CORNELL UNIVERSITY LIBRARY BOUGHT WITH THE INCOME OF THE SAGE ENDOWMENT FUND GIVEN IN 1891 BY HENRY WILLIAMS SAGE Cornell University Library JK4125 1865 .A25 V.I Journal of the convention of the state o olin 3 1924 030 491 801 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030491801 JOURNAL OF THE CONVENTION OF THE STATE OF NORTH-CAROUNA, AT ITS SESSION OF 1865, EALEIGH : CANNON & HOLDEN, PRINTERS TO THE CONVENTION, 1865. JOURNAL OF THJE CONVENTION. NORTH-OAEOLINA STATE CONVENTION. At a Convention of Delegates elected by the people of the several connties of the State of North-Carolina, in pur- suance of a proclamation issued by His Excellency, Wilwam W. HoLDEN, Provisional, Governor of the State, begun and held in the City of Ealeigh, on the second day of October, in the year of our Lord one thousand eight hundred and sixty- five, and of the Independence of the United States, the ninetieth, the following proceedings were had ; At 12 o'clock, M., the delegates met in the Commons Hall, in the State capital, when On motion of Mr. Tod R. Caldwell, Mr. Lewis Thompson was called to the chair. On motion, Mr. Tod R. Caldwell was requested to act as Secretary. Mr. Moore, of Wake, moved that a committee of three be appointed by the chair to examine and report on Credentials. The motion prevailed and Messrs. Caldwell, of Burke, Winston and Cowper were appointed to constitute the com- mittee. The counties were then called in order, and the committee reported the following delegates entitled to seats : 2 CONVENTION JOUENAL. [Session Alamance— Giles Mebane, John W. McCauley. Anson— Wm. G. Smith, L. L. Polk. Ashe and Alleghany — Mr. Baker. Alexandee — E. M. Stephenson. Bladen — Duncan Kelly. BuEKE— Tod E. Caldwell. Eektie — Lewis Thompson, John Pool, Betinswick — Daniel L. Eussell, Sr. BuNooiiBE — L. L. Stewart. Beaufoet — E. S. Donnell; E. J. Warren. Cueeituck — Camden — Dennis D. Ferebee. Chowan — E. H. Winburne. Cleaveland — D. Beam. Catawba — J. E. Ellis. CuMBEELAND and Haenett — Neill McKay, E. P. Buxton, D. G. McKae. Chatham — G. P. Moore, Eobt. Love, John A. McDonald. Cakteeet— James Eumley. Ceaven— C. C. Clark, M. E. Manly. Cabaeeus — Dr. L. S. Bingham. CoLTJMBrs — A. J. Jones. Caldwell — Caswell — Bedford Brown, M. McGehee. Oheeokee — Duplin — D. B. Nicholson, W. A. Allen. Davidson — Henderson Adams, S. S. Jones. Davie— D. M. Furches. Edgecombe and Wilson — John Norfleet. Feank-Lin — P. H. Winston. FoESTTHE — D. H. Starbuck, I. G. Lash. Gates — Henry Willey. Gaston — Dr. William Sloan. Greene — E. J. Williams. Geanville — E. B. Gilliam, Eugene Grissom, E. B. Lyon. GmLFOED — D. F. Caldwell, Jonathan Harris. Haywood — W. G. B Garrett. 1865.] CONYENTION JOURNAL. i Heetfokd — Richard G. Oowper. Halifax— Edward Conigland, W. "W. Brickell. Henderson and Tbansyltania — A. H. Jones. Hyde — Tones Spencer. Ieedell — John H. McLaughlin, S. B. Bell. Jackson — J. R. Love. Johnston — William A. Smith, Simon Godwin. , Jones — F. G. Simmons. Lincoln — W. P. Bynum. Lbnoie — R. "W". King. Macon — R. M. Henry. Madison— G. W. Gahagan. McDowell — Alney Burgin. Maktin — Jesse R. Stubbs. Mecklenbueg>— Thomas N. Alexander, Alexander Mclver- MoNTGOMEET — J. S. Spenccr. MooEE — A. R. McDonald. Nash — A. B. Baines. E"ew Hanovee — Wm. A. "Wright, Dr. H. F. Murphy. NoETHAMPTON — John B. Odom, William Barrow. Oeange — John Berry, S. F. Pnillips. Onslow — Isaac N. Banders. Pbeqtjimons — Thomas Wilson. Pasquotank — G. W. Brooks. Peeson — Edwin G. Reade. Pm — Churchill Perkins. Richmond — Alfred Dockery. Rockingham — Thomas Settle. Rowan — ^Nathaniel Boyden, L W. Jones. Randolph — S. S. Jackson, Zebedee Rush. R.UTHEEF0ED and Polk — G. W. Logan, C. L. Harris- Robeson — Neal A. McLean, Nathaniel McLean. Sampson — A. A. McCoy, Thomas 1. Faison. v Stanley — James M. McCorkle. Stokes — A. H. Joyce* SuEEY — Samuel Faulkner, Tteeel — Charles McCleese, 6 CONYENTION JOURNAL. [Sessioa Union — Samuel H. Walkup. Waeeen — William Eaton, Jr., P. H. Joyner. Wake— B. F. Moore, H. A. Hodge. Wayne— W. T. Faircbth. Washington — J. C. Johnston. Watauga— Geo. W. Bradley. Wilkes — P. Smith, J. Q. A. Bryant. Tadkin — Thomas Hayues. Yancey and Mitchell — G. Garland. On motion, the report was received and concurred in, and the committee discharged. Mr. Moore, of Wake, offered a resolution that John E. Harrison, Esq., a Justice of the Peace for Wake County, be requested to administer to the members the oath to support the Constitution of the United States. The resolution was adopted, and the oath was administered accordingly. Mr. Caldwell of Burke, moved that the Convention now proceed to organize, by electing a President and other offi- cers. Mr. Boyden nominated for President Hon. Edwin G. Eeade, of Person. No other nomination being made, on motion of Mr. Settle, Mr. Reade was declared unanimously elected. The President jpro tern, appointed Mr. Dockery and Mr. Boyden to conduct Mr. Reade to the chair. On taking his seat Mr. Reade addressed the Convention as follows : Gentlemen of the Convention : As the Representatives of the people of North-Carolina, we are assembled at a time of great perplexity to reorganize the Government which has been disturbed by a protracted and disastrous war. It is gratifying to know that a virtuous and intelligent people have chosen a body of men distinguished for abilities ; 186S.J CONVENTION JOURNAL. 7 of much experience, and of exalted patriotism, fully equal to the grave matters which are entrusted to them. As the interests of our constituents are the same, it is to be hoped that there will be little conflict of opinion among ns ; and that frank speech and courteous manners will dis- tinguish our intercourse, so that he who has been called to preside over our deliberations will find but little inconve- nience from his lack of experience, and will be enabled to use the position with which he has been honored, as he earnestly desires to do, for its legitimate objects only. Fellow- citizens, we are going home. Let painful reflections upon our late separation, and pleasant memories of our early union, quicken our footsteps towards the old mansion, that we may grasp hard again the hand of friendship which stands at the door, and, sheltered by the old homestead which was built upon a rock and has weathered the storm, enjoy to- gether the long, bright future which awaits us. With the guidance of Infinite Wisdom and the care of a merciful Providence, which I earnestly invoke for the Con- vention, and for each individual member, I invite you to the calm consideration and wise solution of the important ques- tions which are to result in the peace, prosperity and happi- ness oT ourselves and of posterity, 'and of the strength and grandeur of our nation. ' The Convention then proceeded to the election of Principal Secretary. Mr. Moore of Wake, nominated James H. Moore, and there being no other no5nination, Mr. Moore was, on motion, declared unanimously elected. The Convention next proceeded to the election of an As- sistant Secretary. Mr. Caldwell, of Burke, nominated Mr. Eich'd. C. Badger, and there being no other nomination, he was, on motion declared unanimously elected. 8 CONVENTION JOURi^AL [Session tOK PSiNCtPAL bOOb^EPEE. Mr. Moore, of Wake, dominated Mr. Mark M. Williams. Mr. Starbuck nominated Mr. H. B. Kingsbury. Mr. Grissom nominated Patrick McGowan.- The President appointed Messrs. Settle and Winston a committee to superintend the election, who reported that there were 101 votes cast, necessary to a choice 51 ; that Mr. !liingsbnry had received 74 votes ; Mr. McGowan 14, and Mr. Williams 13. Mr. Kingsbury having received a majority of the votes cast, was declared elected, and the report was received an(i concurred in. FOE ASSISTANT DOOEEEEPEE. Mr. Moore, of Wake, nominated Mr. P. P. Williams. Mr. McCleese nominated Mr. John H. Hill. The same committee superintended the election and reported ; whole number of votes, 102, necessary to a choice, 52 ; that Mr. Hill had received 87, and Mr. Williams 15 ; and that Mr. Hill having received a majority, was elefcted, and the report was received and concurred itii f OE ENEOtiLING CLEESi. Mr. Moore, of Wake, nominated Mr. Theo. H. HilL Mr. Wright nominated Mr» Thos. S. Keenan. Mr. Caldwell, of Burke, nominated" Mr. J. W. Bowman. The committee reported that the whole number of votes cast was 95 ; that Mr. Hill had received 55 ; Mr. Bowman 21 ; and Mr. Keenan 19. Mr. Hill having received a ma- jority was declared elected, and the report was received and concurred in. FOE PEINTEE TO THE OONVEHTION. Mr. Moore, of Wake, nominated Messrs. Connon & Hol- den, of the North-Carolina Standard, and there being no 1865.] COKVENTION JOUENAL. 9 othet tiomination, they were, on motion, declared unani- mously elected. Mr. Mebane offered the following resolution : Sesolved, That a committee consisting of seven members be appointed by the President to draw up rules for the gov- ernment of the Convention. Mr. Manly moved to amend the resolution by adding that the rules of the last Convention be adopted until the com- mittee shall report permanent rules. Mr. N'orfleet moved to amend the amendment by striking out " last convention," and inserting " convention of 1835," and it was agreed to. The amendment as amended was then rejected and the original resolution adopted. The President appointed on the committee, Messrs. Me- bane, Thompson, Boyden, Phillips, Gilliam, Winston and Manly. Mr. Caldwell of Burke, moved that a committee of three be appointed to wait on the Governor and inform him that the Convention is organized and ready to receive any com- munication he may be pleased to make.' The motion prevailed, and the President appointed Messrs. Caldwell, Pool and Eaton, to constitute the committee. Mr. Winston offered the following, which, on his motion, lies over until to-morrow : Eesolved, That a committee of nine be appointed, whose duty it shall be to report the subject matters proper for the action of this Convention, and the number of committees necessary for the proper disposition of the same. Mr. McGehee offered the following : Mesolved, That the President of the Convention extend an invitation to the Clergy of the City of Raleigh to officiate in succession as Chaplains to the Convention. Mr. Mebane moved to refer the resolution to the commit- tee on Rules, and it was not agreed to. The resolution was then adopted. 10 CONVENTION JOURNAL. [Session Mr, Smith of Johnston, moved that the Convention do now adjourn to 12 o'clock to-morrow. Mr. Wilson moved to say 10 o'clock instead of 12. The amendment was adopted and the Convention adjourned to the hour named. TUESDAY, October 3d, 1865. The Convention met pursuant to adjournment, and the session was opened with prayer by He v. Charles F. Deems, D.D., of the M. E. Church. The following delegates presented certificates, were quali- fied and took their seats in the Convention : E.. Swan, of Cleaveland. Thos. J. Jarvis, of Currituck. Eufus L. Patterson, of Caldwell. Eobert H, Ward, of Rockingham. J. T. Kennedy, of Wayne. G. W. Dickey, of Cherokee. John A. McDonald, of Chatham. W. S. Hanrahan, of Pitt. George Howard, of Edgecombe. Mr. Mebane, from the special committee to report Rules for the government of the Convention, reported a series of rules which were read, and. On motion of Mr. Caldwell, of Guilford, the report was received and adopted. Mr. Mebane moved that 150 copies of the Rules be printed for the use of the Convention, and the motion prevailed. Mr. Caldwell, of Burke, from the committee to wait on the Governor, reported that they had attended to the duty, and that His Excellency would send a communication to the Convention to-day at 12 o'clock. Mr. Clark, of Craven, introduced the following resolution, which lies over one day under the Rules : Besolced, That the President of the Convention be em- 1865.] CONVENTION JOURUAL. 11 powered to admit reporters, not exceeding five in number, and to assign them at bis discretion suitable places in the Hall. Mr. Winston called up the resolution offered by him yes- terday, for a committee to prepare business for the Conven- tion, and the resolution was adopted. The President announced the following gentlemen to constitute the committee : Messrs. B. F. MiDore^ P. H. Win- ston, Wm. Eaton, Jr., S. F. Phillips, M. E. Manly, W. P. Bynum, W. A. Wright, Alfred Dockery and Dennis D. Ferrebee. Mr. King offered the following resolution, which lies over under the Rule : Resolved, That the President of the Convention be autho- rized to procure a National flag to be raised over the Capital during the deliberations of the Convention. At the hour of twelve the President announced a commu- nication from His Excellency, Governor Holden, which was read, as follows : Executive Depaetmknt N. C, Ealeigh, Oct. 3rd, 1865. ' Gentlemen of the Convention : I-do not deem it my duty, under the circumstances, to address you a formal and elaborate message in relation to public affairs. Your duties are too plain to require sugges- tions from me, and I entertain no doubt those duties will be promptly and faithfully performed. North-Carolina attempted in May, 1861, to separate her- self from the Federal Union. This attempt involved her, with other slaveholding States, in a protracted and disastrous war, the result of which was a vast expenditure of blood and treasure on her part, and the practical abolition of domestic slavery. She entered the rebellion a slaVeholding State, and she emerged from it a non-slaveholding State. In other respects, so far as her existence as a State and her rights as a State are concerned, she has undergone no change. The President of the United States wisely determined that her 12 CONVEiJTION JOUKNAL- [Session existence as a State should not be extinguished, but that under that clause of the Federal Constitution which " guar- antees to every State in the Union a republican form of gov- ernment," her people, in Convention assembled, might so alter and amend their constitution, and adopt such measures as would restore the State to her constitutional relations to the Federal Governnipnt, and thus secure, once more to the peo- ple thereof, the immeasurable benefits and blessings of the Union. Allow me to congratulate you, gentlemen, upon the favorable circumstances which surround you, while engaged in the great work of restoring the State to her former and national position. It is my firm belief that the policy of the President in this respect, which is as broad, as liberal and as just as the constitution itself, will be approved by the great body of the people of the United States ; and that the period is not distant, if we are true to ourselves, and properly re- gardful of the reasonable expectations of our friends in other States, when our Senators and Eepresentatives will resume their seats in Congress, and when our State will enjoy, in common with the other States, the protection of just laws un- der the constitution of our fathers. In the touching language of your most worthy presiding officer : " We are going home. Let painful reflections upon our late separation, and pleasant memories of our early union, quicken our footsteps towards the old mansion, that we may grasp hard again the hand of friendship which stands at the door ; and, sheltered by the old homestead, which was built upon a rock, and has weath- ered the storm, enjoy, together the long bright future which awaits us." I take it for granted, gentlemen, that you will insert in the constitution a provision forever abolishing slavery or invol- untary servitude in North-Carolina ; and that you will sub- mit the constitution, when altered and amended, to the peo- ple of State at the ballot-box for ratification or rejection. I do not doubt that the constitution, thus altered and amended, will be ratified by an immense majority of the people. 1865.] CONTENTION JOURNAL. 13 I send herewith the report of Jonathan "Worth, Esq., Pub- lic Treasurer, setting forth the State debt, the condition of the sinking fund, and embracing also a general view of the State finances, both at home and abroad. Also, reports from the Banks and Railroad Companies, showing their condition, and reports from the Superintendent of the Insane Asylum, and the Principal of the Asylum for the Deaf and Dumb and the Blind, containing statements of the condition of these institutions. I also send herewith a report from the Public Treasurer in relation to State property, to which, with the other reports referred to, I invite your careful attention. It will aftord me pleasure, gentlemen, to furnish you with any information in my possession which yon may desire ; and I beg jou to be assured that I will be ready at all times to co-operate with you in such measures as may be deemed essential to promote harmony among our people, and to re- store the State, at the earliest practicable period, to its con- stitutional relations to the Federal Government. I have the honor to be, with much respect, Your obedient servant, W. W. HOLDEN, Provisional Governor. Mr. Caldwell, of Guilford, moved that the reading of the documents accompanying the message be dispensed with, and that 600 copies of each be printed for the use of the Convention, and the motion prevailed. Mr. McGehee moved to re-consider the vote dispensing with the reading of the documents accompanying the Gover- nor's message, and that the report of the Provisional Treas- urer be read before the Convention. The motion prevailed and the report of the Treasurer was read. The following resolutions were introduced, which lie over one day, under the rules : By Mr. Logan, Bmolved, That until otherwise ordered, the Convention ■ 14 CON'VENTION JOURNAL. [Session shall hold daily sessions, (Sundays excepted,) meeting at 10 o'clock, A. M., and adjourning at least at 3 o'clock, P. M. By iVIr. Conigland, Eesolved, That the Governor be requested to communicate to this Convention information as to the specie value, at the time when issued, of the bonds and Treasury notes issued by the State, in aid of the late rebellion against the government of the United States. Then, on motion of Mr. Settle, the Convention adjourned to 11 o'clock, to-morrow morning. WEDNESDAY, Octobee 4th, 1865. , The Convention met pursuant to adjournment. Prayer by Rev. D. B. Nicholson, one of the members from Duplin. The Journal of yesterday was read and approved. Eesolutions introduced yesterday, were taken up, read and disposed of as follows : Eesolution in regard to reporters. Mr. Settle moved to strike out the words " not exceeding five," but withdrew it at the request of Mr. Donnell, who offered a substitute as follows : Resolved, That stenographers, wishing to take down de- bates, shall be admitted at the discretion of the President, who shall assign them such places on the floor, or elsewhere, to effect their object as shall not interfere with the conve- nience of the Convention. The substitute was agreed to and the resolution adopted. The resolution of Mr. King, in regard to a Nationalilag, was read and adopted. Mr. Logan's resolution, specifying honrs of meeting and adjournment, was read. Mr. Donnell moved to lay the resolution on the table, and the motion prevailed. The resolution of Mr. Conigland, asking information of the 1895.] COl^VENTIOiT JOURNAL. IL Governor in regard to the specie value of State bonds, being read, Mr. Grissom moved to lay the resolution on the table, and the motion prevailed. KESOLUTIONS INTEODUCED. By Mr. Jackson, Resolved, That the Governor be requested to communicate to this Convention, whether he has received any information from the President of the United States relative to the State's assuming the debt contracted during the rebellion for the prosecution of the war, before she can be admitted again into the Union ; or whether he has received any information from the President, in his official capacity, on the subject of the State war defct. EEPOETS OF COMMITTEES. Mr. Moore, from the special committee of nine, appointed on yesterday, under the resolution of Mr. Winston, reported as follows: The committee appointed to report the subject matters for the action of the Convention, and the number of the commit- tees necessary for the proper disposition of the same, have had the same under consideration and respectfully report : It appears to your committee that the business proper for, the Convention will be most 'conveniently brought before the Convention under the heads of the following resolutions, which are reported simply as a plan of operations, and not as indicating an opinion on the merits of any of the resolutions : 1. Resolved, hy the delegates in Convention assenibled. That a committee be appointed, consisting of two members from each judicial district, to inquire into the propriety of limiting the number of Justices of the Peace for each County, and the most efficient mode of doing the same ; and if they shall be of opinion that the number ought to be limited to report an ordinance to that effect. 16 CONVENTION JOUENAL. [Session 2. Resolved further. That a committee be appointed to revise the Constitution of the State by collecting together and arranging under articles, sections and clauses, all such parts as belong to the same subject matter, with such changes in the language as are made necessary by the amendments adopted at various times, omitting all such parts as are obso- lete or in conflict with the Constitution of the United States, presenting the Constitution as one instrument without essen- tial change in substance. 3. Resolved further. That a committee of eleven be ap- pointed to report the proper action of the Convention in reference to the secession ordinance of 20th May, 1861. 4. Resolved further. That a committee of eleven be ap- pointed to report the proper action of the Convention in reference to the abolition of slavery. 5. Resolved further. That a committee of f^vo from each present congressional district be appointed, whose duty it shall be to lay off the State into seven Congressional districts, 6. Resolved further. That a committee of eleven be ap- pointed, whose duty it shall be to report what acts of the Convention, the Legislature, and the Courts, since 20th May, 1861, shall be declared in force by this Convention. 7. Resolved fii/rther. That a committee of eleven be ap- pointed, whose duty it shall be to enquire and report what steps, if any, shall be taken by this Convention in procuring a general amnesty for having participated in the late war. 8. Resolved further. That a committee of two from each Congressional District, as now constituted, be appointed, to whom shall be referred amendments to the Constitution not otherwise referred." Mr. Phillips moved that the rule be suspended in order that the report may be now consideredj and it was agreed to. He then moved that the report be received and concurred in, and the motion prevailed. 186s.] CONVENTION JOURNAL. 17 ORDINANCES INTRODUCED AND PASSED FIRST ERADING. By Mr. Moore, of Wake, An ordinance providing for the election of the members of the General Assembly to be convened on the 3rd Monday iu November, 1865, and of Representatives in Congress. By Mr. Jones, of Rowan, " An Ordinance to repeal the Ordinance of Secession." By the same, " An Ordinance to order at an early day the election of municipal officers throughoat the State." By Mr. Manly, " An Ordinance in relation to the authentication of ordi- nances and other acts ot the Convention." By Mr. Love, A series of r-esolntions to amend the Constitution. Mr. Boyden movecJ to suspend the lules in order that the ordinance introduced by Mr. Moore, of Wake, may now be put on its second and chird readiiiji:s. T.'ie motion to su-ipend was not agreed to. The President announced thi:; folK)wing committees under the resolutions repoited by the committee of 9 this morning. On tlie Ordinance an "ordinance for prohibit- ing slavery in North-Carolina," and recommended its passage. The ordinance was read, and passed the first reading. EESOLtTTIOSfS AND OEDINANCES INTRODUCED. By Mr. Allen, Resolved, That the committee on constitutional amend- ments be instructed to inquire into the expediency and pro- priety of so amending the Constitution of the State as to re- quire a property qualification in real estate, of a fixed and certain valuation, instead of a certain number of acres of land, for members of the General Assembly, and also -that the com- mittee inquire into the propriety of fixing a certain age as a qualification for members of the General Assembly ; and also to inquire whether it be not proper to require the voter in any election to reside in the county in which he offers to vote a specified period of time prior to the election. By Mr. Furchea, tm.) CONtENTICDN JOUEUAL. 19 A preamble and resolutions relating to legislation upon pri- vate debts and contracts during the war. By Mr. Ellis, Kesolution of thanks to Andrew Johnston, President of the United States. Mr. Ki6g moved that the rule be dispensed with and the resolution be now put upon its passage, and it was not 'agi'eed to. By Mr. Joyce, Resolved, That a committee of five be appointed by the President to inquire into the value of all property belonging to the State, and also into the propriety of applying the same to the payment of the taxes due from the people of this State to the Federal Government. By Mr. Garland, An ordinance to provide for the election of justiqeg of tbo peace. By Mr. Moore, , of Wake, An ordinance declaring what laws and ordinances are ia force, and for other purposes. The President announced a communication from Hts Ex- cellency, the Governor, transmitting a memorial from the colored convention, recently held in this city, to the State Convention. The memorial was read, when Mr. Thompson moved that the same be referred to a spe- cial committee, and it was agreed to. The President announced the following gentlemen to, con- stitute the committee : Messrs. Pool, Stubbs, MeGeheej Bux- ton and Mclver. The President announced the following committeieg, under •the resolutions reported by tlae^ special e^mmittes of 9; on u yesterday : On amendments to the Consiituiion n&t otherw Im- referred^.'. ■ Messrs. Donnell, Manly, '(Stpbbs, Pool, Wri^t, Dookery^. Winston, Gilliam, Brown,. Ifl^ebane, Ward, 44ws» JBynnm, Caldwell of Burke, Henry, i||,ti(^ JjOgan, Sol eONtENtlON JOtJilifAL [Sessioil On Magistrates /-"Messrs. Mclver, Walkiip, MeCleesCj "Willey, Alien; SpenCer of Svde, Baynes, Hodge, Lyon, Mc- Donald of Chatham, Polk, McRae,- Bradley, Ellis, Garland and Dicheyi On Acts of the Convetiiiofi, the iegidature and the Courts since 1861 /—Messrs. Phillips, McGehee, Wright, Norfleet,' finxfonjBynitoi, Boydeii, ESraoks, Harris of Rutherford, Ooaig- land and Baker. On redistricting the State : — Messrs. Sloan, Jones of Rowairiy Jones of Henderson, Smith of Wilkes, Joyce, McLaughlin, ^McDonald of Moore, McCauley, Smith of Johnston, Joyner, jr. A, IVIcL«an, McKay of Harnett, Perkins, Saunders. Odom and Wilson. UNFINISHED BUSINESS. The Ordinance declaring null and void the ordinance of May 'iiitli, IStjl, was read the second time. Mr. Ferebee offered a substitute, whicli was read. ilu moved to strike out the original ordinance and insert hid siilj-ititiite. Ml-. Caldwell, of Burke, asked for a division. And tlie question being on that part of the motion to strike out, considerable discussion arose. At the hour of 3.20 p. m., On motion of Mr. Brown, the Convention adjourned to 10 o'clock, to-morrow morning.' FRIDAY, October 6th, 1805. The Convention met pursuant to adjournment. Prayer by Rev. J. M. Atkinson, of the Presbyterian Church. Tlie JDurna! of yesterday was read and adopted. Mr. iiloore, of Wake, from the special committee to report ibusiuess for the Convention, made a further report, as fol- lows : The committee appointed to prepare business for the Con- \-vention beg l^ave tp.inake a further report in continuation 1865.] CONVENTION JOURNAL. 21 of the duties assigned them. Again, they would remind the Convention that, upon the subjects mentioned; the committee desire it should be understood they express no opinion as to to the action of the Convention. 1. Jiesolved, That a committee be appointed to enquire and report whether any, and if any, what amendments are proper to be made to the Constitution limiting the power of the General Assembly to increase the indebtedness of the State. 2. Hesolved, That a committee of seven be appointed, who shall report what part, if any, of the action of this Convention shall be submitted to the people for ratification or rejection, and the time and manner of doing the same. 3. Hesolved, That a committee of eleven be appointed to whom the matters embraced in the report of the Treasurer shall be referred, whose duty it shall be to report what action, if any, in relation thereto, ought to be taken by the Convention. Mr. Moore moved that these resolutions; together with those reported by the committee on Tuesday, be printed, and the motion prevailed. Mr. Winston moved to suspend the rules, that the report maybe now considered and it was agreed to, and on his motion the report was received and concurred in. The following resolutions ^nd ordinances were introduced, read, and disposed of as indicated: By Mr. Brown, Wheeeas, a diversity of opinion has existed among the citizens of the United States, as to the rightful powers of a State to secede from the Federal Union ; and whereas, said question was, under the ordinances of the several States wMch passed them, submitted among other questioas to the arbitrament of arms in the late contest between the two sec- tions and decided adversely to said claim of power ; therefore, £e it resolvedly tlie delegates of the people of North Car- olina, in Convention, assembled. That we recognize this dfcisioii as a final and coioclasive settlement of the question, 32 C0NV:ENTI0F journal. [Session- that a State had no rightful power to secede from the Federal ITnioDv Lies over under the ruFe. By Mr. Bynum,. An ordinance to amend the Gonstitntion, which passed' the first reading and placed upon the Calendar. By Mr. Henry, An ordinance to declare the basis of representation and for other purposes. Passed the iirst reading, and placed upon the calendar. By Mr. Jones, of Eowan, An ordinance to apply ta the President for General Avar- ae&ty. Passed tlte first reading, and referred to the committee oq General Amnesty. By Mr. Dickey, An ordinance to forbid the assumption of th© State war debt. Passed the first reading, and placed on the calendar. UNFINISHED BUSINESS. The ordinance repealing the ordinance of the 20th Majr, 1861, was taken up,, being u^nder consideration upon it& second reading. After some time spent therein. The question was put on striking out. Mr. Smith, of Johnston, asked the yeas and nays, and th« same being ordered, resulted yeas 19, nays 94. Those who voted in the affirmative are : Messrs. Alexander, Allen, Brown, Conigland, Eaton, Faison, Ferebee, Henrahan, Howard, Jarvis, Joyner, Ken- neday. Manly, McCoy of Sampson, Mclvor, Mebane, Mur- phy, Ward, Winburne, Wright — 19. Those who voted in the negative are : Messrs. Adams,. Eaines, Baker, Barrow, Beam, Bell, Berry, Bingham, Boyden^ Bradley^ Brickell^ Brooks, Bryan, Burgin^ 1895.] CONVENTION JOURNAL. 23 BnxSpn, Bynum, Caldwell of Burke, Caldwell of Guilford, Clark, Cowper, Dickey, Dockery, Donnell, Ellis, Faircloth,, Faulkner, Furches, Gabagan, Garland, Garrett, Gilliam, Godwin, Grissom, Harris of Guilford, Harris of Eutherford, Haynes, Henry, Hodge, Jackson, Jones of Columbus, Jones of Davidson, Jones of Henderson, Jones of Rowan, Joyce, Kelly, King, Lash, Logan, Love of Cbatbam, Love of Jack- son, Lyon, McCauIey, McCorkle, McKoy of Sampson, McDonald of Cbatbam, McDonald of Moore, McGebee^ McKay of Harnett, N. A. McLean, Nat. McLean, McLaugb- lin, McRae, Moore of Cbatbam, Moore of Wake, Nicbolson, Norileet, Odom, Patterson, Perkins, Philips, Polk, Pool, Reade, Rnmley, Russell, Rush, Saunders, Settle, Simmons, Sloan, Smith of Anson, Smith of Johnston, Smith of Wilkes, Spencer of Hyde, Spencer of Montgomery, Starbuck, Ste-* phenson, Stewart, Stubbs, Swan, Thompson, Walkup, War- ren, Willey, Winston — 94. The Convention having refused to strike out, Mr. Moore, of Wake, offered to amend by inserting, after the word " States " in the 7th line, the words, " and also all acts and parts of acts of the General Assembly, ratifying and adopting amendments to the said Constitution, are," and in the 8th line to insert "have" for "hath," and the amend- ments were adopted. The question recurring on the passage of the ordinance on its second reading, Mr. Stewart asked for the yeas and nays, which being or- dered, resnlted, yeas 105, nays 9. Those who voted in the affirmative are, Messrs. Adams, Alexander, Baines, Baker, Barrow, Beam, Bell, Berry, Bingham, Boyden, Bradley, Brickell, Brown, Brooks, Bryan, Burgin, Buxton, Bynum, Caldwell of Burke, Caldwell of Guilford, Clark, Conigland, Cowper, Dickey, Dockery, Donnell, Eaton, Ellis, Faircloth, Faulkner, Furches, Gabagan, Garland, Garrett, Gilliam, Godwin, Grissom, Har- ris of Guilford, Harris of Rutherford, Haynes, Henrahan, Henry, Hodge, Jackson, Jarvis, Jones of Columbus, Jones of 24 CONVENTION JOUENAL. [Session Davidson, Jones of Henderson, Jones of Rowan, Joyce, Kelly, Kennedy, King, Lash, Logan, Love of Ohatham,f Love of Jackson, Lyon, McCanley, MoOorkle, McDonald of Cfiat- ham, McDonald of Moore, McGehee, Mclvor, McKay, N. A. McLean, Nat. McLean, McLaughlin, McRae, Mebane, Moore of Chatham, Moore of Wake, Nicholson, Norfleet, Odona, Patterson, Perkins, Phillips,- Polk, Pool, Reade, Rnmley, Rnssell, Rush, Saunders, Settle, Simmons, Sloan, Smith of Anson, Smith of Johnston, Smith of Wilkes, Spencer of Hyde, Spencer of Montgomery, Starbuck, Stephenson, Stewart, Stubbs, Swan, Thompson, Walkup, Warren, Willey, Win- burne, Winston, Wright — 105. Those who voted in the negative were, Messrs. Allen, Faison, Ferebee, Howard, Joyner, Manly, McKoy, Murphy, Ward— 9. Mr. Manly moved to suspend the rule and put the ordi- nance oil its final passage, and the motion prevailed. The ordinance was then read the third time, passed the third reading and was ordered to be enrolled. The President announced the following committees under resolutions reported by the special committee of 9 this morn- ing: On svhmitting Ordincmoes of the Convention of the pe(ypl6 : Messrs. Moore of Wako, Donnell, Manly, Boyden, Stewart, Jones of Columbus, and Patterson. On limiting the Legislatv/re in regard to indebtedness of the State : — Messrs. Eaton,Settle, Henry, Buxton and Howard. On the Treasurer's Report : — Messrs. Wright,La8h, McRae, Dockery, Brickell, Barrow, Winburne, Caldwell of Guilford, Alexander, Burgin and Garrett. Also, Committee on Enrollments: — Messrs. Caldwell of Burke, and Clark. Mr, McRae moved that the ordinance heretofore intro- duced, in regard to the election of justices of the peace, be taken up and referred to the committee on Justices, and it was agreed to. 1865.] CONVENTION JOURNAL. 25 Mr. Manly moved to suspend the rule and take up the ordinance in relation to the authentication of ordinances and other acts of the Convention, and put the same on its several readings, and it was agreed to. The ordinance passed the second and third readings, and was ordered to be enrolled. Then on motion of Mr. Sloan, at 4 h., 25 m. p. m., the Convention adjourned to 10 o'clock to-morrow morning. SATUEDAY, Octobeb 7th, 1865. The Convention met pursuant to adjournment. Prayer by Eev. Thomas E. Skinner of the Baptist Church. The journal of yesterday was read and adopted. The President called the attention of the Convention to a Map of the State, presented to the Convention by Messrs. Branson & Farrar of the city of Raleigh. Messrs. McCleese, Johnston and Wilson, who were absent yesterday on account of illness, asked and obtained leave to record their votes on the question of striking out the ordi- nance to repeal the ordinance of May 20th, 1861, and on the passage of the ordinance on its second reading. Each voted " nay^" on the question to strike out, aud " aye," on the passage of the ordinance. The following ordinances and resolutions were introduced : By Mr. Nicholson, Resolved, That a special committee of five be appointed whose duty it shall be to inquire into the expediency of re- organizing the Militia of the State, and to report an ordi- nance for that purpose, if it deem a necessity for such organization exists, or is likely to exist in a short time. Lies over under the rule. By Mr. N. A. McLean, An ordinance for the abolishing of slavery, passed the first reading and placed upon the Calendar. By Mr. Starbuck, 26 CONVENTION" JOUENAL. [Session An ordinance to protect the freedmen from th« evils of intemperance. By Mr. Faulkner, An ordinance to provide for homesteads. By Mr. Love, of Jackson, A resolution of thanks to Messrs. Branson & Farrar for map of the State. Passed, under suspension of the rule. By Mr. Jones, of Henderson, Resolved,- Tliat the committee to inquire into the propriety of limiting the number of Justices of the Peace for each county, and the most efficient mode of doing the same, be requested to inquire into the propriety of electing the Magis- trates in each Captain's beat in each county in the State, and 80 many in each city and town as said cities and towns may require, and that said Magistrates be paid certain fees for their services, to be regulated by the State Legislature. Referred to the committee on Justices of the Peace. -By Mr. Settle, An ordinance recognizing the just debts of North- Carolina, and prohibiting the payment of all public debts created or Incurred in aid of the late rebellion. By Mr, McKoy, of Sampson, Whereas, it appears from the vote of this Convention upon the ordinance passed for the purpose of declaring null and void the ordinance of secession of the Convention of 1861, that there is a want of unanimity among the members of this Convention as to the desire to return North-Carolina to her allegiance to the Eederal Government ; therefore, Be it resolved^ That the delegates of this Convention, as reflecting the sentiments of the people of the State, unani- mously desire the early restoration of North-Carolina to her federal relations with the other States composing the govern- ment of the United States under the Constitutional Union. On motion of Mr. Conigland, the resolution asking of the Governor information in regard to the specie value of bonds 1865.J CONVENTION" JOURNAL. 27 of the State at the time of issue, was taken up for con- sideration. Mr. Donnell moved that the resolution be laid upon the table, and the motion prevailed. UNFmiSHED BUSINESS. The ordinance proTiding for the election, at an early day, of municipal officers, was read the second time. Mr. Jones, of Kowan, moved to amend by striking out all after the word " therefore," and inserting a provision re- quiring the Provisional Gorernor to order an election on the third Monday in November, for Mayor and Comnaissioners of the towns and cities of the State. Mr. Phillips moved to lay the whole matter on the table, and the motion was agreed to. An ordinance to repeal the ordinance of secession, was read second time, and On motion of Mr. Jones, of Rowan, was laid upon the table. Eesolutions to amend the Constitution — read and referred to the committee on Constitutional Amendments. Mr. Caldwell, of Burke, from the committee on enrollment, reported as correctly enrolled, " An Ordinance declaring null and void the ordinance of 20th May, 1861," and, " An Ordinance in relation to the authentication of ordi- nances and other acts of the Convention." And the same were ratified in open Convention, The Ordinance prohibiting slavery in the State of North- Carolina, was read the second time. Mr. Odom proposed to amend by striking out all after the ordaining clauses, inserting the following : " Th^t the institution of slavery having been destroyed in the State of North-Carolina, hereafter neither slavery nor involuntary servitude shall ever exist in this State, except as a punishment for crime, whereof the party shall have been duly convicted." 28 CONVEMTION JOURNAL. [Session Mr. Smith, of Johnston, moved to amend the amendmeni by adding, after the word " North-Carolina," in the third line, the words, " by the secessionists," but afterward with- drew the amendment. The question recurring on Mr. Odom's amendment, it was not agreed to. Mr. Faison moved to amend by striking out the word " forever," from the 6th line, but afterward withdrew it. The question again recurring on the passage of tlie ordi- nance on its second reading, Mr. Stewart asl^ed for the yeas and nays, and the same being ordered, resulted, yeas 109, nays none. Those who voted in the affirmative,' are, Messrs. Adams, Alexander, Baines, Baker, Barrow, Beam, Bell, Berry, Bingham, Boyden, Bradley, Brickell, Brown, Brooks, Bryan, Burgin, Buxton, Bynum, Caldwell of Burke, Caldwell of Guilford, Clark, Conigland, Dickey, Dockery, Donnell, Eaton, EU's, Faircloth, Faison, Faulkner, Furches, Garland, Garrett, Gilliam, Godwin, Grissom, Harris of Guil- ford, Harr's of Kutherford, Haynes, Henrahan, Henry, Hodge, Jackson, Jarvis, Johnston, Jones of Columbus, Jones of Davidson, Jones of Henderson, .Jones of Rowan, Joyner, Kelly, Kennedy, King, Lash, Logan, Love of Chatham, Love of Jackson, Lyon, Manly, McCauley, McCleese, Mc»jorkle, McDonald of Chatham, McDonald of Moore, McGehee, Mclvor, McKay, of Harnett, K A. McLean, Nat. McLean, McLaughlin, McRae, Mebane, Moore of Chatham, Moore of "Wake, Murphy, Nicholson, Norfleet, Odom, Patterson, Per- kins, Phillips, Polk, Pool, Eeade, Rumley, Russell, Rtish, Saunders, Settle, Sloan, Smith of Anson, Smith of Johnston, Smith of Wilkes, Spencer of Hyde, Spencer of Montgomery, Starbuck, Stephenson, Stewart, Stubbs, Swan, Thompson, Walkup, Ward, "Warren, "Willey, "Williams, "Winburne, Win' ston and "Wright — 109. Mr. Settle moved that the rule be suspended, and the or dinance be now placed on its final reading, and the motioi prevailed. 1865.] CONVENTION JOURNAL. 29 The ordinance was then read third time, passed third reading, and ordered to be enrolled. Mrv R. J. Williams, delegate elect from the county of Greene^ presented his credentials, was qualified, and took his seat. Mr. Williams asked and obtained leave to record his vote in the negative on the motion to strike out the ordinance de- ■claring null and void the ordinance of secession, and "yea" •on the passage of the same on its second reading. The oi'dinance (No. 10) providing for the election of mem- bers of a General Assembly to be convened on the third Mon- day of November, 1865, and of Representatives in Congress, and Governor of the State, was read the second time. Mr. Moore moved to amend as follows: 111 6fh line, sec. 5, before "have," insert "either." In Idtli lino, strike out the word " who." In 16tli line, after "proclamations," insert "unless par- doned." 7t!i sec , 2d line, insert " seven " before " Reprosentatives."' Also, to acid five sections to the original ordinance, and the iimeiidineiits were adopted. ilr. ilc '. ay, of Llarnett, to amend so as to make the elec- tion for members of the General Assembly to take place on 'the second instead of the iirst Thursdaj^ of November, and the atiifudiiierit was adopted. Mr. Htiiny moved to amend by striking out of 7th line, Ist section "1866"" and inserting "1868," and it was not agreed to. Mr. Bynnin, ' ' To amend by adding a section abolishing property i|iiali- ficafion for members of the Senate and House of Commons, and it was not adopted. On th's amendment Mr. Stewart asked the yeas and nays, and the Convention refused to order the same. Mr. J^uxfon, To amend by omitting in section 5, all after " State," and adding " the laws thereof in force immediately before the 30 CONVENTION JOURNAL. [Sessioi 20th of May, 1861, except that the payment of a poll tax shall not be required," and it was not agreed to. Mr. Logan, To amend 8rd section, so that the Special Courts or any three of them may appoint judges of election in the several counties, and it was not agreed to. By Mr. Love, of Jackson, An additional section, providing for the election of a Lieu- tenant Governor ; not adopted. By Mr. Furches, An additional section to provide for the election of sheriffs and clerks of courts ; not adopted. By Mr. Stewart, An additional section for the election of judges ; not agreed to. The ordinance as amended, then passed the second reading. Mr. Moore, of "Wake, Moved to suspend the rale and- put the ordinance on its final passage, and the motion prevailed. The ordinance was read the third time, passed the third reading and was ordered to be enrolled. On motion of Mr. Phillips, the ordinance declaring what laws and ordinances are in force, was referred to the commit- tee on that s'ibject. Mr. Gahagan asked and obtained leave to record his vote in the affirmative on the ordinance abolishing slavery, Mr. Ferebee asked and obtained the same privilege. The resolutions (No. 19,) of instruction to the committee on constitutional amendments, was taken up and referred to that committee. (No. 20.) A Resolution to appoint a committee of inquiry in regard to State property, was read and adopted. (No. 21.) Resolution of thanks to President Johnson and Governor Holden was read, and, on motion, referred to a select committee. 1865.] CONVENTION JOURNAL. 31 The President appointed Messrs. Ellis, Warren, Spencer of Montgomery, Kennedy and Nat. McLean to constitute said committee. (No. 22.) Preamble and Eesolutions relating to legislation npon private debts contracted during the war, was rei'erred to a select committee. Mr. Settle moved that a select committee of eleven be appointed, to which matters of finance shall be referred, and that the ordinance introduced by him this morning be referred to said committee, and the motion prevailed. Then, on motion, at 2 o'clock and 40 minutes p. m., the Con- vention adjourned to 10 o'clock Monday morning. MONDAY, OoTOBEE 9th, 1865. The Convention met pursuant to adjournment. Prayer by Rev. Henry Hardie, of the Presbyterian Church. The Journal of Saturday was read and adopted. The President announced the following committee on Pub- lic and Private Debts, in pursuance of the motion of Mr. Settle, adopted on Saturday : Messrs. Settle, Jackson, Wins- ton, Rumley, Russell, Allen, Logan, Dickey, Patterson, Mc- Donald of Chatham, and Ferebee. Messrs. Howard, Cowper and Wilson asked and obtained leave to record their votes in the affirmative on the passage of the ordinance abolishing slavery in North-Carolina, and Mr. Wilson in the afiirmative on the ordinance repealing the ordinance of May 20th, 1861. EEPOETS OF COMMITTEES. Mr. Gilliam, from the committee on general amnesty, re- ported back resolution (No. 27,) with a substitute, and recom- mended its passage. Mr. Sloan, from committee on re-districting the State, re- ported an ordinance (No. 37,) for that purpose, which passed the first reading. 32 CONVENTION JOUENAL. [Session Mr. Phillips, from the committee declaring what laws and ordinances are in force, reported back the ordinance with amendments, and asked that it be re-committed to have the amendments properly inserted in the ordinance, and that the same be printed, and it was so disposed of. Mr. Settle asked and obtained leave for the committee on public and private debts to sit during the sessions of the Convention. RESOLUTIONS AND ORDINANCES. By Mr. Phillips, (No. 38 ) Ei'solved, That a committee be appointed to inquire andrepf)rtto this Convention whether any part of the public records heretofore deposited in this Capitol, are now missiiijj; and if so, whither any and what action npon the part of this Convention is necessary for their restoration to proper places of deposit. Lies over. By Mr Caldwell, ot Burke, (No. 89.) Resolved, Tiiat the President of this Convention be anthorized and requested to cause the ordinance entitled " an ordinance declaring null and void the ordinance of May iiOih, 18H1," to be enrolled on parchment, and that after being so enrolled, the delegates to this Convention, who may choose to do so. shall have the privilege of signing theii' names thereto, with the name of the counties which they respec- tively represent. Lies over. v By Mr. Joyner, (No. 40.) A preamble and resolutions relating to legisk' tion upon |irivate debts contracted previous to the outbreak of the late war and during its continuance. Lies over. By Mr. McDonald, of Chatham, (No. 41 ) Resolved., Tliat the committee on constitutional amendments be instructed to inquire into the expediency of framing an ordinance amending the Constitution of the State, 80 as to give to the people, in addition to the officers hereto- fore elected by them, the election of Judges of the Supreme 186s.] CONVENTION JOURNAL. 33 and Superior Courts of Law and Equity, Attorney General, Solicitors for the several judicial circuits, County Solioitor3, Clerks and Masters in Equity, Coroners, Justices of the Peace, and all other State and County officers heretofore elected otherwise than by the pebple. Lies over. By Mr. Mclver, (No. i2.) Eesolution to raise a committee of inquiry and to report upon the propriet^f of authorizing the Legislature to establish a Penitentiary and for other purposes. By Mr. Howaixi, (No. 43.) ReKolved, That the committee to consider the acts of Convention, &c., since May '20th, 1861, be instructed to inquire into the propriety of affirming the charter of the Piedmont Railroad Company, and to repoi t whether, in their opinion, the Stare has any interest in the same. By Mr. Bynum, (No. 41 ) A Resolution ordering the Printer to the Con- vention to print 120 copies of the State Constitution for the Tise of the Convention. On his motion the rule was suspended and the resolution adopted. By Mr. Donnell, (No. 45.) An Ordinance to provide for the payment of the State debt contracted before the war, which passed and was referred to the committee on Public and Private debts. By Mr. Smith, of Johnston, (No. 46.) An Ordinance to amend section six of the Con- Btitution of the State, and article first, section third, and first clause of amended Constiintion. By Mr Baker, (No. 47.) An Ordinance in relation to public roads, passed the first reading and placed on the calendar. By Mr. McRae, (No. 48.) An Ordinance providing for the election of two members to the House of Commons from the county of Cum- berland, and one from the county of Harnett. Passed first reading and placed upon the calendar. Si CONVENTION JOUENAL. [Session By Mr. Moore, of "Wake, (No. 49.) An Ordinance qualifying voters in the election for officers of the State and Representatives in Congress. By Mr. Thompson, (No. 50.) An Ordinance in relation to the late officers of the State. Passed first reading and placed on the calendar. By Mr. Love, of Jackson, (No. 51.) An Ordinance to reorganize the Supreme Court. Passed first reading and placed on calendar. Mr. Caldwell, of Burke, moved that the committee to con- solidate the Constitution be allowed to employ a clerk, and the motion was agreed to. Mr. Love, of Jackson moved to reconsider the vote by which the ordinance providing for the election of members of the General Assembly, members of Congress and Gov- ernor, passed the third reading on Saturday. On this question, Mr. Love asked for the yeas and nays, which being ordered, resulted yeas 93, nays 20. Those who voted in the affirmative are, Messrs. Adams, Alexander, Allen, Baines, Baker, Barrow, Beam, Bradley, Brown, Brooks, Bryan, Burgin, Buxton, By- num, Caldwell of Burke, Caldwell of Guilford, Dickey, Dock- ery, Donnell, Ellis, Faircloth, Faison, Faulkner, Ferebee, Furches, Gahagan, Garland, Garrett, Gilliam, Grissom, Har- ris of Guilford, Harris of Kutherford, Haynes, Henry, Hodge, Howard, Jackson, Jarvis, Johnston, Jones of Columbus, Jones of Davidson, Jones of Henderson, Jones of Rowan, Joyce, Joyner, Kelly, Kennady, King, Logan, Love of Chat- ham, Love of Jackson, Manly, McCauley, McCorkle, McKoy of Sampson, McDonald of Chatham, McDonald of Moore, McGehee, Mclver, McKay of Harnett, N A. McLean, Nat. Mclean, McEae, Moore of Chatham, Murphy, Nicholson, Norfleet, Phillips, Polk, Pool, Eeade, Eumley, Eush, Settle, Simmons, Sloan, Smith of Anson, Smith of Johnston, Smith of Wilkes, Spencer of Hyde, Spencer of Montgomery, Star- buck, Stephenson, Stewart, Stubbs, Swan, Thompson, Walkup, Ward, Warren, Williams, Wilson and Winston— 93. i865.J tJOl^YENTION ^TOURKAL 3S Th6se who voted in the negative are, Messrs. Bell, Berry, Boyden, Brickell, Clark, Conigland, Cowper, Godwin, Henrahan, Lash, McCleese, MeLaiighHo, Moore of Wake, Odom, Perkins, Enssell, Saunders, Willey, Winbarne and 'W"right^20. trNFINISHED BUsWESS. (No. 23 ) The ordraaM*6 declaring that the result of the war has settled th6 question of secession, was read second time. Mr. Boyden moved to lay it on the table, and the motion prevailed. (No. 24.) An ordinance to forbid the assumption of the war debt. Mr. Caldwell, of Guilford, moved to lay the same on the table, and the motion prevailed. (No. 25.) An ordinance to declare the basis of represen- tation, and for othgy purposes, was read, and Mr. Bynum moved to refer to a select committee of five, and it was so referred. (No. 26.) An ordinance to amend th;|f 2d section 1st ar- ticle of amendments to the Constitution — read and referred to the last named committee. The President announced a message from his Excellenej, the Governor, transmitting a communication from Dr. R. J. Powell, State Agent at Washington, which was read before the Convention. Mr. Brooks moved to take up (No. 10) an ordinance to pro- vide for the election of menabers of the General Assembly, &c., and it was agreed to. The ordinance was, on motion of Mr. PhjHips, read; by sec- tions, and amendments offered thereto as follows : By Mr. Grissom, At end of Ist section, strike out " 186gi,^'- and insert " 1867,'' Mr. Howard asked a division of the questipoj aii^ oii ^6 COKVENTIOK" JOtTENAL. [Sessioo striking out demanded the yeas and nays, which were or- dered, and resulted yeas 29, nays 84. Those who voted in the affirjaative, are, Messrs. Barr6w, Brown, Brooks, Caldwell of Burke, Doa- nell, Faircloth, Gilliam, Grissom, Harris of Eutlierford, Hen- ry, Hodge, Johnston, Jones of Columbus, Kelly, King, McCorkle, McGehee, Moore of Chatham, Pool, Reade, Settle, Smith of Johnston, Smith of Wilkes, Spencer o'f Hyde, Stew- art, Swan, Thompson, Warren, Williams— 20. Those who voted in the negative, are, Messrs. Adams, Alexander, Allen, Baines, Baker, Beairi, Bel!, Berry, Bingham, Boyden, Bradley, Brickell, Bryan, Bnrgiri, Bnxton, Bjnum, Clark, Conigland, Cowper, Dickey, Dockery, Eaton, Ellis, Faison, Faulkner, Ferebee, Furches, Galiagan, Gar'andi Garrett, Godwin, Harris of Guilford, Hayiies, Henrahan, Howard, Jackson, Jarvis, Jones of Da- vidson, Jones of Henderson, Jones of Ilowan, Joyce, Joyner, Kennedy, Lash, Logan, Love of (Jliatham, Love of Jackson, Manly,, McCauley, McCleese, McKoy of Sampson, McDonald of Chatham, McDonald of Moore, Mclver, McKay of Harnett, N. A. McLean, Nat, McLean, McLaughlin, McRae, Moore of Chathatp, ^fpore"bf Wake, Murphy, Nicholson, Norfleet, Odom, Perkins, Phillips, Polk, Russell, Push, Saunders, Simipons, Shiajj, .Smith of Anson, Spencer of Montgomery, Starbuck, Stephenson,.Stubbs,Walkup,Ward, Willey, Wilson, Wiiihurne, Winstopr^^^. By Mr. Logan, ,6rli line of 1st sectipn strike put all after the word "next" and insert "regular election whiich. may take place after the year 1866." .Mr.,,Phinips moved to a,men,d the .amendment, by insert- m% the words " after 1865, in the fifth liAo, to the end of the firtit section," stand as a part of the ordip^nee; and it was aflo-pted. "3], he , adoption of this amendment was a ,vii!tu,al /ejection of ,t,he;a,pip4B?eDt of Mr. Logan. i86§.3 CONVENTION JOtJRif At. 37 By Mr. Love, ■To amend, by striking out of the 4th line, Ist section of the printed bill, the word " third " and insert " fourth ;" and the amendment was adopted. Mr. Caldwell, of Burke, moved to strike out of section 2 the word " directed," and insert " authorized and requested ;" and the amendment was adopted. Mr. Love, of Jackson, To amend 5th section by adding " and provided also, that the payment of a public tax shall not be required as a quali- fication of the voter in the elections in November next." A-dop-ted. Mr. Grisaom moved to amend 15th section, by striking out at the end " 1867" and inserting " 1868." On this question Mr. Clark asTjed the yeas and nays, which being ordered, resulted yeas 33, nays 79- Those who voted in the aflBrmative, are, Messrs. Barrow, Brown, Brooks, Bryan, Caldwell of Burke, Donnell, Ellis, Faircloth, Garland, Garrett, Gilliam, Godwin, Grissom, Harris of Rutherford, Henry, Jones of Columbus, Kelly, King, Logan, Love of Chatham, McCorkle, McDonald of Chatham, Moore of Chatham, Keade, Settle, Sloan, Smith of Johnston, Smith of Wilkes, Spencer of Montgome.y, Tliompson, Warren, Williams — 33. Those who voted in the negative, are, Messrs. Adams, Alexander, Allen, Baines, Baker, Beam, Bell, Berry, Bingham, Boyden, Brickell, Burgin, Buxton, Bynum, Caldwell of Guilford, Clark, Conigland, Cowper, Dickey, Dockery, Eaton, Faison, Faulkner, Ferebee, Fnrches, Gahagan, Harris of Guilford, Haynes, Henrahan, Howard, Jackson, Jarvis, Johnston, Jones of Davidson, Jones of Hen- derson, Jones of Eowan, Joyce, Joyner, Kennedy, Lash, Love of Jackson, Manly, McCanley, McCleese, McKoy of Samp- son, McDonald of Moore, Mclver, McKay of Harnett, N. A , McLean, Nat. McLean, McLaughlin, McRae, Moore of Wake, Murphy, Nicholson, Norfleet, Odom, Perkins, Phillips, Polk, Ramley, Russell, Rush, Sauaqlers, Sinjinons; Smith ojf AnsoUj 38 CONVENTION JOUENAL. [Session Spencer of Hyde, Starbnck, Stephenson, Stewart Stubbs, Swan, Walkup!! Ward, Willey, Wilson, Winburne, Winston^ Wright— 79. So the amendment was not agreed to. Mr. Furches offered to amend by adding a section pro- viding for the election, at the same time, of Sheriffs and Clerks of Courts for the several counties, and the amendment was not agreed to. The ordinance, as amended, then passed the third reading, and was ordered to be enrolled. On motion of Mr. Sloan, the Convention adjourned to 10 o'clock to-morrow morning. TUESDAY, OoTOBEB 10th, 1865. The Convention met pursuant to adjournment. Prayer by Eev. B. Craven, D. D., of the M. E. Church. The Journal of yesterday was read and adopted. BEPORTS OF COMMITTEES. Mr. Mclver, from the committee on Magistrates, reported (No. 52) an ordinance limiting the number of Justices of the Peace, and for other purposes, which passed the first reading. Mr. Garland, from the same committee, made a minority report, recommending (No. 53) an ordinance in regard to Justices of the Peace, which passed the first reading. Mr. Winston, from the committee on Public and Private Debts, made a report, recommending that no action be taken on the subject of the debts of the State at the present session of the Convention, but postponed to a future session, which the committee supposed would be held, and asked to be dis- cbarged from the further consideration of the subject. Mr. Settle moved to suspend the rule that the report may be now considered, but withdrew the motion at the sug- gestion of 1865.] CONVENTION JOURNAL. 39 Mr. Thompson, wlio moved to make the report the special order for to-morrow at 11 o'clock, a. m. The President decided that the motion was not in order, nnder th-e rules, upon the first reading of the report, whereupon, Mr. gettJe renewed his motion to suspend the rule and ■consider the report to-day. On this motion of Mr. Settle, the yeas and nays were or- ■dered, and resulted yeas 47, nays TO. Those who voted in the affirmative are, Messrs. Alexander, Barrow, Bingham, Brooks, Bryan, Dickey, Dockery, Donnell, Ellis, Faulkner, Gahagan, Garland, Godwin, Haynes, Henrahan, Henry, Hodge, Jackson, Jarvis, Johnston, Jones of Columbus, Jones of Henderson, Joyce, Kelly, Lyon, McCanley, McCleese, McCorkle, McDonald of Chatham, McDonald of Moore, McLaughlin, Moore of Chat- liam. Pool, Hush, Settle, Simmons, Sloan, Smith of Johnston, Smith of Wilkes, Spencer of Hyde, Spencer of Montgomery, Stewart, Stubbs, Swan, Thompson, Ward, Williams — 47. Those who voted in the negative are, Mr. President, Messrs. Adams, Allen, Baines, Baker, Beam, Bell, Berry, Boyden, Brickell, Brown, Burgin, Buxton, By- num, Caldwell of Burke, Caldwell of Guilford, Clark, Conig- land, Cowper, Eaton, Faircloth, Faison, Ferebee, Furches, Oarrett, Gilliam, Grissom, Harris of Gailford, Harris of^ Kutherford, Howard, Jones of Davidson, Jones of Rowan, Joyner, Kennedy, Kiag, Lash, Logan, Love of Chatham, Love of Jackson, Manly, McKoy of Sampson, McKay of Harnett, McGehee, Mclver, N. A. McLean, Nat. McLean, McRae, Mebane, Moore of Wake, Murphy, Nicholson, Nor- fleet, Odom, Patterson, Perkins, Phillips, Polk, Rumley, Russell, Saunders, Smith of Anson, Starbuck, Stephenson, Walkup, Warren, Willey, Wilson, Winburne, Winston, Wright— 70. So the motion to suspend was not sustained. Mr. Brown asked and obtained leave to make a personal explanation in regard to the Resolutions introduced by him. 40 CONVENTION JOUKNAL. [Session declaring that the result of the war has settled the question of secession, and which were laid upon the table on yesterday Mr. Caldwell, of Burke, from the committee on enroll- ments, reported as correctly enrolled the ordinance prohibi- ting slavery in the State of North-Carolina, and the same was ratified in open Convention. The following Ordinances and Eesolutions were introduced and passed the first reading : By Mr. "Wilson, (No. 54.) An Ordinance providing for the support of the pauper t'reedmen And other colored paupers in North-Carolina. By Mr. Lyon, (No. 55.) An Ordinance entitled, " A belief Ordinance." By Mr. Starbuck, (No. 56.) Eesolution to appoint a committee to report how much of the late debts was for war purposes, how much for other purposes, the specie value of said debt, the best means of discharging the same, and giving us a good currency and relief to the people. By Mr. Caldwell, of Guilford, (No. 57.) Resolution inquiring of the Public Treasurer what amounts have been expended for the relief of the families of indigent soldiers for the purchase of corn for the use of the counties and for the salt works, and in what cur- rency these disbursements were made. By the same, (No. 58.) Resolution calling on the Governor for copies of certain acts of the General Assembly passed in secret session. By Mr. Pool, (No. 59.) Resolutions requesting the President to proclaim the people of North.Carolina restored to their rights and privileges under the Constitution and the Union. By Mr. Logan, (No. 60.) Resolutions defining what subjects should be considered by the Convention, and providing for adjourn- ment on Saturday, 14th instant. 1865.] CONVENIION JOURNAL. 41 He moved to suspend the rale and pnt the resolutions on their passage now. On this motion, Mr. Henry asked the yeas and nays. Mr. Logan then withdrew his motion. By Mr. Rnmley, (No. 61.) Resolution for adjournment. By Mr. McDonald, of Moore, (No. 62.) Preamble and Resolution to appoint a com- mittee to inquire and report as to the pro'J)riety of making provision for widows and orphans made so by the late war. By Mr. McRae, (No. 63) Resolution to appoint a select committee on the per diem and mileage of delegates and officers of the Con- vention. By Mr. McDonald, of Moore, (No. 64.) An Ordinance p-oviding for the election of two members to the Hou;?e of Commons from the county of Moore. Mr. Barrow moved to take up for consideration (No. 18) the ordinance declaring what laws and ordinances are in force, and the motion did not prevail. Mr. Love, of Jackson, moved to take up (No. 37) an ordi- nance for re-districting the State, but withdrew the motion. Ordinances and resolutions on the calender were then taken up on the second reading, and proceedings had there- on as indicated. (No. 17.) The ordinance providing for the election of Jus- tices of the Peace, was read, and On motion of Mr. Settle, referred, together with the sub- stitutes from the committee, to the committee on Constitu- tional Amendments. (No. 18.) The ordinance declaring what laws and ordi- nances are in force^ and for other purposes, was taken up for consideration on the second reading. ^ Mr. Settle moved to postpone the ordinance, and make it the special order for to-morrow 12 o'clock, M., and it was not agreed to. Mr. Phillips moved that the ordinance be read by sections 42 CONVENTION JOURNAL. [Session together with the amendments recommended by the com- mittee, and the motion prevailed. Section 1. In fourth line of printed bill, after the word "State," insert the words "except hereinafter excepted." In line 9, after the word " day," insert " except as hereinaf- ter excepted ;" and in 17th line, strike out the words " nor any question made," and insert the words "and as if no question had befen made," and these amendments were adopted. Sec. 2. In the 1st line after the word " had," insert the words, " or may be had," and it was adopted. Sec. 3. In line 11, strike out all after the word " war," to the end of the section, and insert, " and in all suits upon executory contracts, solvable in money, whether under seal or not, made after the depreciation of said currency and yet unfulfilled, (except official bonds and penal bonds payable to the State,) it shall be competent for either of the parties to show by parol or other relevant testimony what the under- standing was in regard to the kind of currency in which the same is soluble, and in such case the true understanding shall regulate the value of the contract." Mr. Furches moved to amend the amendment by striking out all after the word " State," and inserting the words, " that in every action arising on any contract whether under seal or parol, written or oral, made between the 1st day of of June, 1862, and the 15th day of May, 1865, it shall be lawful for either party to the action to introduce testimony showing the true value and real character of the considera- tion of such contract at the time it was made, so that regard being had to the particular circumstances of each case, such verdict or decree may be rendered as will effect substantial justice between the parties. Provided, That nothing in this ordinance contained shall be so construed as to extend to« official bonds and bonds only penal in their nature. And it was not adopted. The amendment of the committee was then adopted. 1865.] CONYENTION JOURUAL. 43 Sec 4r. In line 3, after the word " done," insert the words, " or which may be done." Adopted. Sec. 5. In line 3, after the word "done," insert the words, "or which may be done." Adopted. Sec. 6. In line 4, after the word " appointed," insert the words, "or under his authority," and after the word " done," in the same line, the words " or. to be done," and in line 7, after the word " nevertheless," strike out the remainder of the section and insert, " that so far as it may bo competent for this Convention to declare the same, all appointments made, and all offices and places created by or under the authority of the Provisional Governor shall cease at the close of the first session of the next General Assembly, or at such other time as the Assembly shall direct successsors in such appointments or officers to be chosen or qualified, subject, however, to the provisions of the Revised Code, chapter 77, section 3." And the amendments were agreed to. Sec. 7, was read. The committee recommended that the same be stricken out. [Mr. Caldwell, of Guilford, moved to adjourn to 10 o'clock to-morrow morning, and it was not agreed to.] Mr. Buxton offered in lieu of section 7, the following : " All men and women of those persons lately regarded as slaves and now emancipated, who at this time cohabit together as man and wife may, within six months after the ratification of this ordinance, go before the clerk of the Court of Ploas and Quarter Sessions of the county in which they reside and acknowledge the fact of cohabitation and the time «f its commencement, and such acknowledgment shall be conclusive evidence of the fact of marriage between the parties at the time mentioned, and the clerk shall enter the same in a book kept for that purpose, and the entry shall be deemed a record. The President announced the committee on the basis of representation, as follows : Messrs. Bynum, Henry, McKay of Harnett, Stubbs and Conigland. 44 CONVENTION JOtTENAL. [Session The question before the Convention being the amendment of Mr. Buxton to the amendment of the committee, Mr. Eaton asked a division. The question then being on striking out, On motion of Mr. Phillips, the Convention adjourned to 10 o'clock to morrow morning. WEDNESDAY, Octobeb 11th, 1865. The Convention met pursuant to adjournment. Prayer by Eev. J. M. Atkinson of the Presbyterian Church. The Journal of yesterday was read, amended and adopted. EEPOETS FROM COMMITTEES. Mr. Eaton, from the committee in regard to limiting the indebtedness of the State, reported (No. 65) an ordinance concerning debts of the State, hereafter to be contracted, which passed the first reading. Mr. Caldwell, of Burke, from the committee on enroll- ments, reported as correctly enrolled, " A Resolution to print 120 copies of the Constitution of the State ;" A Eesolutioa concerning a flag," and "an ordinance providing for the election of members of a General Assembly to be convened on the 3d Mondaiy of November, 1865, and for electing Rep» resentatives in congress and Governor of the State," and the same were ratified in open Convention. Mr. Manly, from the committee to report what ordinances of the Convention shall be submitted to the people, reported in part, that of the ordinances already passed, " The ordi- nance declaring null and void the ordinance of May 20tb, 1861," and " an ordinance prohibiting slavery in the State of North-Carolina," should be submitted to the people for ratification or rejection. Mr. Pool, from the committee to which was referred the address of the Freedmen's Couvgntion, made a report, r§- 1895.] CONVENTION JOURNAL. 45 commending the adoption of, (No. 68) a resolutioii to consti- tute a commission to prepare and report to the Legislature a code of laws on the subject of freedmen. Mr. Caldwell, of Burke, moved to suspend the rule and consider the report at this time, and the motion prevailed. He then moved that 500 copies of the report be printed for the use of the Convention, and the motion was agreed to. OKDINANCES AND KESOLUTIONS INTBODUCED. By Mr. Jones, of Davidson, (No. 66.) An ordinance for the election of clerks and sherifiFs, which passed the first reading. By Mr. Moore, of Wake, (No. 67.) A resolution as follows: *' Eesolved, That so much of the Treasurer's report as relates to the adoption of some summary remedy against parties refusing to deliver up property or withholding funds placed in their hapds for Staie purposes, be referred to a special committee of three members. By Mr. McKay, of Sampson, (No. 69.) A resolution requesting the Governor to corres- pond, with the President of the United States, with regard to the officers and citizens confined by the military authorities, in Raleigh and Wilmington, North-Carolina. UNFINISHED BUSINESS, (No. 18.) The ordinance declaring what laws and ordinan- ces are in force, under consideration at the time of adjourn- ment on yesterday, was taken up. The qnestion being on the motion to strike out section 7, under the motion of Mr. Eaton for a division of question, Mr. Buxton withdrew his amendment. Mr. Barrow offered an amendmeflt, as follows : f AU freedmen and women, formerly slaves, who, on the Ist day of June, 1865, were living and cohabiting together 46 CONVENTION JOURNAL. [Session as man and wife, and all such persons, who, having left the country, shall have retnrned, and are living together as man and wife, according to the custom of the slaves in this State^ are hereby declared to have been legally married, and the issue of such marriages shall be legitimate to all intents and purposes." Mr. Moore offered an amendment to the original section, as follows : In line 2, after the word " emancipation," strike out the words " at this time cohabit together," and insert the words, "at the ratification of this ordinance, shall voluntarily and publicly cohabit together in the relation of husband and wife, and for six months theretofore shall have voluntarily and publicly so cohabited together in that relation." Mr. Barrow accepted this amendment in lieu of bis own, which was withdrawn. The amendment of Mr. Moore, of Wake, was then adopted. Mr. Wright moved to amend by addmg, at the end of the section, the words '■^Provided, That the General Assembly sha'l have power to repeal, or in any way alter or amend the provisions of this section," and the amendment was adopted. The question then recurred on the amendment of the com- mittee to strike out the section. Mr. Starbuck offered the following additional proviso: ^' Provided further, That the repeal or amendment of this sec- tion shall not invalidate any marriage legalized prior to ^nch repeal or amendment;" but afterwards withdrew it. The question again recurred on striking out. Mr. Faison asked the yeas and nays, which were ordered, and resulted yeas 68, nays 42. Those who voted in the affirmative, are, Messrs. Adams, Allen, Baker, Bell, Bingham, Boyden, Bradley, Brown, Brooks, Bryan, Burgin, Buxton, Caldwell of Burke, Caldwell of Guiifordj Clark, Eaton, Faircloth, Fai- son, Ferebce, Furches, Gahagan, Harris of Gnilford, Harris of Eutherford, Haynes, 'Hodge, Howard, Jarvis, Jones of DavidsoDj Jones of Eowan, Joyce, Joyner, Kelly, Kennedy, 1865.] CONVENTION JOtTRNAl. 47 King, Lasb, Logan, Love of Chatham, Lyon, Manly, Mc- Cleese, McCorkle, McKoy of Sampson, McKay of Harnett, Mcfionald ot Chatham, McDonald of Moore, McGehee, Nat. McLean, McLaughlin, Moore of Chatham, Norfleet, Patter- son, Perkins, Philips, Polk, Saunders, Sban, Smith of Anson, Smith of .Wilkes, Spencer of Hyde, Starbuck, Stephenson, Stubbs, Swan, Ward, Warren, Willey, Williamsj Wilson and Winston— 68. Those who voted the negative are, Messrs. Alexander, Baines, Barrow, Beam, Berry, Brickell, Conigland, Cowper, Dickey, Dockery, Ellis, Faulkner, Gar- land, Garrett, Gilliam, Godwin, Grissora Henry, Jackson, Johnston, Jones of Coliimbus, Jones of Henderson, Love of Jackson, McCauley, Mclver, N. A. McLean, McEae, Moore of Wake, Mnrphy, Nicholson, Odom, Pool, Rumley, Eussell, Rush, Simmons, Spencer of Montgomery, Stewart, Thomp- son, Walkup, Winborne and Wright — 42. Section 8 was read. Mr. Wright moved to amend by inserting before the words " General Assembly," the words " or this Convention," and the amendment was agreed to. The ordinance as amended, then passed the second reading. Mr. McKay, of Harnett, moved to suspend the rule and put the ordinance now on its third reading, and it was not agreed to. (No. 27.) An Ordinance to appTy to the President for a general amnesty, was read, and the resolution reported and recommended by the cdmjnittee was adopted. (No. 35.) An Ordinance recognizing the just debts of North-Carolina and prohibiting the payment of all public debts contracted or incurred in aid of the late rebeUion, was read the second time, together with the report of the Com- mittee. The question being on concurring in the report, Mr. Mebane moved to lay the whole subject on the table. On this motion Mr. Thompson asked the yeas and nays, which were ordered and resulted, yeas 52, nays 62, 48 CONVENTION JOURNAL. [Session Those who voted in the affirmative, are, Messrs. Adams, Allen, Baker, Beam, Bell, Berry, Boyden, Brickell, Burgin, Buxfon, Caldwell of Burke, Caldwell oi Guilford, Clark, Conigland, Eaton, Faircloth, Faison, Ferebee, Fnrches, Gilliam, Grissom, Harris of Guilford, Harris of Eutherford, Howard, Jones of Davidson, Jones of Rowan, Kennedy, Lash, Logan, Love of Jackson, Manly, McKoy of Sampson, McKay of Harnett, McGehee, McRae, Mebane, Murphy, Nicholson, Noifleet, Patterson, Perkins, Phillips, Polk, Russell, Saunders, Smith of Anson, Spencer of Hyde, Starbuck, Stephenson, Winston, Wright — 52. Those who voted in the negative, are, Messrs. Baines, Barmw, Bingham, Bradley, Brown, Brooks, Bryan, Cowper, Dickey. Dockery, Donnell, Ellis, Funlkner, Gahagan, Garland, Garrett, Godwin. Haynes, Henry, Hodge, Jackson, Jarvis, Johnston, Jones of Columbus, Jones oi Hen- derson, Joyce, Joyner, Kell^', King, Love of Chatham, Lyon, McCauley, McCleese, McCorkie, McDonald of Cha'ham, McDonald of IMoore, Mclver, N. A. McLean, Nat. McLean, McLaughlin, Moore ot Chaihain, Moore of Wake, Odom, Pool, Rumley, Rush, Settle, Simmons, Sloan, Smith of John- ston, Smith of Wilkes, Spencer of Montgomery, Srewart, Stubbs, S\van, Thompson, Waikup, Ward, Willey, Williams, Wilson, Winbnrne— ^62. Mr. Caldwell, of Guilford, moved to adjourn to 10 o'clock to-morrow morning. On this motion Mr. Settle asked the yeas and nays, which being ordered, resulted yeas 59, nays 55. Those who voted in the afHrmative are, Messrs. Adams, Alexander, Allen, Baines, Baker, Beam, Boyden, Brickell, Buxton, Caldwell of Guilford, Clark, Coni- gland, Cowper, Donnell, Eaton, Faircloth, Faison, Ferebee, Gilliam, Grissom, Harris of Guilford, Harris of Rutherford, Henrahan, Howard, Jones of Rowan, Joyner, Lash, Logan,^ Love oi Chatham, Manly, McCleese, McKoy of Sampson, McGehee, Mclver, M. A. McLean, Nat. McLean, McRae, Jitoore of Wake, Murphy, Nicholson, Norfleet, Perkins, Phil- i86g.j CONVENTION JOURNAL. 49 3ips, Pool, Russell, Saunders, Simmons, Sloan, Spencer of Hyde, Starbuck, Swan, Thompson, Willey, Williams, Wilson, Winbnrne, Winston and Wright — 58. Those who voted in the negative are, Messrs. Barrow, Bell, Bingliam, Bradley, Brown, Brooks, Br}-an, Bnrgin, Caldwell ot IJnrke, Dickey, Dockery, Ellis, Faulkner, Furches, dahagHn, Garland, Garrett, Godwin, Haynes, Henry, Hodge, Jc.ckson, Jarvis, Johnston, Jones of Columbus, Jones of Davidson, Jones of Henderson, Joyce, h elly, Kennedy, King, Love of Jackson, Lyon, McCauley, McCorkle, McKay ot Harn«tt, McDonald of Chatham, Mc- Donald of Moore, McLaughlin, Mebane, Moore of Chethara, Odom, Pattersor, Polk, Rush, Seitle, Smith of Anson, Smith of Jolinston, Smith of Wilk^is, Spencer of Montgomery, Ste- phenson, Stewart, Stnbbs, Walkiip and Ward — 56. The Convention was declared adjourned to 10 o'clock to- THURSDAY, October 12th, 1865. The Convention met pursuant to adjournment. Prayer by Rev. Henry Hardie, of the Presbyterian Church. The Journal of yesterday was read and adopted. EEPOETS FKOM COMMITTEES. Mr. Henry, from the select committee on the basis of Rep- resentation, reported, (No. 70) An Ordinance amending the Constiliition on the basis of representation, and recommended its passage. Mr Caldwell, of Burke, frorn thi- committee on enrollments, reported as correctly enrolled, a " Resolution npon the sub- ject of a general amnesty to tiie people of North-Carolina," and the same was ratified in open Convention. Mr- Ellis, from the committee on the resolution of thanks 4 50 CONVEJSlTION JOUKNAL. [SessfoB to President Johnson and Grovernor Holden, reported a substitute for the original resolution as follows : "' That the administration of Andrew Johnson, President of the United States, has been eminently national and con- servative, embracing every section of this republic, and that he is entitled to the gratitude of this State for the manifes- tation of his purpose to secure to them at as early a day as is practicable, the restoration of their Constitutional rights in the [Jnion ; and that W. W. Holden, Provisional Gov- ernor, deserves our thanks for his zealous and faithful labors to the same end. Resolved, That copies of the above resolution be trans- mitted by the President of this Convention to President Johnson and Governor Holden. Mr. Ellis moved to suspend the rules and put the resolu- tions on their passage, and it was not agreed to. Mr. Mclver moved that the Committee on Constitutional Amendments be discharged from the further consideration of the ordinance for the election of Justices of the Peace, and that the same be again referred to the Committee on Mag- istrates ; and the motion was agreed to. EESOLUTIONS AND OEDmANCES INTRODUCED. By Mr. Jones, of Rowan : (No. 71.) A resolution for evening sessions. By Mr. Jones, of Rowan, A resolution (No. 72,) for adjournment. By Mr. Henry, (No. 73,) Resolutions concerning the uncompleted improve- ments in the State. By Mr. Walkup, (No. 74,) Resolutions in regard to the removal of the freedmen. By Mr. Jones, of Henderson, (No. 75,) A resolution to allow soldiers discharged from the United States army to vote without a certificate of amaesty. 1865.] CONVENTION JOURNAL. 51 By Mr. Henry, (No. 76,) An ordinance concerning the election in Novem- ber next. Mr. McRae moved to take up and consider (No. 63,) A resolution to appoint a committee on the per diem of members and officers of the Convention. The mo- tion prevailed, and the resolution was adopted. The President appointed the following gentl-emen to consti- tute the committee : Messrs. McRae, Lyon, Moore of Chat- ham, Henry and Walkup. 'iTNt'IOTsSED StJSlNSlSS. (No. 35.) An ordinance recognizing the just debts of North- Carolina, and prohibiting the payment of all public debts contracted or incurred in aid of the rebellion, under consideration on the second reading at the adjournment yes- terday, was taken up. The question being on the passage of the ordinance on its second reading, Mr. McKay, of Harnett, moved to postpone the further consideration of the ordinance to the ith Monday of Novem- ber next, but temporarily withdrew it at the request of Mr. Moore, of Wake, who introduced as an amendment (to No. 35,) a substitute " in relation to the public debt." Mr. McKay then renewed his motion to postpone, pend- ing which. On motion of Mr. Phillips, at 2 h. 45 min., p. m., the Con- vention adjourned to 10 o'clock to-morrow morning. FRIDAY, October 13th, 1865. The Convention met pursuant to adjournment. Prayer by Rev. Mr. Stewart, delegate from Buncombe. The journal of yesterday was read and adopted. 52 CONVENTION JOURNAL. [Sessiou EEPOETS FEOJI COMMITTEES. Mr. Mclver, from the committee on Magistrates, made a report recommending the passage of an ordinance as a sub- stiinte for the various propositions referred to the comn.ittee. Mr, McRae, from the committee to tix the per dievo of members and ofBcers of tlie Convention, reported the follow- ing resolution : (No. 77.) liesolved. That the President of the Convention feceive ten dollars per day. Each delegate six dollars per day. The principal and Assistant Secretaries each ten dollars per day. The Enrolling Clerk seven dollars per day. The Principal and A'ssistant Door-keepers, each seven dollars per day And that each delegate thereto, and officer, shall be enti- tled to receive twent}' cents per mile, coming and returning from his residence to the Capital over the most direct public route. Mr. McRae moved that the rale be suspended and the resolution placed on its several readings, and the motion prevailed. The resolution was read the second lime, and the questiop being on its passage. Mr. Conigland offered to amend by making the per diem ,of each member five dollars, and the Enrolling Clerk seveji dollars. Mr Winston moved to amend the amendment, by striking out "five" and inserting "six," and the amendment was agreed to. Mr. CaldweU, of Guilford, moved to amend the mileage, by striking o,«t "20" and insert "15," but afterwards . withdrew it. The question ,w,§s then on the adoption of the amendment ;,a§ 3,meiTided. 1865.] CONVENTION JOURNAL. 53 Mr. Polk asked the yeas aad nays, and the same were not ordered. The amendment was then agre«d to, ayes 4d, noes 44. The resolution then passed the second and third readings, and was ordered to be •enrolled. EESOLUTIONS AND OEDISTANCES INTEODrCED. By Mr. Jones, of Rowan, A resolution (No. 78) providing for evening sessions. He moved to suspend the rule, and consider the resolution to-day, and the motion did not pi-evail. By Mr. Riunley, (No. 79.) A resolution asking for the removal of the col- ored troops from .North-Carolina. He moved to suspend the rule, and consider the resolution to-day, and it was not agreed to. By Mr. King, {No. 80.) An ordinance to amend eection 6, of the Con- stitution ot North-Carolina, and article 1st, section 3, of the amended Constitution. Mr. Logan moved that the rules be suspended, that (N"o. 60) be taken np. Resolution concerning what subjects the Convention will take up, and as to a day of adjournment, and the motion did not prevail. Mr. Moore, of Wake, moved to suspend the rule and take up (No. 67,) a refifllution to appoint a committee in regard to public property, and the motion prevailed. The resolution was then read and adopted, and the Presi- dent appointed Messrs Moore of Wake, Phillips and Boy- den, to constitute said committee. Mr. Dockery moved to suspend the rule and take up (No, 37,) an ordinance for re-districting the State, and the motion prevailed. Mr. Perkins moved to re-commit the subject to the com- mittee, but withdrew the motion by consent of the Conven- tion. 54: GONVENTION JOURNAL. [Session Mr. Settle moved to lay oH the table. Mr. Phillips raised the point of order, that the Convention having jnst agreed to take up the ordinance, a motion to lay on the table was not in order, there having been no action had on it in the meantime ; and the point of order was sus- tained by the President. Mr, Perkins then offered the following amendments : 1. Strike out "Hyde and Beaufort," in 9th line of 1st sec- tion, and insert, "Edgecombe and Wilson." Strike out "Edgecombe and tVilson," in 11th line of 1st section, and insert " Hyde and Beaufort.'* 2. Strike out " New Hanover," in the 12th line of the Ist section, and insert " Sampson.*' Strike out "Sampson," in 13th line of the 1st section, and insert "New Hanover." Mr. Settle moved to lay the whole subject on the table, ofl which motion he asked the yeas and nays. The yeas and nays were not ordered, and the question was put on the motion to lay on the table, and it was not agreed to. ,> The question recurring on the adoption of the amendment, Mr. Grissom asked that the vote be taken on the amend- ments separately, and it was agreed to. The question was put on the first amendment and it was not adopted. Then the question was put on the second amendment and it was not adopted. Mr. McKay, of Harnett, ofi'ered as an additional section, " £e it further ordained, That the Legislature may, by law, redistrict the State as often as the same may be expedient. The amendment was not adopted. Mr. Brooks off"ered the following amendment ; In the 2nd section, strike out " Bertie " and insert the word " Chowan," and it was agreed to. The ordinance then passed the second reading. Mr. Dockery moved to suspend the rule and put the ordi- nance on its final reading. The motion prevailed^ and the 1895.] CONVENTION JOURNAL. 55 ordinance was read the third time, passed the third reading and was ordered to be enrolled. Mr. Moore, of Wake, from the special committee on public property, appointed this morning, reported, (No. 81.) An Ordinance to appoint a Judge to determine State claims to property, and recommended its passage. Mr. Nicholson moved to take up (No. 29) a resolution to appoint a committee to report on the reorganization of the militia, and the motion prevailed. The question being on the adoption of the resolution, it was agreed to. Mr. Jones, of Rowan, moved that the sessions of the Con- vention shall hereafter be from 10 o'clock, a. m., to 2 p. m., and from 7 p. m. to adjourn at pleasure, but afterwards modified it so as to apply the motion to this day only, and it was not agreed to. DlfETNISHBD BUSINESS. (No. 35.) The Ordinance in relation to the public debts was taken up on its second reading, the question being on the motion of Mr. McKay, of Harnett, to postpone th« further consideration of the ordinance to the 4:th Monday of No- vember. Mr. Caldwell, of Guilford, moved to lay the whole subject on the table. On this motion Mr. Stewart asked the yeas and nays, and the same being ordered, resulted, yeas 63, nays 50. Those who voted in the affirmative are : Messrs. Adams, Alexander, Allen, Baines, Baker, Beam, Berry, Boyden, Brickell, iSrown, Burgin, Buxton, Caldwell of Burke, Caldwell of Guilford, Clark, Conigland, Co'nrper, Eaton, Faircloth, Faison", Ferebee, Furches, Gilliam, Grissom, Harris of Guilford, Harris of Rutherford, Henrahan, Howard, Jarvis, Jones of Davidson, Jones of Rowan, Joyner, Kennedy, Lash, Logan, Manly, McKoy of Sampson, McKay of Harnett, McGehee, Mclver, N. A. McLean, McEae, Mebane, Mur- 66 CONTENTION" JOUKNAL. [SessioB phy, NiclioIsoD, Norfleet, Patterson, Perkins, Phillips, Polk, Kumley, Kussell, Saunders, Simmons, Smith of Anson, Spen- cer of Hyde, Starbuck, Stubbs, Willey, Wilson, Winburne, Winston, Wright— 63. Those who voted in the negative are : Messrs. Barrow, Bell, Bingham, Bradley, Brooks, Bryan, Dickey, Donnell, Ellis, Faulkner, Gahagan, Garland, Garrett, Godwin, Haynes, Henry, Hodge, Jackson, Johnston, Jones of Corumbns, Jones of Henderson, Joyce, Kelly, King, Love of Chatham, Love of Jackson, Lyon, McCaiiley, McClees:, McCorkle, McDonald of Chatham, McDonald of Moore, Nat. McLean, McLaughlin, Moore of Chatham, Moore of Wake, Odom, Pool, Rush, Settle, Sloan, Smith of Johnston, Smith of Wilkes, ISpencer of Montgomery, Stephenson, Stewart, Thompson, Walknp, Ward, Williams — 50. Mr. Love, of Jackson, moved that the rule be suspended and the ordinance on the basis of representation be taken up, and it was not agreed to. (No. 18.) Ordinance declaring what laws and ordinances are in force, was taken up on its third reading. Mr. Moore, of Wake, moved an adjournment to 10 o'clock to-morrow morning and the motion prevailed. Messrs. Phillips, Kennedy and Patterson, asked and obtained leave of absence until Monday morning. The President announced the following committee on the re-organization of the militia : Messrs. Howard, Wright, Russell, Dockery and Starbuck. Then at 2 h. and 15 m., p. m., the President declared thfr Convention adjourned to 10 o'clock to-mojjrow morning. SATURDAY, October 14th, 1865. The Convention met pursuant to adjournment. Prayer by Rev. P. H. Joyner, delegate from Warren. The journal of yesterday was read and adopted. 1S65.] CONVENTION JOURNAL. 57 RESOLUTIONS AND OEDINANCES INTRODUCED. By Mr. Eaton, (No. 84.) JR' solved. That immediately after the adjourn- ment of the Convention, during this present session, the President thereot be requested to forward to the President of the United States a copy of the Declaration of Eights and of the Constitution of North-Carolina, and of all the amend- ments to the said Constitution which were adopted prior to the 20th of Maj-, 1861 ; and also a copy of the ordinance of this Convention, entitled "An Oidinance to declare null and void the Ordinance of May 20th, 1861," and the Ordinance against slavery. Mesolved further, That the said Declaration of Eights, Con- stitution and Amendments shall be authenticated by the sig- nature of the President of the Convention, and by that of the Provisional Governor, under the great seal of the State, as to the official character of the President, and that the said ordinances shall be authenticated according to the direction of the ordinance upon that subject, which has been passed during the present session of this Convention. Mr. McDonald, of Moore, introduced, (No. 82.) An ordinance for ascertaining the wish of the people in relation to the war debt. Mr. Caldwell, of Burke, moved that the rules be suspended, and the ordinance be put on its several readings to-day. On this motion Mr. Kelly asked the yeas and nays, and the same being ordered, the rule was not suspended, two- thirds not voting tlierefor — yeas 61, nays 48. Those who voted in the affirmative, are, Messrs. Alexander, Baker, Barrow, Bell, Bradley, Brooks, Bryan, Burgin, Buxton, Caldwell of Burke, Dickey, Dockery, Donnell, Ellis, Faulkner, Furches, Gahagan, Garland, Garrett, Godwin, Harris of Rutherford, Haynes, Henry, Hodge, Jack- son, Johnston, Jones of Davidson, Jones of Henderson, Joyce, Kelly, King, Love of Chatham, Lyon, McCauley, McCorkle, McKay of Harnett, McDonald of Chatham, McDonald of 58 CONVENTION JOURNAL. [Session Moore, Mclver, N. A. McLean, Nat. McLean, McLanglilin, McRae, Moore of Chatham, Nicholson, Odom, Pool, Rnssell, Rush, Settle, Simmons, Smith of Wilkes, Spencer of Hyde, Spencer of Montgomery, Stephenson, Stewart, Stubbs, Swan, Thompson, Ward and Williams — 61. Those who voted in the negative, are, Messrs. Allen, Baines, Beam, Berry, Bingham, Boyden, Brickell, Brown, Caldwell of Guilford, Clark, Conigland, Cowper, Eaton, Faircloth, Faison, Ferebee, Gilliam, Grissom, Harris of Guilford, Henrahan, Howard, Jarvis, Jones of Rowan, Joyner, Kennedy, Lash, Logan, Love of Jackson, Manly, McKoy of Sampson, McGehee, Mebane, Moore of Wake, Murphy, Norfleet, Perkins, Phillips, Polk, Rnmley, Saunders, Smith of Anson, Starbuck, Walkup, Willey, Wil- son, Winburne, Winston and Wright — 48. By Mr. Gahagan, (No. 83.) Resolution concerning the enrollment of the ordinance prohibiting slavery in the State of North-Carolina. By Mr. Moore, of Wake, (No. 85.) Resolution directing to be printed the acts of the last General Assembly. Mr. Moore moved to suspend the rules and put the reso- lution on its several readings to-day. The motion was agreed to, the resolution passed the several readings and was ordered to be enrolled. Mr. Wright, from the committee on the Treasurer's report, reported (No. 86.) An Ordinance to provide revenue for 1865. By Mr. Allen, (No. 87.) An Ordinance to amend the third section of the 1st article of the amended Constitution of the State, and also the 6th section of the^same. Mr. N. A. McLean moved to suspend the rule and take up and consider (No. 79) resolution for the removal of colored troops from North-Carolina, and the motion prevailed. The resolution was then read and adopted. Mr. Jones, of Davidson, moved to suspend the rule and 1865.] CONVENTION JOURNAL. 59 take np (No. 66) an ordinance providing for the election of Sheriffs and Clerks of the several connties, and it was agreed to, ayes 45, noes 12. The ordinance was read the second time. Mr. King moved to amend by making the election to take place on the 2d Thursday in December next, and it was not agreed to. Mr. Kennedy moved to lay the ordinance on the table, and it was not agreed to. Mr. Moore, of Wake, moved to amend by adding to the first section the words, " Provided that all persons qualified to vote for members of the House of Commons shall be quali- fied to vote for these officers," and the amendment was adopted. The #rdinance then passed the second and third readings and was ordered to be enrolled. Mr. Thompson moved to suspend the rules and take up for consideration (No. 50,) an ordinance in relation to the late officers of this State, and it was agreed to, ayes 52,' noes 13. The ordinance was then read the second time. Mr. Conigland moved to amend as follows : " Provided, however, that this ordinance shall not be construed to apply to the office pf the Judge of the Supreme or Superior Courts, or to the offices of Attorney General and Solicitors for the several judicial circuits throughout the State," and the amendment was not adopted. Mr. Furches moved to amend as follows : Strike out all between the word " chosen," in the 6th line of the printed bill, and the word " are " in the 6th line, and insert, after the word "held," in the 4th line, the words, "and exercised," and the amendmeijt was agreed to. The ordinance then passed the second reading. OEDINANCES, &0., ON THE CALENDAR TAKEN tTP. (No. 18.) Ordinance declaring what laws and ordinances are in force, ^was read the third time. 60 CONVENTION JOURNAL. [Session Mr, McKay, of Harnett, moved to amend as follows : In section 3, line 12, strike out the words " in suits upon," and in 15th line, insert after the word " State " the words, " shall be deemed to have been made with the understanding that they were solvable in money of the value of the said cur- rency," and, Mr. Conigland moved to amend the amendment as follows: In line 14, section 3, after the word " currency," insert "and before the ist day of May, 1865." The question being on the adoption of the amendment, Mr. PoJk asked the yeas and nays, and they were not ordered. The amendment was then adopted, ayes 50, noes 30. The question recurring on the final passage of the or- dinance, Mr. Caldwell, of Burke, offered the following amendments: Section 5, line 2, after the word " officer," insert the words " or private." Same section, line 3, after the word liable, insert the words, " to indictment." Strike out all of the 5th section after the word " Govern- ment," in the 6th line. Pending the considerationof these amendments, On motion of Mr. Caldwell, of Guilford, at 3 h., 20 m. p. m., the Convention adjourned to 10 o'clock Monday morning. MONDAY, October 16th, 1865. The Convention was called to order pursuant to adjourn- ment. Prayer by Eev. Mr. Stewart, delegate from Buncombe. The Journal of Saturday was read and adopted. Mr. Wilson moved to suspend the rule, and take up for consideration (No. 54,) an oidinance providing for pauper freedraen, and it was not agreed to. Mr. Donnell presented a petition from Theodore J. Hughes, i§65.j CONVEi^TlOM JoTTRNaL 61 asking an investigation into his transactions, as State Agentj in the purbhase of rOsin, and the same being read, Mr Donnel moved that a committee ot three be appointed, to whom the petition shall be referred The inotion prevailed, and the President announced : Measr^. Waugh, < aldwell of Giiiitord, and Coniglniid. Mr. Eaton introduced (No. 8rt,) a resolution Concerning the tebt oath. By Mr. Caldwell, of Guiiford, (No. 89.) An ordinance to scale atid cohsolidate the pub- lic debt of North-Carolina. Mr. Caldwell, of Burke, fVom the committee on enroll- ments, reported as correctly enrolled, "An ordinance to di- vide JSorth-Carolina into seven Congressional Districts;" " Resolution concerning the per diem and mileage of otKcers and members of the Con veutiou," and " A resolution to print one hundred and twenty copies of the Constitution of the State," and the same were ratified in open Cy of Sampson, McKay of Harnett, Mc(Tehee, Mclver, N. A. McLean, Nat. McLean, McLaughlin, McRae, MeLane, Mooie of Witke, Hurphy, Nicholson, Norfleet, Odom, Perkiri^, I'hillii s. Polk, Riimley, Russell, Saunders, Simmons, Smi h of Anson, Spencer of Hyde, Starbuck, Stephenson, St ubls, Swan, Walkup, Ward, Willey, Wilson, Winburne, Winston, Wrighi — 7S. Mr Moore, of Wake, then moved to amend the amend- ment as tollows : That the vote shall be, 1865.] CONVENTIOT^ JOURNAL^ 65 *' Anti-slavery ordinance ratified," " Anti-slavery ordinance reji'cfed " " Anti-secession ordinance ratified," *' Anti-secession ordinance rtjecied." And these amendments were ad.ipted. The amendment, as amendt'd, was then adopted. The ordinance, as amended, tiien passed tlie third reading, and was ordere (No. 38.) a resolution concerning |i:ililic reords. The motion prevailed, and the resolution was read and adopted. On motion of Mr. Winston, ' {No. 88.) Resolution coticerningthe test oath, was taken \]T[) and adopted. On motion of Mr. (hid >vi'll, of Ouiiford, the 'Convention took a recess until 7 o'clock, |.». in. .66 CONVENTION JOURNAL. L»es8ion Evening Session— MONDAY, Oot. 16th, 1865. The Convention re-assembled at 7 o'clock, Mr, McRae moved to suspend the rule and take up, (No, 48,) an ordinance providing for certain elections in Cumber- land and Harnett, and the motion prevailed. The ordinance was then read the second time. Mr. Henry moved to lay the ordinance on the table, and the motion did not prevail. The ordinance was then read the second and third times, passed, and was ordered to be enrolled. UNFINISHED BUSINESS. (No. 18.) The ordinance declaring what laws and ordi- nances are in force, was taken up for the thiijd reading. Mr. Caldwell, of Guilford, moved to postpone the consid- eration of this ordinance and make it the. special order for to-morrow at 11, o'clock, and take up, at thie time (No. 86,) an ordinance to provide revenue for 1865,. and it was agreed to. Mr. Howard moved that the second reading be by sections, and it was agreed to. Section first : Mr. Wright moved to amend by adding at end of 4th line the vrords " in the existing national currency," and it was adopted. Second section read and adopted. Third section read. Mr. Sloan moved to amend as follows : Add at end of the section the words, " and on every gallon of whiskey, brandy or other spirituous liquor distilled out of this State and im- ported into it for sale, a tax of fifty cents," and the amend- ment was adopted. Mr. Lyon moved to amend by striking out of the 2d line, the words, "for his own use," and the amendment was not adopted. Sections 4, 5, 6, 7, 8, 9 aiid 10 were read and adopted. Section eleven read. 1865,] CONVENTION JOURNAL. 67 Mr. Spencer, pf Montgomery, moved to amend as follows : Strike ont after the word " liquors," the words " seventy-five dollars," and insert " twenty-five dollars," and it was not adopted. Mr. Wright to amend by adding, after the word " retailer" in the first line, the words " by a measure less than a quart," and the amendment was adopted. By the same, at the end of the section add, " for each place where such retailing may be carried on : Provided, hQwever, That in cases in which a license has been granted to any retailer of spirituous liquors, and he has paid any amount to the Sheriff or Clerk of the County Court of his County, the amount so paid, shall be credited by the Sheriff to such retailer in the collection of the tax laid by this section," and the amendment was adopted. Mr. Lyon moved to amend by striking out " seventy-five " and inserting " fifty," and it was not agreed to. The section was then adopted as amended. Section 12th was read : Mr. Jones, of Davidson, moved to amend by striking out of the first line, the word " two " and insert the word " five," and it was not adopted. Mr. Caldwell, of Burke, moved to strike put the eiitire section, and it was not agreed to. Section 13 was read, Mr. Dockery moved to amend by inserting after, the word " any " in the third line, the words " spirituous liquors," and the amendment was adopted. Mr. McDonald, of Moore, to amend by inserting after; the word " liquors " in the last amendment, the word f |;obacco," which, after some discussion, was withdrawn by ponsent. Mr. Buxton, to amend by striking out of the 2nd Hne, the words "or have peddled," and insert instead thereof, the words "hereafter," and it was agreed to. Mr. Lyon, a proviso as follows : " That flour ehall not be considered merchandize," and it was adopted. Section 14 was read and adopjted. 68 CONVENTION JOURNAL. [Session Section 15 read. Mr. Odoiri moved to amend b\ inserting in the first line after the woid "' C'>troii," tlie words "' <>i hogshead of tobacco, or on every two hunrtred doKars worth ot man ufactnreo to- bacco," and it was adopted. Section 16 read Mr. Odoin moved to amend as folinws: In first h'ne, after tlie word " cotton," insert tlie words, "' or hogshead of to- bacco, or fin every two hnndred dolkrs worth of manufac- twrt'.d tobacco," and the amendment wa-i adopted. Mr. Mclver, to strike ont ot the 6th line, the word " two " and insert the word *' one," and it was not agreed to. Section 17 was read. Mr Jones, of Ooinnibns, moved to ariiend by striking out " ten " in line 3, and insert '-five." Mr. P'nrclies, to amend tlie amendment by inserting *' twenty-five " instead of "' five," not agreed to. The amendment of Mr. Jones was then adopted. Secticni 18 read. Mr. Jones, of Colnmbus, to a:nend by striking out of the 5th line the word " twenty " and insert " ten," and it was adopted Section 19 read. Mr. Eaton moved to amend by inserting after the word 'cot- ton," the word "tobacco" in the ninth line, and it was adopted. Mr. Howard, to amend by striking out the words " one- balf of," and it was not agreed to. Section 20 was read. Mr. Eaton, to amend as follows: In first line after the word " cotton," insert " tobacco," and it was agreed to. Sections 21 and 22 were read and adopted. Section 23 read. Mr. Joyce moved to amend as follows : after the word <' ordinance" in 23d line, add " who shall enter in bond as aforesaid," and it was agreed to. Section 24 read.' 1865.] CONVEXTION- JOURNAL. 69 Mr. Wright moved to amend as follows: after " i86.5," in the 14th line, add, " that all sums that may have been se- cured by any sheriff or Clerk of any court in the name of the State as taxes, tines, forfeitures, or otherwise, shall, if secured by the olerk, he paid to the Sheriif ; and all such sums shall be entered in the statement to be tiled by the Sheriff as aforesaid," and the amendment was adopted. Section twenty-five was read and adopted. Section twenty-six was read : Mr. Boj'deo moved to amend by striking out " six " in the second line, and inserting "four." Mr. Caldwell, of Burke, to amend the amendment as fol- lows : Strike out of line 2, the words "six per cent" and insert " less six per cent where the amount collected is under f l,oOfl; five per cent where the amount is over $1,000 and under $2,000; and four per cent where the amount is over |2,o00," and it was adopted. The amendment as amended was then agreed to. Section twenty-seven was read and adopted. Section twenty-eight was read : Mr. McRae moved to strike out " 200 " and insert " 500," and it was agreed to. The ordinance as amended then passed the second reading. On motion of Mr. Phillips, the Convention adjourned to 10 o'clock to-morrow mornina:. TUESDAY, October 17th, 1865. The Convention met pursuant to adjournment. The Journal of the morning and evening sessions of yes- terday, was read and adopted. Mr. Dick, one of the delegates from Guilford, who has been detained at home by illness, appeared, was qualified, and took his seat in the Convention. Mr. Donnell, from the committee on constitutional amend- ments, reported back several resolutions and ordinances, 70 CONVENTION JOUENAL. [Session which havie been disposed of by the Convention in various ways, and asked to be discharged from further consideration of the same. Mr. Winburne, from the committee to report what subjects on the calender should be considered at the present session of the Convention, and to recommend a day for adjournment, reported the following ordinances and resolutions to be acted on, and recommended that the Convention shall adjourn on Thursday next, the 19th inst, at five o'clock, a. m : (No. 18.) Declaring what laws and ordinances are in force. (No. 21.) Eesolution of tanks to the President of the Uni- ted States, and to the Provisional Governor of this State. (No. 39.) Eesolution concerning the enrollment of the or- dinance declariug null and void the ordinance of secession. (No. 50.) Ordinance in relation to late oflBcers in the State. (No. 45.) Ordinance to provide for the payment of the State debt contracted before the war. Eesolutions 57, 68 and 59. (No. 68.) Eesolution to constitute a commission to prepare and report to the Legislature a code of laws on the subject of freedmen. (No. 69.) Eesolution in regard to certain prisoners. (No. 81.) An ordinance to protect the rightful owners of property, (No. 83.) Ordinance for the enrollment of the ordinance abolishing slavery. (No. 84.) Eesolution concerning the transmission of cer- tain documents to the President of the United States. (No. 86.) Ordinance to provide revenue. Mr. Howard, from the select committee on that subject, reported : (No. 95.) An ordinance to organize a temporary force for the preservation of law and order. Mr. Perebee moved to make this ordinance the special order for 11 o'clock, a. m., to-morrow, and fhe motion pre- vailed. Mr. Boyden moved to take up and consider the report of 1865.] CONVENTION JOURNAL. 71 the committee on the calendar, handed in this morning. The motion prevailed, and the report was concurred in. Mr. Eaton asked that the rule bo suspended and the reso- lution (No. 84,) be taken up for consideration, and it was agreed to. The resolution was read and adopted after being amended by Mr. Eaton, as follows: Strike out the first eleven lines of the printed resolution, and insert the following in lieu thereof, ^ That the President of the Convention be requested to for- ward to the President of the United States, a copy of the Declaration of Rights, of the Constitution of North-Carohna, of all the Amendments to the said Constitution which were adopted prior to the 20th of May, in the year of onr Lord one thousand eight hundred and sixty ; and also a cqpy of the ordinance of this Ooaventioh, entitled 'an ordinance to declare null and void the ordinance of May 20th, 1861,' and the ordinance abolishing slavery. " Mr. Rumley moved to suspend the rule and take up (No. 75,) resolution in regard to discharged United States soldiers who are citizens of North- Carolina, and it was not agreed to. Mr, Clark from the committee on enrollments, reported as correctly enrolled the following : An Ordinance' providing for the election of two members of the House of Commons fronii th% county of Cumberland and one from the county of Harnett ; an ordinrnce upon resigniations and vacancies ; an ordinance to give publicity to the ordinances ordering elec- tions on the second Thursday of November next; an ordi- nance submitting to the qualified Voters of the State thd rati- fication or rejection of certain ordinances; resolution con- cerning the Test Oath ; resolution upon the public records, and a resolution in regard to a recess of the Convention, and the same were ratified in open Convention. The unfinished business on the Caleiidar was taken up, but before any action was had, the Convention proceeded to the consideration of the special order, being (No. 18,) an ordi. nance declaring what laws and ordinances are in force, on its third reading. The question was on the amendments of Mr. Caldwell of Buike. Mr. Phillips moved to amend the amendment a9 follows ; Strike out in the 1st and ^2d lines of the printed bill the words " a civil or military ofBcer," and insert " in the civil or military service," and it was agreed to. Mr. Moore, of Wake, asked for a separate vote on the amendments, and the question being pnt on the first clause of the amendment as amended, it was adopted. The question was then on the second clause of the amend- ment. On this Mr. Faison asked the yeas and nays, and the same being cfrdered, the amendment was not agreed to, yeas 33, nays 80. Those who voted in the aflSrmative, are, Messrs. Boyden, Bradley, Bryan, Caldwell of*Burke, Cald- well of Guilford, Dick, Dockery, Donnell, Ellis, Gahagan, Garland, Garrett, Harris of Guilford, Haynes, Henry, Jack- son, Jones of Rowan, Joyce, King, Logan, Love of Chatham, McDonald of Chatham, McDonald of Moore, Moore of Chat- ham, Patterson, Pool, Rush, Smith of Johnston, Smith of Wilkes, Spencer of Montgomery, Thompson, Williams — 32. Those who voted in the negative, are, Messrs. Adams, Alexander, Allen, Baines, Baker, Barrow, Beam, Bell, Berry, Bingham, Brickell, Brown, Brooks, Bur- gin, Buxton, Clark, Conigland, Cowper, Dickey, Eaton, Fair- cloth, Faison, Fanlkner, Ferebee, Furches, Gilliam, Godwin, Grissom, Harris of Rutherford, Henrahan, Hodge, Howard, Jarvis, Johnston, Jones of Columbus, Jones of Davidson, Jones of Henderson, Joyner, Kelly, Kennedy, Love of Jack- son, Lyon, Manly, McCauley, McCleese, McCorkle, McKoy of Sampson, McKay of Harnett, McGehee, Mclver, N. A. Mc- Lean, Nat. McLean, McLaughlin, McRae, Mebane, Moore of Wake, Murphy, Nicholson, Norfleet, Odom, Perkins, Phillips, Polk, Rnmiey, Russell, Saunders, Simmons, Smith of Anson, Spencer of Hyde, Starbuck, Stephenson, Stewart, Stubbs, Walknp, Ward, Willey, Wilson, Winburne, Winston^ Wright— 80. 1865.] CONVENTION JOUEUAL. 73 Mr. Moore, of Wake, moved to amend sec. 6 as follows : " Provickfl, however^ That in all cases of appointments made by him of Directors in any corporation, they shall continue until the regular elections of its oflScers," and the amend- ment was adopted. Mr. Starbuck moved to amend, by inserting in the 11th line, between the words " damages " and " on " the words "or from indictment," and add the proviso, "That no order issued without authority of what purported to he a law of the State or Confederate States, shall be any protection to illegal acts done thereunder," and the amendments were adopted. Mr. Faulkner, to amend, by striking out in section 5, all after the word "State" in the 5th line, to the wird "au- thority" in the 8th line inclusive, but after some discussion withdrew it by consent. Mr. Pool moved to amend, by striking out of the 4th and 5th lines of 5th section, the words "any authority purport- ing," and insert the words " what purported," and it was not agreed to. Mr. Pool moved to amend, by striking out section 5, and inserting as follows: "No person who have aided in the pas- sage or execution of any law of the State of North-Carolina or of the Confederate States, shall be held liable to indict- ment or civil action for such aid, because of the fact only that such law was void on account of its being in contraven- tion of the Constitution of the State or of the United States." Mr. Phillips, to amend the amendment as follows: "That this section, as at present amended, stand as the sense of the Convention. On this question Mr. Love, of Jackson, asked the yeas and nays, and the same being ordered, the amendment waa adopted, yeas 88, nays 18. Those who voted in the affirmative, are, Messrs. Adams, Alexander, Allen, Baines, Baker, Beam, Bell, Berry, Bingham, Bradley, Brickeil, Brown, Burgin, Buxton, Clark, Conigland, Cowper, Dickey, Eaton, Faircloth, Faison, Ferebee, Furches, Gilliam, Godwin, Grissom, Harris 74 CONVENTION JOURNAL. [Session of Guilford, Haynes, Henrahan, Hodge, Howard, Jarvis, Jolinston, Jones of Columbus, Jones of Davidson, Joyee^ Joyner, Kelly, Kennedy, King, Logan, Love of Chatham, Love of Jackson, Lyon, Manly, McGauley, McCleese, Mc- Corkle, McKoy of Sampson, McKay of Harnett, McDonald of Chatham, McDonald of Moore, McGehee, Mclver, N, A. McLean, Nat. McLean, McLaughlin, McRae, Mebaae, Moore of Chatham, Moore of Wake, Murphy, Nicholson, Norfloet, Odom, Perkins, Phillips, Polk, Rumley, Russell, Rush, Saun- ders, Simmons, Smith of Anson, Smith of Johnston, Smith of Wilkes, Spencer of Hyde, Starbuck, Stephenson, Stnbbs, Swan, Walkup, Ward, Willey, Wilson, Winburne, Winston, Wright— 88. Those who voted in the negative, are, Messrs. Boyden, Bryan, Caldwell of Burke, Caldwell of Guilford, Donnell, Faulkner, Gahagan, Garland, Garrett, Jackson, Jones of Henderson, Jones of Rowan, Patterson, Pool, Sloan, Spencer of Montgomery, Stewart, Thomp- son — 18. Mr. Moore, of Wake, offered the following amendment : Insert in place of section 7, that has been stricken out on the second, reading, "All men and women of those persons lately regarded as slaves, and now emancipated, whoj on the first day of January, eighteen hundred and sixty-six, shall be publicly, and of their own free will and consent, cohabit- ing together as husband and wife, and theretofore for the space of six months shall have so cohabited in that relation, shall be deemed to have been lawfully married from the time of their cohabitation, and the issue born of such cohabitation shall be deemed to have been born in lawful wedlock and legitimate from their birth ; and all persons whose cohabita- tion is hereby ratified into a state of marriage, may go before the clerks of the Courts of Pleas and Quarter Sessions of the counties in which they shall respectively reside, and acknowl- edge the fact of their cohabitation and the time of its com- mencement, and the clerk shall enter the same in a book kept for that purpose, and the entry shall be deemed a record." 1895.] COl^VENTION JOtJRNAL. 75 Be it further ordained,, That the above section of this ordi- nance shall be published semi-weekly for six weeks, in the following newspapers : The Asheville News, Charlotte Demo- crat, Udiod Banner, North-Carolina Standard, Fayetteville News, Newborn Times and Wilmington Herald. Mr. Nat. McLean moved to take a recess xmtil 7 o'clock this evening, and it was not agreed to. The question was on the amendment of Mr. Moore, of "Wake, on which Mr. Phillips asked the yeas and nays, and the same being ordered, the amendment was not adopted, yeas 20, nays 79. Those who voted in the affirmative, are, Messrs. Alexander, Baines, Barrow, Bell, Burgin, Coni- gland, Faixlkner, Garland, Garrett, Hodge, Kennedy, Mc- Corkle, McDonald of Chatham, Moore of Wake, Odom, Eus- sell. Smith of Johnston, Stewart, Winburne, Winston — 20. Those who voted in the negative, are, Messrs. Adams, Baker, Berry, Bingham, Boy den, Bradley, Brown, Bryan, Buxton, Caldwell of Burke, Caldwell of Guil- ford, Clark, Cowper, Dick, Dickey, Eaton, Ellis, Faircloth, Faison, Ferebee, Furches, Gahagan, Gilliam, Godwin, Grissom, Harris of Guilford, Haynes, Howard, Jackson, Jones of Co- lumbus, Jones of Davidsop, Jones of Henderson, Jones of Kowan, Joyce, Joyner, Kelly, King, Logan, Love of Chatham, Love of Jackson, Lyon, Manly, McCauley, McCleese, McKoy of Sampson, McKay of Harnett, McDonald of Moore, McGe- hee, Mclver, N. A. McLean, N. McLean, McLaughlin, McRae, Mebane, Moore of Chatliam, Murphy, Nicholson, Norfleet, Patterson, Perkins, Phillips, Polk, Rush, Saunders, Simmons, Sloan, Smith of Anson, Smith of Wilkes, Spencer of Hyde, Spencer of Montgomery, Starbuck, Stephenson, Stubbs, Swan, Walknp, Ward, Willey, Williams, Wilson, Wright— 79. Mr. Starbuck offered to amend as follows: '■'•Provided^ That this presumption contained in this section, that all con- tracts are solvable in Confederate money, shall not apply to contracts entered into in the county of Forsythe." 76 CONVEJSTION JOUKNAL. [Session The President announced the following committee on Missing Records: Messrs. Buxton, iNorfleet, Starbuck, Allen and Faircloth. , Then' on motion of Mr. Phillips, the Convention took a re- cess until 7 o'clock this evening. Evening Session— TUES DAT Oct. 17th, 1865. The Convention met at 7 o'clock. Tlie nntinished business of the morning session was resumed. The question being on the amendment of Mr. Starbuck to the ordinance (Ao. 18,) declaring what laws and ordinances are in force. Mr. Moore, of Wake, raised the point of order, that the amendment is inconsistent with the former action of the Convention. The President decided adversely to the point of order. Mr. Moore, of Wake, appealed from the decision, and the question being put, the decision of the Chair was sustained. The question was then put on the amendment, and it was not adopted. Mr. Moore, of Wake, then moved to amend as follows : That it is the sense of the Convention that section 3 stand aa it is. Mr. Logan to amend the amendment, " that all contracts, executory and executed of every nature and kind made between the 20th May, 1861, and the 20th May, 1865, solvable in money, no presumption shall arise in favor of either the plaintiff or defendant, but parol testimony may be admitted as to the contract or as to the custom of the country respect- ing such contracts at the time entered into." Mr. Moore, by consent, withdrew his amendment, which carried the amendment to the amendment with it. Mr. Phillips then offered the following : Provided, That in case the plaintiff in any suit upon such contracts will make an affidavit that it was solvable in other currency than that 1865.] CONVENTION JOURNAL. 77 above referred to, then snch presumption shall cease and it shall be presumed to be pa)'al)io in such currency as shall be mentioned in the affidavit, subject to explanation by evidence, as aforesaid," and the amendment was adopted. The ordinance, as amended then passed th.e third reading and was ordered to be enrolled. Mr. Moore, of Wake, from the committee to which was referred (No. 94) an ordinance to protect the rightful owners of property, reported back the otcinance with ameiidmeuts, He moved to suspend the rnles and put the ordinance mx its seve.al readings at this time and the motion prevailed. The ordinance was then read the second and third times, passed and ordered to be enrolled. Mr. Moore, of Wake, offered the following resolution, which was adopted under a suspension of the rules. li'esolved. That the ordinance fo protect the rightful owners of property, be published fortliwith by the public |>riuter, and the pnb.ished copy tliereot shall be evidence of tlie ordinance. Mr. Smith, of Wilkes, introduced (No. 97,) an ordinance fir the removal of obstructions in Yadkin River, whicli passed the first reading. Mr. Johnston 8,sked and obtained leave of absence from and after to-morrow. UNFINISHED BUSINESS- (No. 50.) An ordinance to declare vacant certain offices, was taken up on the third raading. Mr. Conigland offered a substitute for the ordinance. Mr. Moore, of Wake, to amend the amendment, by striking out and inserting a substitute. After some debate on these amendments, Mr. Phillips moved to postpone Hie further consideration, and make the ordinance the special order for to-irif Jackson, McCorkle, McGehee, Mc- laughlin, McRae, Moore of Wake, Odom, Pool, Rumley, Russell, Rush, Simmons, Smith uf Johnston, Spencer of Mont- gomery, Stephenson, Siewart, Stubbs, Thompson, Warren, Williams, Winbiirne, Winston — 40 The hour of 11 o clock having arrived, the special order (No. 95) HU ordinance to organize a temporary force for the preservation of law and order, was taken np, passed the second reading, then passed the third reading under a sus- pension of the rule, and was ordered to be enrolled, (No. 56.) liesolntion to appoint a committee to report hvw much of the late war debt was for war purposes, was read. Mr. Brooks moved to lay the resolution on the table, and the morion prevailed. (No. 57.) Resohiiion inquiring of the Public Treasurer concerning the amounts that have been expended for corn, &c , was read and adopted. (No 58 ) Resolution calling on the Governor for copies ot certain acts of the General Assembly passed in secret session, read and adopted. (No. 59 ) Resolution requestmg the President to proclaim the people of North Carolina restored to their rights and privileges under the Constitution and the Union, read and adopted. (No. 69.) Resolution requesting tlu^ Governor to coires- pond with the President of the United States with regard to r.fticers and citizens confined by the military •authorities ia Raieigh .ind Wilmington, North-Carolina, was read Mr. Brooks moved i,, amend by inserting after the word " to " in the 4th line the words, " Maj Willis Sanderlin, now confined by the military authorities in the rown of Newbern." 1895.] COSTYENTION JOURNAL. 81 The amendment was agreed to, and as thas amended, the resolution was adopted. (No. 68.) Resolution for appointing a commission to frame a code of laws for the Freedmen, was read and adopted. (No. 83.) Resolation concerning the enrollment of the ■ordinance prohibiting slavery in North-Oarolina was read. Mr. Smith, of Johnston, moved to laj' t!ie resolution on the table, and the motion prevailed. (No. 97.) Ordinance to remove obstrnetions from Yadkin jiver, was read the second time. Mr. Phillips moved to lay the ordinance on the table, and the motion prevailed. (No, 81.) An ordinance to appoint a judge to determine State claims to property, was read and passed the second reading Mr. Moore, of Wake, moved that the rnles be suspended and the oidinunce put upon its third reading to- hiy The motion prevailed, the ordinance was read the third time, passed and ordered to be enrolled. ■^ he coinu ittee on enrollments reported as correctly en- rolled : an ordinance to provide Revenue for the year 1865; an ordinance to protect the owneis of property and lor other purposes, a resolution to transmit certain documents to the Piesident of the United States, and a resolution to publish a certain ordinance, and the same were ratified in open Con- -vention. There being no fui'ther unfinished business on the Calen- dar, at the hour of 12 o'clock the pjiecial ord-er set for one o'clock was taken up, being (No. 50,) the ordinance in rela- tion to the late officers of the State, the question being on the amendment of Mr. Moore, of Wake, to the amendment of ilr. Conigland. Pending the discussion. The President announced a message from His Excellency, Gov. Ili'lden, transmitting a dispatch from the President of the United States, which was read. After iome discussion of the subject under consideration. 6 82 CONVENTION JOUENAL, [Session Mr. Settle moved to postpone the subject until 7 o'clock this evening, and the motion prevailed. Mr. Sloan moved to reconsider the vote of yesterday, fixing the day of adjournment. Mr. Cowper asked the yeas and nays, and the motion to reconsider prevailed, yeas 78, nays 25. Those who voted in the affirmative are, Messrs. Adams, Alexander, Baines, Baker, Barrow, Beam, Bell, Bingham, Boyden, Brickell, Brown, Brooks, Bryan, Burgin, Buxton, Caldwell of Burke, Dick, Dickey, Dockery, Donnell, Eaton, Ellis, Faircloth, Faulkner, Furches, Gahagan, Garland, Garrett, Godwin, Grissom, Harris of Rutherford, Haynes, Henrahan, Henry, Hodge, Jackson, Jones of Co- lumbus, Jones of Davidson, Jones of Henderson, Jones of Kowan, Joyce, Kelly, King, Love of Jackson, Lyon, Manly, McCauley, McCorkle, McKay of Harnett, McDonald of Moore, McGehee, Mclver, N. A. McLean, Nat. McLean, Mebane, Moore of Wake, Nicholson, Norfleet, Odom, Per- kins, Phillips, Polk, Pool, Rush, Settle, Sloan, Smith of An- son, Smith of Wilkes, Spencer of Hyde, Spencer of Mont- gomery, Stephenson, Stewart, Stubbs, Thompson, Walkup, Ward, Warren, Williams — 78, Those who voted in the negative are : Messrs. Berry, Caldwell of Guilford, Clark, Cowper, Faison, Ferebee, Harris of Guilford, Jarvis, Joyner, Kennedy, Logan, Love of Chatham, McKoy of Sampson, Moore of Chatham, Patterson, Russell, Saunders, Simmons, Smith of Johnston, Starbuck, Willey, Wilson, Winburne, Winston, Wright — 25. The question then being on the resolution to adjourn ou Thursday morning at 5 o'clock. Mr. Sloan moved to lay the same on the table, and the motion prevailed. Then on motion of Mr, Jones of Rowan, the Convention took a recess until this evening at 7i o'clock. 1865.] CONVENTION JOURNAL. 83 Evening Session— WEDNESDAY, Oct. 18th, 1865. The Convention met pursuant to adjournment. Mr. Lyon offered a resolution, that debate be limited to thirty minutes. Mr. Phillips introduced (No. 99) an ordinance in relation to the deposit and publication of the ordinances, &c., of the Convention. He moved that the rule be suspended and the ordinance be put upon its several readings at the present time, and the motion prevailed. The ordinance was then read and passed the several readings, and was ordered to be enrolled. By the same, (No. 100.) An Ordinance providing for compensation to Sheriffs for holding elections for delegates to this Convention. He njoved that the rules be suspended and the ordinance put upon its several readings at the present time. The mo- tion prevailed, the ordinance was then read, passed the several readings, and was ordered to be enrolled. Mr. Lyon's resolution was then tak^n up and read. Mr. Logan moved to amend as follows : that no member of this Convention shall speak more than once on the same subject, nor longer than fifteen minutes, and the amendment was agreed to. The resolution as amended was then adopted. Mr. Lyon, for the committee in regard to missing records,_ made a report that certain letter books had been taken from the Executive oflSce by the military authorities. Eeport lies over under the rule. Mr. Wright, from the select committee on the petition of Theodore Hughes, reported in part, and asked further time. The report lies over under the rule. The consideration of the unfinished business was then re^ snmed, the question being on the amendment offered by Mr. Moore, of Wake, to the substitute of Mr. Conigland for (No. 50) an ordinance in relation to the late officers in the State. The amendment of Mr. Moore, of Wake, was adopted. 84 CONVENTION JOtJU'NAL [Scssi'oa t The question was then on tlio amendment of Mr. Conigland as amended, and it was adopted. Tlie question was then on tlie iifial passage of the ordinance as amended. Mr. Caldwell, of Biii-ke, asked the yo.as and nays, and the same being ordered, the ordinance passed its third reading, ' yeas 86, nays 12. Tliose who voted in the ntfirmative are, Messrs. Adains, Alexander, Allen, Batnes, Baker, Barrow, Beam, Bell, Berry, Bingham, Boyden, Bradley, Brickell, Brown, Brooks, Bryan, Burgin, Caldwell of Burke, Caldwell of Guilford, Cowper, Dick, Dickey, Dockery, Ellis, Faircloth, Faulkner, Eurches, Gahajran, Garland, Garrett, Godwin, Gri-soi/i, Harris of Guilford, Harris of Rntherford, Haynes, IJenry, Hodge, Jackson, Jones of Davidson, Jones of Flun- derson, Jones of Rowan, Joyce, Kelly. Kennedy, King, L.li:m"n of the OnnvenLlon, : Our woik is linished. The breach in our government so far as the same was by force, has bi'on overci>me by torce ; and, so far as the same had the sanction of the legihlature, the legislation has been declared null and v id. so that there I'einains nothing to be done, except the withdrawal of military power, when all our governineiifal relations will be restored, without furtlier asking on the ])art of tie State, or giving' on the part of the United States. The element of slavery, which has sodisti-acted and divided 94 CONVENTION JOURNAL. [Session the sections, has, by a unanimous vote, been abolished. Every man in the State is free. The reluctance which for a while was felt to the sudden and radicalchange in .'Our do- mestic relation — a reluctance which was made oppressive to us by onr kind feelings for the slave, and by apprehensions of the evils which were to follow him, has yielded to the determination to be to him, as we always have been, his best friend ; to advise, protect, to educate and elevate him ; to seek his confidence and to give him ours; and each occupy- ing appropriate positions towards the other, to cherish for the past and cultivate for the future, those strong and mutual attachments which have been hallowed at the hearthstone, in the church, in the sick room, and at the grave. It remains for us to return to oUr constituents and engage with them in the great work of restoring oar beloved State to order and prosperity. As long as I remember anything with pleasure, my heart will beat faster when I reflect, gentlemen, upon your kind- ness to me. You have honored me with your confidence and excused my imperfections. I have not to remember a single discourtesy. I wish you a safe journey to your aflfectionate families, that your lives may be useful, honorable and happy, and that God may bless you. He then declared the Convention adjourned to the fourth Thursday in May next, pursuant to the motion just passed. Index TO journal OF STATE CONVENTION, 1865. ELECTIONS. PAGE. Election of President, 6 • " " Principal Secretary, 6 " " Assistant " 7 " Principal Doorkeeper, 7 " " Assistant^ •' " " " Enrolling Clerk, V " " Printer to the Convention, 8 YEAS AND NAYS. On motion of Mr. Perebee to strike out the " Ordinance declaring null and void the Ordinance of May 20th, 1861," to insert a sub- stitute offered by himself, 23 , " passage of said ordinance, on second reading, 33 " passage of the " Ordinance prohibiting Slavery in the State of North-Carolina," on second reading, 28 " moiion of Mr. Love, of Jackson, to recfonsider the vote by which the " Ordinance providing for the election of Members of the General Assembly, members of Congress, and Governor," passed its third reading, 34 " Mr. Grissom's amendment to said ordinance, viz : to strike out " 1866 " at the end of the first section and insert " 1867." 36 ii INDEX. PA6B, On Mr. Grissom's amendment to 15th section said Ordinance, viz : to strike out " 1867 " at its close, and insert " 1868," 37 " motion of Mr. Settle to suspend the rules, that the report of the Committee on Public and Private Debts might have immediate consideration, 39 " Committee's amendment to strike out section 7 of " An Ordi- nance declaring what laws and ordinances are in force, and for other purposes," 46 On motion of Mr. Mebane, to lay on the table " An otdinance recog- nizing the just debts of North-Carolina, and prohibiting the payment of all public debts contracted or incurred in aid of the late rebellion, 48 '" motion of Mr. Caldwell, of Guilford, for an adjournment, 48 " motion of Mr. Caldwell, of Guilford, to lay on the table the fore- going ordinance 56 " motion of Mr. Caldwell, of Burke, to suspend the rules to put on its several readings, "An ordinance for ascertaining the wish of the people in relation to the war debt,'' 57 " an amendment proposed by Mr. Conigland to "An ordinance submitting to the qualified voters of the State the ratification - or rejection of certain ordinances," 63 " an amendment offered to said ordinance by Mr. Caldwell, of Burke, 64 " an amendment offered by Mr. Caldwell, of Burke, to the " ordi- nance declaring what laws and ordinances are in force, on third reading, 72 " Mr. Phillips' amendment to said ordinance, viz : that the 5th section as amended stand as the sense of the Convention, 73 " amendment of Mr. Moore, of Wake, to said ordinance, 75 " motion of Mr. Caldwell, of Guilford, to lay on the table " An Ordinance to provide for the payment of the State debt con- tracted before the war," 79 " motion of Mr. Sloan to reconsider a vote fixing the day of ad- journment, 83 " the passage, on third reading, of " An Ordinance to declare vacant certain offices," , g4 / " motion of Mr. Boyden, to lay on the table " An Ordinance recog- nizing the just debts of North^Carolina, and prohibiting the payment of all debts contracted or incurred in aid of the re- bellion," gg " Mr. Mclver's amendment to the substitute proposed by Mr. Moore ot Wake, for the foregoing ordinance, ' gg INDEX. iii FACn. On (*« adopticm of the first section of said Ordinance, on aecond reading 88 " the adoption of the second section of said Ordinance, 88 "" Mr. Griasom's amendment to said Ordinance, submitting its 2d section to the people for ratification or rgection, 89 •' Mr. Settle's motion to reconsider the Tote by which the forego- iag aGDondment was adopted, 90 JOTJIinV^^lL. OF THE CONVENTION OF THE STATE OF NORTH-CAROLINA, AT ITS ADJOURNED SESSION OF 1866. EALEIGH: CANNON • Ealaigh, May 25N JOUENAL. [Ses&ioa Mr.' Polk introdiMjed (146) a Besolution- for eveffiftig sesisions,, ■which #'as read.- He then moved to suspeH^i the rules in order to consider' tlie resolution to-day,- and the motion prevailed.. Mr. Jones, of DavMson^ moved to amend so as to' commen&e the evening session at 4 o'clock. Mr. Logan., to amend the amendmemt so a® to hate a mom-- tng session from 10 o'clock to l^and an afternoon session from 3 o'clock to 5. , Mr. Henry moved to lay the whole sft'bject on the taMe* On this motion Mr. Polk asked the yeas and naysj, whicli were not ordered. The question then recurred on the motion of Mr. Heniy, to lay on the table, and it was agreed to. Mr. "Winburne introduced (147) an Ordinance to secure the liglits of citizens of North-Carolina in the navigable rivers of tlie State, which passed the first reading. Mr. Pool introduced (148) a Resolution to pay the CommiS' sioners appointed to report to the General Assembly on the subject of freedmen, which passed the first reading and refer- red to the Committee on Finance. Mr. Wright, from the Committee on FinancCj to whom was referred the report of the Public Treasurer, transmitted through his Excellency, the Governor, reported (149) an Ordi- nance in relation to the Act of the General Assembly, entitled ^ Revenue," which passed the first reading and was ordered to be printed. BUSINESS. ON THE CAXESDAK. (106) An Ordinance to grant a General Amnesty, was read tiie second time. Mr. Jones, of Henderson, moved to amend by striking out " May 1st, 1865," and inserting the word " January 1st, 1866," and it was not adopted. Mr. McCorkle moved to amend by adding the words: '' Provided, That all homicides committed by persons in the go-called Confederate States army, while acting under orders 3.866.-] COBTVEIirTIOlS" JOUJKSrAL. 23 emanating fropt-«©siniandingjOfficers,,towhicli,tU^.defeiiclants belonged, ^ali als® be »exem|ated from prosecutioa." Mr. Phillips moved to refer the whole subject to tke Com- attiifctee on General Amnestf™ Mr. Gilliam, to amend the moti«E so 4S to refea* t® ja Select Committee. Mr. Forkner moved t«lfiy the levy a tax upon the subjects of taxation named in Schedule 2-i CONVENTIOjS^ journal. [Session B and C, of tlie Eeveriiie law of 1866, wliieh was read and adopted. The Convention then proceeded to tlie consideration of the business on the Calendar, as follows : (114) A Eesohition concerning public appropriations for tlie Chatliam Kailroad Comjjaily, was read arid adopted'. (115) An Ordinance in relation to imprisonment fw defet,. was read the second time, and On motion of Mr. MoOre, of Wake, was referred to tLe Committee on Constitiltional Amendments. (118) An Ordinance repealing provisos of section 9 of an act of th6 General" Assembly, entitled "An Act eonoerniiig negroes and persons of color, or of mixed tlood, and for other purposes,^' wasread the second time, and On rii'dtion of Mr. Moore, of Wake, referred to a Seled; Committee ol five. (107) An' Ordinance for calling a Conventfo"!! in ISTJ, was read the second time, and •Oh motion of Mr. Phillips, laid upon the table. (119) An Ordinance repealingsection 11 of an act, entitled "An Act concerning free negroes and persons of color, or of mixed blood," was read the second time, and ■On motion of Mr. Moore, of Wake, referred to the Select Comiriittfee appointed on No. 118. ■ (120) A Resolution to raise a Committee to report an Ordi- nance for a Convention in 1871, was- read the seeoiid time,and On motion of Mr. Pliillips, laid upon the table. (122) A Resolution in favor of Wm. II. Ilan-ison was read the second time. Mr, McLaughlin moved to lay it on the table; on which he a^ked the yeas' and nays, which, being ordered, resulted yeas • 67, nays 30. Those who voted in the affirmative are : 'Messrs. Adams, Alexander, Bagley, Barrow, Eeaira,. BelL Berry, Bingham, Bradley, Brj^an, Buxton, Caldwell of GtiiI- ford, Gowper, Dick, Eaton, Ellis, Faircloth, Perebee, Furches, Gahagan, Garrett, Godwin, Harris of Guilford, Ilaynes, Jackson, Jones of Davidson, Joyce, Joyner, King, Lash 18G6.] CONTENTION JOUENAL. 25 Logan, Love of Chatliam, Love of Jackson, McCauley, Mc- Donald of Chatham, McDonald of Moore, McGehee, Mclver, N. A. McLean, Nat. McLean, McLaughlin, McEae, Mebaiie, Moore of Chatham, Murphy, Odom, Perkins, Person, Phillips, Polk, Eichardson, Eush, Satterthwaite, Simmons, Sloan, Smith of Anson, Smith of "Wilkes, Spencer of Hyde, Starbuck, Stephenson, Stewart, Swan, Thompson, Walkup, Willey, Winbnrne, AVright — 67. Those who voted in the negative are : Messrs. Allen, Baines, Baker, Brickell, Brown, Burgin, Bynum, Caldwell of Burke, Conigland, Dickey, Dockery, Forkner, Garland, Gilliam, Grissom, Harris, of Eutherford, Henry, Hodge, Jones of Henderson, Lyon, McCorkle, McKay of Harnett, Moore of Wake, Patterson, Eumley, Eussell, Spencer of Montgomery, Williams, Wilson, Winston — 30. SPECIAL OEDEK. (05) An Ordinance concerning debts of the State hereafter to be contracted, being the special order for 12 o'clock this day, was taken up on its second reading. Mr. Eaton moved to amend by striking out of the 14th line of the written ordinance the words : " the passage," and inserting the words, " each reading," and the amendment was adopted. Mr. Love, of Jackson, oifered the following amendment : " Provided, That this requirement shall not be applicable to works of internal improvements already chartered, or in progress of construction." On this amendment he asked the yeas and nays. Mr. Caldwell, of Burke, moved to lay the whole subject on the table. On which he asked the yeas and nays, which being ordered, resulted yeas &9, nays 58. Those who voted in the affirmative are : Messrs. Adams, Bakei^ Beam, Bingham, Bradley, Bryan, Burgin, Bynum, CaWwell of Burke, Dick, Dickey, Dockery, Ellis, Forkner, Garland, Garrett, Harris of Eutherford, Haynes, Henry, Jones of Davidson, Jones of Henderson, 26 CONVENTION JOURNAL. [Session Joyce, Logan, Love of Chatham, Love of Jackson, McDonald of Chatham, McDonald of Moore, N. A. McLean, Nat. McLean, McRae, Moore of Chatham, Patterson, Pool, Smith of "Wilkes, Stephenson, Stewart, AValkup, "Ward, Williams— 39. Those who voted in the negative are : Messrs. Allen, Bagley, Barrow, Bell, Berry, Brickell, Brown, Buxton, Caldwell of Guilford, Conigland, , Cowper, Eaton, Eaircloth, Ferebee, Furches, Gahagan, Gilliam, Grissom, Harris of Guilford, Hodge, Jackson, Jarvis, Johnston, Joyner, King, Lash, Lyon, McCauley, McCorkle, McKoy of Sampson, McKay of Harnett, McGehee, Mclvor, McLaughlin, Mebane, Moore of Wake, Murphy, Odom, Pearsall, Perkins, Person, Phillips, Polk, Eussell, Bush, Satterthwaite, Simmons, Smith of Anson, Spencer of Hyde, Spencer of Montgomery, Star- buck, . Thompson, Willey, Wilson, Winburne, Winston, Wright— 58, The question then recurred on the amendment of Mr.LovCj on which he asked the yeas and nays. The President appointed the following Committees : On Ordinance 118 and 119, Messrs. Moore, of Wake, Eaton, Satterthwaite, Bynura and Dockery. On Amnesty, Messrs. Caldwell, of Bnrke, Gilliam, McCorkle, Dick, Satterthwaite, Mebane, Eaton, Gahagan and Buxton. On Mr. Logan's Resolution (154,) Messrs. Logan, Lash, McRae, Cowper, Berry, Caldwell, of Guilford, and Pool. Then, on motion of Mr. Henry, the Convention adjourned to 10 o'clock ' to-morrow niornirig — yeas 61, nays 30. TUESDAY, May 29tii, 1866. The Convention was called to order by the President, pur- suant to adjournment. Prayer by Rev. Thomas E. Skinner, of the Baptist Church. The journal of yesterday M^as read and approved. Messrs. Jones, of Rowan, and Warren appeared in theii' seats. 1866.] CONVENTION JOURNAL. 27 BESOLTTTIONS AST) ORDINANCES. Mr. Mebane introduced (151) a Kesolution to grant the use of tlie Hall to the Young Men's Christian Association on the (evening of the 31st inst., which was read and adopted. By Mr. Pearsall, (132) a Eesolution for the relief of the people, by suspending the collection of taxes ; which passed the first reading. On motion of Mr. Jones, of Davidson, (139) Resolution to raise a Committee to inquire concerning Salaries and Fees, was taken up and adopted. The President appointed Messrs. Jones, of Davidson, Gris"- som, Harris, of Guilford, Gahagan and Bingham. Mr. Dockery introduced (153) a Resolution to raise a Com- mittee of five to inquire and report as to the propriety of selling the Charter of the "Western North-Carolina Railroad Company, which was read. Mr. Love, of Jackson, moved to suspend the rules, so that the resolution may be considered to-day, and the motion prevailed. He then moved to amend, by making the Committee consist of seven instead of five, and it was agreed to. Mr. Patterson moved to amend by adding after the word " Cleaveland," the words " or any point they may think pro- per," and it was adopted. > As thus amended the resolution was adopted. The President appointed on this Committee Messrs. Dock- ery, Patterson, Eaton, Caldwell of Burke, Ferrebee, Russell and Brown. Mr. Mclvor, for the majority of the Committee on Magis- trates, reported (154) an Ordinance for the appointment of Magistrates, and to limit the number of the same ; which passed tl\e first reading, and was ordered to be printed. Mr. Garland, for the minority of the same Committee, re^ ported (155) an Ordinance for the election of Magistrates, and to limit the number of the same ; which passed the first read- ing, and was ordered to be printed. Mr. Logan introduced (156) a Resolution for the relief of 28 CONVENTION JOUKNAL. [Session the people of the Counties of Eutherford and Polk f which was read and lies over. By the same, (157) an Ordinance for the relief of the people of the Counties of Rutherford and Polk ; which passed the first reading. Mr. Logan moved to suspend the rules and put the ordin- ance on its second and third readings to-day, and it was not agreed to. Mr. McRae introduced (158) an Ordinance to ratify and coniirm tlie transfer of the Fayetteville and "Western Plank- road to the Counties of Cumberland, Harnett and Randolph ; which passed the first reading. Mr. King introdu,ced (159) an Ordinance extending the time for the settlement of public taxes by the Sheriffs and Tax Collectors of the State ; which passed the first reading. On motion of Mr. King, the rule was suspended, the ordi- nance read the second time, and referred to the Committee on Finance. UNFINISHED BUSINESS. The Convention took up the unfinished business, (65) an Ordinance concerning the debts of the State hereafter to be contracted, the question being on the amendment of Mr. Love, on which he had called for the yeas and nays. The yeas and nays were ordered, and resulted yeas 20, nays 81. Those who voted in the affirmative are : Messrs. Alexander, Bingham, Burgin, Bynum, Caldwell of Burke, Dockery, Ellis, Eurches, Garrett, Harris of Rutherford, Harrison, Henry, Logan, Love of Jackson , McDonald of Moore, McRae, Patterson, Smith of Wilkes, Stewart, Swan — 20. Those who voted in the negative are : Messrs. Adams, Allen, Bagley, Baines, Baker, Barrow, Beam, Bell, Berry, Bradley, Brickell, Brown, Bryan, Buxton, Caldwell of Guilford, Oowper, Dick, Dickey, Eaton, Fair- cloth, Forkner, Ferebee, Gahagan, Gilliam, Godwin, Grissom, Harris of Guilford, Haynes, Hodge, Jackson, Jarvis, Johnston, Jones of Davidson, Jones of Henderson, Jones of Rowan, 1866.] CONTENTION JOURNAL. 29 Joyce, Jojner, King, Lasli, Love of Chatham, Lyon, McCanley, Mclvoy of Sampson, McKay of Harnett, McDonald pf Chat- ham, Mclver, N. A. McLean, Nat. McLean, McLaughlin, Mebane, Moore of Chatliam, Moore of "Wake, Murphy, Odom, Pearsall, Perkins, Person, Polk, Pool, Richardson, Rumley, Rush, Satterthwaite, Simmons, Smith of Anson, Spencer of Hyde, Spencer of Montgomery, Starbuck, Stevenson, Thomp- son, "VValkup, Ward, AVarren, Willey, Williams, Wilson, Winburne, Winston and Wright^Sl. Mr. Furches then moved to amend as follows : ' Strike out all between the Avords "debt" and "imless;" in the 5th line, and insert the words "or imposing any tax upon the people of the State ;" which was adopted. Mr. Moore, of Wake, moved to amend by inserting the words " second and third," so that the voters shall be recorded only on those readings ; which was adopted. As amended, the ordinance passed the second reading. Mr. King moved to suspend the rules and put the ordinance on its third reading to-day. Mr. Lo2;an moved to refer it to the Committee to revise the Constitution ; which motion had priority, and w&s agreed to. (124) A Resolution in relation to a recess or final adjourn- ment of the Convention, was read, and On motion of Mr. Odom, laid upon the table. (125) An Ordinance to aipend the Charter of the Governor's Creek Transportation and Mining Company, was read and passed the second reading. Mr. McDonald, of Chatham, moved to suspend the rules and put the ordinance on its third reading to-day. Mr. Satterthwaite moved to refer it to the Counnittee of Finance ; which motion had priority, and was .agreed to by the Convention. (127) An Ordinance for the election of a Lieutenant Gov- ernor ; wdiich was read and passed the second reading, and was referred to the Con^mittee to revise the Constitution. (129) An Ordinance prohibiting the General Assembly from conferring appointments upon the members thereof, was read so CONVEIy^TlOK JOtJEiSTAI. [Session tke second time, and referred to the Committee on Constitn- tional Amendments. (131) A Eesolution relating to questions to be considered hy the Convention, was read. Mr. Grissom moved to lay it on the table. On this motion Mr. Polk demanded the yeas and nays, which were ordered and resulted yeas 6B, nays 36. Those who vo1;ed in the affirmative are : Messrs. Adams, Baines, Baker, Beam, Bell, Berry, Bingham^ Brickell, Brown, Brooks, Bryan, Buxton, Bynum, Caldwell of Burke, Caldwell of Guilford, Dick, Dickey, Ellis, Faircloth, Forkner, Gahagan, Garland, Garrett, Gilliam, Godwin, Grissom, Harris of Guilford, Harris of Kutherford, Harrison, Haynes, Henry, Hodge, Jackson, Jones of Davidson, Jones of Henderson, Jones of Rowan, Joyce, King, Lash, Logan, Love of Chatham, Love of Jackson, Lyon, McCauley, McDon^ aid of Chatham, McDonald of Moore, McGehee, Mclver, McLaughlin, Moore of Chatham, Moore of "Wake, Odom, Patterson, Perkins, Pool, Eussell, Rush, Sloan, Smith of Johnston, Smith of Wilkes, Spencer of Montgomery, Star' buck, Stephenson, Stewart, Swan, Thompson, "Ward^ "Warren, Williams— 69. ^ Those who voted in the negative are : Messrs. Alexander, Allen, Bagley, Barrow, Bradley, Burgin, Clark, Cowper, Dockery, Eaton, Ferebee, Furches, Jarvis, Johnston, Joyner, McCorkle, McKoy of Sampson, McKay of Harnett, N. A. McLean, McRae, Mebane, Murphy, Pearsallj Person, Polk, Richardson, Satterthwaite, Simmons, Smith of Anson, Spencer of Hyde, Walkup, Willey, Wilson, Winburne, Winston, Wright— 36. (132) Resolutions declaring what has been done, and ap- pointing a Committee to inquire what is necessary to be done to restore the State to the Federal Union, was read. Mr. Henry moved that they be printed and made the special order for Friday next, at 12 o'clock, M., and it was agreed to. (135) Resolution to change the manner of settling with executors and administrators, was read the second time, and 1866.] CONVENTION JOURNAL. 31 the question being on its passage, it was decided in the negative. (137) A Eesolution reducing tiie per diem and mileage of the officers and members of the Convention, was read. Mr. Henry moved to lay it on the table ; and the motion prevailed. (138) An Ordinance in relation to debts incurred by coun- ties in aid of the rebellion, was read the second time and re- ferred to the Committee on the War Debt. (141) An Ordinance concerning the election of Clerks and Sheriffs, was read the second time. Mr. Caldwell, of Guilford, moved to lay on the table, but withdrew it. Mr. Clark removed the motion. Mr. Grissom asked the yeas and nays, which were ordered, and resulted yeas 84, nays 12, Those who voted in the affirmative are : Messrs. Adams, Alexander, Allen, Bagley, Baker, BaiTOw, Beam, Bell, Bingham, Bradley, Brickell, Brown, Burgin, Buxton, Bynum, Caldwell of Guilford, Clark, Cowper, Dick, Dickey, Eaton, Eaircloth, Ferebee, Furches, Gahagan, Gar- land, Gilliam, Godwin, Harris of Guilford, Harris of Ruther- ford, HarrisonJ Haynes, Jackson, Jarvls, Johnston^ Jones of Davidson, Jones of Henderson, Jones of Rowan, Joyce, Joy- ner, King, Lash, Logan, Love of Chatliam, Love of Jackson, Lyon, McCauley, McCorkle, McKoy of Sampson, McKay of Harnett, McDonald of Chatham, McDonald of Moore, McGehee, Mclvor, N. A. McLean, McLaughlin, McRae, Mebane, Moore of Chatham,- Moore of Wake, Murphy, Odom, Patterson, Pearsall, Perkins, Person, Polk, Richardson, Rush, Satterthwaite, Smith of Anson, Smith of Wilkes, Spencer of Hyde, Starbuck, Stephenson, Swan, Thompson, Walkup, Ward, Willey, Williams, Wilson, Winbume, Winston — 84. Those who voted in the negative are : / Messrs. Baines, Berry, Biyan, Caldwell of Burke, Ellis, Forknei', Garrett, Grissom, Henry, Russell, Simmons, Smith of Johnston, Stewart — 12. Mr. Rumley, the following Preamble and Resolutions : 82 OOlSrVENTlON JOUENAL. [Session WiiEEEAs, The Almighty has been pleased, since our ad- journment in October last, to remove from this world Walter S. Ilanrahan, of the county of Pitt ; Thomas I. Faison,ot tlie county of Sampson ; Isaac K". Saunders, of the county of Onslow, and Eev. David B. Nicholson, of the county of Dup- lin, who were members of this body : Jiesol'ccd, That the Convention record, with sorrow, the deaths of these worthy members, as a loss to the Convention and to the State ; and, as a testimonial of respect to their memory, orders that this Preamble and Resolutions be entered upon the journals of the Convention, and that a copj' thereof be transmitted, by the principal Secretary, to the family of each of the deceased. liesohted, Asa further testimony of respect to the menjory of our deceased fellow-members, this Convention do now adjourn. The Resolutions were unanimously adopted, and the Presi- dent declared the Convention adjourned to 10 o'clock to- morrow morning. WEDJS^ESDAY, May SOtu, 1866. The Convention was called to order by the President, pm-- suant to adjournment. Prayer by Rev. Henry Ilardie, of the Presbyterian Churcl!. The journal of yesterday was read and approved. Mr. Boyden, delegate from Rowan, appeared in his seat. The Committee on Enrolments reported, as correctly en- rolled, the following Ordinances and Resolutions, and the same were ratified in open Convention : Resolution to have an abstract of the Census of 1S60 print- ed for the use of the Convention. An Ordinance to provide for executing decrees of the Supi-eme, Court at Morganton. An Ordinance to alter the times of holding the Courts of Pleas and Quarter Sessions of Stanly county. 1866.] CONVENTION JOURNAL. 33 EesolutioH for the distribution of the laws of the General Assembly, An Ordinance concerning the qualifications of voters for municipal officers in the cities and incorporated towns of North-Carolina. An Ordinance to change tliB time of holding the Courts ot Pleas and Quarter Sessions for Alexander county ; and A Resolution in regard to printing. On motion of Mr. Brown, leave of absence was granted Mr. McKoy, of Sampson, on account of illness. Mr. Caldwell, of Guilford, introduced (160) An Ordinance to regulate interest ; which passed the first reading. He then moved to suspend the rule that the ordinance may now be considered, and the motion prevailed. The ardinance was then read the second time, and, on mo- tion, referred to the Committee on Constitutional Amend- ments. By Mr. Caldwell, of Burke, (161) A Resolution concerning maimed and disabled soldiers, which was read and passed the first reading. Mr. Moore, of Wake, from the Select Committee, on Ordinance 118, to repeal the provisos of section 9, of an act of the General Assembly, entitled " An Act concerning free negroes and persons of color or mixed blood," and (119) To Repeal section 11 of an act of the General Assem- bly, entitled " An Act concerning free negroes and persons ot color or of mixed blood," reported the same back to the Con- vention and recommended their passage. Mr. Forkner, that the report of the Committee, with the ordinances, be printed, and the motion prevailed. ' Business on the calendar was then taken up and disposed of as follows : (142) An Ordinance to amend the Constitution, so as to provide for homesteads ; and (143) An Ordinance in regard to homesteads, were severally read the second time : and. On motion of Mr. Forkner, 3 34 CONVENTION JOUENAL, [Session Were made the special order for Thursday, 31st instant, at 12 o'clock, M. (IM) An Ordinance to incorporate the Oceanic Hook and Ladder Company of Beaufort, N. C, was read and passed the second reading. (147) An Ordinance to secure the rights of the citizens of North-Carolina in the navigable rivers of the State, was read' the second time, and On motion of Mr. "Winston, was referred to a Select Com- mittee of five. The President appointed on this Committee Messrs. Win- burne, Winston, Pool, Johnston and Stewart. Mr. McKay, of Harnett, introduced (162) an Ordinance to pay Judges of Courts of Oyer and Terminer, which was read and passed the first reading. He then nioved to suspend the rules and put the Ordinance on its second reading at this time, and the motion prevailed. The Ordinance was then read the second time, and On motion referred to the Committee on Finance. (149) An Ordinance in relation to the act of the General Assembly, entitled " Kevenue," wa^ read the second time and passed the second reading. (166) Resolution for the relief of the people of the Counties of Eutherford and Polk, was read the second time, and (15Y) An Ordinance for the relief of the people of the Counties of Eutherford and Polk, was read the second time, and both, on motion, referred to the Committee of Finance. (158) An Ordinance to ratify and confirm the transfer of the Fayetteville and Western Plankroad to the counties of Cumberland, Harnett and Eandolph, was read the second time. Mr. Brown moved to lay it on the table, and it was agreed to. , On motion of Mi-. Mebane, the special order for 12 M. this day, was taken up, it being (70) An Ordinance amending the Constitution on the basis of representation, on the second reading. Mr. Love, of Jackson, oflfered a substitute for the ordinance 1866.] CONTENTION JOUENAL. 35 under tlie title of " An Ordinance on the basis of representation as a substitute for an ordinance, entitled an ordinance amend- ing the Constitution on the basis of representation, reported by the committee on the basis of representation," and the, amendment was not adopted. On motion of Mr. Phillips the farther considerati,on,of th^ ordinance was postponed to 10^ o'clock to-morrow morning. Mr. Love, of Jackson, moved to take up (136) the Constitu- tion and amendments, reported by the Committer to revise the Constitution, and the^ motion prevailed. The Constitution was then read by articles and sections. Article 1, section 9, being read, Mr. Caldwell, of Guilford, moved to amend by adding to the section the words " but may be for a misdemeanor, but shall not be denied the right of appeal in such cases." Pending the consideration of this amendment, On motion of Mr. Walkup, the Convention adjom-ned to 10 o'clock to-morrow morning. THUESDAT, Mat 31st, 1866. The President cajled the Convention to order, pursuant to adjournment. The journal of yesterday was read and approved. Mr. Wilson, for the Committee on the Stay Law, reported : (163) "An Ordinance to amend the Stay Law," in lieu of all matters referred to them, which passed the first reading. Mr. Phillips moved that the ordinance be printed, and it was agreed to. Mr. Jones, of Davidson, for the Committee on Salaries an,d Pees, reported (164) An Ordinance to amend an 4-ct of the late Legislature, entitled " An Act to regulate Salaries and Pees," which passed the first reading. Mr. McCorkle moved to print the ordinance, and it was agreed to. Mr. Dockery, from the Committee on Constitutional amend- ments, reported back (115) an Ordinance in relation to im- 36 CONYENTIOlSr JOUENAL. [Session prisonment for debt, and recommended that it do not pass, and asked to be discharged from its farther consideration. By the same, (160) an Ordinance to regulate interest, re- commending that it do not pass. Mr. Winburne, from the Select Committee on (144) an Ordinance to secure the rights of citizens of JSTorth-Carolina in the navigable rivers of the State, reported back the same with a substitute and recommended its passage. He moved to suspend the rule in order to pnt this or- dinance on its second and third realdings, and it was tiot agreed to. Then, on motion of Mr. Moore, of Wake, the ordinance was ordered to be printed. Mr. Logan introduced (165) an Ordinance to grant to the Coimty of Polk poAver of voting with the district or county to which they are attached, in the election of members to the General Assembly, which passed the first reading. Mr. Moore, of Wake, for the committee to revise the Consti- tution, reported back (65) An Ordinance concerning the debts of the State hereafter to be contracted, with a substitute, and recommended its passage. On motion of Mr. Furches, the substitute was ordered to be printed. Mr. Grissom introduced (166) an Ordinance to authorize the exchange of State Bonds for certain causes, which passed the first reading and, on his motion, was referred to a select Committee of five., The President appointed Messrs. Grissom, Pool, Caldwell of Burke, Sloan and Warren. Mr. Phillips introduced (167) a Eesolution to have printed, for each officer and member of the Convention, six copies of the abstract of the census of 1860, which passed the several readings, under a suspension of the rules, and was orderd to be enrolled. By Mr. Mebane, (168) an ordinance to incoi-porate the Co-operation Association, No. 1 of North-Carolinia, which passed the first reading. 1866.] CONVEKTiOlf JOUENAL. 37 By Mr. Mclvor, (169) An Ordinance to prevent County- Charges, wMcli passed the first reading. By Mr. Forkner, (170) An Ordinance to provide for the passage of fish through the unnavigable rivers of this State, which passed the first reading. . Mr. Simmons introduced (171) Resolution as follows, which was read and lies over under the rules : Resolved; That no business of a Legislative nature will be entertained, from and after the second day of June next, except such as may be addressed to the Convention, by His Excel- lency, the Governor of the State. The hour having arrived, the special order was taken up, being (70) An Ordinance to amend the Constitution on the basis of representation. Mr. Phillips moved that the special order be postponed that it may come up regularly in the consideration of (136) the Revised Constitution and amendments, and it was agreed to. triirmisHED srsiNESs. The reading of (136) Constitution and amendments was resumed, the question being on the amendment offered by Mr. Caldwell, of Guilford, Mr. Mebane offerd an amendment to the amendment as follows : " The Legislature may, however, provide other modes of trial, with the right of appeal, for misdemeanors." This amendment was in the character of a substitute for the amendment of Mr. Caldwell, of Guilford, and was adopted. Mr. Moore, of Wake, then offered the following as a substi- tute for the pending amendments : "Provided, That Courts may be established and held in cities and incorporated towns and at the Court Houses, in which may be tried without the intervention of grand or petit Juries, as shall be prescribed by law, all misdemeanors, except such whereof the punishment may be corporal other than im- prisonment, whenever the accused shall elect to be so tried : Provided^ That in all cases where the party may be imprisoned 38 CONVENTION JOUENAL. [Session OT fined above fifty dollars, lie may appeal to any Court Itav- ing jurisdiction of tlie ease." The President announced a communication from His Ex- cellency, the Governor, in relation to Swamp lands, which was read, and On motion of Mr. Moore,-of Wake, referred to a Select Committee of five members. The President appointed on this Committee, Messrs. Moore of Wake, Thompson, Boyden, Bynum and Dockery. On motion of Mr. McLaughlin, Mr. Bradley was granted leave of absence from and after to-morrow imtil Monday next. Then, on motion of Mr. Logan, at 2:45, P. M., the Conven- tion adjourned to 10 o'clock to-morrow morning. EEIDAT, June 1st, 1866. The President called the Convention to order, pursuant to adjournment. The journal of yesterday was read and approved. Mr. Norfieet, delegate from Edgecombe, appeared in his seat to-day. Mr. Jones of Davidson, presented a memorial from certain citizens of Davidson county, in regard to prosecutions for offences during the war, which was read and referred to the Select Committee on Amnesty. Mr. Dockery, from the Select Committee to whom was referred the subject of the expediency of selling the Charter of the Western North-Carolina Eailroad Company, reported (172) An Ordinance to authorize the sale of the State's interest in the Western North-Carolina Eailroad Company, which passed the first reading, and On motion of Mr. Henry, was ordered to be printed. Mr. Jones, of Davidson, introduced (173) A Eesolution carrying into effect an ordinance of the late Convention, entitled "An Ordinance recognizing the just debts of the State and prohibiting, the payment ofall public debts incurred in aid of the rebellion," which passed the first reading. 1866.] COISTYENTION JOURNAL. 31) Mr. Jones, of Henderson, introduced (174) An Ordinance legalizing certain acts of the Courts of Pleas and Qua,rter Sessions in certain Counties, Avliich passed tlie first reading and was referred to the Committee of Finance. Mr. Moore, of Wake, introduced (175) An Ordinance con- cerning th-e marriag-es of persons of color, which passed the first reading. He moved that the rules be suspended in order that the ordinance may have its second and third readings at this time. Mr. King moved to refer it to a Select Committee of five. Mr. Forkner moved to lay the ordinance on the table, and the motion prevailed, yeas 44, .nays 39. On motion of Mr. Grissom, leave of absence was granted Mr. Lyon for one day, on account of illness. Mr. Jones, of Eowan, introduced (176) An Ordinance to Beeure a better government for the Insane Asylum, which passed the first reading. Mr. Wright, for the Comniittee of Finance, reported bacJc (159) an Ordinance extending the time for the settlement of the public taxes, and (152) A Resolution for the relief of the people by suspend- ing the collection of taxes, and recommended that they be not adopted. By the same, from the same committee, on (162) an Ordin- ance to pay Pro^dsional Judges for holding Courts of Oyer .and Terminer, and recommended that it do not pass. Mr. Warren introduced (177) an Ordinance to authorize W. B. Campbell to collect arrearages of taxes, which passed the first reading, and was referred to the Committee of Finance. UNFINISHED BUSINESS. The Convention then took up (136) the Constitution and .amendments thereto under consideration at the time of ad- journment on yesterday, the question being on the amendment of Mr. Moore, of Wake, to the amendment of Mr. Caldwell, •of Guilford. 40 CONYENTIOW JOUENAL. [Session Mr, Moore, of "Wake, by consent, offered the following, in lieu of the one offered by him on yesterday : " But the General Assembly may establish Courts of Record to be held publicly at stated times and places, by one or more Judges or Justices of the Peace, who may have and determine without any jury, grand or petit, all misdemeanors, the pun- ishment whereof is not corporal, otherwise than by impris,on- ment, whenever the accused shall consent to be so tried." The hour for the consideration of the special oi-der of the day having arrived, being (132) a Resolution declaring what has been done, and to raise a committee to inquire what is- necessary to be done to restore the State to the Federal Union,, Mr. Caldwell, of Guilford, moved to postpone the same until the business now before the Coiivention be disposed of„ and the motion was agreed to. The question then recurred on the amendment of Mr- Moore, of Wake. On which Mr. "Wilson asked the yeas and nays, which were ordered, and resulted yeas 8, nays 96. Those who voted in the affirmative are :. Messrs. Baker, Caldwell of Burke, Conigland, Forkner^ Harrison, Moore of Wake, Patterson, Phillips — 8. Those who voted in the negative are : Messrs. Adams, Alexander, Allen, Eagley, Baines, Barrow, Beam, Bell, Berry, Bingham, Boyden, Eradley,.Brickell, Brown Brooks, Bryan, BuTgin,, Buxton, Bynum, Caldwell, of Guilford, Dick, Dickey, Dockery, Eaton, Ellis, Fairdoth, Ferebee, Furches, Gahagan, Garland, Garrett, Gilliam, Godwin, Gris- som, Harris of Guilfoi-dj Harris of Rutherford, Haynes, Henry, Hodge, Jackson, Jarvis, Johnston, Jones of Davidson, Jones of Henderson , Jones of Rowan, Joyce, Joyner, King, Lash, Logan,, Love of Chatham, Love of Jackson, McCauley, McCorkle, McKay of Harnett, McDonald of Chatham, McDonald of Moore, McGehee, Mclver, N. A. McLean, Hat McLean, McLaughlin, McRae, Mebane, Moore of Chatham, Murphy,. Noi'fleet, Odom, Peaa-sall, PerMns,. Pollc, Richardson, Rumley, Russell, Rush, Satterthwaite, Settle, Simmons, Sloan, Smith of Anson, Smith of Johnston, Smith of Willces^ Spencer of 186G.] CONVENTION JOUENAL. 41 Hyde, Spencer of Montgomery, Starbuck, Stevenson, Stewart, Thompson, Walkup, AVard, "Warren, Willey, "Wilson, Win- burne, "Winston — 96. Mr. Smith, of Johnston, offered to amend as follows : " And, provided further,''Th2ii the Legislature shall provide by law, that the officers who are to try misdemeanors, shall be elected by the people." And it was not adopted. The question then recurred on the amendment of Mr. Me- bane, substituted for the amendment of Mr. Caldwell of Guil- ford. On this question Mr. Jones, of Rowan, asked the yeas and nays, and the same being ordered, resulted yeas 58, nays 48. Those who voted in the affirmative are : Messrs. Adams, Bagley, Beam, Bell, Ben-y, Boyden, Brad- ley, Brown, Bryan, Burgin, Buxton, Caldwell of Burke, Caldwell of Guilford, Conigland, Dick, Dickey, Ellis, Forkner, Garland, Garrett, Godwin, Harris of Guilford, Harris of Rutherford, Harrison, Haynes, Jackson, Jones of Davidson, Jones of Henderson, Jones of Rowan, Joyce, Joyner, King, Lash, Logan, Love of Chatham, Love of Jackson, McCauley, Nat. McLean, McRae, Mebane, Moore of Chatham, Murphy, Norfleet, Odom, Patterson, Pearsall, Perkins, Richardson, Russell, Rush, Smith of Johnston, Smith of "Wilkes, Spencer of Hyde, Spencer of Montgomery, "Walkup, "Winburne- — 58. Those who voted in the negative are : Messrs. Alexander, Allen, Baines, Baker, BaiTOW, Bingham, Brickell, Brooks, Bynum, Dockery, Eaton, Fairclotli, Eerebee, Eurches, Gahagan, Gilliam, Grissom, Henry, Hodge, Jarvis, Johnston, McCorkle, McKay of Harnett, McDonald of Chat- ham, McDonald of Moore, McGehee, Mclver, N. A. McLean, McLaughlin, Moore of "Wake, Polk, Pool, Rumley, Satter- thwaite. Settle, Simmons, Sloan, Smith of Anson, Starbuck, Stephenson, Stewart, Swan, Thompson, Ward, "Warren, "Willey, "Wilson, "Winston — 48. The reading of article 1 was then resumed, the 13th section having been read, 42 CONVENTIOISr JOUENAL. [Session Mr. Caldwell, of Burke, moved to amend by strikiBg out of tlie section tlie words " ought to " and inserting the word " shall," and it was adopted. Mr. Bynum moved to amend the 7th section by inserting, after the word " testimony," the words " and shall be entitled to counsel for his defense," and it was adopted. Mr. McDonald, of Moore, moved to take up the special order, which had been postponed, and it was not agreed to. On motion of Mr. Eaton, leave of absence was granted to Mr. Joyner until Monday next. The consideration of the Constitution was then resumed. Section 14th was read : Mr. Phillips moved to amend by inserting "shall" for " ought to," and it was adopted. To section 15, Mr. Phillips proposed the same amendment, and it was adopted. And to section 16, the same amendment was adopted. In section 17, "shall" for " should." Section 22, " shall " tor " ought to." Section 23 and 24, the same amendment. Mr. Moore, of Wake, moved to reconsider the several votes by which the Convention adopted the amendments to the several sections of article 1, substituting " shall " for " ought to " and " should," and the motion prevailed. He then moved to strike out, wherever it has been inserted, the word " shall " and insert the words at first stricken out. Mr. Harrison asked the yeas and nays, and they were not orderd. The question was then put on the motion of Mr. Moore, and it was agreed to. Mr. Richardson offered the following amendment to the 25th section, as a substitute for the same : " Slavery and involuntary servitude, otherwise than for crimes, whereof the parties shall be [convicted] are hereby forever prohibited within the State." And it was not adopted, Mr. Jones, of Davidson, introduced the following as a sep- arate section, to come in between section 25 and 26 : 1866.] CONVENTION JOUENAL. 43 " That all Conventions and Legislatures shall sit with open doors, and their proceedings published without delay." Which being read, was, by consent, withdrawn. Mr. Phillips moved that the further consideration of the Constitution be postponed until after the morning business on Monday next, and the motion prevailed. Then, on motion of Mi-. McEae, The Convention adjourned to 10 o'clock to-morrow morn- ing. SATUKDAY, June 2nd, 1866. The Convention was called to order by the President, pur- suant to adjournment. Prayer by Kev. H. T. Hudson of the M. E. Church. ' The journal of yesterday was read and approved. Mr. Wright, from the Committee of Finance, to whom was referred (125) An Ordinance to amend the Charter of the Governor's Creek Transportation and Mining Company, re- ported back the same, and recommended its passage, with the following amendment, as an additional section ; " Be it further ordained, That this ordinance shall not take effect until said corporation shall comply with the provisions of section first and second, under schedule C, of the Act of the General Assembly, entitled " Eevenue," ratified March 12th, 1866." The Committee on enrollments reported, as correctly en- rolled : " A Eesolution to print additional copies of an abstract of the Census of 1860 ;" and the same was ratified in open Convention. Mr. Caldwell, of Guilford, for the Finance Committee, re- ported back (148) A Eesolution to pay the Commissioners ap- pointed to report to the General Assembly on the subject of Freedmen, which had been referred to that Committee, and recommended its passage, with an amendment to pay two hundred and fifty dollars to each of the Commissioners. 44 CONVENTIOl^ JOUENAL. [Session Mr. Brooks introduced (148) An Ordinance concerning widows who have qualified as executrix to the last wills and testaments of their husbands, which passed the first reading. Mr. Moore, of Wake, from the Committee to revise the Constitution, to whom was referred (147) An Ordinance pro- viding for the election of a Lieutenant-Governor, reported back the same, with a substitute, and recommended its passage. Mr. Satterthwaite introduced (179) A Eesolution allowing compensation to the Principal Secretary to the Convention, which passed the iirst reading. Mr. Caldwell, of Guilford, moved to take up (89) An Ordi- nance to scale the public debt of North-Carolina, and the motion prevailed. He then asked to be allowed to withdraw the same from the calendar, and leave M'as granted. Mr. Faircloth introduced (180) A Eesolution directing the Secretary of State to have the necessary binding for this Convention done at the Deaf and Dumb and the Blind Insti- tute, which passed the first readi'ng. He then moved to suspend the rule and put the resolution upon its passage. The motion was agreed to, and the resolu- tion was adopted and ordered to be enrolled. On motion of Mr. McKay, of Harnett, the ordinance (162) to pay the Provisional Judges of Courts of Oyer and Termi- ner, which was reported on yesterday unfavorably by the Finance Committee, was recommitted to the same committee. BUSINESS ON THE CALENDAR, (63) An Ordinance in relation to the debts of the State hereafter to be contracted, was read, and On motion of Mr. Moore, of "Wake, postponed to come up in order, in the consideration of the Constitution. Mr. Moore, of Wake, introduced (181) An Ordinance to amend the Charters of the Union Mining Company of the county of Eowan, and the Eudicil Gold Mining Company, in 1866.] CONVEITTIOK JOURNAL. 45 the county of Mecklenburg, passed at the late session of the Getieral Assembly, which passed the first reading. He then moved to suspend the rule and put the Ordinance on its second and third readings at this time, and the motion prevailed. The ordinance was then read the second time. Mr. Wright moved to amend as follows : "Provided^ That this ordinance shall not take effect until the said corporations shall comply with the provisions of sec- tions first and second, under schedule C, of the Act of the General Assembly, entitled " Eeveniie," ratified March 12th, 1866." Mr. Brown moved to lay the whole subject on the table. Not agreed to — yeas 32, nays 36. The amendment of Mr. "Wright was then adopted. Mr. McRae moved to refer the ordinance to the Committee of Finance, and the motion did not prevail. The ordinance, as amended, then passed the second and third readings, and was ordered to be enrolled. Mr. Harrison introduced (182) A Resolution in relation to privies and water closets, which was read and adopted, and ordered to be enrolled. On motion of Mr. McDonald, of Moore, (132) Resolutions declaring what has been done, and appointing a Committee to inquire what is necessary to be done to restore the State to the Federal Union, was taken up for considera,tion. He moved to amend the same by striking out of the fourth resolution " five " and inserting " seven," and the amendment was adopted. Also, to amend the last resolution by striking out the words " Speakers of the Senate and House of Representatives," and inserting " President of the Senate and Speaker of the House of Representatives." Mr. Richardson moved to lay the whole subject on the table. On this motion Mr. Harris, of Rutherford, asked the yeas and nays, which were ordered, and resulted j^eas 20, nays '71. Those who voted in the affirmative are : Messfs. Brickell, Clark, Oonigland, Faircloth, Ferebec, 46 COlSrVENTIOlST JOIJElSrAL. [Session Furches, Love of Jackson, Mebane, ISTorfleet, Pearsall, Perkins, Person, Eichardson, Eussell, Spencer of Hyde, Walkup, "Winston, "Winbume, WrigM — 20. Those -who voted in tlie negative are : Messrs. Alexander, Allen, Bagley, Baines, Baker, BaiTow, Bell, Bingham, Boyden, Brown, Brooks, Bryan, Burgin, Buxton, Bynum, Caldwell of Burke, Dicl?, Dickey, Dookery, Ellis, Forkner, Gahagan, Garland, Garrett, Godwin, Grissom, Harris of Guilford, Harris of Eutherford, Harrison, Haynes, Henry, Hodge, Jackson, Johnston, Jones of Davidson, Jones of Henderson, Jones of Eowan, Joyce, King, Lash, Logan, Love of Chatham, McCauley, McCoi-kle, McKay of Harnett, McDonald of Moore, Mclvor, E". A. McLean, Nat. McLean, McLaughlin, McRae, Moore ot Chatham, Patterson, Polk, Euinley, Eush, Satterthwaite, Settle, Sloan, Smith of Anson, Smith of Wilkes, Spencer of Montgomery, Starbuck, Stephen- son, Stewart, Swan, Thompson, Ward, Warren, Willey, Wil- son — 71. Mr. Polk moved to refer the resolutions to a Select Com- mittee of seven, and it was not agreed to. Mr. Jones, of Eowan, moved to reconsider the last motion, and the motion prevailed. The motion of Mr. Polk was then adopted, and the' Presi- dent appointed Messrs. McDonald of Moore, Polk, ISl. A. Mc- Lean, Boyden, McGehe^., Buxton and Thompson. On motion of Mr. JonesJ of Davidson, leave of absence was granted Mr. Adams until Monday morning next. Then, on motion of Mr. Ferebee, at 2 o'clock, the Conven- tion adjourned to 10 o'clock Monda*' morning. MONDAY, June 4x11, 1866. The President called the Convention to order, pursuant to adjournment. Prayer by Eev. J. M. Atkinson, of the Presbyt'' ian Church. The journal of Saturday was read and approved. The Committee on enrolments reported as correctly enrolled 1866.] CONVENTION JOUENAL. 47 the following Oi'dinance and resolutions, wliicli were duly ratified in open Convention : An Ordinance to amend the Charters of the Union Mining Company in the county of Eowan, and the Eudicil Mining Company of the county of Mecklenburg, passed at the late session of the General Assembly. A Eesolution directing the Secretary of State to have the necessary binding of this Convention done at the Deaf and Dumb and Blind Institute. A Eesolution in relation to privies and water closets. On motion of Mr. Moore, of Wake, the substitute reported by the Committee for (132) An Ordinance providing for the election of a Lieutenant-Governor, was taken up and ordered to be printed. Mr. Ward introduced (183) An Ordinance to incorporate the North-Carolina Petroleum and Mining Company, which passed the first reading, and on his motion was referred to a committee of five, to be styled " The Committee on Corpora- tions ;" which Committee is made a standing committee of the Convention. The President appointed Messrs. Ward, McKay of Harnett, Willey, McLaughlin and Eichardson, to constitute said com- mittee. Mr. Caldwell, of Guilford, introduced (184) An Ordinance for exchanging the stock of the State for bonds issued before the year 1861 ; which passed the first reading, and was ordered to be printed. By Mr. McEae, (185) ,An Ordinance to give additional power to the Fayetteville and Florence Eailroad Company ; which passed the first reading and was referred to the Com- mittee on a Circulating Medium. On motion of Mr. Smith, of Wilkes, (170) An Ordinance to provide for the passage of fish through the unnavigable rivers of the State, was taken up and ordered to be printed. Mr. Grissom introduced (187) as follows : Mesohjed, That from and after to-day, this Convention hold evening sessions, commencing at 4J o'clock, which was read. 48, CONVENTION JOUENAL. [Session He proposed to suspend the rules and consider the resolu- tion at this time, and it was not agreed to. Mr. "Wright, from the Finance Committee, to whom was referred the memorial of Thomas D. Fleury, asking to be released from the payment of pedlar's tax, reported (136) An Ordinance for the relief of Thomas D. Fleury, which passed the first reading. Mr. Pearsall moved that the rules be suspended in order that he might make a motion to lay the ordinance on the table ; and it was not agreed to. UNFINISHED BUSINESS. The unfinished business on the Calendar, under considera- tion at the hour of adjournment on Friday last, and which was postponed to this morning, being (136) the Constitution and amendments thereto, was then taken up and' the second reading continued. Mr. Phillips ofiered the following as section 27 to article 1 : " 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 be ad- ministered without sale, denial or delay ;" and it was adopted. And the following as section 28 of the same article : " 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 ;" and it was adopted. Mr. Phillips then moved to strike out section 26 of article I, but withdrew the motion. ARTICLE II, LEGISLATIVE DEPARTMENT. Sections 1 to 13 inclusive were passed over informally. Mr. Moore, of Wake, moved to amend the article by adding an additional section to come in after 13, as follows : ' " The style of the laws and acts shall be : " Be it enacted by the General Assembly of North-Carolina as follows :" and it was adopted. 1866.] CONVENTION JOUENAL. 49 Also, as section 15 to the same article, as follows: " Eacli member of the General Assembly, before taking his gfeat, shall take an oath or affirmation that he is constitution- ally qualified to take his sealt." Mr. Buxton moved to amend the amendment by adding the words "'to the 'best of his -knowledge and belief]" and it was agreed to. As thus amended the amendment was adopted — yeas 88, nays 11, the yeas and nays being ordered, on motion of Mr. Logan. Those who voted in the affirmative are : Messrs. Alexander, Bagley, Baines, Baker, Barrow, Beam, Bell, Berry, Boyden, Bradley, Brickell, Burgin, Buxton, Oaldwell of Gnilford, Clark, Conigland, Cowper, Dick, Dickey, Eaton, Forkner, Eurches, Gahagan, Gai'land,'Garrett, Gilliam, "Godwin, Harris of Guilford, Harrison, Haynes, Henry, Hodge, Jackson, Johnston, Jones of Davidson, J"ones of Henderson, Jones of Kowan, Joyce, King, Lash, Love of Chatham, Love •of Jackson, McCauley, McCorMe, McKay of Harnett, McDonald of Chatham, McDonald of Moore, McGehee, Mclvor, N. A. McLean, Nat. McLean, McLaughlin, McEae, Mebane, Moore of Chatham, Moore of Wake, Murphy, Norfleet, Patterson, Pearsall, Perkins, Phillips, Polk, Eich- ardson, Eumley, Eussell, Eush, Settle, Simmons, Smith of Anson, Smith of Johnston, Smith of Wilkes, Spencer of Hyde, Spencer of Montgomery, Starbuck, Stephenson, Stewart, Swan, Thompson, Walkup, Ward, Warren, Willey, Williams, Wilson, Winbume, Winston, Wright — 88. Those who voted in the negative are; Messrs. Allen, Bingham, Brown, Bryan, Ellis, Foy, Grissom, Harris of Eutherford, Logan, Lyon, Person — 11. "Sections 16 to 22 inclusive passed the second reading. Section 23 was read. Mr. Smith, of Johnston, moved to amend by striking out, after the word " house," the words, " by one-fifth of the mem- bers present ;" and it was not agreed to. The section then passed the second reading, and section 24 was read. 4 50 CONVENTION JOUKNAI, [Session Mr. Grissom moved to amend by inserting, after tlie word "Treasm-er," the word "Comptroller;" on which he asked the yeas and nays, and they were not ordered. The amendment was then rejected. Mr. Phillips moved to amend by striking out the words^ " and OouncLllors of State ;" and it was adopted— yeas 47^ nays 35. On motion of Mr. Moore, of Wake', the vote by which sec- tion 19 of this article passed the second reading, was recon- sidered. Mr. Ferebee then moved to amend the same by striking out the words " before the meeting of the General Assembly," and insert the words " whenever the General Assembly is not in session ;" and it was adopted. ' _ Mr. EatoHy to amend by adding, after tl,e word " writSj''' in the same section, the words " of election ;?' and it was adopted. The section, as amended, then passed the second reading, AETICLE III, EXECUTIVE DEPAETMENT, In this article, section 2nd being read, Mr. Furches moved to strike oitt the words "or above," and , insert the words " at least ;" and it was agreed to, Mr. Logan moved to amend by striking out " five " and inserting in lieu thereof the words " ten years immediately previous to. his election ;" On which he asked the yeas and nays ; which being ordered, the amendment was not adopted — -yeas 33, nays 62. Those who voted in the affirmative are : Messrs. Alexander, Bagley, Bingham, Caldwell of Guilford, Cowper, Dickey, Dockery, Ferebee, Garland, Garrett, Harris of Rutherford, Haynes, Henry, Johnston, Jones of Davidson^ Logan, Love of Chatham, Lyon, McCauley, McCorkle, Mc- Donald of Moore,. Melvor, Nat. McLean, McEae, Moore of Chatham, Murphy, Person, Simmons, Smith of Johnston, Stewart, Swan, Willey, "Winburne — 33. Those who voted in the negative are : 1866.] CONTENTION JOUENAL. 51 Messrs. Allen, Baines, Baker, Bell, Berry, Boyden, Brickell, Brown, Bryan, Bui-gin, Buxton, Clark, Conigland, Dick, Eaton, Ellis, Forkner, Foy, Furches, Gahagan, Gilliam, Godwin, Grissom, Harris of Guilford, Harrison, Hodge, Jackson, Jones of Henderson, Jones of Kowan, Joyce, King, Lash, Love of Jackson, McKay of Harnett, McDonald of Chatham, McGehee, N. A. McLean, McLaughlin, Moore of "Wake, Norfleet, Pat- terson, Pearsall, Perkins, Polk, Kichardson, Bumley, Kussell, Eush, Settle, Smith of Anson, Smith of Wilkes, Spencer of Hyde, Spencer of Montgomery, Starbuck, Stevenson, Thomp- son, Walkup, "Ward, "Warren, "Williams, "Wilson, "Winston — 62. Mr. Logan then moved to strike out " five " and insert " ten ;" and it was not agreed, Mr. Moore, of "Wake, by consent, introduced (188) A Sub- stitute for article 4, except sections 3 and 4, of the Constitu- tion, as adopted by the Committee to revise the Constitution ; which passed the first reading, referred to the Committee to revise the Constitution, and ordered to be printed. The unfinished business was then resumed. On motion of Mr. Moore, of Wake, sections 1 to 8 inclusive of the article under consideration was informally passed over.. Also, AETICLE TV, JCDICIAKT, was informally passed over. AKTICLE V, DISQUALIFICATIONS FOE OFFICE. Section 1 was read. Mr. Moore, of Wake, moved to amend by striking out of the second line the word " or " and inserting the word " and," and it was adopted, and the section, as amended, passed the second reading. Sections 2 to 6 inclusive were read and passed the second reading. Article YI, Impeachments, was read by sections and passed the second reading. 52 CONVENTION JOURNAL. [Session Article YII was read by sections and passed the second reading. Article VIII was read. Mr. Caldwell, of Guilford, moved to strike out all after the word " laws," in the 11th line ; and, on this motion, asked the yeas' and nays. On motion of Mr. Moore, of "Wake, this article was passed over informally for the present. Mr. Jones, of Rowan, moved to take up for considerati<3n (176) An Ordinance to provide better government for the Insane Asylum ; and it was not agreed to— yeas 35, nays 42. Then, on motion of Mr. Moore, of "Wake, the, Convention adjourned to 10 o'clock to-morrow morning. TUESDAY, JtJNE 5th, 1866. The Pi-esident called the Convention to order, purstian^ to adjoiirnmentj The journal or yesterday was read and approved. Mr. Ferebee introduced (189) A Resolution as follows : " BesoVoed, That a Committee of five be appointed hj the Chair to inquire whether the objects for which this Convention was called have not been accomplished, and that they report a resolution fixing a time for the adjournment of the same." Which was read and lies over under the rule. Mr. Jones, of Rowan, introduced (190) An Ordinance re^ straining the taking of excessive usury ; which passed the first reading. By Mr. Walkup, (191) An Ordinance extending the time for perfecting titles to land sold for taxes ; which passed the first reading. By Mr. G-rissom, (192) An Ordinance concerning w:ill&; which passed the first reading. Mr. Grissom moved to take up (130) An Ordinance to amenf Wilkes^ Starbuck, Stewart^ Thompson, Walkup, Winburne, Wright — 50. Those who> voted in the n^ative are r Messrs. ^Alexander, Bagley, Bairies, Barrow, Beam, Bell,, Berry, Bingham, Boyden, Brickell, Brown, Caldwell of Burke,, Conigland, Cowper, Eaton, Faircloth, Foy, Furches, Gabagan,, Godwin, Grissom, Harrison, Henry, Jones of Eowan, Manly,. McKay ot Harnett, McGebee, Melvor, N. A. McLeani, Nat^ McLean, McLaughlin, McE'ae, Mebane, Moore of Wake^ Odom, Patterson, Pearsall, Person, Phillips, Eumley, Eussell^ Eush, Satterthwaite, Simmons, Smith of Anson, Smiith of Johnston, Spencer of Hyde, Spencer of Montgomery, Swan, Stephenson, Ward, Willey, Wilson, Winston— 55. The section then passed the second reading. Mr. Dick offered the following as an amendment to section 3: "In line 2, strike out all after the word 'elected,' and insert ''by the people for a term of eight years, in such man- ner as the Legislature may direct.' " Mr. Winston moved to postpone the whole subject until to- morrow morning 10| o'clock, and the motion did not prevail. 1866.] CONVENTION JOUENAL. Y3 The question recurred on the amendment of Mr. Dick, and it was not adopted — yeas 36, nays 58; the yeas and nays being ordered, on motion of Mr. Pearsall. Tliose who voted in the affirmative are : Messrs. Adams, Baker, Bradley, Brown, Bryan, Caldwell of Guilford, Dick, Dickey, Ellis, Forkner, Foy, Gahagan, Garland, Garrett, Harris of Guilford, Hams of Rutherford, Haynes, Henry, Hodge, Jackson, Jones of Davidson, Jones of Henderson, Joyce, Joyner, Logan, Lyon, McCauley, McKay of Harnett, McDonald of Chatham, Nat. McLean, Person, Settle, Smith of Wilkes, Stewart, Swan, Ward— 36. Those who voted in the negative are : Messrs. Alexander, Bagley, Baines, Barrow, Bell, Berry, Boyden, Brickell, Brooks, Burgin, Caldwell of Burke, Conig- land, Cowper, Eaton, Ferebee, Furches, Godwin, Harrison, Jarvis, Jones of Bo wan. King, Lash, Love of Jackson, Manly, McCorkle, McKoyof Sampson, McDonald of Moore, McGehee, Mclvor, N. A. McLean, McLaughlin, McEae, Mebane, Moore of Wake, NorHeet, Odom, Patterson, Pearsall, Perkins, Phil- lips, Polk, Eichardson, Eussell, Eush, Satterthwaite, Simmons, Smith of Anson, Smith of Johnston, Spencer of Hyde, Spencer of Montgomery, Starbuck, Stephenson, Thompson, Walkup, Willey, Williams, Wilson, Winburne, Winston — 68. Sections 5 and 6 were read and passed. ' Mr. Mclvor offered the following to come in after section 6, as a separate section ; " The number of Justices of the Peace shall not exceed three in any captain's district within the counties of this State, except the districts containing the court houses ; in these the number shall not exceed five." Mr. Ellis offered, as a substitute, (158) An Ordinance to elect Magistrates and to limit the number of the same, re- ported by the Committee on Magistrates, but afterward with- drew it. Whereupon Mr. Furches offered as a substitiite for the sec- tion proposed by Mr. Mclvor, (197) An Ordinance providing for the appointment of Justices of the Peace, introduced by him on yesterday. 74 GOISrVENTION JOUENAL. [Session Mr. Grissom offered the following as an amendment to the section proposed by Mr. Mclvor, in order to perfect the same, before putting the question to strike it out to insert the sub- stitute ofiered by Mr. Furches: " at the end of the section add, and Justices of the Peace shall be elected by the qualified voters for the members of the General Assembly at such time and in such manner and for such term of office as the General Assembly shall prescribe, and the terms of office of the pre- sent incumbents of the office of Justice of the Peace shall expire at such time as the General Assembly shall appoint for the election of their successors." Mr. Foy moved an amendment to the amendment as follows : " The Justices of the Peace in and for the several counties of this State shall, in the future, be elected by the people." Mr. N. A. McLean moved to postpone the farther consid- eration of this subject until Monday next, 11 o'clock, a. m., and the motion did not prevail. The question then recurred on the amendment of Mr. Foy, and it was not adopted. Mr. Smith, of "Wilkes, then moved an amendment to the amendment of Mr. Grissom, as follows : " There shall not be more than one Justice of the Peace for every three hundred and fifty inhabitants in each county, and they shall hold their office for the term of four years, and be elected by the people in their respective districts imder rules and regulations to be prescribed by the General As- sembly." And it was not adopted. Mr. Mclvor then offered an amendment to the amendment of Mr. Grissom, (158) An Ordinance to elect Magistrates and to limit the number of the same, which had been withdrawn by Mr. Ellis. Mr. Grissom, by consent, accepted this amendment in lieu of his own, which was withdrawn. Mr. Wilson asked a division of the question, so as to take the sense of the Convention, first on limiting the number of Justices of the Peace, and then on the manner of their ap- pointment. 1866.] CONTENTION JOUENAL. , 75 Mr. Jones, of Eowan, moved to refer the subject under condsideration to a select committee of five, and tlie motion did not prevail — ^yeas 38, nays 49. The hour of three having arrived, the President declared the Convention adjourned to 9 o'clock to-morrow morning. SATUKDAY, June 9th, 1866. The President called the Convention to order, pursuant to adjournment. \ Prayer by Eev. H. T. Hudson, of the M. E. Church. The journal of yesterday was read and approved. The committee on enrolments reported as correctly enrolled the following ordinances, which were ratified in open Conven- tion : An Ordinance repealing the provisos of section 9 of an act of the General Assembly, entitled " an act concerning negroes and persons of color, or of mixed blood, and for other pur- poses," and An Ordinance to iacorporate the North-Carolina Petroleum and -Mining Company." Messrs. Starbuck and Faircloth were appointed to constitute the Committee on Enrolments in place of Messrs. McKae and Furches, relieved at their own request. Mr. Logan, for the Committee on a Circulating Medimn, reported (202) An Ordinance for the relief of the people of the State hj creating a Circulating Medium, which passed the first reading. Mr. Faircloth presented the petition of Mrs. Jane F. Havens, asking to be divorced from her husband, which was referred to a select committee of three, on his motion. On which the President appointed Messrs. Faircloth, Bag- ley and AUen. Mr. Boyden presented the petition of the Superintendent and other officers and employees of the North-Carolina Eail- road Company, praying the restriction on retailing establish- 76 CONVENTION JOUENAL. [Session ments near the Company's Shops, which was read, and, on motion, referred to a select committee of three. The President appointed Messrs. Boyden, Mebane and Berry to constitute the committee. Mr. Logan moved that article 2 of the Constitution be made the special order of the day for Monday next at 10 o'clock, and it was agreed to. Mr. Baker introduced (203) A Eesolution as follows : " Resolved, That it is the sense of this Convention that the good people of North-Carolina desire to exercise the right of electing the Justices of the Peace in their respective counties." Which being read, He moved that the rule be suspended in order that the resolution may be considered at this time. On this motion he asked the yeas and nays, and the same being ordered, resulted — yeas 54, nays 48, two-thirds not vot- ing to suspend. Those who voted in the affirmative are : Messrs. Adams, Alexander, Baker, Beam, Bell, Bradley, Bryan, Burgin, Caldwell of Burke, Caldwell of Guilford, Dick, Dickey, Ellis, Forkner, Poy, Gahagan, Garland, Garrett, Grissom, Harris of Guilford, Harris of Eutherford, Harrison, Haynes, Henry, Jackson, Jones of Davidson, Jones of Henderson, Joyce, King, Lash, Logan, Love of Chatham, Love of Jackson, Lyon, McCauley, McCorkle, McDon^ild of Chatham, McDonald of Moore, N. A. McLean, Nat. McLean, McLaughlin, Person, Eichardson, Eush, Settle, Sloan, Smith of Johnston, Smith of Wilkes, Spenea* of Montgomery, Starbuck, Stephenson, Stewart, Swan, Ward — 54. Those who voted in the negative are : * Messrs. Allen, Bagley, Baines, Barrow, Berry, Boyden, Brickell, Brooks, Buxton, Bynum, Conigland, Cowper, Dock- ery, Eaton, Faircloth, Eerebee, Furches, Gilliam, Godwin, Jarvis, Jones of "Eowan, Joyner, Manly, McKoy of Sampson, McGehee, Mclvor, McKae, Mebane, Moore of Wake, Murphy, Norfleet, Odoni, Patterson, Pearsall, Perkins, Polk, Eussell Satterthwaite, Simmons, Smith of Anson, Spencer of Hyde, 1866.] CONVENTION JOUENAL. 77 "Walkup, Warren, Willey, "Williams, Wilson, Winbume, Winston, Wright— 48. Mr. Bichardson introduced (204) An Ordinance to legalize certain acts of the County Court of Bladen, which passed the first reading, and was, on motion, referred to the Committee of Finance. Mr. Foy introduced (206) An Ordinance to limit the juris- diction of Justices of the Peace, the County, Superior and Supreme Com-ts of the State, which passed the first reading, and was, on motion, referred to the Committee on the Stay Law. Mr. Ferebee moved to take up for consideration (140) An Ordinance to establish Courts of authentication and record, and it was agreed to. The ordinance was read the second time, and, on motion, referred to the Committee of Finance. Mr. Walkup moved to take up (191) An Ordinance to ex- tend the time for perfecting titles to land sold for taxes. The motion prevailed ; the ordinance was read the second time, and, on motion, referred to the Committee of Finance. Mr. Mebane moved to take up (198) A Resolution to adjourn svne die, and the motion prevailed — yeas 47, nays 42. The resolution being read, Mr. Mebane moved to amend by substituting Thursday (14th) for Tuesday (12th.) Mr. Love, of Jackson, moved an amendment to the amend- ment, as follows : " That this Convention will not adjourn until the basis of representation in the Senate and House of Commons is fixed by Constitutional amendment." Mr. Caldwell, of Burke, moved to refer the whole subject to a select committee of five, and the motion prevailed. The President appointed Messrs, Mebane, Caldwell of Burke, Love of Jackson, Odom and Eumley. Mr, Caldwell, of Guilford, moved to take up for considera- tion (184) An Ordinance for exchanging the stocks of the State for bonds issued before the year 1861, and the motion pre- vailed. 78 CONVENTlOl^ JOURNAL. [Session The ordinance was read the second time.^ Mr. Nat. McLean moved to postpone indefinitely, and it was not agreed to. Then, on motion of Mr. Moore, of Wake, the ordinance wa8 referred to the Committee of Finance. Mr. Grissom moved to take up^nd consider (200) An Ordi- nance to amend the Stay Law, and the motion prevailed. The ordinance was read the second time. Mr. McLaughlin moved to amend as follows ; " That the act passed by the General Assembly, entitled ' An Act to change the jurisdiction of the Courts, and the rules of pleading therein,' chapter 16, and ratified on the 10th day of March, 1866, be and the same is hereby repealed, and the law, as it stood on the first day of May, 1 860, is here- by declared to be in full force and effect." Mr. Winston moved to postpone the ordinance and amend- ment, and make them the special order for Monday next at 10 o'clock, a. m., and the motion was agreed to. The following ordinances on the calendar were taken up on the third reading, passed and were ordered to be enrolled. (144) An Ordinance to incorporate the Oceanic Hook and Ladder Company of Beaufort, N. C, and (149) An Ordinance in relation to an act of the General Assembly, entitled "Eevenue." Mr. Forkner moved to take up (14f) An Ordinance to se- cure the rights of citizens of North-Carolina in the navigable rivers of the State, and it was agreed to. The substitute recommended by the Select Committee of five, was read the second time, Mr. Winston moved to recommit to a Select Committee of five; adopted. The President appointed Messrs. Ferebee, Dockery, Moore of Chatham, Forkner and Barrow. Mr. Forkner then moved to take up for consideration (170) An Ordinance providing for the passage of fish through the unnavigable rivers of the State ; and the motion prevailed. The ordinance was read the second time. Mr. Dickey moved to amend as follows : 1866,] CONVENTION JOURNAL, 79 " Sec. 2. Be it further ordained, That if any person or persons shall destroy by fire-arms the mountain fish, known as the spotted brook trout, (Salmon fontinalis,) from the fall moon in October to the full moon in November, the usual period of spawning of said fish, he shall forfeit and pay the sum of five dollars ($5) for every fish destroyed in this way at this time, by fire-arms, which tax shall be applied to free school pui-poses." On motion, the ordinance and amendment were referred to the Select Committee of five on ordinance 147. Mr. Harrison, for the select committee on the subject, re- ported (206) A Resolution on lighting the Capitol with gas; which passed the first reading. Mr. Jones, of Davidson, moved to take up for consideration (164) An Ordinance to amend an act of the General Assembly, entitled " Salaries and Fees," and the motion prevailed. The Ordinance was read the second time. Mr. McEae moved to amend as follows : " In line 10, after the word ' equity,' insert the word ' Sheriff.' " Mr. Walkup, to amend by inserting after the word " wit- ness," in section 1, the words " County and State Solicitors." Mr. Satterthwaite moved the indefinite postponement of the Qrdinance ; and on this question he asked the yeas and nays, which being ordered, resulted — ^yeas 73, nays 28. Those who voted in the affirmative are : Messrs. Alexander, Allen, Bagley, Baines, Barrow, Beam, Bell, Berry, Boyden, Bradley, Brickell, Brooks, Bryan, Burgin, Buxton, Bynum, Cowper, Dockery, Eaton, Eerebee, Foy, Gahagan, Garland, GiU^m, Godwin, Harris of Rutherford, Haynes, Hodge, Jarvis, Joyce, Joyner, King, Lash, Love of Chatham, Lyon, Manly, McCauley, McCorkle, McKoy of Sampson, McDonald of Moore, McGehee, Mclvor, N. A. McLean, Nat. McLean, McLaughlin, Mebane, Moore of "Wake, Murphy, Norfleet, Odom, Patterson, Pearsall, Perkins, Person, Polk, Pool, Eumley, Russell, Satterthwaite, Simmons, Sloan, Smith of Wilkes, Spencer of Hyde, Spencer of Montgomery, 80 CONVENTION JOURNAL. , [Session Stephenson, Swan, Thompson, "Ward, "Warren, "Willey, Win- Bton, "Wright— 73. Those who voted in the negative are : Messrs. Adams, Baker, Bingham, Caldwell of Burke, Cald- well of Guilford, Dickey, Ellis, Forkner, Furches, Garrett, Grissom, Harris ot Guilford, Henry, Jackson, Jones of David- son, Jones of Henderson, Logan, Love of Jackson, McDonald of Chatham, McRae, Richardson, Rush, Smith of Anson, Smith of Johnston, Starbuck, "Walkup, "Wilson, "Winbume— 38. The hour having arrived, the Convention proceeded to the consideration of the special order, (136) the Constitution and- amendments thereto, the question being on the amendment of Mr. Mclvor to article 4, on the division of the amendments before the Convention, asked for by Mr. "Wilson. Mr. Mclvor, by consent, withdrew his amendment, which carried the amendnaent to the amendment with it. He then moved, as a separate section, to come in after sec- tion 6, (154) the ordinance reported by the majority of the Committee on Magistrates. Mr. Ellis moved to amend the amendment by substituting (158) the Ordinance reported by the minority of the Com- mittee on Magistrates. Pending the consideration of this amendment. The President of the Convention arose in his place and said : " That in view of the approaching term of the Supreme Court, of which he was a member, he thought it respectful to the Convention and due to himself, that he should place the Chair at the pleasure of the Convention, and to that end he tendered his resignation of the Presidency." He then retired from the Chair, after requesting Mr. Cald- well, of Burke, to occupy the same. Mr. Winston offered the following : " Eesolved, That it is the sense of this Convention that the presiding officer continue to hold his position until the de- berations of the Convention be brought to a conclusion, and that he designate from time to time the member or members who shall occupy the Chair during his absence. " ,] COKVENTION JOURNAL. 81 The resoluticm was adopted, and the President Tesumed the Clhair, and said that he yielded implicitly to what seemed to .^e the general wish of the Convention. The consideration of the special order was then resumed, and the question was stated on the substitute of Mr, Ellis for 4;he amendment of Mr. Mclvor., on which the yeas and nays were ordered, on motion of Mr. Ellis. Mr. "Winston moved that there be a call of the House before taking the vote, and the motion was not agreed to. The vote was then recorded — ^yeas 54, nays 41. Those who voted in the affirmative are : Messrs. Adams, Baker, Beam, Bell, Berry, Bradley, Bryan, Burgin, Caldwell of Burke, Caldwell of Guilford, Dick, Dickey, Ellis, Eorkner, Foy, Furches, Gahagan, Garland, Garrett, 'Godwin, Grissom, Harris of Guilford, Harris of sRutherford, JEarrison, Haynes, Henry, Howard, Jackson, Jones of David- son, Jones of Henderson, Joyce, King, Logan, L©ve of Chat- ham, Love of Jackson, Lyon, McCauley,McOorkl«, McDonald of Chatham, McDonald of Moore, !N". A. McLean, ISTat. McLean, Person, P'Ool, Kichardson, Bush, Sloan, Smith of Johnston, Smiti of Wilkes, Spencer of Montgomery, Starfeuck, Steven- son, Swan., Ward — 54. Those wiho voted in the negative are : Messrs. Alexander, Bagley, Baines, . Barrow-, Bingham, Brickell, Brooks, Buxton, Conigland, Cowper, Dockery, Eaton, Ferebee, Jarvis, Jones of Rowan, Joyner, Lasli, McK Baker moved to amend as follows : "In line 4, strike out the word ' one,' and insert 'five.'" On motion of Mr. Clark the question was divided, and the vote first taken on striking out, and decided in the negative. Mr. Caldwell, of Burke, moved to amend by adding at the 1866.] CONVfiNTION JOUElfAL. 129 end of the section the words " and shall annually pay the taxes tliereon ;" and it was not agreed to — yeas 29, nays 42. The section, as amended, was adopted. Section 10 was read. Mr. Moore, of Wake, moved to strike out of line 2, the words " native or naturalized," and it was agreed to. Mr. Pearsall moved to amend by striking out of line 6 the word "public." Mr. Moore, of Wake, to amend the amendment so as to make it read " such taxes as are due from him for two years next preceding the day of election," and it was not agreed to. The question was then put on the amendment of Mr. Pear- sall, and it was not adopted. Mr. Clark moved to strike out the words " and shall have paid public taxes," and the motion did not prevail. The section, as amended, was then adopted. Section 11 was read. Mr. Moore, of Wake, moved to strike out from line 2 the "words " native or naturalized," aiid it was agreed to. Mr. Gilliam moved to amend as follows : " Strike out of lines 4, 5 and 6 the words " and of the county in which he proposes to vote, for six months next before the day of election." And it was not adopted. The section, as amended, was then adopted. Section 12 was read. Mr. Moore, of Wake, oifered the following as a substitute as follows : " Every person having one-fourth or more of negro blood, shall be deemed a person of color." Mr. Manly moved to amend the amendment by striking out " one-foiirth," and inserting " one-sixteenth," and it was agreed to, and as thus amended the substitute was adopted. Mr. Satterthwaite introduced the following, as a separate section, and it was adopted : " No new county shall be formed and established unless there shall be within the proposed boundaries thereof, the 130 CONVEIiTIOW JOUENAL. [Session one-hundred and twentieth part of the entire population of the State, nor if the population of the county, or any of the counties from which it may be proposed to tbi-m and establish the same shall thereby be reduced below the one-hundred and twentieth part of the entire population of the State." Mr. Settle then moved to amend article 5, section 4, as follows : " Add at the end of line 6, the words " and no person who shall hold any oiBce or place of trust or profit in any incorp- orated bank or railroad company, shall be eligible to a seat in either House of the General Assembly." Pending the consideration of this amendment, the hour of three arrived, and the Convention adjourned to 9 o'clock to- morrow morning. WEDNESDAY, June 20th, 1866. The Convention was called to order by the President at 9 o'clock. The journal of yesterday was read and approved. Mr. Satterthwaite was called to the Chair by the Presi- dent. Mr. Ward, for the Committee on Corporations, made a re- port as follows : On (222) An Ordinance to amend the Charter of the Fair- field Canal Company, recommending that no action be taken on the subject, and asked to be discharged from its further consideration. Also, on (235) An Ordinance to incorporate the Wilmington Eailway Bridge Company, and recommended its passage. Mr. Wright moved to suspend the rules and put the ordin- ance on its second and third readings, and th-e motion pre- vailed. The ordinance was then read the second time. Mr. Buxton moved to amend by adding at the end of sec- tion 2 the following words : 1866.] COKVEKTION JOTJEKAL. 131 " Provided, That the requirements of section 32, chapter 101, Kevised Code, be complied with." And the amendment was adopted. As thus amended the ordinance passed the second and third readings, and was ordered to be enrolled. Mr. Grissom introduced the following, which was read and adopted under a suspension of the rules : " 1. Resolved, That the sessions of this Convention shall be from 9 o'clock, a. m., to 2 o'clock, p. m., and meet again at 4 o'clock, p. m. 2. Iiesoh}ed, further. That this resolution go into immediate effect." Mr. Wright, for the Committee of Finance, reported (343) An Ordinance to empower the Justices of the several counties to borrow money in certain cases, and for other purposes ; which passed the first reading and was ordered to be printed. The hour of 9J o'clock having arrived, The special order, (194) An Ordinance limiting the action of Eailroad Companies, was taken up on the second reading. Mr. Moore, of Wake, offered to amend as follows : " Add, at end of section 5, the words ' this ordinance shall be subject to Legislative control.' " And it was adopted. Mr. Allen moved to amend as follows : " Fill the blank in section 1 with ' $1,000,' in section 2 with ' $1,000,' and in section 3 with ' $1,000.' " And the amendments were adopted. Mr. Phillips moved to amend section 5 as follows : " This ordinance shall take effect from and after the 15th of July, 1866." Mr. Mclvor moved to lay the subject on the table; on which he asked the yeas and nays, and the same being ordered, resulted — y^s 48, nays 47. Those who voted in the affirmative are : Messrs. Adams, Alexander, Bagley, Eaker, Barrow, Berry, Bingham, Boyden, Bryan, BUrgin, Buxton, Caldwell of Burke, Dick, Dickey, Eaton, Ellis, Faircloth, Furches, Garland, Garrett, GilUam, Henry, King, Lash, McDonald of Moore, 132 CO]SrYE]SrTlO]Sr JOUElSrA'L. [Session McGehiee, Mclvbr, IST. A. McLean, Nat. McLea'n, McLaughlin,. Moore of Wake, Norfleet, Odom, Patterson, Phillips, Ensh, 'Satterthwaite, Sloan, Smith o# Anson, Smith of Wilkes, Star- tock, Stephenson, Walkup, Warren, Willey, Wilson, Winston,. Wright— 48. Those who voted in the neg'Jltive are : Messrs. Allen, Baines, Bradley, Brickell, Bynmn, Cald-well of Guilford, Clark, Cowper, Forkner, Perebee, Foy, Gahagan,- €rrissom, Harris of Eutherford, HarriBon, Haynes,. Hodge, Howard, Jackson, Jones of Davidson,' Jones of Henderson, Joyner, Logaii-, Love of Jackson, Lyon, Manly, McCauley,- McCorkle, McKoy of Sampson, McKay of Harnett, McEae^ Moore of Ctetham, Murphy, PeaTsall,- Perkins, Person, Polk, Eichardson, Eumley,- Settle, Smith of Johnston, Spencer of Hyde, Spencer of Montgomery, Stewart, Swan, Ward, Win- burne — 47. Mr. King then moved that' (159) An' Ordinanfce extending the time for Sheriffs and Tax ColleetorS to make settlement of taxes, be made the special order for to-m«rrow (21st) at 10 o'clock, a. m., and it was -agreed to. Mr. McEae, to make (215) An Ordinance changing the jurisdiction of the Courts and the rules of pleading therein, the special order for to-morrow at 9|- o'clock, a. m., and it was so ordered. The hour of 11 having arrived, the Constitution and amend- ments thereto was taken up ; the question being on the adop- tion of the amendment of Mr. Settle to section 4, of article 5. Mr. Bynum offered the following as a substitute for the amendment of Mr. Settle : " In line 4, between the words ' government ' and ' shall,' insert ' or who shall hold any office having a salary attached to it, in any corporation in which the State owns stock.' " Mr. Caldwell, of Burke, moved to amend tliis substitute by adding " also, any person who may be a stockholder in any corporation, if the value of the stock owned by him shall be one thousand dollars." And it was not adopted. 1866.] CONYlJNa^lON' irOtTRNAL. 133 The question was then put on the amendment 'of Mr. Bynum, and it was decided in the negative. The question recurred on the amendment offered by Mr. Settle. Mr. Caldwell offered to amend the same : " Add the words ' also any person who may be a sto<5]dioM«r in any corporation, if the value of the stock owned by him shall be one thousand dollars.' " And it was not adopted. The question again recurred on the amendment of Mr. Settle ; on which he asked the yeas and nays, and the same being ordered, resulted — yeas 32, nays 61. Those who voted in the affirmative are : Messrs. Allen, Baines, Baker, Bradley, Bryan, Bynum Caldwell of Guilford, Dick, Ellis, Forkner, Foy, Gahagan, Garrett, Harris of Eutherford, Harrison, Haynes, Hodo'e Jackson, Jones of Henderson, Logan, Love of Jackson, Lyon, McCorkle, McKoy of Sampson, McDonald of Moore, Moore of Chatham, Settle, Smith of Johnston, Smith of Wilkes, Swan Stewart, Ward— 32. Those who voted in the negative are : Messrs. Adams, Bagley, Barrow, Berry, Bingham, Boyden, Brickell, Burgin, Buxton, Caldwell of Burke, Clark, Cowper, Dickey, Eaton, Faircloth, Ferebee, Furches, Garland, Gilliam, Grissom, Henry, Howard, Jarvis, Jones of Davidson, Jones of Eowan, Joyner, King, Lash, Manly, McCauley, McKay of Harnett, McGehee, Mclvor, IST. A. McLean, Nat. McLean, McLaughlin, McRae, Moore of Wake, Murphy, Norfleet, Odom, Patterson, Perkins, Phillips, Polk, Richardson, Rush, Satterthwaite, Smith of Anson, Spencer of Hyde, Spencer of Montgomer}', Starbuck, Stephenson, Thompson, Walkup, Warren, Willey, Williams, Wilson, Winburne, Winston, Wright— 61. Mr. Moore, of Wake, moved to amend the section under consideration as follows : " In lines 2 and 3, strike out the words ' or any department thereof.'" And it was decided in the negative — yeas 30, nays 35. 134 CONVENTION JOUENAL. [Session Mr. Smith; of Johnston, moved to reconsider the vote last taken, and the motion did not prevail — yeas 2Y, nays 43, so the motion was lost, Mr. Moore, of Wake, then moved to amend the section as follows : " Strike ont of lines 2 and 3 the words ' or any department thereof,' and insert '.or any department of the United States, or of this State, or of any other State or Government." And it was adopted. ' Mr. McDonald, of Moore, moved to strike ont section 3 of article 5. Mr. Phillips raised the point of order, That this section has already been adopted on this reading, therefore any further action on it, on this reading, is out of order. The Chair sustained the point of order, and the motion was withdrawn. The Convention then considered the ordinance in regard to the debts of the State, hereafter to be contracted, proposed as an amendment to the Constitution, to come in as section 18, to article 2. Mr. Love, of Jackson, offered to amend as follows : " Provided, The restrictions of this section shall not extend to appropriations for carrying into effect laws now existing for building railroads." Mr. King moved to recommit the subject to the committee, and it was not agreed to. The question feCurred on the amendment proposed by Mr. Love ; on which he asked the yeas and nays, which being ordered, the amendment was lost — ^yeas 25, nays 63. Those who voted in the affirmative are : Messrs. Alexander, Bingham, Bradley, Bfyan-, Burgin, Bux- ton, Byntim, Caldwell of Burke, Ellis, Garland, Garrett, Harris of Rutherford, Harrison, Haynes, Henry, Jones of Henderson, Logan, LoVe of Jackson, McCorkle, McDonald of Moore, Patterson, Sloan, Smith of Wilkes, Stewart, Swan — 25. 1866.] CONTENTION JOUKNAL. 135 Those who voted in the negative are : Messrs. Adams, Allen, Bagley, Baines, Baker, Barrow, Berry, Boyden, Brickell, Caldwell of Guilfofd, Clark, Conig- land, Cowper, Dick, Eaton, Faircloth, Forkner, Furches, Gahagan, Gilliam, Grissom, Hodge, Howard, Jackson, Jarvis, Jones of Davidson, Joyner, King, Lash, Lyon, Manly, McCauley, McKoy of Sampson, McKay of Harnett, McGehee, Mclvor, N. A. McLean, Nat. McLean, McLaughlin, Moore of Chatham, Moore of Wake, Norfleet, Odom, Pearsall, Perkins, Person, Polk, Kichardson, Rush, Satterthwaite, Smith of Anson, Smith of Johnston, Stevenson, Thompson, Walkup, Ward, Warren, Willey, Wilson, Winburne, Winston— 63. Mr. Furches offered as a substitute for the proposed section the ordinance originally reported by the select committee, on which he asked the yeas and nays. The Chair annoimced a communication from His Excellency, the Governor, in regard to the scarcity of provisions in certain coimties of the State, which was read and referred to the Committee of Finance. The consideration of the amendment of Mr. Furches. The hour of two having nearly arrived, Mr. Satterthwaite moved that the time be extended to allow Mr. Eaton, who had the floor, to address the Convention on the subject under discussion, and it was agreed to. At the end of Mr. Eaton's remarks the President declared the Convention adjourned to 4 o'clock. AFTERNOON SESSION, June 20th, 1866. The Convention re-assembled at 4 o'clock. On motion of Mr. Harris, of Hutherford, the communica- tion of the Governor, read this morning, in regard to scarcity of provision in certain counties, was recalled from the Finance Committee, and referred to a Select Committee of Five. The Chair appointed Messrs. Harris of Rutherford, Patter- son, Boyden, Eaton and Burgin. The Chair announced a communication from the Public im CO]TO:NTION" JOIIENAL. [Sessioa Treasurer, in response to the resolution of inquiry adopted yesterday, which was read as. follows, and laid on the tabfe temporarily : STATE OF I^OETH-OAEOLINA, TEEASUET DEPAETMENT, Baleigh, June 20th, 1866.. Hon. E. G. Eeade, President of the Ccmvention : SiE — In response to the Eesolution of the Convention, ask- ing for information in regard to registered bonds, and internal improvement bonds, issued since May 20th, 1861, also conceiv- ing endorsement on bonds. I beg leave to report the accom- panying tables, embodying the information called for, with the following explanation of the same :. 1. EEGISTEEED STOCKS.. There asre two classes of obligations of the State usually called " Eegistered bonds." One class comprises what are- properly termed " certificates." They are without coupons attached ;, are payable to a person certain, whose name appears in the books of the Treasury, and are transferable only on the surrender of the certificate, and the issue of a new certificate to the purchaser. The interest is payable at the Treasury, and the holder of the certificate must receipt for the same, in person or by attorney. Table A exhibits a list of these certificates now outstanding- in all $163,000, of which $i3,000 is due, and showing such other information connected with them as the Convention has. desired me to furnish. Another class of "Eegistered bonds"' comprises those. Coupon bonds, which, under the provisions of Act of the General Assembly of 1856 and 1857, chapter 16, have been registered on the books of the Treasury, such registration being evidenced by the certificate of the Public Treasurer, written on the bond. After this registration, the bond is no longer negotiable by delivery, but its transfer must be bj 1S66.] CONTEN-TION JOUKFAL. 13T endorsement by the owner, witnessed by the Treasurer. This endorsement may be either to a person certain, or to bearer ; if to bearer, the bond becomes again negotiable by delivery. The amount of ante-war coupon bonds thus registered is $865,300, of wliich $14,000 are internal improvement bonds, issued during the war. mTEENAL rUPEOVEMENT E0m)S, ISSUED DUEING THE WAE. The terms of the resolution of enquiry addressed to me might seem to include all bonds for whatsoever purpose issued during the war. I am informed, however, that the object was merely to obtain information in regard to those issued to Eailroad Com- panies since May 20th, 1861, in pursuance of acts passed be- fore that time. I have accordingly given, in Table B, a list ,, of the latter bonds, with date of issue, &c. The aggregate is $1,620,000. From this should be deducted $430,000, which by act of General Assembly of 1865 and 1866, chapter 3, not having been sold by the Wilmington, Charlotte and Kuther- fbrd Railroad Company, were surrendered to the Treasurer and new bonds, dated January 1st, 1866, delivered therefor.. This would leave $1,190,000. It will be noticed that the date of their actual issue from the Treasury does not corres- pond with the date of the bond. The $250,000 issued to the Wilmington, Charlotte and Rutherford Railroad Company in 1861, appears to have been due the company for work done. The Governor declining to sign them, they were ordered by the Convention to be issued in fulfillment of past contracts. These are payable in New York in " money of the Uniied States." The bonds issued to the Western Railroad Company, $200,000, and to the Western North-Carolina Railroad Com- pany $220,000, were ordered, by the General Assembly in 1861, to be issued to those companies in pursuance of laws passed before the war. 138 CONVENTION JOURNAL. [Session BNDOESED BOOT)S. These are commonly called " scratched bonds." It is a rule of the Stock Board in New York, and probably in other cities, that bonds on which any writing whatever is found, shall not be regarded as " good deliveries " in the fulfillment of contracts. Hence they can only be sold privately and generally at a less rate than " clean bonds." These writings on the bonds have happened in various ways: 1st. Endorsements have been legitimately made in the registration of coupon bonds under the act of 1856 and 1857, chap. 16. Even when legally transferred to bearer, according to law, in most instances some discredit is attached, merely because of the stringent rules ,of the stock boards. This discredit seems greater when the endorsement has been made iduring the war, because dealers do not know and do not care to enquire whether the acts of the officer at that time, Public Treasurer, are recognized by the present State government. 2nd. Other endorsements have been made in contemplation ,of registration, but the proceeds was not completed. After- wards when, a sale was desired, the writing was cancelled, and the bonds thrown into market in their " scratched " condition. This was the case with the -old sixes belonging to the Sinking Fund, which were disposed of ahd the proceeds re- invested. 3rd. Owners have often inscribed their names on their bonds, indicating their ownership, in the hope, not founded on any law within my knowledge, that such endorsement would be a security against loss. Writings on bonds, siicli as I have described, materially effect their value in market. Very respectfully. Your obedient servant, KEMP P. BATTLE, P^obUo Treasurer. 1866.] CONVENTION JOUENAL. 139 CO M o o H p O < 02 P -" , -t^ ■+^ OD PI PI M (a s ^ o 1^ (D s P-i Pil P^ • S M .a CO ,.~-.A^-. ^ "^ ■i* r^-i > U 11 u 11 11 July 1, 1863. U it 11 (( t[ 1,1. Nov. 36, 1863. * 1863. Feb. 37, 1864. July 1, 1893, U U ii if. ii n Western R. R., (Coalflelds,) ^L 11 K^ 11 11 It tl 11 11 Act 1860, ch. 137, (( 11 U Oct. 1, 1861. 11 11 11 11 11 11 If 11 If Oct. 1861, to Nov. 3, 1861, Nov. 3, to Dec. 13, 1861, Dec. 13, to Jan, 3, 1863, Jan. 3, to Feb. Oct. 1, 1891, C( n u >.£ ii il li U tl 11 i> 11 U ii u 11 11 11 Feb. 1, 1863, to 5th, u ii a Western N. C. Railroad, (1 11 11 k. 11 11 11 11 11 11 11 11 11 U 11 Act 1854, ch. 38, iL a 11 11 11 11 11 It 11 11 11 11 11 11 11 Oct. 1, 1861. U 11 11 11 It U 11 11 11 11 11 1.1 11 11 11 Dec. 17, 1861, Jan. 39, 1863, Feb. 5, 1863, . " 8, " 11 14^ 1. Mar. 33, 1863, Oct. 1, 1891, U U ii li. u u U il u (( u (( (( ii u Total *The day of the month not stated in the receipt. 1866.] OONYEKTION JOURNAL. B. ISSUED SINCE MAY 20th, 1861. 141 ■WHERE PAYABLE. New York, Raleigh, Raleigh, Raleigh, Aggregate, AMOUNT. 150,000 100,000 , 100,000 350,000 500.000 3,000 69,000 40,000 50,000 38,000 25,000 60,000 61,000 21,000 30,000 23,000 1250,000 950,000 200,000 220,000 $1,620,000 ebmaeks. ' By ordinance of Convention, rati- fied, June 28, 1861, the Public Treasurer was directed to sign and issue these bonds. I find no act directing the Public Treasurer to sign am I issue these bonds, but under act ratified December 1865, $480,000 were delivered to the Treasurer, and new bonds issued therefor, leav- ing only $530,000 outstanding. General Assembly by resolution, ratified Aug. 1, 1861, directed the Treasurer to issue these bonds the resolution showing on its face they were due under fonner acts. ■ By resolution of General Assembly ratified Sept. 13, 1861, the Gover- nor was directed to instruct the Treasurer to issue said bonds, the resolution showing they were due under former acts. 142 CONVENTION JOUENAL. - [Session Tlie unfinished business of the morning session was then resumed, the question being on the substitute of Mr. lurches to the proposed section in regard to the debts of the State. Mr. Phillips moved to amend the proposed substitute by inserting, after the word " faith," the words directly or indi- rectly ; and it was agreed to. The question was then on the amendment of Mr. Furches to the section proposed by the Committee; and it was adopted. Mr. Love then offered the following proviso to the section as amended : " Provided, That nothing in this section shall be so con- strued as releasing the State from obligations incurred by the Acts of the Legislature of 1854-'55, and 1858-'59 and 1860 and 1861, and as preventing the Legislature from carrying into effect the provisions of said acts in building the Western North-Carolina Eailrord." And the proviso was not adopted. The question then again recurred on the section as amended. On which Mr. McEae asked the yeas and nays, and the same being ordered, resulted — yeas Y6, nays 16. Those who voted in the affirmative are ; Messrs. Adams, Allen, Bagley, Baines, Baker, Barrow, Berry, Boyden, Bradley, Brickell, Bryan, Buxton, Caldwell of Gruilford, Clark, Conigland, Cowper, Dick, Dickey, Donnell, Eaton, Ellis, Faircloth, Forkner, Ferebee, Foy, Furches, Gahagan, Garland, Gilliam, Godwin, Grissom, Harris of Guil- ford, Harrison, Llajmes, Jackson, Jarvis, Jones of Davidson, Jones of Henderson, Jones of Eowan, King, Lash, Lyon, Manly, McOauley, McCorkle, McKoy of Sampson, McKay of Harnett, Mclvor, N. A. McLean, Nat. McLean, McLaughlin, Moore of Chatham, Murphy, Odom, Pearsall, Perkins, Person, Phillips, Polk, Eichardson, Eumley, Eush, -Settle, Smith of Anson, Smith of Johnston, Spencer of Hyde, Spencer of Montgomery, Starbuck, Stephenson, Thompson, "Warren, Willey, Wilson, Winburne, Wright — 76. Those who voted in the negative are : Messrs. Alexander, Beam, Bell, Bingham, Burgin, Bynum, 1866.] aO,NVENTION JOUENAL, 143 Caldwell of Burke, Garrett, Harris of Eiitlierford, Hcnrj, Joyce, Logan, Love of Jackson, Sloan, Smitli of Wilkes, Stewart — 16. Mr. Stewart offered a separate section on an amendment to article 5, but, by consent, withdrew it. Mr. Forkner offered as section 6, article 7, the ordinance providing for homesteads, reported by the select committee on homesteads, and it was not adopted. Article 3 was then read. Mr. Caldwell, of Burke, moved to strike out all after the word " law," in the 11th line, and it was agreed to. Mr. Phillips moved to strike out the remaining portion of the article, all after the word " house," in line 8, and the motion prevailed. The article, as amended, then passed the second reading, Mr. Patterson offered the following : ^'' Eesol/ved, That the printing of the proposed Constitution, with the several amendments made thereto, be executed under the immediate supervision of the committee appointed at the last session to revise the same, and that said committee be requested to examine the proof sheets and correct the same before they are returned to the Convention." Mr. King moved that printing be referred to a select com- mittee, and it was not agreed to. The resolution of Mr. Patterson was then adopted. The communication of the Treasurer to the Convention this afternoon was, on motion, ordered to be printed. Mr. Grissom moved to consider the motion submitted by him some days since, to reconsider the vote by which (184) An Ordinance to exchange the stocks of the State for bonds issued before 1861. Mr. Phillips moved to lay the motion on the table. On this motion Mr. Grissom asked the yeas and nays, and they were not ordered. The question, on laying on the table, was then put, and carried in the affirmative: Messrs. Moore, of Wake, and Winston, asked and obtained leave to record their votes in the affirmative on the adoption IM , CONVENTION" JOURNAL. [Session of the section of the Constitution in regard to the indebted- ness of the State. Mr. Faircloth moved to take up (230) An Ordinance to divorce Jane F. Haven and Thomais J. Haven. Mr. Boyden moved to lay the motion on the table, and the Convention refused — yeas 41, nays 54; the yeas ^ and nays being ordered, on motion of Mr. Faircloth. Those who voted in the affirmative are : Messrs. Adams, Baker, Boyden, Brickell, Bryan, Burgin, Buxton, Clark, Conigland, Dick, Dickey, Eaton, Ferebee, Furches, Garrett, Gilliam, Godwin, Jones of Eowan, Lash, Manly, McOorkle, McKay of Harnett, McDonald of Moore, McGehee, Mclvor, N. A. McLean, McLaughlin, Moore of "Wake, N orfleet, Phillips, Polk, Push, Satterthwaite, Smith of Anson, Spencer of Montgomery, Starbuck, Stephenson, Thompson, Walkup, "Warren, "Winson— 41. Those who voted in the negative are : Messrs. Alexander, Allen, Bagley, Baines, Barrow, Berry, Bingham, Bynum, Caldwell of Burke, Caldwell of Guilford, Cowper, Donnell, Ellis, Faircloth, Forkner, Foy, Gahagan, Garland, Grissom, Harris of Putherford, Harrison, Haynes, Henry, Jackson^ Jarvis, Jones of Davidson, Jones of Hender- son, Joyner, King, Logan, Love of Jackson, Lyon, McCauley, Nat. McLean, Mcllae, Moore of Chatham, Murphy, Odom, Patterson, Pearsall, Person, Pichardson, Pumley, Settle, Sloan, Smith of Johnston, Smith of "Wilkes, Spencer of Hyde, Stewart, Swan, "Willey, "Wilson, "Winburne, Wright — 54. The question was then put on taking up for consideration, and it was agreed to. The ordinance was then read the second time, and the ques- tion being on its passage, Mr. Gilliam asked the yeas and nays, which were ordered, a,nd resulted — yeas 47, nays 46, so the ordinance passed the second reading. Those who voted in the affirmative are : Messrs. _ Adams, Allen, Bagley, Baines, Barrow, Berry, Bradley, Caldwell of Guilford, Cowper, Ellis, Faircloth, Forkner, Gahagan, Godwin, Grissom, Harris of Putberford^ 1866.] CONTENTION JOURNAL. . 145 Harrison, Haynes, Henry, Jarvis, Jones of Davidson, Jones of Henderson, Joyner, King, Logan, Love of Jackson, Lyon, McCauley, McDonald of Moore, Nat McLean, McKae, Moore of Chatham, Murphy, Odom, Pearsall, Perkins, Person, Richardson, Sloan, Smith of Johnston, Smith of AVilkes, Spencer of Hyde, Stewart, Swan, Willey, Wilson, Winbarne — i7. Those who voted in the negative are : Messrs. Baker, Boyden, Brickell, Bryan, Bnrgin, Buxton, Caldwell of Burke, Clark, Conigland, Dick, Dickey, Donnell, Eaton, Eerehee, Eoy, Eurches, Garland, GaVrett, Gilliam, Jackson,^ J ones of Rowan, Lash, Manly, McCorkle, McKoy of Sampson, McKay of Harnett, McGehee, Mclvor, N. A. McLean, McLaughlin, Moore of Wake, Norfleet, Patterson, Phillips, Polk, Rush, Satterthwaite, Smith of Anson, Spencer of Mont- gomery, Starbuek, Stephenson, Thompson, Walkup, Warren, Winston, Wright— 46, Mr. Caldwell, of Burke, moved to take up (237) An Ordin- ance to authorize the President of the Western North-Carolina Railroad to borrow money, and put the same on its second reading. The motion prevailed, and the ordinance was read the second time and passed the second reading. Mr. Dick moved to take up and consider (208) An Ordin- ance to increase the salary of the Adjutant General, and the motion did not prevail. Mr. Caldwell, of Burke, moved to make (106) An Ordinance to grant a general amnesty the special order for to-morrow, 21st, at 4 o'clock, p. m., and it was so ordered. The Committee on Enrolments reported as correctly enroled the following, and the same were ratified in open Convention. : An Ordinance to pay the Provisional Judges of Courts of Oyer and Terminer for services under an " Ordinance to pro- tect the owners of property and for other purposes." An Ordinance to change the times of elections in North- Carolina and for other purposes. An Ordinance for exchanging the stocks of the State for 10 146 COI^VENTIOE" JOURNAL. [Sessiora bonds issued before the year one thousand eight hundred and sixty-one. An Ordinance to prohibit the sale of spirituous liquors- within one and a half miles of the Company's Shops. An Ordinance to amend the Charter of the Governor's' Creek Transportation and Mining Company. An Ordinance to repeal the 20th section of the 53rd chapter of the Eevised Code, entitled " Governor and Conncil." Kesolution to continue Commissioners appointed hj the Governor under an act of the General Assembly to examine into the aifairs of the Albemarle and Chesapeake Canal Com- pany, and A Kesolution on lighting the Capitol with gas. Mr. Lyon moved to adjourn to 9 o'clock to-morrow morning,, and it was not agreed to. Mr. Walkup moved to take up for consideration (191) An Ordinance extending the time to perfect titles to land sold for taxes, and the motion prevailed. Before any action was taken thereon. On motion of Mr. Howard, the Convention adjourned to & o'clock to morrow morning. THURSDAY, June 21st, 1866. The President called the Convention to order at 9 o'clock. The journal of yesterday was read and approved. Mr. Terebee was called to the Chair by the President. Mr. Burgin presented a memorial signed by W. W. Woodfin^ Eobt. B. Vance and Thomas S. Deavor, in behalf of a meet- ing of citizens of Buncombe and other counties west of the Blue Eidge, with accompanying resolutions in regard to the Western ISTorth-Carolina Railroad, which were read, and on motion of Mr. Burgin, were ordered to be printed. On motion of Mr. Phillips, Mr. "Warren was appointed on the committee to revise the Constitution in place of Mr. Thompson, who is absent. 1866.] CONVENTION JOUKNAL. 147 Ml". Sloan introduced (244) An Ordinance in regard to the safe keeping and publication of the ordinances of the Conyen- tion, which passed the first reading and was referred to a select committee of three. Messrs. Sloan, Howard and Love of Jackson were appointed to constitute the committee. At 9 o'clock, 30 minutes, the special order being (215) the Ordinance changing the jurisdiction of the Courts and the rules of pleading therein, was taken up and read the third time. Mr. Howard moved the following verbal amendments, which were agreed to : In section 2, line 2, after the word " only " insert the words " unless otherwise herein provided." In section 20, line 17, strike out the word " next," and in- sert the same after 'the word " Court." Mr. Grissom offered the following as an additional section : " Be it further ordained, That no sale of real estate which may be hereafter made under executions issuing upon judg- ments heretofore or hereafter recovered on contracts entered into before the first day of May, A. D., 1865, shall be valid unless the same shall bring at least three-fourths of the assessed tax valuation in force at the time of such sale." And it was not adopted. Mr. Baker offered as a substitute for the ordinance imder consideration An Ordinance providing for homesteads, and asked that the same be printed, and it was not agreed to. The question was then put on the adoption of the substitute and decided in the negative. Mr. Ellis moved to amend as follows : " In line 6, section 22, strike out ' five hundred,' and insert ' one hundred.' " And it was not adopted. Mr. Caldwell, of Guilford, offered the following as an ad- ditional section : " Be it further ordwmed, That while this ordinance remains in force and effect, it shall not be lawful for any one to confess 148 CONYE]S"TION JOUENAL. [Session judgment, nor to make a mortgage, nor deed in trust, favoring one creditor over anotlier." Mr. Moore, of Wake, moved to amend the amendment by striking out the words " mortgage or deeds of trust," and it ■was not agreed to. The question recurred on the amendment of Mr, Caldwell, of Guilford, and it was decided in the negative — yeas 36, nays 61 , the yeas and nays being ordered, on motion of Mr. Gowper. Those who voted in the affirmative are : Messrs. Alexander, Baines, Baker, Barrow, Boyden, Brad- ley, Burgin, Buxton, Bynum, Caldwell of Burke, Caldwell of Guilford, Cowper, Dick, Dickey, Ellis, Furehes, Gahagan, Garland, Godwin, HaiTis of Guliford, Henry, Jackson, Jones of Davidson, Jones of Henderson, King, Love of Jackson, McCauley, McLaughlin, Patterson, Pearsall, Settle, Smith of Johnston, Spencer of Montgomery, Stephenson, Stewart, -VVilley— 35. Those who voted in the negative are : Messrs. Adams, Allen, Bagley, Berry, Brickell, Bryan, Clark, Conigland, Eaton, Faircloth, Forkner, Ferebee, Foy, Garrett, Grissom, Harris of Eutherford, Harrison, Haynes, Hodge, Howard, Jarvis, Jones of Eowan, Joyner, Lash, Logan, Lyon, Manly, McCorkle, McKoy of Sampson, McKay of Harnett, McDonald of Chatham, McDonald of Moore, McGehee, Mclvor, IST. A. McLean, Nat. McLean, McEae, Moore of Chatham, Moore of Wake, Murphy, ISTorfieet, OBom, Perkins, Person, Phillips, Polk, Eichardson, Eumley, Eush, Smith of Anson, Smith of Wilkes, Spencer of Hyde, Star buck, Swan, Walkup, Ward, Williams, Wilson, Winburne, Winston, Wright— 61. Mr. Conigland offered the following, to come in as a separ- ate section, between sections 22 and 23 : " Be it further orfained. That no sale of real estate which was conveyed before the first day of May, 1S65, by way of deed of trust or mortgage or otherwise, for the purpose of securing the payment of debts therein specified, shall take place, or be of any effect, until the debts in said conveyance specified shall have been reduced to judgment according to 1866.] CONTENTION JOURNAL. - 149 the provisions of tliis act respecting debts contracted before the 1st day of May, 1865 : Provided, however, That this sec- tion shall not be construed to defeat any lien which may have been acquired under any such deed, mortgage, or other con- veyance." And it vs^as not adopted. Mr. Boyden moved to amend section 23, as follows : " Strike out all after the word ' notwithstanding,' in the 9th line, to the word ' provided,' in the 12th line, and insert ■ provided the defendant offering su-ch effects shall only be allowed the current market value in specie of the said note or certificates of deposit at the time of trial.' " And it was not adopted. Mr. Jones, of Kowan, moved to strike out section 17. Mr. McKae moved to amend the section proposed to be stricken out as follows : " Strike out all after the word ' contracted,' and insert ' after the 4th day of July, 1866." After some discussion, this amendment was, by consent, withdrawn, and the question put on the motion of Mr. Jones to strike out, and decided in the negative. Mr. Ferebee moved to amend section 23 as follows : " In line 2, strike out ' of the State,' and also the word * exercismg,' and insert ' having exercised.' " And it was agreed to. Mr. Moore, of Wake, moved to amend section 23 as fol- lows : " In line 16, after the word ' manner,' insert ' except the same be a legal set off under section 77, chapter 31, of the Eevised Code.' " And it was not adopted. Mr. Spencer, of Montgomery, moved to strike out section 18, and it was agreed to— yeas 33, nays 28. Mr. "Walkup moved to amend section 8 as follows : " In line 6, strike out ' tenth,' and insert ' fifth ;' in line 9, strike out 'fifth,' and insert 'half,' and in line 27, strike out ' fifth,' and insert ' half.' " And it was not adopted. 150 CONVENTION JOUENAL. [Seesiou Mi-. Caldwell, of Guilford, offered the following as an additional section, between sections 24 and 25 : " Be it further ordained, That the law passed by the last General Assembly repealing the one hundred and fourteenth chapter of the Eevised Code, be and the same is hereby re- pealed." On this question Mr. Caldwell asked the yeas and nays ; which were ordered, and resulted in the negative — yeas 46, nays 50. Those who voted in the affirmative are : Messrs. Adams, Alexander, Baines, Baker, Bingham, Boy- den, Bradley, Bryan, Burgin, Buxton, Caldwell of Burke, Caldwell of Guilford, Cowper, Dick, Dickey, Forkner, Furches, Gahagan, Garland, Garrett, Harris of Guilford, Harris of Eutherford, Haynes, Henry, Hodge, Jackson, Jones of Davidson, Jones of Henderson, Jones of Eowan, Logan, Love of Jackson, McCauley, McCorkle, McKay of Harnett, McDonald of Chatham, N. A. McLean, McLaughlin, Patterson, Eichardson, Eush, Sloan, Stephenson, Stewart, Swan, Williams, "Winburne — 46. Those whd voted in the negative are : Messrs. Allen, Bagley, Barrow, Berry, Brickell, Bynum, Clark, Conigland, Eaton, Ellis, Faircloth, Ferebee, Foy, Godwin, Grissom, Harrison, Howard, Jarvis, Joyner, King, Lash, Lyon, Manly, McKoy of Sampson, McDonald of Moore, Mclvor, Nat. McLean, McEae, Moore of Chatham, Moore of Wake, Murphy, Norfleet, Odom, Pearsall, Perkins, Person, Phillips, Polk, Eumley, Smith of Anson, Smith of Johnston, Smith of Wilkes, Spencer of Hyde, Spencer of Montgomery, Starbuck, Walkup, Ward, Willey, Wilson, Winston — 50. Mr. McEae moved to reconsider the vote rejecting the amendment of Mr. Conigland this morning, but after some discussion, by consent, withdrew it. Mr. Moore, of Wake, offered the following as an additional section : " Be it further ordained, Tliat the jurisdiction of all the Courts, and the rules of pleadiirg, shall be the same as they were in the year eighteen hundred and sixty, as to all actions 1866.] CONTENTION JOURNAL. 151 and suits against attorneys at law and other collecting agents, who may have collected money for the persons entitled there- to ; and the jurisdiction shall also be the same as to all suits and actions for the collection of all sums due on judicial sales whenever made, and as to all defaults of officers accruing after the ratification of this ordinance." Mr. Conigland moved to amend the amendment by striking •out all after the word " thereto ;" and it was not agreed to. The question recurred on the amendment of IVIr. Moore of Wake, and it was not adopted — yeas 34, nays 58, the yeas and nays being ordered, on motion of Mr. Eaton. Those who voted in the affirmative are : Messrs. Baines, Baker, Barrow, Boyden, Burgin, Bynura, Caldwell of Bnrke, Caldwell of Guilford, Dickey, Eaton, Ellis, Forkner, Galiagan, Garland, Garrett, Godwin, Harris of Eutherford, Harris of Guilford, Harrison, Henry, Jackson, Jones of Henderson, King, Logan, Love of Jackson, McCauley, Mclvor, Moore of Wake, Rush, Spencer of Montgomery, Starbuck, Swan, Walkup, Winston — 34. Those who voted in the negative are : Messrs. Adams, Allen, Bagley, Berry, Bingham, Brickell, Bryan, Clark, Conigland, Cowper, Dick, Faircloth, Ferebee, Foy, Fm'ches, Grissom, Haynes, Hodge, Howard, Jarvis, Jones of Davidson, Jones of Kowan, Joyner, Lash, Lyon, Manly, McCorkle, McKoy of Sampson, McKay of Harnett, McDonald of Chatham, McGehee, N. A. McLean, McLaugh- lin, McBae, Moore of Chatham, Murphy, Norfleet, Odom, Patterson, Pearsall, Perkins, Person, Phillips, Polk, Richard- son, Sloan, Smith of Anson, Smith of Johnston, Smith of Wilkes, Spencer of Hyde, Stephenson, Stewart, Ward, Willey^, Williams, Wilson, Winburne, Wright — 58. Mr. Howard moved to amend section 17, line 3, as follows; "After the word ' contracted ' insert the words ' or penalties incurred,' and in line 5, after contracted, insert ' or incurred.' " And it was adopted. Mr. Ellis moved the following as a sepal-ate section : " Be it further ordained, That this ordinance shall be left to the people for ratification or rejection : Provided, That no 152 CONVEE'TIOi;r JOUENAL. [Session action for debt shall be brought until this ordinance is so voted tipon." And it Avas not adopted. The question was then put on the final passage of the ordinance, and decided in the affirmative — yeas 64, nays 25>, the yeas and nays being ordered, on motion of Mr. Caldwell,, of Guilford. Those who voted in the affirmative are r Messrs. Adams, Alexander, Allen, Baines, Berry, Bingham, Brickell, Burgin, Bynum, Caldwell of Burke, C0Bigland,Cow- per, Dick, Forkner, Ferebee, Foy, Garland, Garrett, Godwin,, Grissom, Harris of Rutherford, Harrison, Haynes, Hodge,, Howard, Jackson, Jarvis, Jones of Davidson, Jones of Hender- son, Jones of Eowan, Joyner, Logan, Love of Jackson, Lyon,, Manly, MeCauley, McKay of Harnett, McDonald of Chatham,. McDonald of Moore, MeGehee, McKae, Moore of Chatham, Murphy, ISTorfleet, Odom, Patterson, Perkins, Person, Phillips, Polk, Eiehardson, Rush, Sloan, Smith of Anson, Smith of Johnston, Smith of Wilkes, Spencer of LTyde, Swan, Ward„ "Willey, "Williams,, Wilson, Winburne, Wright — 64. Those who voted in the negative are : Messrs. Bagley, Baker, Barrow, Boyden, Bryan, Buxton, Caldwell of Guilford, Dickey, Donnell, Eaton, Ellis, Gahagan, Harris of Guilford, Henry, Eing, Lash, Mclvor, McLaughlin, Moore of Wake, Spencer of Montgomery, Starbuck, Stephen- son, Stewart, Walkup, Winston — 25. Mr. Grissom moved to take up (166) an Ordinance to author- ize the exchange of State bonds for certain causes and makfe it the special order for to-day at 1:30, p. m., and the motioifc prevailed. The special order of the day being (169) An Ordinance ex- tending the time for settlement of the public taxes by the- Sheriifs and Tax Collectors of the State, was taken up, read the third time and passed the third reading, and ordered to be enrolled. Mr. McEae moved a Resolution that five copies for eaefe member of the Convention, of the ordinance changing the 186G.] CONYENTION JOUENAL. 153 jiirisdiution of the Courts, and the rules of pleading therein, be printed. Mr. Howard moved to refer the subject to the special committee appointed this morning on the subject of advertising the ordinances of the Convention, and the motion did not prevail. The resolution of Mr. McEae was then adopted. The business on the calendar was then taken up. (230) An Ordinance to divorce Jane F. Havens and Thomas J. Havens was read the third time. Mr. Howard moved to postpone indefinitely. On which motion he asked the yeas and nays, and the same being ordered, resulted — yeas 40, nays 51, so the motion did not prevail. Those who voted in the affirmative are : Messrs. Baker, Boyden, Brickell, Bryan, Burgin, Buxton, Bynum, Caldwell of Biirke, Caldwell of Guilford, Clark, Conigland, Cowper, Donnell, Eaton, Ferebee, Furches, Garland, Garrett, Gilliam, Henry, Howard, Jackson, Jones of Eowan, Lash, Manly, McCorkle, McKay of Harnett, McGehee, McLaughlin, Moore of Wake, JSTorfleet, Patterson, Phillips, Polk, Eush, Smith of Anson, Starbuck, Stephenson, Walkup, Warren, Winston, Wright — 40. . Those who voted in the negative are : Messrs. Adams, Alexander, Allen, Bagley, Baines, Barrow, Berry, Binghaan, Dickey, Ellis, Faircloth, Forkner, Foy, Gahagan, Godwin, Grissom, Harris of Guilford, Harris of Eutherford, Harrison, Haynes, Hodge, Jarvis, Jones of David- son, Jones of Henderson, Joyner, King, Logan, Love of Jack- son, Lyon, McCauley, McDonald of Chatham, McDonald of Moore, Mclvor, McEae, Moore of Chatham, Odom, Pearsall, Perkins, Person, Eichardson, Sloan, Smith of Johnston, Smith of Wilkes, Spencer of "Hyde, Stewart, Swan, Ward, Willey, Williams, Wilson, Winburne — 51. Mr. Grissom moved to postpone the further consideration of the ordinance until to-morrow morning at 9f o'clock. The hour of 1:30 having arrived, the special order was called for. 154 CONYENTIO]Sr JOUEIsTAL. [Session Mr. Smitli, of Johnston, moved to postpone the special order until the business under consideration shall be disposed of, and the question being put the vote stood — ^yeas 49, nays 34. The Chair decided that it took two-thirds to postpone a special order. From this decision Mr. Faircloth appealed, and the House decided against the decisioo of the Chair. Mr. Grissom then withdrew his motion to postpone. The question then recurred on the passage of the ordinance on the third reading, and it was decided in the affirmative — yeas 45, nays 40, the yeas and nays being ordered, on motion of Mr. Eaton. Those who voted in the affirmative are : Messrs. Adams, Allen, Bagley, Baines, Barrow, Berry, Bingham, Caldwell of Guilford, Ellis, Faircloth, Forkner, Gahagan, Garland, Harris of Guilfoi'd, Harris of Eutherford, Harrison, Haynes, Henry, Hodge, Jarvis, Jones of Davidson, Jones of Henderson, Joyner, King, L«gan, Lyon, McCauley, McDonald of Chatham, McDonald of Moore, McRae, Moore of Chatham, Odom, Pearsall, Perkins, Person, Kichardson, Sloan, Smith of Johnston, Smith of Wilkes, Spencer of Hyde, Stewart, Swan, Willey, Williams, Wilson, Winburne — 45. Those who voted in the negative are : Messrs. Baker, Boyd en, Brickell, Bryan, Burgin, Buxton, Bynum, Caldwell of Burke, Clark, Conigland,* Dickey, ] )on- nell, Eaton, Ferebee, Furches, Gilliam, Howard, Jackson, Jones of Eowan, Lash, Manly, McCorkle, McKoy of Samp- son, McKay of Harnett, Mc(xehee, Mclvor, McLaughlin, Moore of Wake, Iforfieet, Patterson, Phillips, Polk, Eiish, Smith of Anson, Spencer of Montgomery, Stephenson, Walk- up, Warren, Winston, Wright-:-40. The special order was then taken up, being (166) An Ordi- nance to authorize the exchange of State bonds for certain caiises, and the same was read the second time. Mr. Howard moved to postpone and make the ordinance the special order for to-morrow at 10 o'clock, a. m., and it was agreed to. 1866.] CONVENTION JOUENAL. 155 Then the hoiir of ^ having arrived, the Convention took a recess until 4 o'clock. AFTEENOON SESSION, June 21st, 1866. The Convention re-assembled at 4 o'clock. The special order set for this hour was taken up, being (106) An Ordinance to grant a general amnesty, and was read the second time. Mr. Gilliam offered, as a substitute, (226) An Ordinance concerning amnesty. Mr. Smith, of Wilkes, moved to lay the whole subject on the table. On which he asked the yeas and nays, and the, same being ordered, resulted — yeas 51, nays 48. Those who voted in the affirmative are : Messrs. Adams, Baines, Baker, Bbyden, Bradley, Bryan, Caldwell of Guilford, Dickey, Donnell, Ellis, Faircloth, Fork- ner, Furches, Gahagan, Garland, Godwin, Grissonj, Harris of Eutherford, Harrison, Haynes, Henry, Hodge, Johnston, Jones of Davidson, Jones of Eowan, Joyner, King, Lash, Logan, Love of Jackson, McDonald of Moore, N. A. McLean, Nat. McLean, McLaughlin, Moore of "Wake, Norfleet, Odom, Perkins, Eichardson, Sloan, Smith of Anson, Smith of Wilkes, Spencer of Hyde, Spencer of Montgomery, Starbuck, Stewart, Stephenson, Swan, William's, Wilson, Winston — 51. Those who voted in the negative are : Messrs. Alexander, Allen, Bagley, Barrow, Berry, Bingham, Brickell, Burgin, Buxton, Bynnm, Caldwell of Burkf, Clark, Conigland, Cowper, Dick, Eaton, Ferebee, Foy, Gilliam, Harris of Guilford, Jackson, Jarvis, Jones of Henderson, Lyon, Manly, McCauley, McCorkle, McKoy of Sampson, McDonald of Chatham, McGehee, Mclvor, McEae, Moore of Chatham, Murphy, Patterson, Pearsall, Person, Phillips, Polk, Eumley, Eush, Smith of Anson, Walkup, Ward, Warren,' Willey, Winburne, Wright — 48. Mr. Moore, of Wake, by consent, introduced (245) An 156 CONVENTION JOUENAL. [Session Ordinance concerning the banks of the State, which passed the first reading. He then moved to suspend the rules and put the ordinance on its second reading. The motion prevailed, and the ordinance was read the second time and passed the second reading. Then, on motion, it was ordered to be printed. Mr. Starbuck moved to take up (236) An Ordinance to amend the charter of the Salem Fire Engine Company and put it on the second and third readings. The motion was agreed to ; the ordinance was read the second and third times, passed, and ordered to be enrolled. Then, on motion of Mr. Logan, the Convention adjourned to 9 o'clock to-morrow morning. FEIDAY, June 22nd, 1866. The President called the Convention to order at 9 o'clock. The journal of yesterday was read and approved. ■ Mr. Settle was called to the Chair by the President. Mr. Wright, for the Finance Committee, reported (24(i) A Eesolution to empower the Public Treasurer to employ a temporary Clerk, which passed the first reading. He moved to suspend the rules and put the ordinance on its second and third readings at this time, and the motion did not prevail. Mr. Warren moved to take up for consideration (177) An Ordinance to authorize Wm. B. Campbell, late Sheriff of Beaufort county, to collect arrears of taxes, and the motion prevailed. The ordinance was read the second time. Mr. Manly moved to amend by extending the provisions of the ordinance to A. C. Latham, late Sheriff of Craven, and the amendment was adopted. Mr. Moore, of Chatham, moved to lay the ordinance on the table, and it was not agreed to. The ordinance, as amended, then passed the second reading. 1866.] CONVENTION JOURNAL. 157 Mr. Warren moved to suspend the rules and put tlie ordin- ance on the third reading, and the motion prevailed. The ordinance was then read third time. Mr. Rumley moved to amend by extending its provisions to George Dill, late Sheriff" of Carterett county, and the amend- ment was adopted. Mr. Stewart moved to lay the ordinance on the table, and the motion did not prevail. Mr. Barrow offered to amend by including Goodman Bur- den, late Sheriff of Washington county, and the amendment was agreed to. Then, as amended, the ordinantie passed the third reading, and was ordered to be enrolled. The hour of 9|- having arrived, the special order was an- nounced, being (166) An Ordinance to authorize the exchange of State bonds for certain causes. Mr. McGehee moved to postpone the same and make if the special order for to-morrow 9| o'clock, a. m., and it was so ordered. Mr. Logan moved to take up and consider (21-3) An Ordin- ance to empower tlie Justices of the several counties to borrow money in certain cases, and for other purposes, and the motion prevailed. The ordinance being read the second time, The report of the Committee on the Governor's communica- tion in regard to scarcity of provisions in certain counties, was read, recommending the adoption of this ordinance. Mr. Odom moved to amend the preamble as follows : " Strike out the word ' respectively.' " Pending the consideration of this question, Mr. Wilson moved to suspend its further consideration, and take up (136) the Constitution and amendments thereto, and put the same on its third reading, and the motion prevailed. The Constitution was then read by articles and sections, and amended as follows : 158 CONVENTION JOURNAL. [Session AETICLE I. BILL OF EIGHTS. Mr. Pliillips moved to amend section 8 as follows : " In line 2, after the word ' cliarge,' insert the words ' ex- cept as is hereinafter allowed..' " Mr. Clark moved to lay the whole subject on the table. On which he asked the yeas and nays, and the same being ordered, resulted — yeas 19, nays 80. Those who voted in the aihrmative are : Messrs. Bagley, Barrow, Brickell, Clark, Conigland, Foy, Ferebee, Gilliam, Howard, Jarvis, Manly, McKoy of Sampson, N. A. McLean, Perkins, Personj Spencer of Hyde, Warren, Willey, "Winburne — 19. Those who voted in the negative are : Messrs. Adams, Alexander, Allen, Baines, Baker, Berry, Bingham, Boyden, Bradley, Bryan, Burgin, Buxton, Bynum, Caldwell of Bui'ke, Caldwell of Guilford, Cowper, Dick, Dickey, Eaton, Ellis^ Faircloth, Forkner, Furches, Gahagan, Garland, Garrett, Godwin, Grissoita, Harris of Guilford, Harris of Rutherford, Haynes, Henry, Hodge, Jackson, John- ston, Jones of Davidson, Jones of Henderson, Joyce, King, Lash, Logan, Love of Chatham, Love of Jackson, Lyon, McCauley, McCorkle, McKay of Harnett, McDonald of Chat- ham, McDonald of Moore, McGehee, Mclvor, Nat. McLean, McLaughlin, McEae, Moore of Chatham, Moore of Wake, Murphy, Norfleet, Odom, Patterson, Pearsall, Phillips, Polk, Eiimley, Bush, Settle, Sloan, Sijiith of Anson, Smith of Johnston, Smith of Wilkes, Spencer of Montgomery, Starbuck, Stevenson, Stewart, Walkup, Ward, Williams, Wilson, Wright —80. The question was then put on the adoption of Mr. Phillips' amendment, and it was adopted — yeas 6Q, nays 37, the yeas and nays being ordered, on motion of Mr. Eaton. Those who voted in the affirmative are : Messrs. Adams, Berry, Boyden, Bradley, Bryan, Burgin, Buxton, Caldwell of Burke, Caldwell of Guilford, Conigland, Dick, Dickey, Ellis, Forkner, Gahagan, Garland, GaiTett, Godwin, Harris of Guilford, Harris of Eutherford, Harrison, 1866,] CONVENTION JOUENIl. 159 Ilaynes, Hodge, Howard, Jackson, Johnston, Jones of David- son, Jones of Henderson, Jones of Eowan, Joyce, Joyner, King, Lash, Logan, Love of Chatham, Love of Jackson, Lyon, Manly, McCauley, McGehee, Mclvor, Nat. McLean, Mcliae, McLanghliri, Moore of Chatham, Moore of Wake, Murphy, Norileet, Odom, Patterson, Pearsall, Perkins, Person, Phillips, Kuniley, Push, Smith of Anson, Smith of Johnston, Smith of AYilkes, Spencer of Hyde, Spencer of Montgomery, Stephen- son, Walkup, Williams, Winburne, Wright — 66. Those who voted in the negative are : Messrs. Alexander, Allen, Bagley, Baines, Baker, Barrow, Bingham, Brickell, Byniim, Clark, Cowper, Eaton, Faircloth, Ferehee, Foy, Fnrches, Gilliam, Grissom, Henry, Jarvis, McCorkle, McKoy of Sampson, McKay of Harnett, McDonald of Chatham, McDonald of Moore, N. A. McLean, Polk, Pichardson, Settle, Sloan, Starbuck, Stewart, Swan, Ward, Warren, Willey, Wilson— 37. j, Mr. Foy moved to amend section 9 by striking out all after the word " used," in line 3. Mr. Manly moved to amend the clause proposed to be stricken out by so transposing the numbers as to make it read " the Legislature may, however, provide other modes of trial for misdemeanors, with the right of appeal ;" and the amend- ment was adopted. Mr. Starbuck moved to amend by adding : " Provided, That in such other modes of trial no person shall be put to answer any criminal charge but upon a speci- fication of the crime with which he stands charged." And it was not adopted. Mr. Moore of Wake, moved to amend by inserting the word " misdemeanors ;" and it was agreed to. The question was then put on the motion of Mr. Foy to strike out, and decided in the negative. Mr. Bingham moved to amend section 12 by striking out the words" " destroyed or," and it was not agreed to. Mr. Foy moved to strike out section 27, and it was not agreed to. 160 CONVENTION JOURNAL. [Session AETICLld! II. LEGISLATIVE DEPAETMENT. Mr. Phillips moved to insert " a " before " House of Com- mons," in line 3 ; and it Avas not agreed to. Mr. Harris, of Guilford, moved an amendment in punctua- tion, in section 2 ; and it was not agreed to. Mr. Love, of Jackson, moved to amend section 2 by strik- ing out " fifty " and inserting " forty," in line 1 ; and the motion did not prevail. Mr. Winburne moved to strike out section 2, and on this motion asked the yeas and naye, which were not ordered, whereupon he withdrew his motion. Mr. Logan moved to amend section 6 by inserting before the word " population," in line 4, and before the same word in line 8, the word " white ;" and the amendment was adopted. Mr. Love, of Jackson, 'moved to strike out section 6, and the motion did not prevail — yeas 4, nays 98, the yeas and nays being ordered on his motion. Those who voted in the aiiirmative are : Messrs. Harris of Eutherford, Logan, Love of Jackson, Murphy — 4. Those who voted in the negative are : Messrs. Adams, Alexander, Allen, Bagley, Baines, Baker, Barrow, Berry, Bingham, Boy den, Bradley, Brickell, Bryan, Burgin, Buxton, Bynum, Caldwell of Burke, Caldwell of Guilford, Clark, Conigland, Cowper, Dick, Dickey, Eaton, Ellis, Faircloth, Forkner, Ferebee, Foy, Furches, Gahagan, Garland, Garrett, Gilliam, Godwin, Grissom, Harris of Guil- ford, Harrison, Haynes, Henry, Hodge, Howard, Jacksoil, Jarvis, Johnston, Jones of Davidson, Jones of Henderson, Jones of Eowan, Joyce, Joyner, King, Lash, Love of Chat- ham, Lyon, Manly, McCanley, McCorkle, McKoy of Sampson, McKay of Harnett, McDonald of Chatham, McDonald of Moore, McGehee, Mclvor, N. A. McLean, Nat. McLean, McLaughhn, McEae, Moore of Chatham, Moore of V ake, Norfieet, Odom, Patterson, Pearsall, Perkins, Person, Phillips, Polk, Eichardson, Eumley, Eush, Settle, Sloan, Smith of 1866.] CONVENTION JOUENAL. 161 Anson, Smith of Johnston, Smith of Wilkes, Spencer of Hyde, Spencer of Montgomery, Starbuck, Stephenson, Stewart, Ssvan, Walkup, Ward, Warren, Willey, Williams, Wilson, Winburne, Wright — 98. Mr. liOgan moved to amend section 9 by striking out of line 3 the word " one," and inserting " five," and the amend- ment was not adopted. Mr. Howard moved to amend the same section by inserting in line 7, after the word " fee," the words " of the value of five hundred dollars." On which he asked the yeas and nays, and the same being ordered, resulted — yeas 40, nays 57. Those who voted in the affirmative are : Messrs. Alexander, Allen, Bagley, Baines, Baker, Barrow, Brickell, Bynum, Caldwell of Guilford, Clark, Conigland, Cowper, Ellis, Furches, Garrett, Harrison, Hodge, Howard, Johnston, Lash, Manly, McCauley, McKoy of Sampson, McDonald of Chatham, McKae, Murphy, Norfleet, Odom, Pearsall, Perkins, Polk, Eumley, Smith of Anson, Spencer of Hyde, Starbuck, Stewart, Walkup, Willey, Winburne, Wright —40. Those who voted in the negative are : Messrs. Adams, Berry, Bradley, Bryan, Burgin, Bynum, Caldwell of Burke, Dick, Dickey, Eaton, Forkner, Foy, Gahagan, Garland, Gilliam, Godwin, Grissom, Harris of Guilford, Harris of Eutherford, Haynes, Henry, Jackson, Jarvis, Jones of Davidson, Jones of Henderson, Jones of Eowan, Joyce, Joyner, King, McCorkle, McKay of Harnett, McDonald of Moore, McGehee, Mclvor, N. A. McLean, Nat. McLean, McLaughlin, Moore of Chatham, Moore of Wake, Patterson, Person, Phillips, Eichardson, Eush, Settle, Smith of Johnston, Smith of Wilkes, Spencei'. of Montgomery, Stephenson, Ward, Warren, Williams, Wilson— 57. Mr. Walkup moved to insert in line 7, of the same section, after the word " represents," the words " or in the State ;" and it was not adopted. Mr. Ferebee moved to amend the same section by inserting 11 162 CONVENTION JOUENAL. [Session after the word " age," in line 2, the words " shall have been a ■ resident of the State five years." Mr. Logan moved to amend the amendment by prefixing thereto the words " shall be a citizen of the United States and." Mr. Ferebee then modified his amendment by offering it to come in after the word "be," in line 1, and as thus modified it was adopted, and the amendment to the amenliment was withdrawn. Mr. Moore, of "Wake, moved to insert the word " shall " after the word " and " in line 6 of the same section, and it was agreed to. He then moved to punctuate with a semicolon after the word " fee," at the end of line 7, and it was agreed to. Mr. Ward moved to amend the same section as follows : " Strike out all after the word ' and,' in line 4, to the word ' possess,' in line 5, and insert the words 'shall at the time of said election.' " And it was not adopted. Mr. Polk moved to amend section 8 by inserting after the word " age," in line 2, the words " shall have resided in the State five years ;" and the amendment was adopted. Mr. Joyce moved to strike out all after the word " election," in line 4 of section 8. Mr. Moore, of Wake, moved to amend the clause proposed to be stricken out by inserting the word "shall " before the word " continue," in line 5 ; and it was agreed to. He then moved to insert, after the word " land," in line 6, the words " in fee, or for his own life," and punctuate with a semicolon after " life ;" and the amendment was rejected — yeas 31, nays 48. Mr. Warren moved to amend the same clause by striking out " a freehold" from line 7, and inserting " a freehold of" after the word " represents " in line 6 ; and the amendment was adopted. The question then recurred on the motion of Mr. Joyce to strike out, and it was decided in the negative — yeas 46, nays 54 ; the yeas and nays being ordered, on motion of Mr. Sloan. i8'66.] CONYENTION JOURNAL. 163 Those who voted in the affirmative are : Messrs. Adams, Baker, Bingham, Bradley, Bryan^ Bynum, Clark, Dick, Dickey, Ellis, Forkner, Foy, Gahagan, Garland, "Garrett, Grissom, Harris of Guilford, Harris of Rutherford, Harrison, Haynes, Howard, Jackson, Jarvis, Johnston, Jones of Davidson, Jones of Henderson, Joyce, Logan, Love of Jackson, Lyon, McCauley, McCorkle, McDonald of Chatham, McLaughlin, Norfleet, Person, Richardson, Settle, Sloan, Smith of Johnston, Smith of Wilkes, Stephenson, Stewart, Swan, Ward, Williams — 46. Those who voted in the negative are : Messrs. Alexander, Allen, Bagley, Baines, Barrow, Berry, Boyden, Brickell, Burgin, Buxton, Caldwell of Burke, Galdwell of Guilford, Conigland, Cowper, Eaton, Faircloth, Ferehee, Gilliam, Godwin, Hodge, Joyner, King, La^h, Love of Chatham, Manly, McKoy of Sampson, McKay of Harnett, McDonald of , Moore, McGehee, Mclvor, 'N. A. McLean, Nat. McLean, McRae, Moore of Chatham, Moore of Wake, Murphy, Odom, Patterson, Pearsall, Perkins, Phillips, Polk, Rumley, Rush, Smith of Anson, Spencer of Hyde, Spencer of Mont- .gomery, Starbuck, Walkup, Warren, Willey, Wilson, Wright, Winburne — 54. Mr. Caldwell, of Burke, oifered an amendment, in the form of a separate section, to come in after section 8, but withdrew it, and gave notice that he would offer it as an amendment to article 5. Mr. Moore, of Wake, moved to amend section 9 by striking out of lines 1 and 2 the words " being a citizen of the United States ;" and it was agreed to. He also moved to strike the same words out of lines 1 and 2 of section ten, and the motion prevailed. Mr. Barrow moved to strike section 11 out of this article, and insert it in article 6 ; and the motion prevailed. Mr. Ferebee moved to amend section 18 by transposing go as to make it read, in lines 1, 2 and 3, " the GeneralAssembly of North-Carolina do enact as follows ;" and the amendment was agreed to. 164 CONVENTION JOURNAL. [Session Mr. Phillips moved to amend the same section by striking out of line 1 the words " arid laws ;" arid it was agreed to. lilr. Manly moved to substitute " do " for " does " in the same sectiori as amended, and the motion did n6t prevail. Mr. Grissom moved to amend section 19 so as to require bills and resolutions having the force of laws to be read on three different days, and it was not agreed to. Mr. Howard moved to amend the same section by striking out of line Sf the word " Speakers," arid inserting the words " presiding officers ;" and the amendment was adopted, Mr. Grissom moved to strike out section 20 ; but aftfer soriie discussion, by consent, withdrew the motion. Mr. Phillips moved to transpose the words of the section so that the words "to the best of bis knowledge and belief" shall come in after the word " is ;" and it was agreed to. He also moved to amend by striking out of line 3 the word " constitutionally," and inserting after the word " qualified '' the words " according to the Constitution of the State ;"' and the motion prevailed. Mi% Bingham then renewed the motion of Mr. Grissom to strike out the 20th section ; and it was decided in the negative, Mr, Logan moved to amend section 24 by striking out all after the word '' days, " in line 8, and it was not agreed to. Mr. Ellis moved to amend the section by striking out all b.etween the word " and " in line 8, and the same word in lin® 10, and the chair ruled the amendment out of order, the Convention having just refused to strike out that part of the section. Mr. Buxton moved to amend by inserting after the word ^' counties," in line 5, the words " cities or towns ;" and the jjaotion prevailed. Mr, MeRae moved to amend section 31 as follows ; ■" After the word ' Treasurer^' in line 3, insert ' and Coun- coloTS of State,' and strike out the word ' and,' as it stands in t '-Ixe printed copy." ^nd the .amendment was adopted. 186e.] COiTYSirTrON JOUENAL. 16S A3JTICLE m. EXECUTIVE DEPARTMENT. Mr. Person moved to strike out of lines 1 and 2, section 1, tli6 words " Lieutenant-Governor." On this motion lie asked the jea.s and nays, and they were not ordered. The question was put on strilcing out, and deeided in the negative. Mr. Moore, of "Wake, moved to amend section 2 by striking out of line 2 and 3 the words " shall be a native citizen of the United States or," and the amendment was adopted. Mr. Logan moved to amend as follows ': "After the worl 'and,** in line 6, insert the wofde *for the same time.' " And it was not adopted. He also moved to amend the Satoe section by inserting after the word " therein " the words " five hundred acres of land in fee simple ;" and the amendment was ilot agreed to. Mr. Howard moved an amendment to section 3 as follows ■: " In line 5, after the word ' as ' insert the words * Lieuten- tot-Governor or.' " Pending the question on this amendment, Mr. Dick moved to postpone the further consideration of the Constitution until •±:30 p. m., and the motion was agreed to. The houi' having arrived, the Ooilvention took a recess until •4 o'clock* Aj'TERls^OON' SESSIOlSr, June 2^^v>, 1866. The Convention re-assembled at 4 o'clock. The committee on enrollments reported the following as correctly enrolled, and the samfe were ratified in open Con- vention : The Ordinance extending the time for the settlement of the puSlic taxes of the Sheriife alid Tax Collectors of this State, and 166 CONVENTION JOUKNAL. [Sessiofl, An Ordinance to divorce Jane F. HaTens and Thomas J; Havens. Mr. Moore,- of "Wake, moved to take up (246) An Ordinance concerning the bonds of the State, and put it on the third reading ; and the motion prevailed. The ordinaice was read the third time. Mr. Manly moved to amend as follows : " In line 5,- strike out the words ' not less than one-third,-' and insert ' a certain definite proportion ;' " and the amend- ment was adopted. Mr. Moore, of "Wake, moved to amend by striking out the proviso and inserting the following ; " And the said banks may convert itito national currency" or stocks so much of their specie as they shall deem advisable s Provided, however, That the funds which may be thus sub- stituted for specie, shall not be used otherwise than the specie itself could be used under' their charters, and the assignments made under the late act enabling the baliks of the State to close their business." Aiid the amendment was adopted. On the question of the final passage of tlie ordiutocej Mr^ Jones, of Davidson, asked the yeas and naySj and they were not ordered. The ordinance then passed the third readings — yeas 4Y, naye 26, and ■Was ordered to be enrolled. Mr. Love; of Jacksoil, moved that tlie Ordiiiance (1T2) of the calendar be made the special order for to-marrow 10 o'clock, a: m;; knd the rriotion did riot prevail. Mr. Furches asked and obtained leave to record his vote in the afiirmative on the motion of Mr. Joyce this morning, to strike out the property qualification for members of the House of Commons. The hour of 4:30 having arrived, the Convention resumed the consideration of the Constitution, the question being on the motion of Mr. Howard to section 3, article 3, and the amendment was adopted. Mr. Moore, of "Wake, moved to amend the same section«by 1866.] CONVENTION JOUENAL. 167 striking out all after the word "years," in the 5th line, and the motion was not adopted— yeas 32, nays 35. Mr. McKae moved to amend section 6 as follows : " After the word ' Court,' in line 5, insert ' or Judge of the Surperior Courts.' " And it was not agreed to. Mr. Moore, of Wake, moved to change " oath " to " oaths," in line 3 ; and the motion prevailed, Mr. Boyden moved to amend section T as follows : " In line 21 substitute ' his ' for ' their ;' in line 3 ' he is ' for ' they are,' and in line i ' he has been ' for ' they have been severally,' and in same line ' office ' for ' offices.' " And the amendments were adopted. Mr. Howard moved to amend section 20, of article 2, as follows : " Strike out ' constitutionally qualified,' and insert ' qualified imder the Constitution.'" And it was adopted. Mr. Howard then proposed, in section 9, article 3, to place a comma for the semicolon after the word " Assembly " in line 6, and a semicolon for the comma after the word " direct," in line 7 ; and it was agreed to. Mr, McCorkle moved to amend the same section as follows: " Add at the end of the section the words ' and shall have power to convene the General Assembly in extra session at any time when in his opinion the exigencies of the State may require it." Mr. N. A. McLean moved to amend the amendment by in- serting, after the word " power," the words " by and with the advice of the Council of State ;" and the amendment was accepted by Mr. McCorkle ; and as thus asiiended the amend- ment was adopted. [Mr. Winston asked and obtained leave to record his vote in the negative, on the motion of Mr. Joyce this morning to strike out the property qualification for members of the House of Commons.] Mr. Howard moved to amend section 9 of the Constitution, 168 CONVENTION JOUENAL. [Session article 3, by inserting after the word " which," in line T, the word " latter ;" and it was adopted. Mr. Wright moved to amend section 11 as follows : " After the words ' House of Commons,' in line 6, strike out all and insert ' and for such time as there shall be no Speakers in fact, the persons last acting as such shall be deemed Speakers for the purpose aforesaid." And the amendment was adopted. Mr. McEae moved to amend section 12 by adding the words "or Judge of the Superior Courts ;" and the amendment was not agreed to. Mr. Moore, of Wake, moved to strike out section 15. Mr. Buxton moved to amend the section proposed to be stricken out as follows : " Strike out all after the word ' and,' in line 2, and insert ' shall receive for his services the same compensation which • shall be allowed the Speaker of the House of Commons, and no more ; and during the time he administers the government as Governor, shall receive the same compensation which the Governor would have received, and no more." Mr. Howard offered a substitute for the amendment of Mr. Buxton as follows : " The Lieutenant-Governor shall, as presiding officer of the Senate, receive the same compensation as shall bfe allowed the Speaker of the House of Commons, and shall receive no otheir pSLj while acting as Lieutenant-Governor." After some discussion of the 3menovided, Said incorpor- 176 COJ^-VENTION JOURNAL. [Session ated town, being other than that in which the county seat is located, shall contain three hundred inhabitants." And it was adopted. Mr. Bynum moved to strike out "six years," and insert " during good behavior ;" and it did not prevail. Mr. Patterson moved to amend section 10 by striking out " two," and inserting " three," and it was not adopted — yeas 31, nays .33. The question recurred on striking out section 10 and insert- ing the substitute of Mr. McKay, of Harnett, as modified. Mr. Howard moved a division of the question. The motion prevailed, and the question was put on striking out, and decided in the affirmative — yeas 82, nays 13, the yeas and nays being ordered, on motion of Mr. Sloan. Those who voted in the affirmative are : Messrs. Adams, Allen, Barrow, Berry, Bingham, Boyden, Bradley, Brickell, Bryan, Burgin, Buxton, Bynum, Caldwell of Burke, Caldwell of Guilford, Conigland, Dick, Dickey, Eaton, Faircloth, Forkner, Ferebee, Furches, Gahagan, Gar- land, Garrett, Gilliam, Godwin, Grissom, Henry, Howard, Jackson, Jarvis, Johnston, Jones of Davidson, Jones of Hend- erson, Jones of Eowan, Joyce, Joyner, Lash, Love of Chatham, Love of Jackson, Lyon, Manly, McCauley, McCleese, McCorlde, McKoy of Sampson, McKay of Harnett, McDonald of Chatham, McGehee, Mclvor, IST. A. McLean, E"at. McLean, McLaughlin, McRae, Mebane, Moore of Chatham, Moore of Wake, Murphy, Norfleet, Odom, Patterson, Pearsall, Perkins, Phillips, Polk, Rush, Settle, Sloan, Smith of Anson, Smith of Wilkes, Spencer of Hyde, Spencer of Montgomery, Starbuck, Stephen- son, Walkup, Ward, Warren, Williams, Wilson, Winburne, Winston, Wright— 82. Those who voted in the negative are ; Messrs. Alexander, Baker, Ellis, Harris of Guilford, Harris of Rutherford, Harrison, Haynes, King, Logan, McDonald of Moore, Smith of Johnston, Stewart, Swan— 13. Mr. Wilson offered the following to section 10 : ' Provided, That for such counties as fail to make elections as aforesaid, the members of the General Assembly may 1866.] CONVENTION JOURNAL. 117 i-ecotnmend, and the Governor commission, suitable persons as Justices of the Peace, not however, exceeding the number above fixed." And it was not adopted. Mr. King offered an amendment as follows : " That the Justices of the Peace within the respective counties of this State shall, in future, be recommended to the Governor for the time being by the representatives in General Assembly, and the Governor shall commission them accord- ingly ; and the Justices, when so commit^^ioned, shall hold their offices during good behavioi', and shall not be removed from office by the General Assembly, unless for misbehavior, absence or inability." And it was not adopted. Mr. Baker moved to strike out of the substitute " six years," and insert " four years," and it was not agreed to. The question recurred on inserting the substitute, and it was decided in the affirmative. Mr! Howard moved to strike out section 11, and the motion prevailed. Mr. Starbuck moved the following as section 11 : " No person shall be eligible to the office of Justice of the Peace, who at the time of his election is not the owner of taxable property of the value of three hundred dollars." And it was not adopted. Mr. Moore, of Wake, moved to amend article' 4, section 1 , line 5, by inserting the words " and laws " before the word "may," and it was adopted— yeas 60, nays 14. He then ofltered as a separate section to come in after sec- tion 6 : " The lieutenant-Governor shall possess the same qualifica- tions for office, as are required of the Governor, and shall hold his office for the like time," and it was adopted. Mr. Love of Jackson offered the folloM'ing : " In article 4, section 4, in lines 1 and 2, after the word ' Court ' strike out the words ' and Superior Courts of law and Courts of Equity,' and in line 3, after the word ' behavior,' and before the word ' and,' insert the words 'and Judges of 12 178 CONVENTION JOURNAL. [Session the Superior Courts of Law and Courts of Equity^ shall liold their offices for the term of eight years,' " And it was not adopted. Mr. Ward moved to amend section 1, article 5, as follows; " Strike out the first ' and ' in line 2, and insert the word ' or,' and it was adopted. Mr. Caldwell, of Burke, introduced the following as a sep- arate section, to come in after section. 1 : " No member of the Senate or House of Commons shall be eligible to any office within the gift of the General Assembly,, during the term for which he may be elected." Oh which he asked the yeas and nays, and the same being ordered — ^resulted in the affirmative, yeas 64, nays 28, Those who voted in the affirmative are : Messrs. Alexander, Allen, Baines, Baker, Barrow, Bingham^ Boyden, Bradley, Brickell, Bryan, Burgin, Caldwell of Burbe^ Caldwell of Guilford, Conigland, Dick, Dickey, Forkner, Ferebee, Gahagan, Garland, Garrett, Godwin, Harris of Rutherford, Harrison, Haynes, Hodge, Jackson, Johnston^ Jones of Henderson, Jones of Rowan, Joyce, King, Lash, Logan, McCorkle, McKoy of Sampson, McDonald of Chatham, Mclvor, N. A. McLean, Nat. McLean, McLaughlin, Mcllae, Moore of Chatham, Murphy, Norfleet, Patterson, Pcarsall, Perkins, Person, Phillips, Rush, Sloan, Smith of Anson, Smith of Johnston, Smith of Wilkes, Spencer of Montgomery, Starbuck, Stephenson, Stewai't, "Walkup, "Ward, Williams, W^ilson, Winburne, Wright — 64. Those who voted in the negative are : Messrs. Adams, Bagley, Berry, Buxton, Bynum, Eaton, Faircloth, Gilliam, Grissom, Harris of Guilford, Henry, Howard, Jarvis, Jones of Davidson, Joyner, Love of Jackson, liVon, Manly, MeCauley, McKay of Harnett, McDonald of Moore, Moore of Wake, Odom, Settle, Spencer of Hyde, Swan, Warren, Winston — 28. Mr. Caldwell, of Burke, moved to strke out of section 3 all of the word " State," in line 3. On which he asked the yeas and nays, and the same being ordered, resulted in the negative — yeas 20, nays 63. 1866.] CONVENTION JOURNAL. 179 Those who voted in the affirmative are : Messrs. Adams, Alexander, Allen, Baker, Bryan, Burgin, Buxton, Caldwell of Burke, Faircloth, Forkner, Gahagan, Jones of Henderson, Joyce, Joyner, Lash, McDonald of Moore, McRae, Starbuck, Stewart, "Ward, Wright — 20. Those who voted in the negative are' Messrs. Bagley, Baines, BaiTow, Berry, Bingham, Boyden, Brickell, Bynum, Caldwell of tjuilford, Conigland, Dick, Dickey, Eaton, Furches, Garreflt, Gilliam, Godwin, Grissom, Harris of Rutherford, Haynes, Hodge, Howard, Jarvis, John- ston, Jones of Davidson, Jones of Rowan, King, Logan, Love of Jackson, Lyon, Manly, McCauley, McKoy of Sampson, McDonaW of Chatham, McGehee, N. A. McLean, Nat McLean, McLaughlin, Moore of Chatham, Moore of Wake, Murphy, Norfleet, Odom, Patterson, Fearsall, Perkins, Person, Phillips, Polk, Rush, Settle, Smith of Anson, Smith of Wilkes, Spencer of Hyde, Spencer of Montgomery, Stephenson, Swan, Walkup, Warren, Williams, Wilson, Winburne, Winston — 63. He then moved to strike out " no " in line 1 of the same section and insert the word " every.'" On this question Mr. Stewart asked the yeas and nays, and the same being ordered, resulted in the negative — ^yeas 14, nays 67. Those who voted in the affirmative are : Messrs. Bryan, Burgin, (^aldwell' of Burke, Dick, Gahagan, Grissom, Harris of Rutherford, Henry, Jones of Henderson, Joyner, McDonald of Chatham, McDonald of Moore, Pear- sail, Stewart — 14. Those who voted in the negative are : Messrs. Adams, Alexander, Allen, Bagley, Baines, Baker, Barrow, Bingham, Boyden, Bradley, Buxton, Cald^vell of Guilford, Conigland, Eaton, Faircloth, Forkner, Ferebee, Furches, Garrett, Godwin, Harrison, Haynes, Hodge, Howard, Jackson, Johnston, Jones of Davidson, Jones of Rowan, Joyce, King, Logan, Love of Jackson, Lyon, Manly, McCauley, McKay of Harnett, McCxehee, Mclvor, N. A. McLean, Nat. McLean McLaughlin, McRae, Moore of Chatham, Moore of Wake, Ji^urphy, Norfleet, Odom, Perkins, Person, Phillips, ISO ■ COlSrVEN'TIOISr journal. [Session Polk, Eush, Settle, Smith of Anson, Smith of Wilkes, Spencer of Hyde, Spencer of Montgomery, Starbuck, Stephenson, Swan, Walkup, Ward, Warren, Wilson, Winburne, Winston, Wright— 67. Mr. Bjnura offered the following amendment : " Provided, That this section shall only apply to such clergymen and preachers as have publicly advocated the doc- trine of secession." And it -was not adopted. Mr. Joyce offered the following : " No officiating ministev of the gospel shall be eligible to a seat in the General Assembly or Council of State ;" as a sub- stitute for the section under consideration. Mr. Howard asked a division ot the question. The motion was agreed to, and the question being put on striking out. On this question Mr. Stewart asked the yeas and nays, and resulted — yeas 16, nays 65. Those who voted in the affirmative are : Messrs. Bradley, Bryan, Caldwell of Burke, Dick, Dickey, Grissom, Harris of Kutherford, Playnes, Jones of Henderson, Joyce, McDonald of Chatham, McDonald of Moore, Pearsall, Stewart, Walkup, Ward — 16. Those who voted in the negative are : Messrs. Adams, Alexander, Allen, Bagley, Baines, Baker, Barrow, Bingham, Boyden, Burgin, Buxton, Bynum, Caldwell of Guilford, Conigland, Eaton, Ellis, Faircloth, Forkner. Ferebee, Furches, Gahagan, Garrett, Godwin, Harrison, Henry, Hodge, Howard, Jackson, Johnston, Jones of Davidson, Jones of Kowan, King, Logan, Love of Jackson, Lyon, Manly, McKoy of Sampson, McKay of Harnett, McGehee, Mclvor. N. A. McLean, McLaughlin, McRae, Moore of Chatham, Moore of Wake, Murphy, Norfleet, Odom, Perkins, Person, Phillips, Polk, Rush, Settle, Smith of Anson, Smith of Johnston, Sm,ith of Wilkes, Spencer of Hyde, Spencer, of Montgomery, Starbuck, Stephenson, Swan, Warren, Wilson. Winburne, Winston, Wright — 65. 1866.] CONVENTION JOUENAL. 181 Mr. Barrow offered the following as a separate section to come in after section 4 : "No Justice of the Peace shall he capable of receiving any appointment of office of profit, not judicial, which by law may be filled by the Justices or by the County Court of any County." And it was not adopted. Mr. Moore, of Wake, mored to amend as follows : " In section 5, line 1„ strike out ' Judge ' and insert ' Jus- tice ;' after ' or ' in same line insert ' Judge,' and in line 5,- before ' Judge ' insert ' Justice or ;" and it was agreed to. Mr. McTvoy, of Sampson, offered the following as a separate section to article 5, to come in after section 5 : " The Judges of the Supreme and Superior Com'ts of Law and Equity, shall not be eligible, during their continuance in office, to any other office within the gift of the State." And it was not adopted. Mr. Caldwell, of Guilford, moved to strike out section 7. Mr. Ploward moved to amend the amendment by striking out the words " or deemed eligible to such office or place." This amendment was accepted by Mr. Caldwell, of Guilford-, in lieu of his own, and the question being put thereon, it was not adopted. Mr. Moore, of "Wake, moved to amend section 8 by insert- ing after the word " person," in line 4, the words ^' and a citizen of the United States ;" and it was agreed to. He then offered the following as section 9 : " No person shall be deemed a wliite person who may have one-sixteenth or more of negro blood," Mr. Walkup moved to amend the proposed section by strik- ing out " sixteenth " and inserting " eighth ;" and it was not adopted, Mr. Phillips offered as a substitute for the proposed section the following : " The term white person, as used in this Constitution, shall include all who have less than one-sixteenth of negro blood." And it was adopted. Mr. Boyden moved to amend article 6, section 1, by substi- l82 CONVENTION JOtlMAL.- [Sessiofl tuting " Justice " for " Judge," in the first line, and the mo- tion prevaliled; Mr. Moore, of "Wake,- offered to amend section 7 bj adding thereto the words "and every person adjudged guilty of manslaughter and discharged^ shall be deemed to be par- do'rled ;" and it was adopted. Mr. Jones, of Rowan, proposed the following : " In Article 7j section 4, lines 1 and 2, strike out the words ' lirhere there is a strong presumption of/ and insert ' who has not been pretiottsly conricted of " And it W£ts tiot adopted. M ■ Manly moved to amend article 7,- section 9, as follows; " Strike out all after the word ' State,' in line 2, and insert ' before entering on its duties, shall take an oath faithfully to discharge the same, and also an oath to the State, as prescribed by law." The hour of recess having nearly arrived^ Mr. Howard moved to extend the time for recess until the third reading of the Constitution be Completed, and the motion prevailed. Mr. Grissom then moved to amend the amendment of Mr. Manly by adding thereto the words "no other," and the amendment was not agreed to. The question then recurred oil the amendment of Mr. Manly. On which he asked the yeas and nays, which being ordered, resulted — yeas 16, nays 62. Thos6 who voted in the affirmative are : Messrs. Bagley, Berry, Conigland, Ferebee, Howard, Joyner, Love of Jackson, Manly, McCorkle, McKoy of Sampson, McDoilald of Chatham, Person, Smith of Johnston-, Spencer of Hyde, Winburne, Wright — 16. Those who Voted in 'the negative are : Messrs. Adams, Alexander, Allen, Baines, Baker, Barrow^ Bingham, Boydeh, Bradley, Brickell, Bryan, Burgin, Buxton, Caldwell of Btirke, Caldwell of Guilford, Dick, Dickey^ Faircloth, Forkner, Ful-ches-, Gahagan, Garland, Garrett, Godwin, Grissom, Harris of Guilford, Harris of Eutherford, Harrison, Haynes, Henry, Hodge, Jackson, Johnston, Jones IMG.] CONVENTION JOUKNAL. 183 of Henderson, JonsB of Eowan, Joyce, I^ng, Lyon, McKay of Harnett, McDonald of Moore, Melvor, Nat. McLean, McLanghlin, Moore of Wake, Norfleet, Odom, Patterson, Phillips, Polk, Rush, -Settle, Sloan, Smith of Anson, Smith of Wilkes, Starbuck, Stephenson, Stewart, Walkmp, Ward, War- ren, Williams — 62. Mr. Forkner introduced the following as a separate section: " The General Assembly shall provide by law for the ex- emption from sale under execution or other process for debts contracted afier the first "d-ay of January, one thousand eight hundred and sixty-seven, a homestead in land in favor of «very head of a family, who may be the owner thereof, except for taxes." Mr. Smith, of Johnston, moved to amend by ^.ddirag, after the word "land," the words •" of not more than one hundred acres," and it was ^ot adopted. The question recurred on the proposition of Mr. Forkner, and decided in the affirmative — ^yeas 45, nays 35, the yeas and nays being ordered, on motion of Mr. Forkner. Those who voted in the affirmative are : Messrs. Adams, Alexander, Baker., Berry, Bradley, Brickell, Bryan, Caldwell of Burke, Conigland, Dick, Dickey, Ellis, Forkner, Ferebee, Gahagan, Garland, Garrett, Grissom, Harris of Guilford, Harris of Rutherford, Harrison, Haynes, Henry, Hodge, Jackson, Jones of Henderson, Joyce, Joyner, King, Love of Jackson, Lyon, McKoy of Sampson, McDonald of Chatham, McRae, Phillips, Richardson, Rush, Settle, Sloan, Smith of Johnston, Smith of Wilkes, Starbuek, Stewart, Ward, Williams — 45. Those who voted in the negat-ive are- Messrs. Allen, Bagley, Baines, Barrow, Bimgham, Boyden, Burgin, Buxton, Caldwell of Guilford, Eaton, Faircloth, Furches, Gilliam, Godwin, Howard, Jarvis, Joiies of Rowan, McCorkle, McDonald of Moore, McGehee, McIvor, Nat. McLean, McLaughlin, Moore of Wake, Norfleet, Odom, Patterson, Person, Smith of Anson, Spencer of Hyde, Stephen- son, Walkup, Warren, Winburne^ Wright— 35. 184 CONVENTION JOUENAL. [Session Mr. Starbuck offered the following as an amendment to article 8, to come in at the end : " Nor unless snch amendment shall be submitted to and i-atified by the majority of the qualified voters at the polls." And it was not agreed to. And here ended the consideration of the Constitution and amendments thereto, and the question recurred on its final passage. Mr. Phillips moved that the vote upon this question be postj)oned, in order to allow him to make a motion intimated by him, and the motion prevailed. He then moved to reconsider the vote by which (245) An Ordinance concerning the banks of the State passed the third reading on yesterday, and it was agreed to. He then proposed to amend the same as follows : " Strike out the words ' and the said banks may,' and insert the words ' so far as to allow said banks to.' " The amendment was adopted, and as thus amended, the ordinance again passed the third reading and was ordered to be enrolled. Then on motion of Mr. Ferebee, the Convention took a recess until 5 o'clock. AFTERNOON SESSION, Juite 23rd, 1866. The Convention re-assembled at 5 o'clock. The Committee on enrolments reported, as correctly enrol- led, the following, which were ratified in open Convention : A Kesolution in favor of Theo. N. Kamsay. An Ordinance concerning the banks of the State, and A Resolution to pay the Commissioners appointed to report to the General Assembly on the subject of Freedmen. Mr. Starbuck asked that the present committee on enrol- ments be discharged, and it was agreed to. The President then appointed Messrs. Moore, of "Wake, Phillips and Eaton, as CH>mmittee of enrolments for the re- mainder of the session. I860.] COl^VENTION JOUENAL. 185 Messrs. Logan and "Wilson asked and obtained leave to re- coi-d their votes in tlie affirmative on Mr. Forkner's amend- ment to the Constitution providing for homesteads, and Mr. Logan in the negative on Mr. Manly's amendment in regard to official oaths. Mr. Boyden moved to take up (229) An Ordinance to amend the 25th section of chapter 66, of the Eevised Code, and the motion prevailed. The ordinance was read the second time and passed the second reading. Then, on his motion, the rules were suspended, the ordin- ance read the third time, and informally passed over. Mr. Moore, of Wake, introduced (2i7) A Eosolution in favor of E. S. Tucker, which was read and adopted, and ordered to be enrolled. Mr. Sloan, for the select committee, appointed to report in regard to the safe keeping and publication of the ordinances of the Convention,,reportedx (248) An Ordinance in relation to the deposit and publication of the ordinances and I'esolu- tions of the Convention, which passed the several readings under a suspension of the rules after some amendments, and was ordered to be enrolled. Mr. Logan moved to take from the table (2i3) An Ordinance to empower the Justices of the several counties to borrow money in certain cases, and for other purposes, and tlie motion did not prevail. Mr. Moore, of "Wake, moved to resume the consideration of (136) the Constitution and amendments thereto, and the motion prevailed. The question was on the final passage. On which Mr. Eaton asked the yeas and nays, and the same being ordered, the Constitution, as amended, passed the third reading — yeas 03, nays 30. Those who voted in the affirmative are : Messrs. Adams, Alexander, Baines, Baker, Berry, Boyden, Bradley, Bryan, Burgin, Buxton, Bynum, Caldwell of Burke, Caldwell of Guilford, Dick, Dickey, Forkner, Furches, Gahagan, Garland, Garrett, Godwin, Harris of Guilford, 186 CONVENTION JOUKNAL. [Session Harris of Rutherford, Harrison, Haynes, Henry, Hodge, Jackson, Johnston, Jones of Henderson, Jones of Kowan, Joyce, King, Logan, Love of Jackson, McOanley, McCorkle, McKay of Harnett, McDonald of Chatham, McDonald of Moore, Mclvor, McLaughlin, McRae, Moore of Wake, Murphy, Norfleet, Patterson, Phillips, Polk, Eush, Settle, Sloan, Smith ■of Anson, Smith of Wilkes, Stai'buek, Stephenson, Stewart, Swan, Walkup, Ward, Williams, Wilson, Wright — 68. Those who voted in the negative are : Messrs. Allen, Bagley, Barrow, Bingham, Brickell, Conig- 'land, Eaton, Faircloth, Ferebee, Gilliam, Grissom, Howard, Jarvis, Joyner, Lyon, Maniy, McKoy of Sampson, McGehee, N. A. McLean, Nat. McLean, Odom, Pearsall, Perkins, Person, 'Richardson, Sihith of Johnston, Spencer of Hyde, Warren, Winburne, Winston — 30. Mr. Moore, of Wake, introduced (249) An Ordinance sub- rmitting to the qualified voters of fhe State the ratification or rejection of the Constitution adopted by the Convention, *wliich was read -and passed the first reading. The rules were, on motion, suspended, the ordinance read the second time and amended by filling the 'blanks, then passed the second and third readings, and was ordered 'to be enrolled. The President announced a communication from the Public Treasurer in regard to the payment of interest on certain bonds of the State, which was read — whereupon Mr. Wright introduced (250) A Resolution in reference to the payment of interest on the pTiblic debt of the State. Mr. Caldwell, of Guilford, moved to lay the resolution on the table, and it was not agreed to. Mr. Howard offered the following amendment: " That the Public Treasurer make no discrimination between different dlasses of said debt, in the payment out of the Treas- ury of interest on the same, and shall make no payment of interest until provision is made by the General Assembly for •the same." Mr. Adams moved to take up for consideration (243) the Ordinance empowering Justices to borrow money, &c., and it 1866.] C0N7ENTI01S' JOUKNAL. 187 ■was agreed to, the question being its passage on the second reading. Mr. Boyden moved to amend so as to restrict the counties borrowing money under the ordinance to six per cent interest, and to exchange their bonds at par, and the amendment was adopted. Mr. Odom offered the following as an additional section : " That nothing in this ordinance shall be so construed as to authorize the Justices of the Peace of any county to borrow money, or lay a tax to raise money for the purpose of paying any debt in any county in aid of the late rebellion, either directly or indirectly." To this amendment Mr. Howard offered the following ; " Provided, further, That this section shall not be construed to restrain the counties from paying obligations incurred to support soldiers families." Before any action was taken on these amendments, Mr. Phillips moved to suspend the rules in order to allow hiui to make a motion which he intimated, and the motion prevailed. He then moved that the hour for adjournment, sine ■ die, on Monday, be changed from 8 o'clock, a. m., to 1 o'clock, p. m., and it was agreed to by the Convention. Mr. Porkner moved -to adjourn until to-rtiorrow morning at 9 o'clock. Mr. Phillips moved to amend the motion by substituting 8| o'clock this evening, and it was not agreed to. The question was then put on the motion of Mr. Porkner and decided in the negative. The consideration of (-S43) was resumed. Mr. Howard withdrew his amendment to the amendment of Mr. Odom. Mr. Odum withdrew his amendment. Mr. Grissom renewed the amendment of Mr. Odom. Mr. Person renewed the amendment of Mr. Howard. Mr. Harris, of Kutherford, then moved to lay the whole su"bject on the table, and the motion prevailed. 188 CONVENTION JOUBNAL. [Session Mr. Eichardson moved to take np and consider (218) An Ordinance in regard to salaries and fees, and the motion did not prevail. Mr. Ferebee introduced the following resolution, which was unanimously adopted ; " Resolved, That the thanks of the Convention are due and are hereby tendered to the Hon. E. G. Eeade, the President thereof, for the able, dignified and impartial manner with which he has presided 'over its deliberations." Mr. Caldwell, of Burke, moved to ttike up and consider (23Y) An Ordinance to authorize the President of the Western North-Carolina Railroad to borrow money, and it was not agreed to. Mr. McKay, of Harnett, introduced the following: " liesolved, That the Secretary of State furnish one copy of the journals of both sessions of this Convention to each member of this Convention, and the officers thereof, and one copy of the ordinances of this session to each member and the officers thereof; also, ten copies of both journals and ordinances to be deposited in the office of the Secretary of State." And it was adopted and ordered to be enrolled. Mr. Wright, by consent, introduced (251) An Ordinance in reference to the payment of a portion of the public taxes into the Treasury of the State; which passed the several readings, under a suspension of the rules, and was ordered to be enrolled. Mr. Winburne moved to take up (186) An Ordinance for the relief of Thomas ]). Fleury, and the motion prevailed. The ordinance was then read the second and also the third time, under a suspension ot the rules, passed the second and third readings, and was ordered to be enrolled. Mr. Furclies asked to suspend the rule and allow him to present an ordinance in regard to the town of Mocksville, and the Convention refused. Mr. Grissora moved to take up (23Y) An Ordinance to ■authorize the President of the Western North-Carolina Eail- 1866.] CONYENTION" JOUENAL. ' 189 road Company to borrow money, and the motion did not prevail. Mr. Ferebee moved to adjourn to 9 o'clock Monday morn- ing- Mr. Love, of Jackson, moved to amend by substituting " 7 for 0," and it was agreed to. The President having resumed the Chair, arose and said : Gtidhmcn of the Convention: I thank you lor the compli- ment contained in your resolution, but especially for the courtesy which has made my task so easy, and my intercourse with you so agreeable. We shall not meet again — gray hairs tell that — but the incidents of our pleasant intercourse and arduous duties will be cherished in memory as long as we live. Let us return to our constituents and commend to them the results of o\ir labors, not as that which is perfect, but as that which is the best that we could do. May a kind Providence spare you for much usefulness, and bless our country with great prosperity until she shall seem to be, what in truth she is, " The queen of tbe -world and the child of the skies." The question was then put on the motion of Mr. Ferebee, as amended, and carried in the affirmative, and The President declared the Convention adjourned to 7 o'clock Monday morning. MONDAY, June 25th, 1866. The Convention met pursuant to adjournment. The reading of the journal of Saturday was dispensed with. Mr. McEae offered a resolution that the ordinances ordered to be published in the Standard and Sentinel be published also in the Progress. 190 CONVENTION JOUENAL. [Session He moved to suspend the rules and put the resolution on its passage ; and the motion did not prevail. Mr. Patterson introduced the following, which was adopted under a suspension of the rules : " Resolved, That it shall be the duty of the enrolling clerk to prepare a duly authenticated copy of the ordinance sub- mitting to the qualified voters of the State the ratification or rejection of the Constitution adopted by the Convention, to be transmitted by the President of this Convention, by mail, to his excellency, Andrew Johnston, President of the United States." Resolved, That the Enrolling Clerk, while employed in such siervice, be allowed, in the discretion ot the President of the Convention, compensation not exceeding his present per dietn. The resolution was ordered to be enrolled. Mr. Harris, of Rutherford, moved to take from the table (243) An Ordinance to authorize the Justices of the several coiinties to borrow money, and put the same on its second and third readings ; and the motion prevailed. The pending question was on the amendment of Mr. Per- son to the amendment of Mr. Grissom, and the vote being taken thereon, the amendment was rejected. The question was then put on the amendment of Mr. Gris- som, and it was not adopted. Mr. Harris, of Kutherford, then moved to amend the ordi- nance so that its provisions should only apply to the counties of Polk, Eutherford, Cleaveland, Davidson, Henderson, Wilkes, Cherokee, Clay, New Hanover, and Martin, and the amendment was adopted. Mr. Dick moved to strike out of section — "6 per cent," and insert " 8 per cent," and the amendment was adopted, and as thus amended the ordinance passed the second and third readings, and was ordered to be enrolled. Mr. Caldwell, of Burke, moved to take up and put on its second and third readings (237) An Ordinance to authorize the President of the "Western North-Carolina Eailroad Com- pany to borrow money. isee.] COKTENTION- JOITENAL. 191 On this motion Mr. Eaton asked the yeas and nays, which were ordered, and resulted — yeas 22, nays 24, not a quonun voting ; so the motion was lost. Those who voted in the affirmative are : Messrs. Bryan, Burgin, Byuum, Caldwell of Burke, Dick, Dickey, Gahagan, Harris of Kutherford, Harrisouy Haynes, Henry, Jackson, Jones of Henderson, Joyce, Love of Jackson, McCorkle, Mclvor,. McEae, Patterson, Smith of "Wilkes, Stewart, Walkup— 22. Those who voted in the negative are : Messrs. Adams, Alexander, Bagley, Berry, Boyden, Buxton . Caldwell of Guilford, Eaton, Faircloth, Ferebee, Gilliam, Jones of Kowan, McKay of Harnett, McGehee, Moore of Wake, ]S"orfleet, Perkins, Pliillips, Polk, Euslj, Smith of Anson, Swan, Warren, Williams^24. Mr. McEae moved to take up (218) An Ordinance in rela- tion to salaries and fees, and the motion did not prevail. Mr. Furches asked to suspend the rules,, to allow him to introduce an ordinance intimated by him, and it was agreed to. He then introduced (252) An Ordinance with regard to the incorporation of the town of Mocksville, which passed the several readings, under a suspension of the rules, and was ordered to be enrolled. Mr. Bynum, by consent, introduced (253) A Eesolution concerning Confederate securities and State securities, issued during the war, now in the Treasury, which was adopted, under a suspension of the rules, and was ordered to be en- rolled. On motion of Mr. Moore, of Wake, the word "section" was substituted for the word " clause," in section 11, article 4, of the Constitution. The Committee on Enrolments reported the following ordinances and resolutions as correctly enrolled, and the same were duly ratified in open Convention : An Ordinance with regard to the incorporation of the town of Mocksville, in Davie county. 192 CONVENTION JOUENAL. [SesBioii An Ordipance to empower the Justices of the several coun- ties to borrow money in certain cases, and tpr other purposes. Resolution to send copies of certain ordinances to the President of the United States. An Ordinance in relation to the deposit and publication of the ordinances and resolutions of the Convention. An Ordinance in reference to the payment of a portion of the public taxes into the Trea,sury of the State. Kesolution concerning Confederate securities and State se- curities, issued during the war, now in the Treasury. Resolution to supply delegates of the Convention with copies of the ordinances and journals. Resolution in relation to the payment of interest on the public debt of the State. A resolution in favor of R. S. Tucker. An Ordinance for the relief of Thomas D. Fluery. The Constitution of North-Carolina, and An Ordinance submitting to the qualified voters of tlie State the ratification or rejection of the Constitution adopted by the Convention. Then, at one o'clock, p. m., pursuant to resolution, The President declared the Convention adjourned " with- out day." JAMES II. MOORE, Secretary to Convention. i]>ri>E:x PAGE. Governor's Message and Accompanying Documents, 4 Report of Public Treasurer, 136 YEAS AND NAYS. Vote on motion to lay on table resolutions to adjourn, - 13 " " " to table an amendment to resolution to adjourn con- cerning a Convention in 1871, 17 Vot€ on adoption of resolution in relation to James H. Page, - 18 " to lay on table ordinance concerning General Amnesty, 33 " to lay on table resolution in favor of W. H. Harrison^ - 34 " to lay on table ordinance concerning debts of State to be here- after contracted, 35 " on amendment of Mr. Love, of Jackson, to same, 28 " to lay on table resolution concerning questions to be considered by Convention, 30 " to lay on table ordinance concerning elections of Clerks and Sheriffs, 31 " on amendment of Mr. Moore, of "Wake, to Constitution, 40 " on amendment of Mr. Mebane to same, 41 " to lay on table an amendment to resolution declaring what has been done and what is necessary to restore the State to the Union, 45 " on amendment to Section 15, Article 11 of Constitution, - 49 " on amendment Section 3, Article III, 50 " " " Section 1, " S3 " to lay on table resolution concerning evening sessions, - 59 " on adjournment, 60 " on motion to suspend the rules, '63 " on No. 118, - - 64 " on ordinance concerning the crime of assault with intent to commit rape, - " on amendments to Section 4, Article IV, ' ' 71, 73 " " " Sections, " V3 69 rSDEX.. FAGE, Tote on motion to suspend Tules, . ' "^^