Thos. A. Ragland. BURKE COUNTY. Tod P. Caldwell, James H. Hall, Joseph Deaton, Asby Mull, Jeremiah Smith, Wm. Bailey, James Hildebran, Jas. R. Kincaid. GASTON COUNTY. D. A. Jenkins. MONTGOMERY COUNTY. John K. Loftin, James Batten, James W. Ressas, David Wright, John C. Nichols, James B. Ballard. CHOWAN COUNTY. Charles E. Robinson, 422 CONVENTION JOURNAL. [Session PASQUOTANK COUNTY. John Pool, Geo. D. Pool, Frank Yaughn, F. M. Godfrey, C. W. Grandy, Jr., W. G. Pool, Geo. W. Charles, C. W. Hollowell. BUNCOMBE COUNTY. James Reid, P. J. Isrial, Levi Penland, Joseph P. Ellar, Amasa Roberts. MOOKE COUNTY. Thomas W. Ritter, Samuel W. Sea well, Wm. J. King, D. W. McDonald, A. R. McDonald, John S. Ritter, John P. Cole, Benjamin Spivey, John K. McLeon, Wm. B. Richard- son, Absalom Kelly, John McNeal, R. W. Barret, A. H. McNeil, M. J. Blue, Jordan Slaar. RICHMOND COUNTY. Oliver H. Doekery, John A. Long, Geo. McKinon, E. T. Long. HAYWOOD COUNTY. A. J. Murray, J. W. Harbin, Isaac Clarke, J. M. Patton, D. B. Ford, W. S. Evans, Henry Franklin, R. E. Medford, Samuel Fitzgerald, R. L. Owens. JACKSON COUNTY. E. D. Brindle, Wilson Ensby, L. C. Hooper, J. J. Hooper, Mordecai Zackny, A. Cope. DAVIE COUNTY. Uriah H. Phelps, John R. Williams, Wm. B. March. 1868.] CONTENTION" JOURNAL. 423 GEEENE COUNTY. John Haiwey, Rich'd J. Williams, John J. Orman, D. A. Spivey, ¥m. P. Grirnsley, Joseph H Dixon, ¥m. T. Dixon. MCDOWELL COUNTY. James H. Duncan, CL S. Copeland, John Elliott, James A. HcCJall, John O'Brian, Thomas Ledbetter, Elijah Morgan, John T. Gregory, Chas. H. Webb. f V % CABAEEUS COUNTY. ¥ietor C. Barringer. OHEEOKEE COUNTY. ¥m: McGuyre, T. R. McCombs, Phelix T. Axley, Chris- topher Gentry, Geo. W. Furguson, B. K. Dickey, George W. HalL BEETLE COUNTY. Jonathan Taylor, Frederick Miller, Geo. N. Green, Lewis C. Bo&d. carry into effect the provisions of the Constitution, and report the same to the General Assembly. Sec 8. Re it further ordained, That each of said Com- missioners shall receive a salary of two hundred dollars per month, while actually engaged in the performance of his du- ties as such. A suitable room in the capital shall be assigned to said Commissioners as an office, and the necessary printing and stationery allowed the same. Sec. 9. Be it further ordained, That this ordinance shall be in force from and after its ratification. Mr. King, of Lincoln, moved that the Committee on Revi- sion be instructed to revise section 8th of the report of the Committee on plan of organization of the Judicial Depart- ment, by striking out " four associate justices " and inserting u two." Mr. May moved to lay the motion on the table. The yeas and nays were demanded. The call was sustained. The motion was carried by the following vote, yeas 50,. nays 39. Those who voted in the affirmative are : Messrs. Abbott, Andrews, Ashley, Bryan, Carey, Carter^, Cherry, Coigrove, Daniel, Dickey, Eppes, Fisher, French of Bladen, French of Chowan, Fallings, Gahagan, .Galloway, Graham of Montgomery, Grant of Wayne, Harris of Frank- lin, Hayes of Halifax, Heaton, Hobbs, Hood, Hyman, Jones of Caldwell, Jones of Washington, Kinney, Laflin, Lee, Legg,, May, Mayo, Marshall, Moore, Murphy, Nance, Parks, Pier- son, Pool,. Ragland, Ray, Renfrow, Robbins, Rodman, Smith,. Tourgee, W atts, Welker and Williamson — 50. Those who voted in the negative, are : Messrs. Aydlott, Baker, Barnes, Bradley, Candler, Congle- ton, Cowles, Cox, Dowd, Duckworth, Durham, Ellis, Ethe- ridge, George, Graham of Orange, Gunter, Hare, Hay, Hod- aett, Homer, Hollo well, Holt, King of Lincoln, King of La- 442 CONVENTION JOURNAL. [Session noir, Lennon, Mann, McCubbins, McDonald of Chatham, McDonald of Moore, Parker, Petree, Peterson, Read, Rhodes, Pose, Sanderlin, Teague, Turner and Williams of Wake — 39. The report of the Committee on Miscellaneous Provisions was taken up and placed on its 3d and linal reading and pas sage. Sections 1st, 2d, 3d, 4th, 5th, 6th, and 7th were read and adopted. The Committee reported the following as a new section which was adopted: No person shall hold more than one lucrative office under the State at the same time : Provided, That officers in the Militia, Justices of the Peace, Commissioners of Public Char- ities and Commissioners appointed for special purposes, shall not be considered officers within the meaning of this section. The section was, on motion, adopted. The report ot the Committee on Miscellaneous Provisions passed its 3rd and final reading by the following vote, yeas 75, nays 6. Those who voted in the affirmative, are; Messrs. Abbott, Andrews, Ashley, Aydlott, Barnes, Bryan, Carey, Carter, Candler, Colgrove, Congleton, Cowles, Cox, Dickey, Duckworth, Eppes, French of Bladen, French of Chowan, Gahagan, George, Graham of Montgomery, Grant of Wayne, Grant of Northampton, Gunter, Flail, Harris of Franklin, Flay, Hayes of.Halifax, Heaton,Highsmith, Hobbs, Hoffler, Hollowell, Flood, Hyman, Jones of Caldwell, Jones of Washington, King of Lincoln, Kinney, Laflin, Lee, Legg, May, Mayo, Marshall, McDonald of Chatham, McDonald ol Moore, Mnllican, Murphy, Nance, Newsom, Nicholson, Par- ker, Parks, Petree, Pierson, Pool, Pay, Read, Renfrew. Rhodes, Rich, Robbins, Rodman, Rose, Smith, Stilwell, Teague, Tourgee, Tucker, Turner, Watts, Welker, Williams of Wake, and Williamson — 75. Those who voted in the negative, are : Messrs. Dowd, Durham, Ellis, Etheridge, Graham of Orange, Hare, McCubbins, Merritt, and Sanderlin — 9. On motion of Mr. Jones, the report of the Committee to 1868.] . CONTENTION JOURNAL. 443 whom was referred the divorce case of Overton, was taken up and adopted by the following vote : Those who voted in the affirmative, are : Messrs. Abbott, Andrews, Baker, Blume, Carey, Carter, Colgrove, Congleton, Daniel, Eppes, Etheridge, Eisher, French of Bladen, French of Chowan, Graham of Montgomery, Gully, Gunter, Hail, Hare, Harris of Franklin, Hayes of Halifax, Highsmith, Hobbs, Hoffler, Hood, Hyman, Jones of Washington, Kinney, Lee, Mann, Mayo, Marshall, McDonald of Chatham, Moore, Murphy, Parks, Petree, Ragland Ray, Read, Pobbins, Rodman, Rose, Sanderlin, Stilwell, Tucker and Watts — 48. Those who voted in the negative, are : Messrs. Aydlott, Barnes, Bradley, Bryan, Candler, Cowles, Duckworth, Durham, Forkner, French of Rockingham, Ga- hagan, George, Graham of Orange, Hay, Hodnett, Holt, Jones of Caldwell, King of Lincoln, Lennon, McCubbins, Merritt, McDonald of Moore, Nance, Peterson, Rhodes, Rich, Teague, Welker and Williams of Wake — 29. The following is the report of the Judicial Committee on the Overton case: The Committee to whom was referred the petition of James Overton, praying for a divorce from his wife, having consid- ered the same, are of opinion that his request should be granted, and they report herewith an ordinance to that effect. Be it ordained by the people of North- Carolina, in Conven- tion assembled, That James Overton, and Charlotte, his wife, are hereby divorced from the bonds of matrimony. Mr. Moore moved to reconsider the vote, which motion was laid on the table. On motion the report of the Committee to whom was referred the petition of divorce of Mrs. Hopkins, was taken up and adopted. 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 recommend its passage. WM. B. RODMAN, Chairman. 444 CONVENTION JOURNAL. [Session Be it ordained by the people of North- Carolina, in Con- vention assembled, That the bonds of matrimony between William T. Hopkins, and Martha A., his wife, now of Gran- ville Comity, are hereby dissolved, and either party are at liberty to marry again. A motion to reconsider the vote by which this report was adopted, was, on motion, laid on the table. On motion, the following ordinance, reported by the Judi- cial Department, was taken up and adopted : Be it ordained by the people of North- Carolina in Con- vention assembled, That DeWitt C. Wilson, and Nancy Wil- son, his wife, of Davie County, be, and they are hereby divorced from the bonds of matrimony. A motion to reconsider this vote, was, on motion, laid on the table. The following ordinance, as reported by the Judicial Com- mittee, was, on motion, adopted : Be it ordained by the peopjle of North- Carolina, in Con- vention assembled, That Lavinia Lee, of Guilford County, be, and she is hereby divorced from the bonds o± matrimony with her husband, Wesley Lee. A motion to reconsider the vote by which this ordinance was adopted, was, on motion, laid on the table. The following ordinance was, on motion, adopted : Be it ordained by the people of North- Carolina, in Con- vention assembled, That Eliza C. Wagner, of Alamance County, be, and she is hereby divorced from the bonds of matrimonv with her husband, Herman Warner. A motion to reconsider the above vote, was, on motion, laid on the table. The following ordinance was, on motion, adopted : Be it ordained by the people of North-Carolina, in Con- vention assembled, That Josephine, wife of Jas. M. Emanuel, of Orange County, be, and hereby is, divorced from the bonds of matrimony with her husband. A motion to reconsider the vote on the above was, on motion, laid on the table. On motion, the following ordinance was adopted : 1868.] CONVENTION JOURNAL. 445 AN ORDINANCE TO DIVORCE WINNEY GEIB- BLES AND JAMES GEIBBLES. Section 1. Be it ordained by the people of North- Carolina, in Convention assembled, That the nuptial tie between Winney Gribbles and James Gribbles be, and the same is hereby dissolved, and that the said Winney Gribbles be divorced from the bonds of matrimony contracted with the said James Gribbles, and that the said Winney Gribbles be from henceforth, to all intents and purposes, a feme sole. Sec. 2. Be it further ordained, That this ordinance shall take effect from its ratification. It was moved to reconsider the vote. The motion was laid on the table The following ordinance reported by the Special Commit- tee on Divorce, was, on motion, adopted: AN ORDINANCE FOR THE DIVORCE OF ESTHER V. TODD AND BENJAMIN W. TODD. Section 1. Be it ordained by the people of North-Carolina, in Convention assembled, That Esther V. Todd, formerly Esther V. Walton, and now 7 the wife of Benjamin W. Todd, be, and she is hereby divorced from the bonds of matrimony with her said husband, and that she shall be at liberty to resume her maiden name ; and this ordinance shall take effect from and after its passage. A motion to reconsider the vote by which this ordinance was passed, was, on motion, laid on the table. The following ordinance, was, on motion, adopted; AN ORDINANCE TO DIVORCE ADELIA E. SLATER AND JAMES A. SLATER. Section 1. Be it oixlained by the people of 'North- Carolina ■, in Convention assembled, That Adelia E. Slater, of Rowan County, be, and she is hereby divorced from the bonds of matrimony with her husband, James A. Slater, and that 446 CONVENTION JOURNAL. [Session she shall be at liberty to assume her maiden name, said Adelia to have charge of her children. A motion to reconsider the vote on the above ordinance was, On motion, laid on the table. The following protest was, by permission, entered on the Journal : Being of the opinion that all cases of divorce properly be- longs to the Courts, we dissent from granting the same oth- erwise. J. Q. A. BEY AN, CALVIN J. COWLES. The following ordinance to incorporate the Charlotte City Hall Association, as reported by the Committee of seventeen, was, On motion, adopted : AN ORDINANCE TO INCOEPOEATE THE CHAR LOTTE CITY HALL ASSOCIATION. Section. 1. Beit ordained by the people of North-Carolina in Convention assembled, That John L. Morehead, Eobert M. Oates, Jonas Eudicil, Samuel Taylor, Thomas W. Dewey, Charles W. Alexander, W. I. Sater, and their associates, suc- cessors and assigns, be and they are hereby incorporated a body in law and fact, by the name and style of the Charlotte City Hall Association, for the purpose of erecting buildings and other improvements in the City of Charlotte, and shall possess and enjoy all rights and privileges in immunities of a corporation, a body politic in law necessary to carry on said business. Si^c. 2. Be it further ordained, That the said Company may employ such an amount of capital not exceeding one hundred thousand dollars as may be deemed necessary to carry on the business aforesaid, which may be divided into shares of one hundred dollars or such other amounts as the stockholders in general meeting may determine, for obtaining 1868.] CONVENTION JOURNAL. 44T which books of subscription may be opened by the corpora- tion aforesaid, and the sum paid in in such manner and such time as the Board of Directors may require ; and if any sub- scriber shall fail to pay any instalment at the time required, lie shall pay interest thereon at the rate of ten per cent, per annum, and his stock may be forfeited and sold by the Direc- tors, and the proceeds applied to the payment of the aforesaid deficient instalment. Certificates of stock may be issued, and the same made transferable and assignable as the by-laws of the Company may prescribe. Sec. 3. Be it further ordained, That the affairs of said Company shall be managed by a Board of five Directors, chosen from among the stockholders, who shall elect one of their number to be the President of the Company. Three of the Board shall be a quorum to transact business, one of whom shall be the President. Sec. 4. Be it further ordained, That the said Company shall have power to make by laws not inconsistent with the laws of the United States and this State, appointing all neces- sary officers and employees, fixing salaries, taking bonds, fill- ing vacancies and making regulations for the transaction of any matters necessary for the successful carrying on of the business of the Company. Sec. 5. Be it further ordained, That as soon after the rat- ification of this act as they may think proper, said corporation, or a majority of them, may call a general meeting of the sub- scribers to the stock of said Company, for the purpose of adop- ting by-laws for, and electing Directors of, said Company, which Directors shall continue in office until their successors shall be elected by a succeeding meeting. Sec 6. Be it further ordained, That the said corporation shall have full power and authority to purchase and hold lots and parcels of land in said city or its vicinity, and erect there- on buildings and other improvements, and to sell, rent, lease or dispose of the same as may be ordered by the stockholders of said Company. Sec. 7. Be it further ordained, That the said corporation , for the purpose of carrying on their purchases of lots or lands. 448 CONVENTION JOURNAL. [Seasiov. 3md of erecting buildings and other improvements, may issue bonds on the faith and credit of said corporation in such amounts, at such times and at such rates, as they may deem right and proper, and shall have power to make mortgages 01 deeds of trust to secure said bonds. Sec. 8. Be it further ordained, That this ordinance shall be in force from and after its ratification, and continue for fifty years, Mr. Andrews introduced a petition of divorce of Mrs, Palmer. # Referred to the Committee on the Judicial Department. Mr. Pool, Chairman of the Engrossing Committee, reported. Report lies over. The following ordinance was, On motion, adopted : AN ORDINANCE TO INCORPORATE THE HAL- CYON STEAM BOAT COMPANY. Section 1. Be it ordained oy the people of North- C-irolina in Convention assembled, and it is hereby ordained by the authority of the same, That .Robert M. Orreil, James A. Orreil and John R. Daily, and such others as they may here- inafter associate with them, their successors and assigns, shall b.e and are hereby created, constituted and declared a body corporate and politic by the name of " The Halcyon Steam Boat Company," and by that name shall be in law capable of sueing and being sued, pleading and being impleaded, shall have a common seal and be invested with all the rights and privileges and be subject to all the regulations and restrictions contained in the 26th chapter of the Revised Code, so far as? the same are applicable to such a corporation, that are not in- consistent with the provisions of this act. Sec. 2. Be it further or darned, That the capital stock of said Company shall consist of fifteen thousand dollars, with the privilege of increasing the same to twenty thousand dol- lars, divided into shares of one thousand dollars each. Sec 3. Be it further ordained, That said Company may 186&3 CONVENTION JOURNAL. 449 build another steamer or barge or flats if required for the in- terest of the Company. SeC: 4. Be it further ordained, That said Company shall have power to hold, possess, acquire and enjoy such real estate as may be necessary for the transaction of its business, and from time to time make all necessary rules, regulations -and by-laws for the government and direction of the concerns thereof, not inconsistent with the Constitution and laws of the State of North-Carolina and of the United States, and said Company to have corporate existence for twenty years, unless surrendered to the Legislature at an earlier date by a majority of the stock. Sec. 5. Be it further ordai'ied, That this ordinance shall •be in force from and after its ratification. The House, on motion, adjourned. EVENING SESSION, Maech 13th, 1868. The Convention was called to order at 7^- o'clock, by the President. The Roll was called, and the following members answered to their names*. Messrs. Andrews, Ashley, Aydlott, Barnes, Benbow, Blume, Bradley, Bryan, Carey, Carter, Chillson, Colgrove, Congleton, Cox, Duckworth, Ellis, Eppes, Etheridge, Fisher, Forkner, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, George, Grant of Wayne, Grant of Northampton, Gunter, Hare, Harris of Wake, Har- ris of Franklin, Hay, Hayes of Robeson, Hayes of Halifax, Hobbs, Homer, Hollo well, Holt, Hood, Hyman, Jones of Caldwell, Jones of Washington, King of Lincoln, King of Lenoir, Kinney, Laflin, Lee, Legg, Lennon, Mann, Mayo, Marshall, McCubbins, Merritt, McDonald of Chatham, Moore, Morton, Nance, Newsoin, Nicholson, Parker, Parks, Petree, Peterson, Pool, Ragland, Ray, Read, Renfrow, Rich, Robbins, Rodman, Rose, Sanderlin, Stilwell, Taylor, Teague, Tourgee, Trogdeh, Tucker, Turner, Watts and Welker— 85. 29 450 CONVENTION JOURNAL. [Session The Committee on Relief reported. Mr. French, of Bladen, moved to postpone the report inde- finitely. The yeas and nays were demanded. The motion was lost by the following vote : Those who voted in the affirmative are : Messrs. Barnes, Congleton, Eppes, French of Bladen, Grant of Wayne, Hood, Jones of Washington, King of Lincoln,. King of Lenoir, Kinney, Lee, Petree, Bay, Renfrew, Bobbins, Teague and Trogden — 17. Those who voted in the negative are : Messrs. Abbott, Andrews, Ashley, Aydlott, Baker, Ben- bow, Blume, Bradley, Bryan, Carey, Carter, Cherry, Chillson^ Oolgrove, Daniel, Dickey, Dowd, Duckworth, Durham, Ellis, Etheridge, Fisher, Forkner, Franklin, French of Chowan, Fullings, Gahagan, Galloway, George, Glover, Graham of Orange, Grant of Northampton, Gully, Gunter, Hare, Harris of Wake, Harris of Franklin, Hay, Hayes of Robeson, Hayes of Halifax, Heaton, Hobbs, Homer, Hollowell, Holt, Hyman, Jones of Caldwell, Laflin, Legg, Lennon, Logan, May, Mayo, Marshall, McCubbins, Merritt, McDonald of Chatham, Moore, Morton, Nance, Newsom, Patrick, Parker, Parks, Pool, Rag- land, Read, Rhodes, Rich, Rodman, Rose, Sanderlin, Stilwell, Taylor, Tourgee, Tucker, Turner, Watts, Welker and Wil- liamson — 80. Mr. Graham, of Orange, offered a substitute for the ordi- nance of the Committee on Relief. A motion to print and postpone the whole matter until Saturday at 1 o'clock, P. M., was not sustained. On the substitute of Mr. Graham, the yeas and nays were demanded. The substitute prevailed by the following vote : Those who voted in the affirmative, are : Messrs. Abbott, Baker, Barnes, Bradley, Bryan, Carey, Carter, Cherry, Chillson, Daniel, Dickey, Duckworth, Dur- ham, Ellis, Eppes, Etheridge, Fisher, Forkner, French of Rockingham, Gahagan, Galloway, George, Glover, Graham of Orange, Gully, Hare, Harris of Franklin, Hay, Hayes of 1868.] CONVENTION JOURNAL. 451 Robeson, Hayes of Halifax, Heaton, Hobbs, Hoffler, Hollo- well, Holt, Hyman, Jones of Caldwell, Jones of Washington, Laflin, Lee, Legg, Lennon, May, Merritt, Morton, Nance, Newsom, Parks, Ragland, Read, Rodman, Sanderlin, Smith, Stilwell, Taylor, Teague, Turner, "Watts and Williamson — 59. Those who voted in the negative are : Messrs. Ashley, Benbow, Blume, Colgrove, Congleton, Franklin, Fullings, Gunter, King of Lincoln, King of Lenoir, Kinney, McCubbins, McDonald of Chatham, Moore, Patrick, Pool, Renfrow, Rich, Robbins, Rose, Stilly, Tourgee, Trog- den and Welker — 24. On motion the substitute of Mr. Graham, of Orange, and the report of the Committee on Relief were ordered to be printed and made a Special Order for Saturday. Leave of absence was granted Messrs. Watts, Aydlott, King of Lenoir and Peterson. An ordinance in relation to the intimidation of voters was introduced by the Committee on that subject. Mr. Rich moved that the President of this Convention sign certificates of pay for members up to Tuesday next. The motion was not sustained. The ordinance on intimidation of voters was taken up. Mr. Ellis offered as a substitute sections 22d and 23d, chap- ter 52d, of the General Assembly, entitled " an act concerning the General Assembly of the State of North-Carolina." The substitute was not sustained. Mr. French, of Chowan, moved to add to section 1st, the following words : " And one-half of the fine shall go to the prosecutor." The amendment was accepted. Mr. French, of Bladen, offered a substitute, which was lost. The ordinance, as amended, was adopted by the following- vote : Those who voted in the affirmative are : Messrs. Abbott, Ashley, Blume, Bryan, Carey, Carter, Cherry, Chillson, Colgrove, Congleton, Dickey, Eppes, Fisher, Forkner, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, George, Glover, Gunter, Har- 452 CONTENTION JOURNAL. [Session ris of Wake, Hay, Hayes of Robeson, Hayes of Halifax, Ilobbs, flyman, Jones of Washington, King of Lenoir, Kin- ney, Lafiin, May, Mayo, Marshall, McDonald of Chatham. Morton, Nance, Newsom, Patrick, Parks, Petree, Pool, Ray. Renfrow, Rodman, Rose, Smith, Stilwell, Teague, Tourgee. Tucker, Turner, Watts, Welker and Williamson — 56. Those who voted in the negative, are : Messrs. Baker, Bradley, Dowd, Durham, Ellis, Etheridge. Graham of Orange, Hare, Holt, Jones of Caldwell, Lennon, MeCubbins, Merritt and Sanderlin — 14. The following is the ordinance as adopted : AN ORDINANCE TO PREVENT THE INTIMIDA- TION OF VOTERS. Section 1. Be it ordained by the people of Worth- Carolina in Convention assembled, and it is hereby ordained as follows : Any person who shall prevent, or endeavor to prevent, any qualified elector of this State from the free exercise of the elective franchise, by violence or bribery, or by threats of vio- lence or injury to his person or property, or by depriving an elector ol employment or threatening to deprive him of em- ployment, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment for not less than one month, nor more than six months, or by fine of not less than one hundred dollars nor more than five hun- dred dollars for each offence, and one half of the fine shall go to the proscutor. Sec. 2. Be it further ordained, That the hiring of any laborer upon the condition that the same shall vote, or not vote, for any special candidate, or any particular party, or in any specific manner shall be deemed bribery within the mean- ing of this act, upon the part of the person demanding the said condition. Sec. 3. Be it further ordained, That this ordinance shall be published and circulated with this Constitution for the in- formation of voters, and shall be in force from and alter the date of its passage. 1868.] CONTENTION JOURNAL. 453 Mr. Rodman introduced a resolution giving certain instruc- tions to the Committee on Revision. There being no quorum present, the House adjourned. SATURDAY, March 14th, 1868. The Convention was called to order at 10 o'clock by the President. Prayer by the Rev. Mr. Lennon. The roll was called and the following members answered to their names : Messrs. Abbott, Andrews, Aydlott, Baker, Benbow, Blume, Bradley, Bryan, Carey, Carter, Candler, Cherry, Colgrove, Congleton, Cox, Dickey, Dowd, Duckworth, Eppes, Ether- idge, Fisher, Forkner, Franklin, French of Bladen, French of Rockingham, Fullings, Gahagan, Galloway, George, Gra- ham of Montgomery, Grant of Wayne, Grant of Northamp- ton, Gully, Gunter, Hall, Hare, Harris of Wake, Hay, Hayes of Robeson, Hayes of Halifax, Highsmith, Hobbs, Hodnett, Hoffler, Ilollowell, Holt, Hood, Hynian, Jones of Caldwell, Jones of Washington, King of Lenoir, Kinney, Laflin, Lee, Lennon, Logan, Mann, May, Mayo, Marshall, Merritt, Mc- Donald of Chatham, McDonald of Moore, Moore, Morton, Mullican, Murphy, Nance, Newsom, Nicholson, Patrick, Parker, Parks, Petree, Pierson, Ragland, Ray, Read, Ren- frow, Rhodes, Rich, Robbins, Rose, Smith, Stilly, Stillwell, Taylor, Teague, Trogden, Tucker, Turner, Welker and Wil- liams of Wake — 94. The following Committee was appointed to prepare an address to the people : Messrs. Tourgee, Rodman and Ga- hagan. The following report was taken up and discussed: The Committee of Seventeen to whom was referred an ordinance, entitled " An ordinance providing for the restora- tion of the public credit," have had the same under consid- eration, and report the same back with a recommendation in favor of its passage after the following amendments are made, 454 CONTENTION JOURNAL. [Session viz : First, Amend the title of said ordinance so as to read, " An ordinance providing for the payment ot the interest of the public debt ;" Second, In line 8, between the words "for" and "of," strike out the words, " the resumption ;" also strike out the 10th line, which reads as follows : "And the restoration of the public credit ;" also, add the following as a fourth section : " This ordinance shall be in force and take effect from and after its passage." D. HEATON, Chairman. AN ORDINANCE TO PROVIDE FOR THE PAT- MENT OF THE INTEREST ON THE PUBLIC DEBT. 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 first General Assembly which shall be convened under the provisions of the Constitution framed by this body, be, and the same is hereby directed to make the following provisions for the payment of the interest upon the public debt. Sec. 2. It shall provide for the payment in cash of the interest falling due on and after the first day of January, 1869, upon that portion of the bonds of the State which are dated prior to May 20th, 1861. Sec 3. It shall provide for the payment in cash of the interest falling due on and after the first day of July, 1869, upon that portion of the bonds of the State which are dated on and after January 1st, 1866. Sec. 4. It shall provide for funding all such coupons upon the above specified classes of bonds as are now due, or which may become due, prior to the time when the payment of interest shall be resumed as above directed ; and for such pur- poses the General Assembly shall authorize the issue of bonds of the State bearing six per cent, interest, which shall be given at par in exchange for such coupons as are now due, or may become due prior to the time when such resumption of the payment of interest shall take place. 1868.] CONVENTION JOURNAL. 455 Sec. 5. Tins ordinance shall be in force and take effect •from and after its passage. Mr. King moved to amend by adding to section 1, " The Legislature shall have power to alter, amend or repeal this ordinance." On this amendment the yeas and nays were demanded. The call was sustained. The amendment was lost by the following, vote : Those who voted in the affirmative, are : Messrs. Aydlott, Barnes, Blume, Bradley, Candler, Daniel, Duckworth, Durham, Ellis, Etheridge, Graham of Montgom- ery, Graham of Orange, Grant of Northampton, Hare, Hod- nett, Holt, Jones of Washington, King of Lenoir, McCubbins, Merritt, McDonald of Chatham, Moore, Mullican, Patrick, Rhodes, Rose, Sanderlin, Teague and Turner — 29. Those who voted in the negative are : Messrs. Abbott, Andrews, Ashley, Baker, Bryan, Carey, Charter, Cherry, Chillson, Colgrove, Congleton, Cox, Dickey, Eppes, Fisher, Forkner, Franklin, French of Bladen, French ■of Chowan, Fullings., Gahagan, Galloway, Glover, Gully, Gunter, Harris of Wake, Hay, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hood, Hyman, Jones ■of Caldwell, Kinney, Lafiin, Lee, Legg, Mann, May, Mayo, Marshall, McDonald of Moore, Morton, Murphy, Nicholson, Parker, Parks, Petree, Pierson, Pool, Ray, Read, Renfrow, Rich, Robbins, Rodman, Smith, Stilwell, Taylor, Tucker and Williams of Wake— 64. The following amendment offered by Mr, Candler was put to the house and lost. Strike out in 3d line, 2d section, " 1869/' and insert " 1871." The question recurred on the original ordinance as reported by the Committee, which was, on motion, adopted by the following vote: Those who voted in the affirmative, are: Messrs, Abbott, Andrews, Ashley, Blume, Bryan, Carey, Oart^r, Cherry, Chillson, Colgrove, Congleton, Cox, Dickey, Dowd, Eppes, Fisher, Forkner, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gaha- 4:56 CONVENTION JOUKNAL. [Session gan, Galloway, Glover, Gully, Gunter, Hall, Harris of Wake,. Hay, Hayes of Robeson, Hayes of Halifax, Heaton, High smith, Hobbs, Hollowell, Hood, Hyman, Jones of Caldwell, Kinney, Laflin, Lee, Legg, Mann, May, Mayo, Marshall, Mc- Donald of Moore, Morton, Murphy, Nance, Nicholson, Pat- rick, Parker, Parks, Petree, Pierson, Pool, Ragland, Ray, Read, Renfrow, Rich, Robbins, Rodman, Rose, Smith, S til- well, Taylor, Trogden, Tucker and Williams of Wake — 72. Those who voted in the negative are : Messrs. Aydlott, Bradley, Candler, Daniel, Duckworth, Durham, Ellis, Etheridge, Graham of Montgomery, Graham of Orange, Hare, Hodnett, Holt, Jones of Washington, King of Lenoir, Merritt, McDonald of Chatham, Moore, Sanderlin, Teague and Turner — 21. The Committee on Revision reported as follows r The Committee on Revision to whom was referred the ar- ticles of the Constitution upon the Executive and Legislative Department have revised the same, and now recommend their- final Enrollment. D. HEATON, W. B. RODMAN, W. NICHOLSON.. The report was adopted. The following gentlemen obtained leave to enter their names on the protest of Messrs. Bryan, and Cowles, entered on the Journal of Friday: Messrs. M. J. Aydlott, R. W. King, J. S. McCubbins, G. W. Bradley, E. B. Teague, "W. H. George. The Committee on Contingent Expenses have examined the account of Messrs W. W. Holden & Son, of five hundred and fifty-three dollars and ninety-seven cents. It appearing from the statement of the officers that the same is correct ; we therefore recommend its payment. AH of which is respect- fully submitted. R. W. KING, Chairman. The printed ordinance of relief offered by the Committee.' 1868.] CONTENTION JOURNAL. 45T together with the substitute of Mr. Graham, of Orange, was taken up and discussed. Mr. King, of Lenoir, moved an amendment to the substi- tute of Mr. Graham, of Orange, by adding another section,, which was rejected. The following ordinance of relief, by Mr. Graham, of Orange, was adopted. AN ORDINANCE RESPECTING THE JURISDIC- TION OF THE COURTS OF THIS STATE. Section 1. Be it ordained by the people of Worth- Carolina in Convention assembled, That sections one and two of the- ordinance of the Convention adopted June 23d, 1866, en- titled " an ordinance to change the jurisdiction of the courts- and the rules of pleading therein," be and are hereby repealed. Sec. 2. Be it farther ordained, That section three 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 provi- ded, shall have exclusive original jurisdiction of such causes of action except where jurisdiction has been or shall be giv- en 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 ot 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 resi- due 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,, 458 CONVENTION JOURNAL. [Session lie shall be allowed until tke 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 or- der a jury at the same or some subsequent term to try the matters :n 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 in- debted over and above the same : Provided further, 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 execu- tion for such installment, unless the defendant shall put in pleas, in which ease the suit shall proceed according to the •course of the court in 1860; Provided further, That by con- sent 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, assump- sit, 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, 1889, execution on all such judgments or decrees shall issue for only one-tenth of the amount then due ; at Spring Term, 1870, for one-fith of the residue ; at Spring Term, 1871, for one-half of the residue, and at Spring Term., 187.2, for the balance of the debt.; and no execution shall issue J 868.] CONVENTION JOURNAL. 459 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 firth 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 morgagee shall sell the property or so much of it as will realize the balance of the debts : Provi- ded, however, That should the trustor or mortgagor fail 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 in- stallment. 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 return- able 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 con- fess 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 judgment 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 : Pro- vided 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. 460 CONTENTION JOURNAL. [Session by affidavit, then the defendent 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 : Provi- ded, That should the defendant fail to pay or confess judg- ment for the first or any subsequent installment, then and in that case, the plaintiff shall be entitled to proceed to judg- ment 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 executions on judgments in actions of debt, cove- nant, assumpsit or account which have been, or shall be issu- ed on judgments heretofore obtained before any magistrate,' shall be levied on the property of the defendent and returned without sale ; at the expiration of twelve months irom 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 ex- piration 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- tion 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 clay 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 revive, continue or 1868,] CONTENTION JOURNAL. 461 enforce any judgment heretofore recovered upon any such bond, promissory note, bill of exchange or other instrument of writing or parol, or promise, as is hereinbefore mentioned. Sec. 6. Be it farther ordained, That this ordinance shall be in force from and after its ratification. Mr. King, ol Lincoln, offered a resolution in relation to the amalgamation of races. Lies over under the rules. Mr. Read offered an ordinance in relation to the Cape Fear and Deep River Navigation Company. Referred to the Committee of Seventeen. Mr. Harris, of Wake, introduced a report of the Committee on Divorce. Mr. Hood introduced a resolution in relation to marriages. Lies over under the rule. Mr. Rodman introduced the following resolution, which was, On motion, adopted : Resolved, That for the purpose of completing the enrol- ment of the ordinance, and resolutions of this Convention, the Secretary be, and he is, authorized to employ one or more clerks. On motion, the following ordinance introduced by Mr. Rod- man was adopted : AN ORDINANCE PROVIDING FOR AUDITING THE ACCOUNTS OF THE CONVENTION. Section 1. Be It ordained oy the people of North- Carolina in Convention assembled, That Calvin J. Cowles, after the adjournment of this Convention, shall audit the accounts thereof, and also the accounts for all expenditures for the printing ordered by this Convention, and the Treasurer of this State is hereby required to pay from any money in the Treas- ury of the State, upon the warrant of said Cowles, any sum necessary for the purpose of paying such expenses. He shall receive for his services six dollars per day while actually em- ployed therein, to be paid in like manner upon his own war- rant. The Comptroller of the State is hereby requested to 462 CONVENTION JOURNAL. [Session audit the accounts of said Cow'les, and the said accounts so audited shall be deposited in the office of the Comptroller of the State of North-Carolina. On motion, the House adjourned. EVENING SESSION, Maech 14th, 1868. The Convention was called to order at T\ o'clock by the President. The roll was called, the following members answering to their names : Messrs. Andrews, Ashley, Aydlott, Bryan, Carter, Cherry, Chillson, Congleton, Daniel, Dickey, Dowd, Duckworth, Ellis, Eppes, Etheridge, Fisher, Eorkner, French of Bucking- ham, French of Chowan, Fullings, Gahagan, Galloway, George, Graham of Montgomery, Grant of Northampton, Gunter, Harris of Wake, Hay, Hayes of Halifax, Highsmith, Hobbs, Hoffler, Hollowell, Hood, Hyman, Jones of Caldwell, King of Lenoir, Laflin, Lee, Legg, Lennon, Logan, May, Marshall, McCubbins, McDonald of Chatham, Moore, Mulli- can, Nance, Newsom, Nicholson, Parker, Parks, Petree, Ragland, Ray, Read, Renfrow, Rhodes, Robbins, Rose, San- derlin, Stilwell, Teague, Tucker, Turner and Welker — 67. Leave of absence was granted Mr. Ragland until Monday next. Mr. Hood called up the following ordinance : AN ORDINANCE IN RELATION TO MARRIAGES AUTHORIZED BY MILITARY AUTHORITY. 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 all marriages authorized by mil- itary authority since April 1st, 1862, are hereby declared legal and valid. Mr. Ellis offered an amendment, which was lost. The ordinance, as read, was adopted. 1863.] CONVENTION JOURNAL. 46$ The Committee on Revision reported back the following Articles, viz ; Judicial Department, Finance, Municipal Corporations, With a few verbal corrections, excepting section 1st in Mu- nicipal Corporations, which was stricken out. The report was adopted, and the Articles were ordered to* be enrolled as reported by the Committee, for final action and signature. The following ordinance was reported by the Committee of S eventeen, who recommended its adoption : AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF WILMINGTON. Whereas, Certain provisions of an act to incorporate the indabitants of the town of Wilmington, ratified February lst y A. D. 1866, are inconsistent with and contrary to section 22d of the Bill of rights as adopted by the Convention, and pro- posed to be incorporated in the Constitution of the State ot North-Carolina : Section. 1. Beit ordained hy the people of Worth- Carolina in Convention assembled, That so much of section third of the aforesaid act to incorporate the inhabitants of the town of Wilmington, as requires a freehold situated in the city of the value of one thousand ($1,000) dollars, according to assess- ment for taxation, as a qualification to hold the office of Mayor and Alderman of said city, be and the same is hereby repealed. Sec. 2. Be it further ordained, That so much of section fifth of the aforesaid act of incorporation, as requires the in- spector of elections in each ward to be a freeholder, be and hereby is repealed. Sec. 3. Be it further ordained, That within fifteen days after the organization of the State Govornment, under the Constitution adopted by this Convention, the Sheriff of the County of New Hanover, with such assistants as he may ap- 464 CONVENTION JOURNAL. [Session point, shall hold an election for Major, and two (2) Alder- men for each of the four wards of the City of Wilmington, which election shall be in conformity with the provisions of this ordinance, and in the manner prescribed by the seven- teenth (17th) section of the beforementioned act of incorpora^ tion. The person elected Mayor shall hold office until the first Monday in January, 1869 ; and until his successor is qual- ified. Of the persons elected Aldermen of each ward, one shall hold office until the first Monday in January, 1869, and until his successor shall be qualified, and the other shall hold office until the first Monday in January, 1870, and until his successor shall be qualified. The classification of the Alder- men shall be made by the aforesaid Sheriff, in the manner prescribed by the classification of the first Board of Aldermen, by section seventeenth (17th) of the aforesaid act of incorpor- ation. Sec. 4. Be it further ordained, That this ordinance shall be in force from and after the approval by the Congress of the United States of the Constitution framed by this Con- vention. The ordinance was put before the House for action. The yeas and nays were called on its adoption. The call was sustained and the ordinance adopted by the following vote : Those who voted in the affirmative are : Messrs. Abbott, Andrews, Ashley, Aydlott, Bryan, Carter. Chillson, Congleton, Dickey, Fisher, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fullings. Gahagan, Galloway, George, Graham of Montgomery, Grant of Wayne, Gunter, Hall, Harris of Wake, Hay, Hayes of Robeson, Heaton, Hobbs, Hoffler, Jones of Washington. King of Lenoir, Kinney, Laflin, Legg, Logan, Mann, May, Mayo, Marshall, McDonald of Chatham, Mullican, Nance. Newsom, Nicholson, Parks, Petree, Ray, Read, Renfrow. Rich, Rodman, Rose, Stilwell, Teague, Tucker, Turner and Welker— 51. Those who voted in the negative, are : 1868.] CONVENTION JOTIRNAL. 465 Messrs. Baker, Durham, Ellis, Etheridge, Graham of Orange, Hare, Lermon, Merritt and Sanderlin— 9. The Committee on Divorce reported unfavorably on the following cases ! Thomas J. Hancock, Martha Brown, Elizabeth Wood and Henry G. Wood, James Bradley and Nancy Bradley, Little- ton Perry and Leroy S, F. Robeson. The Committee reported favorably on the cases of Ann Underdue and Palmer Babcock. The petitions of Underdue and Babcock were granted. Mr. Cherry, of Edgecombe, introduced an ordinance for the divorce of Sarah Mitchell-. Referred to the Committee of Seventeen* Mr. Read, an ordinance for the divorce of Edward Shrover, The yeas and nays were granted, a majority of the members not voting, it was considered no vote, Mr. Dowd, an ordinance to provide for the re-assessment of lands. Referred to the Committee of Seventeen. Mr. Abbott, an ordinance for the completion of the Wes- tern North-Carolina Rail Road-, and withdrew an ordinance previously introduced. The yeas and nays were taken. The ordinance was adopted by the following vote \ Those who voted in the affirmative, are : Messrs. Abbott, Andrews, Ashley, Baker, Bryan, Carter, Cherry, Chillson, Congleton, Dickey, Dowd, Durham, Ellis, Etheridge, Fisher, Forkner, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Gallo- way, George, Grant of Wayne, Gunter, Hall, Harris of Wake, Hayes of Robeson, Heat on, Hofner, Hollowell, Jones of Cald- well, Kinney, Laflin, Legg, Lennon, Logan, Mann, May, Mayo, Marshall, McCubbins, Merritt, McDonald of Chatham, Mul- lican, Murphy, Nance, Nicholson, Parks, Petree, Ragland, Ray, Read, Rhodes, Rich, Rodman, Rose, Stilwell, Teague, Tucker, Turner and Welker- — 62. Those who voted in the negative, are % 30 466 CONVENTION JOUENAL. [Session Messrs. Aydlott, Graham of Orange, Hare, Hay, King of Lenoir, Newsom, and Sanderlin — 1. AN ORDINANCE FOE THE COMPLETION OF THE WESTEEN NOETH-CAEOLINA EAIL EOAD. Section 1. Be it ordained by the people of Worth- Carolina in Convention assembled, and it is hereby ordained by the authority of the same, That the proceeds of no appropriations or subscriptions which the State of North-Carolina has made or may hereafter make to, or in aid of, the Western [North- Carolina Eail Eoad Company, shall be used in the construc- tion of any branch road except that of French Broad until the main trunk line of said Eail Eoad shall have been completed to Copper Mine, at or near Ducktown. Sec 2. Be it further ordained, That the General Asembly, when the interest of said corporation (the Western North- Carolina Eail Eoad Company) requires it, shall be and the same is hereby authorized and directed to make such further appropriation or subscription to the capital stock of said Eail Eoad Company as will insure the completion of said road at the earliest practicable day. Mr. Eodman offered the following ordinance, which, On motion, was adopted : AN OEDINANCE EXTENDING THE TIME FOE EEGISTEATION OF DEEDS. Section 1. Be it ordained by the people of North-Carolina in Convention assembled, and it is hereby ordained by the aiothority of the same, That no grant or conveyance of lands heretofore made shall be void by reason of the n on -registration thereof previous to this time, but the grantees in such deed* shall have two years from the ratification of this ordinance wherein to register the same : Provided, That nothing herein contained shall extend to mortgages, deeds in trust or marriage settlements. Sec 7. Be it further ordained, That all persons who have 1868.] CONTENTION JOURNAL. 467 made entries of vacant land and paid the purchase money to the State for the same since the first day of January, 1861, shall have until the first day of January, 1869, to perfect titles to the same. Sec. 3. Be it further ordained, That all persons who have heretofore made entries of lands according to law within the time aforesaid, and have not paid the purchase money into the Treasury, shall have until the first day of January, 1869, to make said payment and perfect their titles to said lands : Provided, That nothing herein contained shall be so con- strued as to affect the titles of persons who have heretofore obtained grants for said lands, or the rights of junior enterers, or extending to swamp lands vested in the Literary Board. Mr. McDonald, of Chatham, obtained permission to record his name in the affirmative on the ordinances passed by the Convention in relation to the Chatham and Western Rail Road Gompanies. The following are the divorce ordinances as adopted. A motion to reconsider each ordinance, was, On motion, laid on the table : AN ORDINANCE FOR THE DIVORCE OF PALMER AND LUCIND C. BABCOCK. Section 1. Be it ordained by the people of A 7 orth- Carolina in Convention assembled, That Palmer Babcock be, and he hereby is, divorced from the bonds of matrimony with his wife, Lucind C. Babcock, and that this ordinance shall take effect from and after its passage. AN ORDINANCE FOR THE DIVORCE OF ANN UNDERDUE AND WILLIAM UNDERDUE. Section 1. Be it ordained by the people of North-Carolina, in Convention assembled, That Ann Underdue, formerly Ann Smith, wife of William Underdue, be and she is hereby divorced from the bonds of matrimony with her said husband and that this ordinance shall be in force from and after its passage. On motion, the house ihen adjourned. 468 . CONVENTION JOURNAL. [Session MONDAY, March 16th, 1S68. The Convention Was called to order at 10 o'clock, by the President. Prayer by the Rev. Mr. Hudson. The roll was called and the following members answered to their names : Messrs. Andrews, Ashley, Aydiott, Benbow, Blume, Brad- ley, Bryan, Carey, Carter, Candler, Cherry, Chillson, Col- grove, Congieton, Cox, Daniel, Dickey, Dowd, Duckworth, Eppes, Etheridge, Fisher, Forkner, Franklin, French of Bla- den, French of Rockingham, French of Chowan,. Fullings. Gahagan, Galloway, George, Glover, Graham of Orange, Grant of Wayne, Grant of Northampton, Gully, Gunter, Hall, Hare, Harris of Wake, Harris of Franklin, Hay, Hayes of Robeson, Highsmith, Hobbs, Hodnett, Hoffler, HollowelL Holt, Hood, Hyman, Jones of Caldwell, Kinney, Legg, Len- non, Logan, May, Marshall, McCubbins, Merritt, McDonald of Chatham, Moore, Morton, Mullican, Murphy, Nance, New- som, Nicholson, Patrick, Parker, Parks,. Petree, Pierson. Pool, Ray, Read, Renfrow, Robbins, Rose, Sanderlin, Smith. Stilly, Stilwell, Taylor, Teague 7 Trogden, Tueker, Turner. Watts, Welker and Williams of Wake — 91. The Committee of Seventeen reported the following as an amendment to Article XIII of the Constitution, which was adopted : i ARTICLE XIII. AMENDMENTS. Section 1. No Convention of the people shall be called by the General Assembly unless by the concurrence of two-thirds of all the members of each House of the General Assembly. Sec. 2. No part of the Constitution of this State shall be altered unless a bill to alter the same shall have been read three times in each House of the General Assembly and agreed to by three-fifths of the whole number of members of each House, respectively : nor shall any alteration take place until 1368.] ' CONVENTION JOURNAL. 469 the bill, so agreed to, shall have been published six months previous to a new election of members of the General Assem- bly. If, after such publication, the alteration proposed by the preceding General Assembly shall be agreed to, in the first session thereafter by two thirds of the whole representa- tion in each House of the General Assembly, after the same shall have been read three times on three several days, in each House, then the said General Assembly shall prescribe a mode by which the amendment or amendments may be submitted to the qualified voters of the House of Represen- tatives throughout the State ; and if, upon comparing the votes given in the whole State, it shall appear that a majority of the voters voting thereon have approved thereof, then, and not otherwise, the same shall become a part of the Constitu- tion. The following is the vote on the adoption of the Article on Amendments : Those who voted in the affirmative are : Messrs. Abbott, Andrews, Ashley, Aydlott, Benbow, Blume, Bradley, Bryan, Carey, Carter, Candler, Cherry, Chilson, Colgrove, Congleton, Cox, Daniel, Dickey, Duckworth, Eppes, Etheridge, Fisher, Forkner, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Gallo- way, George, Glover, Graham of Montgomery, Grant of Wayne, Grant of Northampton, Gunter, Hall, Harris of Wake, Harris of Franklin, Hay, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hobbs, Homer, Hollowell, Hood, Flyman, Jones of Caldwell, Jones of Washington, Kinney, Lee, Legg, Logan, May, Marshall, McDonald of Chatham, Moore, Morton, Mullican, Murphy, Nance, Newsom, Nichol- son, Patrick, Parker, Parks, Petree, Pierson, Pool, Ray, Read, Renfrow, Rhodes, Robbins, Rose, Stilly, Taylor, Teague, Trogden, Tucker, Turner, Welkerand Williams of Wake — 84. Those who voted in the negative, are : Messrs. Durham, Graham of Orange, Hodnett, Holt, Len- non, McCubbins, Merritt and Sanderlin — 9. The following ordinance having been reported favorably by the Committee of Seventeen, was taken up, read and adopted : 470 * CONTENTION JOURNAL. [Session AN ORDINANCE IN EELATION TO THE CAPE FEAR AND DEEP RIYER NAVIGATION WORKS. "Whereas, The Cape Fear and Deep River Navigation Works are in a ruinous condition, and in their present con- dition utterly worthless to the State and highly injurious to the interests of the people residing in the valleys of said rivers ; and whereas, it is expedient that said Works shall be made available in developing the resources of said valleys : Section 1. Now therefore be it ordained by the people of North- Carolina in Convention assembled, That for the pur- pose of aiding the Chatham Rail Road Company in [the] transportation of stone for building their bridges, culverts and other masonry, and for the carriage of materials and supplies to points needed, the interest of the State of North- Carolina in said Cape Fear and Deep River Navigation Works from the Gulf Dam, on Deep River, to Northing Dam, on Cape Fear River, both inclusive, is hereby trans- ferred to the said Chatham Rail Road Company, with liberty to said Company to repair, use and make avail of said por- tion of said Works, and all franchises and privileges apper- tenant thereto, to the same extent as is possessed by the State. Sec. 2. Be it further ordained, That the President and Directors of the Chatham Rail Road Company shall have power to transfer and assign said interests herein conveyed and transferred, or any portion thereof, for the purpose of improving the valleys of said rivers. Sec. 3. Be it further ordained, That this ordinance shall be in force from its passage. The Committee of Seventeen reported the following reso- lution : Resolved, That it is the sense of this Convention that it is impracticable to take any definite action, at this late period of the session, on the petition in relation to the formation of a new County out of Iredell, Rowan and Cabarrus Counties, and that said petition is hereby respectfully referred to the earnest attention and consideration of the next Legislature. The resolution was, on motion, adopted. 186 8.] CONVENTION" JOURNAL. 471 The following resolution, reported by the Committee on Elections., was adopted : Resolved, That Lorenzo D. Hall, of Sampson County, and John Marshall, of Surry County, be allowed pay and mileage from the commencement of the session., and that the Presi- dent and Secretary be authorized and directed to sign vouch- ers for the same. The Committee on Revision reported the following substi- tute for sections 2d and 5th of the Article on Suffrage and Eligibility to office; Sec. 2. It shall be the duty of the General Assembly to provide, from time to time, for the registration of all electors, and no person shall be allowed to vote without registration, or to register, without first taking an oath or affirmation to support and maintain the Constitution and laws of the Uni- ted States, and the Constitution and laws of North-Carolina, not inconsistent therewith. Sec. 5. The following classes of persons shall be disquali- fied for office : First, All persons who shall deny the being of Almighty Cod. Second, All persons who shall have been convicted of treason, perjury, or of other infamous crime, since becoming citizens of the United States, cr of corrup- tion, or mal-practice in office, unless such persons shall have been legally restored to the rights of citizenship. The sections were adopted. The Article on Suffrage and Eligibility to office, as amended, was adopted by the following vote : Those who voted in the affirmative are ; Messrs. Abbott, Andrews, Ashley, Aydlott, Blume, Bryan, Carey, Carter, Candler, Cherry, Chillson, Colgrove, Congle- ton, Dickey, Duckworth, Eppes, Fisher, Forkner, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, George, Glover, Graham of Montgomery, Grant of Wayne, Gunter, Hall, Harris of Wake, Harris of Franklin, Hay, Hayes of Robeson, Hayes of Halifax, Heaton, Homer, Hood, Hyman, Jones of Caldwell, Jones of Washing- ton, Kinney, Laflin, Lee, May, Marshall, McDonald of Moore, Moore, Morton, Murphy, Nance, Newsom, Nicholson, Patrick, 472 CONTENTION JOURNAL. [Session Parker, Parks, Petree, Pierson, Pool, Raj, Renfrow, Robbins, Rose, Smith, Stilly, Stillwell, Taylor, Teague, Tourgee> Trogden, Tucker, Turner, "Watts, Welker and Williams of Wake— 75. Those who voted in the negative, are : Messrs. Bradley, Durham, Etheridge, Graham of Orange,, Hare, Holt, Lennon, McCubbins, Merritt, McDonald of Chat- ham, Read and Sanderlin — 12. Leave of absence was granted Mr. Hodnett, Mr. May and Mr. McDonald of Chatham. Mr. French, of Chowan, introduced an ordinance to char- ter the Albemarle Rail Road Company. The ordinance passed its first reading. A motion to suspend the rules was lost. The following resolutions were received, and on motion,, were ordered to be spread on the Journal : CONST. CONTENTION OF SOUTH-CAROLINA, Charleston, March 14, 1868. The following preamble and resolutions were adopted : Whereas, W. H. S. Sweet, Esq., a delegate to the North- Carolina Constitutional Convention, has honored this body with a visit ; therefore be it Resolved, That this Convention sends greeting and good wishes to the Constitutional Convention of our sister State. Resolved, That the President of this Convention is hereby requested to forward a copy of these resolutions to the Consti- tutional Convention of North-Carolina. A. G. MACKEY, Attest : Presidents C. J. Stalbeand, Secretary^ Mr. Ashley introduced the following resolution : Resolved, That the Committee on Contingent Expenses be instructed to audit and allow the accounts of W. H. S. Sweet for expenses to Charleston, S. C, and return, said expenses, having been incurred by order of this Convention. The resolution, on motion, was adopted* 1868.] CONTENTION JOURNAL. 473 Mr. Rich introduced a resolution of thanks to C. J. Cowles, President of the Convention. Lies over. Mr. Hayes, of Halifax, introduced the following resolution, which, on motion, was adopted : Resolved, That it is the sense of this Convention that inter- marriages and illegal intercourse between the races should be discountenanced, and the interests and happiness of the two races would be best promoted by the establishment of separate schools. Mr. Candler moved to reconsider the vote on the ordinance legalizing marriages ordered by military authority. The motion was laid on the table by the following vote : Those who voted in the affirmative, are : Messrs. Andrews, Benbow, Blume, Bryan, Carey, Carter, Cherry, Colgrove, Congleton, Cox, Dickey, Eppes, Eisher, Eorkner, Franklin, French of Rockingham, Gahagan, Gallo- way, Gunter, Harris of Wake, Hayes of Halifax, Llighsmith, Hood, Hyman, Kinney, Laflin, Marshall, McDonald of Moore, Morton, Murphy, Nance, Pierson, Pool, Ray, Renfrow, Smith, Stilly, Stilwell, Sweet andTucker — 40. Those who voted in the negative are : Messrs. Aydlott, Baker, Bradley, Candler, Daniel, Duck- worth, Durham, Etheridge, George, Glover, Graham of Or- ange, Hare, Hoffler, Hollowell, Holt, Jones of Caldwell, Len- non, McCubbins, Merritt, Patrick, Parks, Read, Rhodes, Rose, Sanderlin, Turner and Williams of Wake — 27. The Committee appointed to investigate the election of Mr. Durham, reported. The report was returned to the Committee with instructions to report all the facts that have come to their knowledge. The ordinance for the divorce of Edward Shroyer was taken up. The yeas and nays were demanded. They were granted. A majority not voting, it was declared no vote. Leave of absence was granted Mr. Sanderlin, The following ordinance was, On motion, adopted, yeas 69, nays 5 ; 474 CONVENTION JOURNAL. [Session Those who voted in the affirmative, are : Messrs. Abbott, Bhvme, Bradley, Bryan, Carey, Carter, Candler, Cherry, Chillson, Colgrove, Congleton, Cox, Duck- worth, Eppes, Fisher, Forkner, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fullings, Ga- hagan, George, Graham of Montgomery, Grant of Wayne, Grant of Northampton, Gunter, Hall, Harris of Franklin, Hay, Hayes of Robeson, Hayes oi HaKlax, Heaton, High- smith, Floffler, Hollowell, Hood, Hyman, Jones of Caldwell, Jones of Washington, Kinney, Laflin, Lee, McDonald of Moore, Mullican, Murphy, Nance, Patrick, Parker, Parks, Petree, Pierson, Pool, Ray, Read, Renfrow, Rhodes, Robbins, Rose, Smith, Stilly, Stilwell, Sweet, Teague, Trogden, Tucker, Watts and Welker— 69. Those who voted in the negative, are : Messrs. Durham, Etheridge, Graham of Orange, Hare and Merritt — ,5. AN ORDINANCE FOR THE SUBMISSION OF THE CONSTITUTION TO THE PEOPLE, AND THE ELECTION OF CERTAIN OFFICERS. Section 1. Be it ordained by the people of North- Carolina in Convention assembled, That the Constitution adopted by this Convention be submitted for ratification to the voters of this State, registered and qualified, as provided by the acts of Congress known as the Reconstruction Laws, on the 21st, 22d and 23d of April, 1868. The vote on said Constitution shall be "For the Constitution " and "Against the Constitution." The said election shall be held at the places and under the regulations to be prescribed by the Commanding General of this military district, and the returns made to him as directed by law. Sec. 2. Be it further ordained, That an election shall be held at the same time and place as the ratification of the Constitution, for Senators and Representatives in the General Assembly, and for all State and County officers, who are to be elected by the people under this Constitution. 1868.] CONTENTION JOCTENAL. 475 Sec. 3. Be it further ordained, That an election for mem- bers of the United States Congress shall be held in each Con • gressional District as now established, at the same time and place as the election for ratification of the Constitution. Said election shall be conducted by the same persons and under the same regulations as before mentioned in this ordinance. The returns shall be made to the President of this Convention, who shall give the persons chosen certificates of election. Sec. 4. Be it further ordained, That the Commanding General of this Military District is requested to enforce this ordinance Sec. 5. Be it further ordained, That the President of this Convention is hereby directed to forward a certified copy of this ordinance to the Commanding General ot this Military District. The Committee on Contingent Expenses reported as follows : "We, the undersigned, Committee on Contingent Expenses, have examined the account of W. H. S. Sweet, amounting to the sum of eighty-six dollars, and respectfully recommend that the same be paid. JOHN READ, J. W. HOOD, E. F. TROGDEN, The report was adopted. The House, on motion, adjourned. EVENING SESSION, March 16th, 1868. The Convention was called to order at 7i o'clock, by the President. The Eoll was called and the following members answered to their names : Messrs. Abbott, Ashley, Aydlott, Baker, Benbow, Blume, Bradley, Bryan, Carey, Carter, Candler, Cherry, Chillson, Colgrove, Congleton, Cox, Daniel, Dickey, Duckworth, Dur- 476 CONTENTION JOURNAL. [Session ham, Etheridge, Fisher, Forkner,Franklin, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gaha- gan, Galloway, Glover, Graham of Montgomery, Grant of Wayne, Grant of Northampton, Gully, Gunter, Hall, Hare, Harris of Franklin, Hay, Heaton, Highsmith, Homer, Hollo- well, Hyman, Jones of Caldwell, Kinney, Laflin, Legg, Logan, Marshall, Merritt, Morton, Mullican, Murphy, Newsom, Nich- olson, Patrick, Parker, Pool, Rhodes, Rich, Robbins, Rose, Smith, Stilly, Stilwell, Sweet, Teague, Tourgee, Trogden, Tucker, Turner, Watts, Welker and Williamson — 76. The following ordinance was adopted : AN ORDINANCE APPOINTING COMMISSIONERS TO INVESTIGATE THE ACCOUNTS AND AF- FAIRS OF THE ALBEMARLE AND CHESAPEAKE CANAL COMPANY. Section. 1. Be it ordained by the people of North-Carolina in Convention assembled, and it is hereby ordained by au- thority of the same, That E. W. Jones, C. C. Pool and Ges- bourne J. Cherry, be, and the same are hereby, appointed a Committee to investigate the accounts and affairs of the Al- bemarle and Chesapeake Canal Company with authority to Bend for persons and papers, to examine and take testimony, to fill vacancies in said Commission, should any occur, and to report the result of their investigations, together with such recommendations as they may deem proper to protect the in- terest of the State, to the next meetino; of the Convention or Legislature, and that said Commissioners be paid therefor the sum of six dollars per day each, when actually employed, together with such travelling and incidental expenses that may be incurred in prosecuting said investigation. The following ordinance introduced by W. H. S. Sweet, was, On motion, (after a suspension of the rules.) adopted : 1868.] CONVENTION JOURNAL. 477 AN ORDINANCE TO AMEND \N ORDINANCE OF THIS CONVENTION ENTITLED " AN ORDI- NANCE TO CHANGE THE MANNER OF PAY^ MENT OF THE STATE'S SUBSCRIPTION TO THE •CAPITAL STOCK OF THE WESTERN RAIL ROAD COMPANY." Section 1. Be it ofdained by the people of North- Carolina vn Convention assembled, That section second of an ordinance of this Convention, entitled "An ordinance to change the manner of payment of the State's subscription to the capital stock of the Western Rail Road Company," ratified the 14th day of March, 1868, be and is hereby repealed and declared of no effect. Sec. 2. Be it further ordained, That this ordinance shall be in force from and after its ratification. The ordinance was adopted by the following vote : Those who voted in the affirmative are : Messrs. Abbott, Andrews, Ashley, Benbow, Blume, Bryan, Carter, Candler, Cherry, Chillson, Colgrove, Congleton, Cox, Eppes, Fisher, Forkner, Franklin, French of Bladen, French of Rockingham, French of Chowan, Fullings, Gahagan, Gal- loway, Glover, Graham of Montgomery, Gully, Gunter, Hall, Harris of Wake, Harris of Franklin, Hayes of Robeson, Hayes of Halifax, Highsmith, Hobbs, Hollowell, Hood, Hy- man, LafTin, Lee, Legg, Logan, Mann, Marshall, McDonald of Moore, Murphy, Nance, Patrick, Parks, Pierson, Ray, Renfrow, Rich, Robbins, Rodman, Rose, Stilwell, Sweet, Taylor, Trogden, Tucker, Turner, Watts and Welker— 64. Those who voted in the negative are : Messrs. Aydlott, Ethericlge, George, Hare, Kinney, MeCub- bins, Merntt, Mullican and Parker — 9. The following resolution, introduced by Mr. Sweet, was, On motion, adopted : Resolved, That the President of this Convention is hereby instructed to inform Major General Canby, without delay, that the following offices have been created under the Consti- tution of North-Carolina, to be submitted to the registered 478 CONVENTION JOURNAL. [Session voters of the State, on the 21st, 22d and 23d of April, at which time persons to fill said offices will be elected by the voters aforesaid, viz : STATE AT LARGE. EXECUTIVE. One Governor. One Lieutenant-Governor. One Secretary of State. One Auditor. One Treasurer. One Superintendent of Public "Works. One Superindent of Public Instruction. One Attorney General. JUCIC1AEY. One Chief Justice of the Supreme Court. Eour Associate Justices of the Supreme Court. Twelve Judges of the Superior Court, LEGISLATIVE. Eifty State Senators, to be elected in their respective Dis- tricts. One hundred and twenty members of the House of Repre- sentatives, to be elected in their respective Counties. Twelve Solicitors, to be elected in their respective Judicial Districts. In each County, one Sheriff, one Clerk of the Superior Court, one Surveyor, one Register of Deeds, one Treasurer, and Eive Commissioners. Seven Representatives in the Congress of the United States, to be elected in their respective Districts. Mr. Nicholson read to the House the Constitution as re- vised by the Committee and adopted by the House. 1868.] CONVENTION JOURNAL. 479 Mr. Heaton offered the following resolution, which, On motion, was adopted. Resolved, That the entire Constitution framed by this Convention be and is hereby adopted. Upon the passage of this resolution the yeas and nays were demanded. The demand was sustained. The resolution was adopted by the following vote, yeas 90, nays 10 : Those who voted in the affirmative, are : Mr. President, Messrs. Abbott, Andrews, Ashley, Aydlott, Benbow, Blume, Bryan, Carey, Carter, Candler, Cherry, Chill- son, Colgrove Congleton, Cox, Dickey, Duckworth, Eppes, Fisher, Forkner, Franklin, French of Bladen, French of Cho- wan, Fullings, Gahagan, Galloway, George, Glover, Graham ot Montgomery, Grant of Wayne, Grant of Northampton, Gully, Gunter, Hall, Harris of Wake, Harris of Franklin, Hay, Hayes of Robeson, Hayes of Halifax, Heaton, Highsmith, Hobbs, Hoffler, Hollowell, Hood, Hyman, Jones of Caldwell, Jones of Washington, Kinney, Laflin, Lee, Legg, Logan, Mann, Marshall, McDonald of Moore, Morton, Mullican, Murphy, Nance, Newsom, Nicholson, Patrick, Parker, Parks, Petree, Pierson, Ragland, Ray, Read, Renfrow, Rhodes, Rich, Rob- bins, Rodman, Rose, Smith, Stilly, Stilwell, Sweet, Taylor, Teague, Tourgee, Trogden, Tucker, Turner, Watts, and Wel- ker— 90. Those who voted in the negative, are : Messrs. Baker, Bradley, Durham, Etheridge, Graham of Orange, Hare, Holt, McCubbins, Merritt, and Sanderlin — 10. On motion it was ordered the delegates sign the Constitu- tion in the alphabetical order of Counties. Before any signature was appended to the Constitution, On motion of Mr. Lleaton, the Secretary was directed to note the fact in the Journal that the following interlineations were made in the original copy of the Constitution, viz : Article 1, section 2, line one, " power." Article 3, section 9, line one, " have." Article 4, section 33, line one " several." Article 6, section 1, line four, " twelve." 480 CONVENTION JOURNAL. [Session Article 9, section 7, line two, " Superintendant of Public Works." The following power of Attornies were granted Mr. T. A. Byrnes, the Secretary of this Convention, to sign the Consti- tution : Messrs. R. T. Long, of Richmond County; J. S. Garland, of Yancy and Mitchell Counties ; Jacob liig, of JS^asli Coun- ty ; W. G. B. Garrett, of Haywood and Jackson Counties. The following resolution offered by Mr. Abbott, was, on motion, adopted : Resolved, That the foregoing Constitution be signed by the President and Secretary, and that the members who are ab- sent shall have privilege of signing it between this and the first day of July next. Mr. Abbott moved that while the Constitution was being signed by the delegates of the Convention that the capitol bell be rung. The motion was carried. When the Constitution Was being signed by the delegates. Mr. Tourgee moved a recess for fifteen minutes, which mo- tion prevailed. On motion the following resolution Was adopted : Resolved, That the thanks of this Convention are due and are hereby tendered to the Hon. C. J. Cowles for the impar- tiality, and industry, and faithfulness with which he has pre sided over the deliberations of this body. The following resolution introduced by Mr. Tourgee, was. on motion, adopted : Resolved, That the officers of this Convention be entitled to and receive pay from the first day of the session arid until the completion of their duties. The Committee on Contingent Expenses, to whom was re- ferred the accounts of Messrs George O. Spooner, James Bea- ton, J. Howard Eldridge and J. J. Sawyer, have examin* ed the same and find them correct and recommend their payment. JJN'O READ, Chairman. The House on motion, adjourned to meet at 7 o'clock, A, M>, Tuesday, 1868.] CONTENTION JOURNAL. 481 TUESDAY, March 17th, 1868. The Convention was called to order at 1 o'clock, A. M., by the President. Prayer by the Rev. S. S. Ashley. A quorum present. ; The Journal of Monday was read and approved Mr. Tourgee presented an ordinance divorcing Archibald Haney from his wife, which was read and adopted : AN ORDINANCE OF DIYORCE IN FAYOR OF ARCHIBALD HANEY, OF RANDOLPH COUNTY. Section 1. Be it ordained by the people of North- Carolina n Counties, Towns, &c , 314 " •' v»h Education, &c, 338 " " on Justices of the Peace, 376 " " on Mechanic's Lien, , 380 " " on Miscellaneous Provisions, . 428 " " on t^e Article entitled " Amendments,'" .... 468 Address of Messrs. Rodman and Gahagan. to the people of North-Carolina, . . 483 111 ml i. i iiii IHwIHill ■ Illllll 11 lilt ■ ,yffi i ill I I IS :(h!S!!h' I iiililf ■Htinlltir lllrii i !»*K; I IS IS ill ill ill I ' 'II |||j||t ■if » ll JlHllIIf iff? i ' ii m '