OR. 1TT8 
 
 'Pant, 
 
 4Sos 
 
 Duke University Libraries 
 
 Resolution auth 
 Conf Pam #503 
 
State Convention.] [May, 1861. 
 
 Ordered to be Printed. 
 
 '^ — ^. 
 
 S^me'& Hall, Printers to the Convention. 
 
 PtESOLUTION AUTHORIZING AND KE(^UESTING 
 THE PRINTERS TO THIS CONVENTION TO PRINT 
 1,G00 COPIES OF CERTAIN PUBLIC ACTS PASSED 
 AT THE EXTRA SESSION OF OUR PRKSENT IiE<;- 
 ISLATURE. 
 
 /u '.>•(,/(•«'(/, That the I'liiitors to thi.s Couventiou be ami thev 
 are hereby :uithori/ed and requested to print, (as soon as possi- 
 ble) 150 copie.^ of each of the public acts passed at the extra 
 session of our present Legislature. 
 
 Resolved fvrfher, That the Secretary of State be and he is 
 hereby authorized to furnish the Printers to this Conventifni 
 with duly authenticated copies of the following acts, viz : 
 
 An Act to Repeal the r)th section of the T(3th chapter of the 
 Revised Code, entitled "Oaths." 
 
 An Act to raise ten thousand State Troops. 
 
 An Act for Patrr-l. 
 
 An Act to define and punish Treason against this State, mid 
 other oftcnees ajrainst the sovereignty of the State, 
 
 Resolution concerning Post Offices and Post Roads. 
 
 An Act concerning Taxes. 
 
 An Act to provide against the sacrifice of property, and to 
 suspend civil process in certain cases. 
 
 An Act to provide ways and means for Public defence. 
 
 An Act to provide for the time when Volunteers shall be pai<I 
 for their services. 
 
 An Act to authorize the County Courts and Corporate Towns 
 axtd Cities to lay taxes for public purposes. 
 
2 - State Coxvention. [May, 
 
 AN ACT TO REPEAL THE otii SECTION OF THE 
 76th CHAPTER OF THE REVISED CODE ENTITLED 
 "OATHS." 
 
 Sec. 1. Be it enacted by the General Assembly of the /State 
 of North Carolina, and it is hereby enacted by the authority of 
 the same, That the fifth section of the 76th chapter of the Re - 
 vised Code be and the same is hereby repealed, and that it shall 
 not be lawful to administer to any officer within this State any 
 oath or affirmation to support the Constitution of the United 
 States. 
 
 Sec. 2. Be it farther enacted, That this act shall be in force 
 from and after its ratification. 
 
 Read three times and ratified in General Assembly, this 2d 
 day of May, A.D.I 861. 
 
 \V. T. DORTCH. S. H. C. 
 HENRY T. CLARK. S. S. 
 
 AN ACT TO RAISE 10,000 STATE TROOPS. 
 
 Sec. 1. Be it enacted by the General Assembly of the State' 
 of North Carolina, and it is hereby enacted by the authority of 
 the same, That the Governor shall immediately after the passage 
 of this act proceed to raise by voluntary enlistment, a division 
 or corps of ten thousand men to serve during the present war 
 unless sooner discharged ; the troops of this corps shall be known 
 as the State ti'oops of North Carolina. 
 
 Sec. 2. Be it further enacted,lA\d^i this division shall consist 
 of a corps of artillery and engineers, one regiment of cavalry, 
 and eight regiments of infantry, light infantry and riflemen, to 
 be recruited under the general direction of the Governor, and 
 in conformity with such regulations as he may prescribe. 
 
 Sec. 3. The corps of artillery and engineers shall consist of Rot 
 exceeding eight companies or batteries of light and heavy artil- 
 
186].] State Co^sVentiox. 3 
 
 Jciy, with one colonel, chief of artillery and engineers ; one lieu- 
 tenant colonel ; two majors ; (one quarter master, and one com- 
 missary with the rank of first lieutenant, and one adjutant, all 
 to be appointed by the colonel, the last from the first lieutenants 
 «jf the corps ;) one sergeant major ; one quarter master sergeant ; 
 ten captains ; sixteen first lieutenants, and sixteen second lieu- 
 tenants. Each company shall consist of one first sergeant ; one 
 quartermaster sergeant ; three sergeants, four corporals, two 
 buglers; two artificers : (and in addition for each light company, 
 one farrier and one blacksmith ;) and ninety privates. Each 
 company to have one captain and four lieutenants, to be as- 
 signed by the colonel or other commanding oflScer. The chief of 
 the corps shall detail such commissioned officers as may be nec- 
 essary to perform the duties of the engineer and ordnance de- 
 partments. Officers so detailed are subject at any time to be 
 relieved from such duties by the chief. All officers of this corps 
 shall be subject to the same rules and regulations, as to com- 
 )nand, which govern the officers of infantry and cavalry : Provi- 
 ded^ That officers specially detailed on engineer and ordnance 
 duty shall not assume or be ordered on any other duty while so 
 detailed, except by order ef the commander-in-chief. 
 
 Sec. 4. The regiment of cavalry shall consist of one colo- 
 nel one lieutenant colonel, two majors ; (one commissary and one 
 juartermaster with the rank of first lieutenant, and one adju- 
 tant with the rark and command of first lieutenant, all of whom 
 shall be appointed by the colonel ;) one sergeant master : one 
 quartermaster scargeant; one commissary sergeant, and ten 
 tioops ; each troop shall consist of one captain ; one first lieu- 
 tenant, two second lieutenants ; one first sergeant: one quarter- 
 master-sergeant ; four sergeants, four corporals, two buglers, 
 one farrier, one saddler, and from sixty-four to ninety privates. 
 Each regiment of infantry, light infantry or riflemen shall con- 
 sist of one colonel, one lieutenant colonel, one major ; (one com- 
 missary and one quartermaster, with the rank of first lieuten- 
 ant, and one adjutant with the rank and command of first lieu- 
 tenant, all to be appointed by the colonel:) one sergeant-major, 
 
4 State Convention. [Mav. 
 
 cne quartermaster-sergeant : one commissary-sergeant : and ten 
 companies. Each company to consist of one captain, one first 
 lieutenant, and two second lieutenants ; one first sergeant, four 
 sergeants, four corporals, two musicians and from sixty-four to 
 ninety privates. 
 
 Sec. 5. This corps or division shall have the fullowing officers 
 in addition to those already provided for, xh : one major-general : 
 three brigadier-generals : one quartermaster and paymaster 
 general ; one adjutant and inspector general, and one commissary 
 general, all with the. rank of colonel, and one surgeon-general. 
 with the assimilated rank of colonel, six assistant adjutants and 
 inspectors-general, to rank as follows : one lieutenant-colonel : 
 one major and four captains ; eight assistant quartermasters and 
 paymasters general to rank as follows : one lieutenant-colonel, 
 two majors, and live captains ; six assistant commissaries general 
 of subsistence to rank as follows: one lieutenant-colonel, one 
 major, and four captains, ten surgeons, with the assimilated' 
 rank of maior, and not exceedinfj ten assistant sui'geons Tvith the- 
 assimilated raidv of captain, and ten with the assimilated rank 
 of first lieutenant, antl to each regiment one chaplain with 
 the pay of major, and one assistant chaplain with the pay of 
 captain. 
 
 Sec. 0. The Governor shall, by and with the advice and con- 
 sent of the Military Board , appoint the commissioned officci*s 
 provided for in this act, except the aids-de-camp. The com- 
 pany officers shall be appointed and ordered to recruit their 
 respective companies, and as soon as they can complete the 
 same to sixty-four privates, with the required non-commissioned 
 officers, and report the fact to the adjutant and inspector general,, 
 their commissions shall be issued and bear date from the time of 
 their appointment ; should any captain fail to raise his company 
 in a reasonable time, the Governor, by and with tlie consent of 
 the MilitJiry Board, may revoke, his appointment. 
 
 Sec. 7. The Major General may appoint two aids-de-ctimp 
 with the rank as follows ; one captain and one first lieutenant : 
 Brigadier Generals may appoint one aid-de-camp with the rank 
 of fii"St lieutenant, to be taken from the brigades. 
 
1861,] State Coxventiox. ^ 
 
 Sec 8. All the officers ami men of this division or corps, 
 shall, at and before their entrance into the service, take an oath 
 to be prescribed by the Governor, by and with the consent of 
 the military board, and shall also be subject to the rules, resu- 
 Jations and penalties of the articles of war, and army regula- 
 tions of the army of the Confederate States of America. 
 
 Sec. 9. The pay, clothing, subsistence and allowances, shall 
 be the same for officers and men, as are now provided by law 
 for the troops of the army of the Confederate States of America. 
 
 Sec. 10. The uniform of this corps shall be prescribed by 
 the Governor, on the recommendation of a board of competent 
 military officers to be assembled for that purpose. 
 
 Sec. 11. The Quarter Master and Pay Master (ieneral, the 
 Adjutant and Inspector General, the Commissary (icncral, and 
 the Surgeon General, together with their assistants herein pro- 
 vided for, shall also perform the duties belonging to their re- 
 spective departments for the volunteer and militia corps of the 
 state, when required by the Governor. 
 
 Sec. 12. The Quarter Master and Pay Master General, the 
 Commissary General and their assistants, and all other disburs- 
 ing officers shall, before entering upon their duty, give bond 
 with approved security, payable to the state, for the faithful per- 
 formance of their duties, in such sum as the Governor may 
 require. 
 
 Sec. 13. Every enlisted man shall receive a bounty of fifteen 
 dollars, payable when mustered into service. 
 
 Sec. 14. All laws and parts of laws inconsistent with this 
 act aie hereby repealed. 
 
 Sec. 15. This act shall be in force from and after its passage. 
 
 Read three times and ratified in the General Assembly, this 
 8th day of May, A. D. 18G1. 
 
 W. T. DORTCH, S. H. C. 
 HENRY T. CLARK. S. S. 
 
6 State Convention. [May,. 
 
 AN ACT FOR PATROL. 
 
 Be it enacted by the General AssemhJy of the State of 
 North Carolina^ and it is hereby enacted by the authority of 
 the same. That three Justices of the Peace, if they deem it ne- 
 cessary, shall have the power to assemble at any time and at 
 any place within their district, when a patrol is needed, and 
 then and tiiere appoint and employ such a number of persons a8 
 they may think necessary to patrol said district ; said patrol to 
 be under the same rules and reguletions as are prescribed in 
 chapter 83, of the Revised Code. 
 
 Read three times and ratified in General Assembly, this 9tl! 
 day of May, A. D. 1861. ' 
 
 W. T. DORTCH, S. H. C. 
 HENRY T. CLARK, S. S. 
 
 AN ACT TO PROVIDE FOR THE PUBLIC DEFENCE, 
 
 Sec. 1. Be it enacted by the Creneral Assembly of the State 
 of North Carolina^ and it is hereby enacted by the authority 
 of the sa^ne. That in order to provide speedily, forces to repei- 
 invasions, and aid the Confederate States of America, in main- 
 faining the rightful possession of every portion of territory be- 
 longing to each Southern State, and to secure the public tran- 
 quility and independence against threatened assaults, his Ex- 
 cellency, the Governor, by the advice of the Military Board, be, 
 and he is hereby authorized to employ the militia, military and 
 naval forces of this State, and to ask for, and accept the servi- 
 ces of twenty thousand volunteers wlio may offer their services 
 either as cavalry, mounted riflemen, artillery or infantry, in 
 such proportion of these several arms, as he may deem expedi- 
 ent to serve for twelve months after they shall be mustered into 
 service, unless sooner discharged, with power on the part of the 
 Governor to increase said volunteer force to the number of fifty 
 thousand, if the public exigencies demand it. 
 
1861.] State Convention. 7. 
 
 Sec. 2. Be it further enaeted, That the Governor shall arm, 
 clothe and equip said volunteers, except as to mounted men, 
 when mustered into service, and each mounted volunteer shall 
 furnish his own horse and equipments. 
 
 Sec. b. Be it further enacted, That said volunteers shall, 
 when called into actual service, and while remaining therein, be 
 subject to the rules and articles of war of the Confederate States 
 of America, and instead of clothing, every non-commissioned of- 
 ficer or private in any company, shall be entitled, when called 
 into actual service, in money, to a sum equal to the cost of 
 clothing of a non-comuii.^sioncd officer or private in the regular 
 army of the Confederate States of America, in case said non- 
 commissioned officers or privates shall furnish their own cloth- 
 ing. 
 
 Sec. 4. Be it further enacted, That the said volunteers so 
 offering their services may be accepted by the Governor, by the 
 advice of the Military Board, in companies, squadrons, batta- 
 lions or regiments, and the several companies and troops are 
 hereby authorized to elect their own officers Avho, when elected, 
 shall be commissioned by the Governor. 
 
 Sec. 5. Be it further enaeted. That the Governor, with the 
 advice of the Military Board, is hereby authorized to organize 
 companies so tendering their services, into battalions or squad- 
 rons, b^ttalions or sqadronc into regiments, and regiments into 
 brigades, and brigades into divisions whenever, in his judgment, 
 such organization may be expedient ; and whenever brigades or 
 divisions as well as regiments shall be organized, the Governor. 
 by and with the r.dvice of the Military Board, shall appoint the 
 commanding officers for such brigades and divisions, in the man- 
 ner hercinafcer directed, who shall hold their offices only while 
 such brigades and divisions are in service, and such officers so 
 appointed shall have power to appoint staff officers of like num- 
 ber and like rank, as officers of the same rank in the regular 
 army of the Confederate States of America are empowered to 
 appoint. 
 
8 State Convention. May, 
 
 Sec. li. Be it further enacted, That ■whenever said volun- 
 teers are called and received into service under the provisiorirt 
 of this act, they shall have the same organization, and shall 
 liave the same pay and allowance as may be provided for the re- 
 gular army of the Confederate States of America ; and all mount- 
 ed non-commissioned officers, privates, musicians and artificers 
 shall be allowed forty cents per day for the use and risk of their 
 horses. For horses killed in action, or dying in actual service^ 
 volunteers shall be allowed compensation according to their ap- 
 praised value at the date of muster into service, and the Gover- 
 nor shall have suoh appraisement made. 
 
 Sec. 7. Be it further enacted. That the Governor, by and 
 with the advice and consent of the Military Board, shall ap- 
 point a Major-General for each division of said corps of volun- 
 teers, and a Brigadier-General for each Brigade, and the com- 
 missioned company officers of each regiment, shall elect a Col- 
 onel, Lieutenant-Colonel and Major for such regiment. 
 
 Sec. 8. Be it further enacted, That whenever said volun" 
 teers shall be called into service in such numbers that the of- 
 ficers of the Quarter-Master, Commissary and Medical depart- 
 ments are not sufficient to provide for the supplying, quartering, 
 transporting and furnishing them with the requisite medical at- 
 tendance, it shall be lawful for the Governor to appoint as many 
 additional officers of said depo.rtments, as in his judgment the 
 public service may require, with such rank as like officers hold 
 in the regular army of the Confederate States of America, and 
 with like pay and allowances, and the Governor is hereby re- 
 quired to exact of the public officers who are subordinate to 
 him in the military department, such bonds with good sureties 
 for the faithful performance of their duties, as in his judg- 
 ment the public safety may require him to demand. 
 
 Sec. 9. Be it further enacted, That the Governor may pre- 
 scribe rules for the government and drilling of said volunteers^ 
 and have printed and distributed such works and treatises en 
 military science, as he may deem expedient, the expenses of 
 such printing and distribution to be paid out of the public Trea- 
 sury. 
 
1861. State Convention. 9 
 
 Sec. 10. That tlie Governor shall have power to muster said 
 companies, squadrons, battallions, regiments or divisions into 
 service at any point in the State where he may designate, and 
 to form encampments of the same at such places as he may 
 deem expedient ; and, he is further authorized to tender the 
 services of said volunteer force, or any part thereof, to the 
 Confederate States of America, and have them mustered into 
 the service of said Confederate States of America, or any one 
 
 of the slaveholding States. 
 
 Sec. 11. That said volunteers, both officers and privates, 
 shall be entitled to the same pay and allowances and emolu- 
 ments as are allowed to the officers and privates in the regular 
 army of the Confederate States of America. 
 
 Sec. 12. That each company organized under this act, shall 
 consist of not less than sixty-four privates, nor more than one 
 hundred, unless tlie Governor shall otherwise direct, and each 
 company shall be officered by one captain, one tirst lieutenant, 
 6ne second lieutenant, and one third lieutenant, who shall rank 
 a brevet second lieutenant, to be elected by the vote of the com- 
 pany, and commissioned by the Governor, and four sergeants, 
 and four corporals, to be appointed by the respective captains. 
 
 Sec. lo. That in the distribution of the arms of the State 
 to the volunteer corps, the Governor may, at his discretion, re- 
 quire a bond payable to the State of North Carolina, with suf- 
 ficient security from tlie captain of eacli company to whom 
 such arms shall be distributed, for the safe keeping and return 
 of the same. 
 
 Sec. 14. That the Governor shall have power to appoint such 
 drill masters for companies, squadrons, battallions, volunteers or 
 regiments, with such rank as he may assign them, as in his 
 opinion the safety and defence of the State may require. 
 
 Sec. lo. That the Governor may fix and designate the uni- 
 form of the several companies, and in default of such designa- 
 tion by the Governor, each company may determine upon its 
 own uniform. 
 
 Sec. 16. That all laws and clauses of laws which are in con- 
 flict with this act, be, and the same are hereby repealed. 
 
10 State Convention. [May, 
 
 Sec. 17. That each volunteer shall be entitled to antl receive 
 on the day he is mustered into the service, a bounty of ten dol- 
 lars, to be paid out of the Public Treasury. 
 
 Sec. 18. That this act shall be in force from and after its 
 ratification. 
 
 Read three times and ratified in General Assembly, this lOtb. 
 day of May, A. D. 1861. 
 
 W. T. DORTCH, S. H. C. 
 HENRY T. CLARK, S. S. 
 
 AN ACT TO DEFINE AND PUNISH TREASON 
 AGAINST THE STATE OF NORTH CAROLINA, 
 AND OTHER OFFENCES AGAINST THE SOYER 
 EIGNTY OF THE STATE. 
 
 Sec. 1. Be it enacted hy the General Ai<semUy of the State- 
 of North Carolina, and it is hereby enacted by the authority of 
 the same, That treason shall consist only in levying war against 
 this State ; or in adhering to its enemies, giving them aid and 
 comfort ; or in establishing, -without the authority of the Gene- 
 ral Assembly, an_y government Avithin its limits separate froia 
 the existing government ; or in holding or executing in such 
 usurped government any office, or professing allegiance or fidel- 
 ity thereto, or assisting the execution of laws under color of 
 authority from such usurped government : and such treason, if 
 proved by the testimony of two witnesses to the same overt act, 
 or by confession in open court, shall be punished with death. 
 
 Sec. 2. Be it furtlier enacted, That if any free person, know- 
 ing of any such treason, shall not, as soon as may ]y^, give in- 
 formation thereof to the Governor of this state, or to some con- 
 servator of the peace, such person shall be punished by fine and 
 imprisonment, at the discretion of the court. 
 
 Sec. 3. Be it further enacted, That if any free person ad- 
 vise or conspire with a slave to rebel or to make insurrectiori. 
 
)8r>l.] State Conventipx. 11 
 
 in thife state, or with person to induce a slave to rebel or make 
 insurrection, such person shall, upon conviction, suffer death, 
 whether such rebellion or insurrection be made or not. 
 
 Sec. 4. Be it further enacted, That this act shall be in force 
 from and after its ratification. 
 
 Read three times and ratified in General Assembly, this 11th 
 day of May, A. D. 1861. 
 
 W. T. DORTCII, S. II.. 0. 
 HENRY T. CLARK, S. 8. 
 
 RESOLUTIONS CONCERNING POST OFFICES AND 
 POST ROADS. 
 
 Resolved, That in the event the mail service in this State 
 should be discontinued, His^Excellency, the Governor, be autho- 
 rized and empowered to take charge of the post-oflices, and to 
 provide a continuance of the mail service on such routes now in 
 operation as he may deem the public interest requires, until 
 such time as provision shall be made for the same, cither by the 
 convention or at some future session of the General Assembly. 
 
 Resolved further. That to enable the Governor to carry into 
 execution the foregoing resolution, he be authorized to collect 
 postage at the rates now charged, and to draw on the Public 
 Treasurer for such sums of money as may be necessary to de- 
 fray the expenses over and above the receipts from postage. 
 
 Read three times and ratified in General Assembly, this llth 
 day of May, A. D. 18G1. 
 
 AV. T. DORTCH, S. H. C. 
 HENRY T. CLARK, S. S. 
 
12 Si;ate Convention. [Ma;7, 
 
 AN ACT CONCERNING TAXES. 
 
 Sec. 1. Be it enacted hy the G-eneral Assembly of the State 
 JSi^orth Carolina^ and it is hereby enacted by the authority of the 
 satyie, That no person shall hereafter be compelled to list for 
 -taxation any pistol, sword cane or bowie knife, nor shall any 
 person be compelled to pay taxes npon such articles, except upon 
 such as have heretofore been listed. 
 
 Sec. 2. JBe it further enacted. That this act shall be in force 
 from and after its ratification. 
 
 Read three times and ratified in General Assembly, this 11th 
 day of May, A. D. 1861. 
 
 W. T. DORTCH, S. H. C. 
 HENRY T. CLARK, S. S. 
 
 AN ACT TO PROVIDE AGAINST THE SACRIFICE 
 OF PROPERTY AND TO SUSPEND PROCEEDINGS 
 IN CERTAIN CASES. 
 
 Sec. 1. Be it enacted by the Groieral Assembly of the State 
 ■of Nortli Carolina and it is hereby enacted by the authority of 
 the same. That no execution of fieri facius ox venditioni exponas 
 founded upon a judgment in any suit or action for debts and 
 jlemands due on bonds, promissory notes, bills of exchange, 
 covenants for the payment of money, judgments, accounts, and 
 all other contracts for money demands, or contracts for specific 
 articles, other than those upon oificial bonds or in favor of the 
 state, or against non-residents, shall be issued from the passage 
 of this act, by any court of record or magistrate, for the sale of 
 property, until otherwise provided by law ; nor shall there be 
 any sales under deeds of trust or decrees, unless by the consent 
 of pai'ties interested, until otherwise provided by law. 
 
 Sec. 2. Where such executions have issued and are now in the 
 hantls of officers, whether levied or not, the ofiicer having such ex- 
 
1861.] State Convention. 1-> 
 
 ecations shall return the same to the magistrate or court from 
 whence they issued, without further execution thereoi, and execu- 
 tions upon the same judgments shall not issue again until the 
 operation of this act ceases : l*rovvled, That this act shall not 
 be construed to discharge the lien which lias already been 
 acquired by the taking out such execution. 
 
 Sec. 3. There shall be no trials of any cases reijuiring the 
 Intervention of a jury, nor upon warrants before a Justice of tht- 
 Peace in any suit or action for debts or demands due on bonds, 
 promissory notes, bills of exchange, covenant.s for the payment of 
 money, judgments, accounts, and all other contracts for money 
 demands, or contracts for specific articles. 
 
 Sec. 4. This act shall not apply to liabilities upon the part 
 of public officers, either to the state, counties, corporations, or 
 individuals; nor to state, county or corporation taxes: nor to 
 debts hereafter contracted ; nor to debts due the state : nor to 
 debts due from non-residents ; nor to tlie annual collection of 
 interest : Provided, That no note, bill (»f acceptance, or other 
 obligation, the consideration of \Yhich is any debt or obligation 
 at present existing, shall be held or considered as a debt here- 
 after contracted. 
 
 Sec. •'"). The interest which has accrued since the first day of 
 January. A. D. IStJ], or which may hereafter accrue upon any 
 bond or promissory note which was payable before the passage 
 of this act, may be collected l)y action of debt or assumsit, be- 
 fore any justice of tlie peace, if the amount of interest sued for 
 bo within his jin'isdiction : and if not, then in the county or su- 
 perior coiu'ts ; f-^rov'/'ded, hoiret.rr, That no warrant or suit shall 
 be brought except for the interest of one year or more (always 
 making an even numbcr'i by computing the time from the day 
 when the interest upon such bond or promissory note began tr- 
 acer ue. 
 
 Sec. 6. That any person >\ho is about to remove his prop- 
 erty out of the state Avithout the consent of his creditors, slmll. 
 not be entitled to the benefit of this act. 
 
14 State Conventiox. [May, 
 
 Sec. 7. That all mortgages and deeds in trust for the bene- 
 fit of creditors hereafter executed, whether registered or not, 
 and all judgments confessed during the continuance of this act, 
 shall be utterly void and of no effect. 
 
 Sec, 8. The time during which this law is in force shall not be 
 computed in any case where the statute of limitation comes in 
 question. 
 
 Sec. 9. That this act shall be in force from and after ita 
 ratification. 
 
 Read three times and ratified in General Assembly, this lltii 
 • day of May, A. D. 1861. 
 
 W. T. DORTCH, S. H. C. 
 HENRY T. CLARK, S. S. 
 
 AX ACT TO PROVIDE WAYS AND MEANS FOR 
 PUBLIC DEFENSE. 
 
 Sec. 1. Be it enaeted by the General Assembli/ of the State 
 ■of North Carolina, and it is hereby enaeted hy the authority of 
 the same, That five millions of dollars, or so much thereof as 
 may be necessary, be and the same is hereby appropriated to 
 meet the demands iipon the Public Treasury, for the next en- 
 smiiig two years, w^'hich sum shall be raised and provided for in. 
 the way and manner following. 
 
 Sec. 2. Be it further enacted, That the Public Treasurer is 
 hereby authorized and required at as early a day as practicable, to 
 Ihiave suitably prepared and to issue Treasury notes payable to 
 "bearer, upon the faith and credit of the state, to the amount of 
 five hundred thousand dollars of the various denominations of 
 five, ten, twenty-five, fifty, one hundred, and two hundred cents, 
 in the following proportions, viz : Ten thousand dollars in bills 
 or notes of five cents ; ten thousand dollars in notes or bills of 
 len cents; twenty-five thousand dollars in bills or notes of 
 twenty-five^cents : fifty thousand dollars in bills or notes of fifty 
 
1861.] State Convextiox. 15 
 
 cents ; two hundred and five thousand dollars in bills or notes of 
 one hundred cents, or one dollar ; and two hundred thousand 
 dollars in bills or notes of two hundred cents or two dollars, which 
 notes shall bear no interest, and which shall be recievable in 
 payment of all public dues, and redeemable in specie or current 
 notes on or before the first day of January, eighteen hundred 
 and sixty six. 
 
 Sec. 3. Be it further enacted^ That the Public Treasurer is 
 hereby authorized and required to negotiate a loan with the 
 several banks of the state, for a sum not exceeding in the aggre- 
 L;ate one million of dollars, for which he shall issue the bonds of 
 the state, renewable annually and bearing six per cent interest, 
 payable at the end of each and every year, and which bonds 
 fchall be payable at sucli time as the Legislature may hereafter 
 direct. 
 
 Sec. 4. B< it further ena'teJ, That if the above sum of one 
 million and five hundred thousand dollars shall not be suflBcient 
 to meet the demands upon the Public Treasury during the next 
 two years, then in that case, the Public Treasurer is hereby 
 authorized and required to issue Treasury notes upon the faith 
 and credit of the state, to the amount of one million dollars, in 
 notes of the various denominations of three, four, five, ten, 
 twenty, fifty and one hundred dollars, and the total amount of 
 ■each respective denomination shall be as nearly as may be the 
 same, which notes shall bear no interest, and are hereby made 
 and declared to be receivable in payment of all public dues ; 
 these notes shall be made payable to bearer, signed by the pub- 
 lic treasurer and countersigned by the Comptroller. The Pub- 
 lic Treasurer and Comptroller shall each provide a book, in 
 which shall be kept an accurate account of all the notes of the 
 various denominations paid out 'under the various provisions of 
 this act, and also an accurate account of all sums returned, 
 which books shall at all times be open to the inspection of the 
 Oeneral Assembly, and for the keeping cf such books they shall 
 each, if absolutely necessary, be allowed to employ some suita- 
 ble person to act as clerk. 
 
16 State Convention. [May. 
 
 Sec. 3. Be it further enacted, That if the above sum of two 
 millions and live hundred thousand dollars, as above provided 
 for, shall be insufficient to meet the demands on the public Trea- 
 sury during the next two years, then and in that case, the pub- 
 lic Tre^asurcr is hereby authorized and required to borrow the 
 further sum of five hundred thousand dollars in the same way 
 and manner as provided for in the ord section of this act. 
 
 Sec. 6. Be it further enucted, That if the sum of three mil- 
 lion dollars, as above provided for, shallnot ))e sufficient to meet 
 the demands upon the public Treasury during the next t^vo 
 years, then and in that case, the Public Treasurer is hereby 
 authorized and required to issue the additional sum of five hun- 
 dred thousand dollars in Treasury notes, in the same way and 
 manner, in all respects, as provided for in the fourth section of 
 this bill. 
 
 Sec. 7. 7>r it fu.rther enitct<'d. That if the above sum of 
 three million and five hundred thousand dollars shall not be suf- 
 ficient to meet the demands upon the public Treasury during 
 the next two years, then and in that case, the Public Treasurei- 
 is hereby authorized and required to borrow from the several 
 banks, a sum not exceeding seven hundred and fifty thousand 
 dollars in the same way and manner as provided for in the third 
 section of this bill, and if that sum shall be insufficient to meet 
 the demands upon the public treasury during the next two years, 
 or if he should fail to negotiate a loan for such sum. or any 
 part thereof, he is hereby authorized and required to issue 
 treasury notes in the same way and manner, in all respects, as 
 provided for in the fourth section of this bill to an amount not 
 exceeding five million dollars, including the several amounts 
 authorized to be issued and borrowed by him under the various 
 sections and provisions of this bill. 
 
 Sec. 8. Be if fnrther eiiaeted. That no bank of this state 
 shall be required to resume specie payments while any portion 
 of the amounts above authorized to be borrowed from such bank 
 shall remain unpaid. 
 
18G1.] State Coxvextiox. 17 
 
 Sec. 9. Be it further enacted. That if any person shall false- 
 ly make,' forge or counterfeit, or cause the same to be done, or 
 willingly aid or assist therein, any note in imitation of, or'pur- 
 porting to be a treasury note issued by the authority of this 
 act, with the intent to defraud the state, the person so offendi nor 
 shall be deemed guilty of felony, and en conviction thereof in 
 the superior court, he shall be adjudged to stand in the pillorv 
 one hour, and receive thirty-nine lashes on his bare back, and 
 be imprisoned not less than six months nor more than three 
 years, and fined at the discretion of the court, and all or any 
 of such punishments may, at the discretion of the court, be in- 
 flicted. 
 
 Sec. 10. Be it further enacted, That if any person, either 
 directly or indirectly, whether for the sake of gain or with intent 
 to defraud or injure any other person, shall utter or publish any 
 false, forged or counterfeit notes, as is mentioned in the pre- 
 ceding section, or shall pass or deliver, or attempt to pass or 
 deliver, the same to another person, knowing the same to be 
 falsely forged or counterfeited, the person so offending shall, on 
 conviction thereof in the superior court, be punished in like 
 manner as is provided in the preceding section of this act. 
 
 Sec. 11. Be it further enacted. That this act shall be in force 
 from and after its ratification. 
 
 Read three times and ratified in General Assembly, this lltli 
 day of May, A. D. 18G1. 
 
 W. T. DORTCII, S. H. C. 
 HENRY T. CLARK, S. S. 
 
 AN ACT TO PROVIDE FOR THE TIME WHEN VOL- 
 UNTEERS SHALL RECEIVE PAY FOR THEIR 
 SERVICES. 
 
 Sec. 1. Be it enacted hy the General Assembly of the State 
 of North Carolina, and it is hereby enacted by the authority of 
 the same, That in all cases in which any company of volunteers 
 
18 State Convention. May, 
 
 may liave been, or may hereafter be, enlisted and organized un- 
 der the proclamation of his Excellency, the Governor, and shall 
 have been tendered to the Governor, the said volunteers shall 
 receive, from and after they have been so tendered and accept- 
 ed by the Governor, the same pay and rations, both the officers 
 and privates, as are received by volunteers, after they have 
 been mustered and received into the service of the state, and 
 that thereafter the expenses incurred by them in organizing, 
 and in their transportation previous to their being mustered and 
 received into serve, shall be refunded, whether the same shall be 
 incurred by the commanding officer of the company, counties, 
 corporations or individuals : Provided, ho2vever, Tliat proof 
 shall be made to the satisfaction of the Governor of the amount 
 they expended, and that the same was necessary and proper for 
 the volunteers aforesaid. 
 
 Sec 2. Be it further enacted, That the Governor shall have 
 power to draw upon the treasury for the sum necessary to carry 
 out the provisions of this Act. 
 
 Sec. 3. Be it further enacted, That this Act shall be in 
 force from and after its ratification. 
 
 Read three times and ratified in General Assemby this 11th 
 day of May, A. D., 1861. 
 
 WM. T. DORTCH, S. H. C. 
 HENRY T. CLARK, S. S. 
 
 AN ACT TO AUTHORIZE THE COUNTY COURTS 
 AND CORPORATE TOWNS AND CITIES TO LAY 
 TAXES FOR POLICE PURPOSES. 
 
 Sec. 1. Beit enacted by the Genercd Ansemhly of the State 
 of North Carolina , am d it is hereby enacted by the anthority 
 of the, same. That the Courts of Pleas and Quarter Sessions 
 of this State, a majority of the Justices being present, and 
 the Ma}'or and Cummi^oioners of incorjtoiated towns and 
 
1861.] State Convention. 19 
 
 cities shall have power to make appropriations of money, 
 and levy taxes upon all subjects of taxation now taxed for 
 State purposes, to raise the same for the purpose of raising, 
 equipping and paying any police force which they may deem 
 necessary for tlie protection of the citizens, or property of the 
 count)'', town or city, and for the further purpose of render- 
 ing aid and Rup])ort to the indigent families of persons en- 
 gaged in tlie military service of the State : and for these 
 ])urposes tlie said courts, towns or cities, shall have power to 
 horrow money upon the iaitli and credit of the county, town 
 or city, for which certificates shall he issued and signed on 
 behalf of the counties, by the chairman, and countersigned 
 by the clerk of the court, and on behalf of the towns and 
 cities by the })rosiding officer of the board of commissioners, 
 and countersigred l)y the secretary of said board. 
 
 Sec. 2. Be it further enacted, That said courts, towns 
 and cities, shall appoint agents to receive and disburse said 
 funds, and shall take from them bonds payable to the State, 
 with approved security, conditioned for the faithful perform- 
 ance of their duties, and accounting for, and paying over, 
 said funds to the proper persons ; and the said courts, towns 
 or city authorities shall direct to what object the money shall 
 be applied. 
 
 Sec. 3. Be if further enacted. That the taxes by this act 
 authorized, may be levied at any term, on the part of the 
 authorities of any town or city, and on the part of the coun- 
 ties, at any term of the court, and five Justices of the peace 
 shall have p3wer to call a special term, at any time, for the 
 purpose of taking this subject under consideration : Provi- 
 ded, That no business other than that contemplated by this 
 act, shall be transacted at such sjiecial terra. 
 
 Sec. 4. Be it further enacted, That said courts and cori)0- 
 rate authorities, shall have power to direct when, and in 
 what manner, the lists of said taxes shall be made out, and 
 the time and manner of collecting tlie same. 
 
 Sec. 5. Be it further ennrfed, That the sheriff or town 
 collector, and his .sureties, shall be liable upon their ctflicial 
 
20 State Convention. [May, 18G1. 
 
 bonds for faitlifully collecting and paying over tlie taxes au- 
 thorized by this act. 
 
 Kead three times and ratified in General Assembl}', this 
 11th day of May, A. D. 1861. 
 
 WM. T. DORTCH, 8. H. C. 
 
 HENRY T. CLARK, S. S. 
 
 STATE OF NORTH CAROLINA, \ 
 
 OFFICE OF SECRETARY OF STATE. / 
 
 I, Rufus H. Page, Secretary of State, in and for the State 
 of North Carohna, do hereby certify that the foregoing (ten 
 laws and one resolution) are true copies of the originals on file 
 in this office. 
 
 Given under my hand this 24th day of May, 1861. 
 
 RUFUS H. PAGE, 
 Secretary of State. 
 
pH8,5