ORDINANCES AND RESOLUTIONS I'AS8EI> FA TUK STATE CONVENTlOiX OF NORTH CAROLINA. Bt Its srlirval 5"r<:.sioiis in 18Gl-'LiQ. ORDINANCES AND RESOLUTIONS PASSED BY THE STATE CONVENTION OF NORTH CAROLINA. jFitst 5*ession in JMag antr S^nft 1S61 RALEIGH : JOH\ W. SYME, PRINTER TO THE CONVENTION. 1862. 7>, ^. ORDINANCES AND RESOLUTIONS OF THE STATE CONVENTION OP NORTH CAROLINA. FIRST SESSION IN MAY AND JUNE, 1861. #/'j AN ORDINANCE TO DISSOLVE THE UNION BE- [No. 1.] TWEEN THE STATE OF NORTH CAROLINA AND THE OTHER STATES UNITED WITH HER UNDER THE COMPACT OF GOVERNMENT ENTITLED THE CONSTITUTION OF THE UNITED STATES. We^ the people of the State of North Carolina, in Con- Repeals Ordi- vention assemhled, do declare and ordain, and it is hereby h|g"^Con8titu- declared and ordained, That the ordinance adopted by the t'°° "^i ^^^ . . f J United totates State of North Carolina in the Convention of 1789, whereby the Constitution of the LTnited States was ratified and adopted, and also, all acts and parts of acts of the Gen- eral Assembly, ratifying and adopting amendments to the said Constitution, are hereby repealed, rescinded and ab- ». rogated. We do further declare and ordain. That the union now Declares the subsisting between the State of North Carolina and the i'^h th/u! s' other States under the title of the United States of Amer- dissolved. ica, is hereby dissolved, and that the State of North Car- olina is in the full possession and exercise of all those rights of sovereignty which belong and appertain to a free and independent State. \_Ratified the 20th day of May, 1861.] UlQ-D o tr 4 State Cosvbxtiok. [May, [No. 21 AN ORDINANCE VKSTINCi IN TUE CONFEDER- ATE STATES OV AMERICA JURISDICTION OVER F LAND IN THE TOWN OF FAYETTEVILLE. N. C. (tnmuimrmtt^ Wr. th* P^'^plf of Notih Carolina, in Convention a»»em- t^A #w Aj^^ • • * »u.'A«. hltd, ,f ' ' : ' i it M hrrrbif tWlared and ordain' f the State of North Car- olirw in hereby cee authenticated by the signature of the Presi- dent and attestation of the Secretary and Assistant Secre- tary, and .vhall have the th»te of their final passage annexed thereto; from which date each ordinance and resolution shall take effect and go into operation, unles.s some other lime shall be therein appointed. [^liutifitd the 8th ihty of June, 18t;i.] pjo. 5.J RESOLUTION IN KAVOR OF h. W. JOYNER. I'usiM J{e»olvedy That the Treasurer be, and he i^ hereby uutiior- ized to pay L. W. Joyuer, ^ixty-eight dollars for services as clerk of tht* Military Committee. [^Uatifud the I5th .7,,„„r J,,,,,., 1801.] INu. O.J RESOLUTION TO AUTHORIZE THE FIRST REGI- MENT TO INSCRIBE -RETllEL'; ON THEIR COLORS. Tm>Iih"Ii.jU I Iiinolred, That this Convention, appreciating the valor and good conduct of the officers and men in the 1st Regi- ujent of North Cartdina Volunteers, do, as a testimonial of tin* Kame, authorize the said regiment to inscribe the word " Bethel " upon their regimental colors. [^Ratified the llth day of June, 18G1.J 1861.] State Convention. 7 AN ORDINANCE DEFINING TREASON AGAINST [No. 7.] THE STATE. Be it ordained hy this Convention, and, it is hereby consiitsiniery- ordained by the authority oj the same, as jollows : ireason against the State of North Carolina, shall consist only in levying way ngainst her, or in adhering to her enemies, ffivins: them aid and comfort. No person shall be convicted Two witneinet ® ^ . ^ . tocontict. of Treason unless on the testimony of two witnesses to the same overt act, or confession in open court. [Ratified the ISth day of June, 1861.] AN ORDINANCE REPEALING THE ACT OF THE [No. 8.] GENERAL ASSEMBLY CONVENING THE LEG- ISLATURE ON THE 25th OF JUNE, 1861. Be it ordained. That the resolution passed by the Gen- Abrogstw reso- ' _ _ / ♦' _ lution of Legii- eral Assembly at its late session providing for an adjourned '»t"''e> session of the said General Assembly on the 25th of June, 1861, be, and tlie same is hereby abrogated and annulled. Be it further ordained, That there shall be a session of Appoints a dsy. the General Assembly which shall convene on the 15th day of August next. [^Ratified the 19<7i day of June, 1861.] RESOLUTIONS FIXING THE COMPENSATION [No. 0.] OF OFFICERS OF THE CONVENTION, AND APPOINTING AN AUDITING COMMITTEE. Reiolved, That the President, Secretaries, Engrossing paiarief «o u Clerk and Doorkeepers of this Convention be allowed the i'^^ ed by the ' .... ... 1 /-I 1 i ,1 Oencriil .AMcm- came compensation which is paid by the General Assembly I'ly- to the officers who render similar services to that body. Resolved, That a committee of three be appointed, who contingent ei- shall, during the sitting or after the adjournment of the **"***■ Convention, audit and certify to the Governor all other State Convention. [June, e)aiai5 on acooant of the contingent expenses of the Con- ^ *ntion, «nd that they be authorized to allow three dollars per day ""d the Iravollin^ expenses of all messengers who may h<* tmployed by thi*- r..n\vnti<»n. \7iatlHt'>» of members chosen every second year by the people of the several States ; and the electors in each State shall be citizens of the Confederate States, and have the qualifica- tions requisite for electors of the most numerous branch of the State Legislature ; but no person of foreign birth, not a citizen of the Confederate States, shall be allowed to vote for any officer, civil or political, State or Federal. 2. No person shall be a Representative, who shall not Qnsiifirnfionsoi have attained the age of twenty-five years, and be a citizen '**"^*"'^''""'"^" of the Confederate States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. 3. Representatives and Direct Taxes shall be appor- Apportioumeut tioned among the several States, which may be included within this Confederacy, according to their respective num- bers, which shall be determined, by adding to the whole number of free persons, including those bound to service 10 ^TATE C0XVEN*TI0N\ [June, r»fii f,^,. <" \\ excluding Indians uul laxcd, tlj: The actual cuumeration shall be made within three years after the first meeting of the C- f the CunftMlerate State?, and within every sub- »4 J ... ni of ten year?, in .such manner as they shall by law direct. The number of Representatives shall not ex- ceed one for every fifty thousand, but each State pliall have at least one Rcprcbcntative ; and until such enumeration nhall be made, the Slate of South Carolina shall be entitled to choow six — the State of Georgia ten — the State of AV ' - viine — the State of Florida two — the State of M seven — the State of Louisiana six, and the State of Texas six. 4. ^Vhen vacanci< s hajiju-n in the representation from any SUilc, the Executive authority thereof .shall issue writs nf election to fill such vacancies. .*>. The House of Representatives shall choose their Speaker and other officers ; and shall have the sole power of impeachment; except that any judicial or other federal ' officer, resident and acting solely within the limits of any £t4ite, may be impeached by a vote of two-thirds of both brunches of the Lci'islaturc thei-cof. SECTION III. llMitArvllua. VarMK-tf* 1. The Senate of the Confederate States shall be coni- poseil of two Senators from each State, chosen for six years by the Legislature thereof, at the regular session next im- raea 1. The Senators anrirtl*j|«* . _ , . , '111 compensation lor tlicir services, to be ascertained liy law, and paid out of the treasury of the Confe1ki11 issue l)Ut upon probable cause, supported bj' ■ It II or Mllirmation, and particularly describing the place to be searched, and the persons or thinii; to be'scized. 10. No person shall be held to answer for a capital or f»therwise infamous crime, unless on a pres,entmcnt or indictment of a grand jury, except in cases arising in the lnnideul, if such a number be a majority of the whole number of electors appointed ; and if no person have such majority, then, from the persons having the highest num- bers, not excelling three, on the list of those voted for as President, the llousc of Representatives shall choose, of immediately, by ballot, the President. But in choosing *»u Ahf the President, the votes shall be taken by States, the rep- tbaOovMor . . ■ ur m auitTt rescntalioii from each State having one vote ; a quorum for this purpose shall consist of a member or members from two-thir. The President shall, at stated times, receive for his compensation, services a compensation, which shall neither be increased nor diminished during the period for which he shall Inive been elected ; and he shall not receive within that period any other emolument from the Confederate States, or any of them. 22 State Convention. [June, 10. Hoforc he enters on the execution of his office, he hhall t«kc the following oath or afliruiation : oaik iwi«in>d **I do Holemnly swear (or affirm) tliat I will l';iithfully execute the oflScc of the Trcsident of the Confederate States, and will to the best of my ability, preserve, protect, and defend the Constitution thereof.' SECTION II. PrMMrllt Vr rrmaTkl (luui 1. The rrcpideiit sliall he cninmaiMk-r-in-ehict' of the army and navy of the Confederate States, and of the militia of the several States, when called into the actual service of the Confederate States ; he may rc(iuirc the opinion, in writing, of tlie principal officer in each of tlie Executive Departments, upon any subject relating to the duties of their respective offices ; and he shall have power to grant reprieves and pardons for offences against the Confederate States, except in cases of impeachment. 2. lie shall have power, by and with the advice and " consent of the Senate, to make treaties, provided two- thirds of the Senators present concur; and he shall nomi- nate, and by and with the advice and consent of the Sen- ate, shall appoint ambassadors, other public ministers and consuls, Juilgc'S of the Supreme Court, and all other officers of the Confederate States, whoso appointments are not herein otherwise provided for, and which shall be established by law ; but the Congress may, by law, vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law or in the heads of Departments. JJ. The principal officer in each of the Executive Depart- ments, and all persons connected with the diplomatic ser- vice, may be removed from office at the pleasure of the President. All other civil officers of the Executive Depart- ment may be removed at any time by the President, or other appointing power, when their services are unneces- sary, or for dirthonesty, incapacity, inefficiency, misconduct, or neglect of duty ; an^ ris the Congress may by law have directed. section III. "^"'•'" 1. Treason agaiusi ilu- Confederate States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt :uct or on confession in open court. ^ 1861.] State ConventioiJ. 25 2. The Congress shall have power to declare the punish- runishmcin. ment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. ARTICLE IV. SECTION I. I 1. Full faith and credit shall be given in each State to state leiatious. the public acts, records and judicial proceedings of every other State. And the Congress may, by general laws, prescribe the manner in which such acts, records and pro- ceedings shall be proved, and the effect thereof. SECTION II. 1. The citizens of each State shall be entitled to all the Rights of dti- })rivileges and immunities of citizens in the several States, and shall have the right of transit and sojourn in any State of this Confederacy, with their slaves and other property ; and the right of property in said slaves shall not be thereby impaired. 2. A person charged in any State with treason, felony, criminaij. or other crime against the laws of such a State, who shall flee from justice, and be found in another State, shall, on demand of the Executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime. 3. No slave or other person held to service or labor in FuRUives from any State or territory of the Confederate States under the laws thereof, escaping or lawfully carried into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor ; but shall be deliv- ered up on claim of the party to whom such slave belongs, or to whom such service or labor may be due. 4 tlt>.r\ •j6 State Convention. [Juno, SECTION III. 1. Other States may bo admitted into this Confodcracy hy x vote of two-thirds of the whole House of Ropresen- tatirex, and two-thirds of tlie Senate, the Senate voting by States ; but no new State shall be forniod or erected within the jurisdiction of any other State : nor any State bo formed by the junction of two or more States, or parts of States, without the consent of the Legislatures of the States eoncorned as well as of the Congress. erform. 2. The Congress shall have power to dispose of and make all needful rules and regulations concerning the property of the Confetate Printer. [Ratified the 20th dai/ of Juncy 1SG1.;\ fXn. l»;.l AN OliDlNANCE TO RATIFY THE CONSTITU- TION OF THE PROVISIONAL GOVERNMENT * OF THE CONFEDERATE STATES OF AMERICA. lUUAral HV, the people of North Carolina^ in Convention asseju- ttlcd, do declare and o)'dain, a)id it is hereby declared and ordained. That the State of North Carolina does hereby jussent to, and ratify the Constitution for the Provisional Government of the Confederate States of America, adopted at Montgomery, in the State of Alabama, on the 8th day of February, A. D., 1861, by the Convention of Delegates from the States of South Carolina, Georgia, Florida, Ala- bama, Mississippi and Louisiana, and that North Carolina will enter into the federal association of the States upon the terms therein proposed when admitted by the Congress or any competent authority of the Confederate States. Done at Raleigh, the twentieth day of May, in the year of our Lord, one thousand eight hundred and sixty-one. [liatified the 20th day of June, 1861.] [No. 17.) \ RESOLUTION To RAISE AN ADDITIONAL liATTALION OF CAVALRY. nr»r.u>*r Resolved, That in additional to the Regimont of Cavalry uwip* auibor- I'll iw- at present authorized to be forme«n. in the office of the Secretary of State, for safe keeping, all the Ordinances and Resolutions passed by the Convention having the force and effect of laws ; and the Secretary of the State' shall cause the same to be published in three newspapers published in the City of Raleigh; and he is authorized to contract for said publication at reasonable rates; the expense thereof shall be paid as other public printing ; and it shall be sufficient for him to furnish one certified copy only (for which he shall be paid the same fee as for certifying the acts of the General Assembly,) to one of the newspapers, and a printed copy to the others. [liatifiedthe '24th day of June, 1801.J [No. 22.) AN ORDINANCE IN RELATION TO TAXATION. AD««U3rj Skction 1. Jie it ordained, That the third section of the fourtli article of the amendmetits of the Constitutipn \>r :ind th<' same is hereby annulled. 1861.] State Convention. 83 Sec. 2. Be it further ordained. That all free males over sub.iocts of Capitation tax. the age of twenty-one years and under the age of forty- five years, shall be subject to a capitation tax, not less than the tax laid on land of the value of three hundred dollars, and no other free person nor slave shall be liable to such taxation ; and also land and slaves shall be taxed subjects or AdTnloreui tar. according to their value, and the tax on slaves shall be as much but not more than that on land according to their respective values ; but the tax on slaves may be laid on their general average value in the State, or on their value in classes in respect to age, sex, and other distinctive pro- perties, in the discretion of the General Assembly, and the value be assessed in such modes as may be prescribed by law : Proxnded.\ That nothing herein contained shall prevent tlie exemption from taxation of soldiers in the public service, or of free males or slaves, in cases of bodily or mental infirmity, or of such real estate as hath hitherto been exempted by law. [Ratified the 25fh day of June, 1861.] AN ORDINANCE TO PROVIDE FOR THE PAY- [No. 23.] MENT OF THE MILITIA WHILE IN ACTIVE SERVICE. Be it ordained hy the Delegates of the jjeople in Con. Pay the «»nie as 777 f • ■ 7 7 7-77 7 7 tllBt of TOlUD- vention assembled, and it is hereby ordained by the author- toers. ity of the same, That the Militia who have been or may be called into the service of the State by the Governor, shall, while in actual service, receive the pay allowed by law to volunteers. [Ratified the IQth day of June, 1861.] RESOLUTION IN FAVOR OF THE DOORKEEPERS. [No. 24.] Resolved, That the Public Treasurer be and he is author- p»y»f5oe«ch ized to pay the Principal and Assistant Doorkeepers of this Convention the sum of fifty dollars each, as extra compensation for the, hire of servants. ^Ratified the 26//* day of June, 1861.] 5 'M State Coxvkntiox. [Juie, [So. i:u.j RESOLUTION ArTIlORIZING THE PRESIDENT TO ISSUE WRITS OF ELECTION TO FILL VACANCIES. pp»m «sJ 1861.] State Convention. 3ft RESOLUTION EXEMPTING VOLUNTEERS FROM [No. 27.] PAYING POLL TAX. Resolved. That the Volunteers and State troops ten- Kxemptsaii , . who enlisted (lered, accented and employed m the public service, at aiiv prior to isth ' ^ _ , " August, 1861. time prior to the 15th August, 1861, shall be exempt from the payment of free poll taxes for which they are now responsible, and shall not be compelled to list a taxable free white poll for this year ; and the Sheriffs shall be allowed the amount of such exemptions in the settlement of their respective public accounts, by filing with the Clerk of the County Court a list, under oath, of the names of such volunteers and State troops, and it shall be the duty of the clerks of the several County Courts to certify to the Comptroller, under their seal of office, the list of polls so filed with them. [Ratified the 26th day of June ^ 1861.] RESOLUTION TO RESCIND A RESOLUTION IN [No. 28.] REGARD TO ADJOURNMENT. Resolved, That the resolution heretofore passed, provid- ing for a recess of this Convention this evening at 7 o'clock, be, and the same is hereby rescinded, and that this Con- vention will adjourn on Friday next at 2 o'clock, P. M., and will meet again on the 8rd Monday in November next, unless sooner convened by the President, or by Thomas Ruffin, of Alamance ; William A. Graham, of Orange ; Bedford Brown, of Caswell ; James W. Osborne, of Meck- lenburg ; and Asa Biggs, of Martin; members of the Con vcntion, or any three of them, in case of his death. [Ratified the "l^th day of June ^ 1861.] 36 State Convention. [June, [No. 2n.] AN ORDINANCE TO CEDE TO THE CONFEDE- RATE STATES, THE PROrERTY IN AND JURISDICTION OYER THE FORTS, LIGHT HOUSES, BEACONS, MARINE HOSPITALS AND MINT IN NORTH CAROLINA. (>)d<\oTor«ix regime u til. I'rovlso. ical stores, owned by the State, and not required for im- mediate use, to be 'turned over to the said Confederate States upon proper receipts for the articles thus delivered, to be taken by the officers accountable for the same. 4. Be it further ordained, That all commissions to offi- cers in the aforesaid State troops, issued by the Governor and jMilitary Board, under the authority of the act of the General Assembly to create a Military Board, ratified the 10th day of May, 1861, who shall remain in service after the 20th day of August next, as aforesaid, are hereby ratified and confirmed, notwithstanding any provision in the Con- stitution of the State for a different mode of appointment. 5. Be it further ordained, That the naval forces and vessels of the State be transferred to the Confederate States, upon the same terms and conditions that are pro- vided as to State troops, in the second section of this ordi- nance, the said vessels to be paid for or accounted for upon terms to be agreed upon by the Governor wath the Confed- erate States ; and that after the 20th day of August next, all naval officers of this State shall be discharged, and all vessels of the navy not accepted by the Confederate States, shall be sold under the direction of the Governor. And whereas, the President of the Confederate States, through a communication from the Secretary of War, has informed this Convention that he will accept from this State into the service of the Confederate States, two thousand volunteers for twelve months, in addition to the four regiments already in service, and cannot accept any greater number of vol- unteers for twelve months : 6. Be it therefore ordained by the authority aforesaid, That all volunteers who have been called out by the order of the Governor for twelve months, over and above the four regiments aforesaid and two thousand men, to be des- ignated by the Governor, and tendered to the President for service as aforesaid, shall be discharged on the 20th of August next : Provided, That any of said volunteers who shall signify their desire to enlist in the State troops afore- said or in any corps that may be called for by the Presi- 1861.] State Convention. 39 dent in the mean time, shall be discharged forthwith, to the end that they may enter such new service ; and Provided further, That the Governor shall again tender such volun- teers by regiments to the President of the Confederate States, and if the President shall agree to accept them or any part of them, by, or before the 20th day of August next, it shall be the duty of the Governor to order them, or as many of them as the President shall accept, into the service of the Confederate States, and discharge only the residue : Provided, further, That any volunteers dis- charged as aforesaid, shall, in addition to their pay, be allowed reasonable expenses for traveling to their several homes ; and Provided further, That the Governor may order out the Militia as volunteers or otherwise, in case of invasion or imminent danger thereof. 7. Be it further ordained, That all provisions of the Repo»isaotof aforesaid acts of the Assembly, authorizing the raising of biy. a greater number of men, or of a diflferent species of force than is hereinbefore comprehended, or as are otherwise inconsistent with this ordinance, are hereby repealed and declared of no eifcct. 8. Be it further ordained, That the act of the General Act creating Assembly entitled "An act to create a Military Board," rel.eukd. "^^' be, and the same is hereby' repealed from and after the 20th day of August next : Provided, That the office of Military Secretary shall be continued until the 20th day of September next, for the purpose of settling the military accounts. 9. Be it further ordained, That no oath shall be required Nonnth to bp to be taken by the officers or soldiers of any of the forces diorp'osceV" aforesaid, except the oath of allegiance to the State of aupetoN.o. North Carolina, prior to their being mustered into the service of the Confederate States; but each man shall be lield and deemed to be in the military service and subject to the rules and articles of war of the Confederate States from the time of his signing the articles of enlistment. 10. Be it further ordained. That it shall be the duty of the Governor to take immediate measures, and issue the 40 State Convention. [June, necessary onlers to carry into effect the foregoing pro- visionH of this ordinance. ftrntmi Ammm- H. Be it fxirthtr ordahicd. That this ordinance may be »n-^ amended, ino«lified or repealed by the General Assembly, 80 far afl regards the discharge of the twelve months vol- unteers which may not havo been accepted by the govern- ment of the Confederate States. {^Ratified the 11th day of June, 18G1.] — ■ — . ? Vi [No. 31.] AN OHDINANCE TO SECURE TO CERTAIN OFFICERS AND SOLDIERS THE RTCHT TO VOTE. AaUtofir^w.! SECTION 1. Bc it ovdaini'd hu thin Convent km and it is hvnhy ordained by authority of the same, That all officers and soldiers in the service of the State, or of the Confed- erate States, who are of the age of twenty-one years, and who are citizens of this State, or who, if within the State, shall be absent from their respective counties at electioh hereafter to be held, if the exigencies of the times shall permit, shall be entitled to vote for Sheriffs, Clerks of the County and Superior Courts, and members of the General Assembly for their respective counties ; and shall also be eiititled to vote for Governor, Electors for Presidont and Vice-President of the Confederate States, and for mem- bers of the Confederate Congress for their respective dis- tricts. TkmftMkoia- Skc. 2. Be it further ordainnh That three tVce-holders •*•»• <>f tlie respective companies, under the direction of the commanding officers of the regiments to which they belong, shall open polls on Thursday before the day appointed for holding elections in this State, and said elections shall be conducted in all respects according to the laws of this State. The three free-holders aforesaid shall prepare a fair copy of the votes polled, and shall transmit the same with the list of voters to the Sheriffs of their respective counties ; and where officers and soldiers in the same com- 1861.] State Convention. 41 panies shall vote in different counties or different Congres- sional districts, the said free-holders shall specify accord- ingly, and make returns to the Sheriffs of the different counties above referred to. Sec. 3. Be it further ordained. That the Sheriffs of the sheriffs allowed . seven dsys to respective counties of this State shall count the votes of receive the vot*. r ..... ofgoldleri. the said ofl&cers and soldiers, if received within seven days after the elections ; and they shall not declare the result of the said election until the seven days above mentioned shall have expired. Sec. 4. Be it further ordained^ Thafe this ordinance shall be in force from and after the day of its ratification : Provided, This ordinance shall be in force during the ex- istence of the present war with the United States and no longer. [Ratified the 25th day of June, 1861.] RESOLUTION ORDERING THE ORDINANCES TO [No. 32.] BE PRINTED IN PAMPHLET FORM. Ordered, That the Secretary cause five hundred copies soocopioaor- of all the Ordinances and Resolutions having the force of laws adopted at this session, to be printed in pamphlet form ; the said ordinances and resolutions to be inserted in the order of their dates, and in the form in which they stand enrolled : Two copies of the same to be distributed to each member of the Convention, one to each of the oJBScers ; twenty-five to be deposited in the office of the Secretary of State ; ten to be delivered to the Clerk of the Supreme Court for the use of the Court ; one to eacli of the Superior Court Judges and solicitors ; the residue to be retained, subject to further order. Ratified the 21fh day of June, 1861.] 6 42 State Convention. [June, [No. 33.] RESOLUTION IN FAVOR OF THE W., C. & R. I^AILROAD COMPANY. Ea««lm09««r Jlt»oUtdy Thai liis E.xcellciicy, tlie Governor, be re- (juestcd, and the Treasurer be directed, to execute and deliver to the Wilmington, Charlotte and Rutherford Rail- road Company, the amount of coupon State bonds to which' the said corporation was entitled on the 1st day of April last, for work before that time accomplished : Provided, The same shall be accepted by the said corporation at their par value : Provided. This resolution shall not be con- strued to authorize or direct the Governor and Treasurer to issue any other State bonds to any other corporation in in this State, unless, in his judgment, he may consider it his duty to do .so under the requiieraentP of law. [Bxitified the 2Sth day of June, 1861.] •M\ aitii \r. Ko [No. 34.] AN ORDINANCE TO PROVIDE THE WAYS AND MEANS FOR THE DEFENCE OF THE STATE. Aiproirui*. Section 1. Be it ordained, ' it further ordained. That the Public Treas- urer is hereby authorized and required to have suitably prepared, and to issue Treasury notes, payable to bearer, upon the faith and credit of the State, to the amount of two huntlrcd thousand dollars, of the various denomina- tions of ten, twenty-five and fifty cents, in the following proportions, to-wit: forty thousand dollars in notes or bills of ten cents, sixty thousand dollars in bills or notes of twenty-five cents, and one hundred thousand dollars in notes or Itills of fifty cents, which said notes shall be roitivabic in payment of public dues; shall bear no interest : 1861.] State Convention. 43 shall be made payable to bearer, and be signed by the pub- lic Treasurer, or by some person to be by him duly author- ized and appointed to si^n the same, and who shall receive a reasonable compensation for such service, to be paid out of the Public Treasury, and shall be redeemable on or before the first day of January, 1866: Provided, hmvever. That no such notes shall be issued before the first day of March next, and that the General Assembly may make provision for the redemption of said notes before the time specified, or may extend the time of redemption, as in their judgment the public may require. The Public Treasurer and Comptroller shall each provide a book in M'hich shall be kept an accurate account of all the notes of the various denominations paid out under the provisions of this ordi- nance, and also an accurate account of all sums returned to the Treasury ; which books shall at all times be open to the inspection of the General Assembly, and for the keep- ing of such books, they may, if absolutely necessary, be allowed to employ some suitable person to act as clerk. Sec. 3. Be it further ordained, That the Public Treas- Public Tresnu urer of the btate be, and he is hereby authorized and ^""om the Bank^^ . ' '' $3,000,000, rbJ directed to negotiate a loan or loans, with the several banks t? '?"l ^*?,** ^ _ _ Bonds for the of this State, or with private individuals, in such sums and *»™'' at such times as he may deem necessary and proper, to an amount not exceeding, in the aggregate, the sum of three millions of dollars, including the amount jjlready borrowed of the banks of this State, under tKe provisions of an act passed at the last session of the General Assembly, enti- tled "An Act to provide ways and means for the public defence" — for which Jhe said Public Treasurer shall issue the bonds of the State bearing six per cent, interest, and payable twelve months after the datc^ thereof; and should the Public Treasurer not be prepared to pay the same at matui'ity, he is hereby authorized to renew the same on such terms and for such times as he may think proper, or to negotiate new loans in lieu thereof, and he, the Public- Treasurer, shall keep a true and accurate account of all such loans, and make report thereof to the General Assem- bly from time to time. a State Convention. [June, AatbortMUM Skc. 4. Be it further ordained^ That those banks in SSu^*ttSdir this State who shall loan to the State their pro rata amount S!lBM?VaH. of the sum hereby authorized to be borrowed of them, ^^ikoM." whose charters forbid their issuing bills of a less denomi- nation than five dollars, be, and they are hereby authorized to issue bills of the denominations of one dollar, two dol- lars, and two dollars and a half, to the extent of five per cent, of their capital stock actually paid in : Provided, That the same shall not be construed to authorize the said banks to issue an aggregate amount of circulation greater than that now authorized by their charter. This authority hereby granted to issue bills of the denominations of one dollar, two dollars, and two dollars and a half shall cease whenever the General Assembly shall provide and direct, upon the payment to the banks, the principal and interest of the sums borrowed of them under the provisions of this ordinance. HMumpuoD "f Sec. 5. Bt it further ordained, That no bank of this ^^u^r^' State shall be required to resume specie payments, whilst moV) t^thc^ any portion of the amounts herein authorized to be bor- rowed from such banks shall remain unpaid. Sec. 6. Be it further ordained, That if any person falsely make, forge or counterfeit, or cause the same to be done, or willingly aid or assist therein, any Treasury note in imitation of, or purporting to be a Treasury note or bond issued by authority of this act, with the intent to defraud the State, or corporations or other persons ; the person so offending shall be deemed guilty of felony, and on convic- tion thereof in the Superior Court, he shall be adjudged to stand in the pillory 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 dis- cretion of the court, and all or any of such punishments may, at the discretion of the court, be inflicted. Sec. 7. Be it further ordained, 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 I'uoiiihuieDt n) eounterfelton. 1861.] State Convention. 45 mentioned in the pregeding 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 oifending shall, on conviction thereof in the ' Superior Court, be punished in like manner as is provided in the preceding section of this ordinance. Sec. 8. Be it further ordained. That this ordinance, or Authontr ^ , ' granted tha any portion of it, may hereafter be altered, modified or *J*p<'"'' A"«">- repealed by the General Assembly, provided nothing con- tained in this section shall be construed to divest any rights accruing to the banks or other parties without their con- sent. Sec. 9. Be it further ordained, That the act passed at Annul. ac( of "^ ■* Qontral Au«m- the late session of the General Assembly, entitled, '' An wy- Act to provide ways and means for the public defence," ratified the 11th day of May, 1861, be, and the same is hereby abrogated and annulled. [^Ratified the 2Sth day of June, 1861.] AN ORDINANCE TO AMEND AN ORDINANCE [No. 35.] PASSED AT THE PRESENT SESSION OF THIS CONVENTION, ENTITLED ''AN ORDINANCE TO PROVIDE FOR A BOARD OF CLAIMS." Be it ordained, That the ordinance passed at the pres- ^ reportti*thl' ent session, entitled " An ordinance to provide for a Board "ly"''"' Assem- of Claims," ratified on the 8th day of June, 1861, be, and the same is hereby so amended and modified as to provide that the said Board of Claims, shall report the result of their action on such claims as they may allow, to the Gene- ral Assembly, at its next session, and that the General Assembly is hereby authorized to pass finally on such allowed claims, and make provision for their immediate payment, and that all such claims as may not be reported to and passed upon by the General Assembly, shall be reported to the Convention at its adjourned session in November, for the final action of said Convention. \^Rati- fied the 2Sth day of June, 1861.] ORDINANCES AND RESOLUTIONS PASSED BY 4he state convention OF NORTH CAROLINA. S)f contr Sicssion in Nobrmter antr Bcremhev, 186L RALEIGH: JOUN W. fcJYME, PRINTER TO THE CONVENTION. 1862. ORDINANCES AND RESOLUTIONS OF THE STATE CONVENTION OF NORTH CAROLINA. SKCONl) SESSION IN NOVEMKER AM) DECEMBER, I8BI. RESOLUTION TO TRANSMIT A COPY OF THE [No. 1.] SUPREME COURT REPORTS TO THE DEPART- MENT OF JUSTICE OF THE CONFEDERATE STATES. Resolved.. That tlie State Librarian transmit to the supreme conn . Reports. tlepartnient of justice of the Confederate States of Americn one set of the Reports of the Supreme Court of this State, if tlie same be in the Public Library, or that he purchase -iich as may be deficient, for that purpose. RESOLUTION RELATIVE TO THE DAILY SIT- [No. 2.] TINGS OF THIS CONVENTION. RfMolvrd, That from and after to-day this Convention Aiter« hour- oi will meet daily at ten o'clock and adjourn at two o'clock, re-assemble again at four o'clock and adjourn at its discre- tion. [RatifiM ilh' Hf/i dajf of D^rrnilii'i\ 18(31.] 7 F}U 6TATK CuNVtMlO.N. [DcC. pjo. S.] AN ORDINANCE TO AUTHORIZE THE rUBLK TREASURER TO EMn.OY AN ADDITIONAL CLERK IN THE TREASURY DEPARTMENT, AND OTHER PURPOSES >.r, />' it oiiiatinJ, TIlut until it shall be itthcrwisc enacted hy the General Assembly, the salary of the Clerk of tl Treasury Department be increased to twelve huinlrcd dol- lars annually, and that the Public Treasurer be authorized PaysAMMjini to cmploy a second clerk in that department, and that his salary shall be seven hundred and fifty dollars annuall and that the C«Mnptroller be authorized to employ a clerk in hit> oflice, and that his salary be the sum of seven hun- dred and fifty dollars annually, and this increase of the said salaries shall couinicncc from and after the 1st day of .T:niM:.rv. 1^(12. \T!nt;Hr,l ///<• 0/7/ .] AN. ORDINANCE TO TRANSFER CERTAIN COM- 1»ANIKS Tn roL. GREEN'S REGIMENT. nnaiMUtW. Be it ordained, Tliat the Governor of this State be, and he is hereby authorized, if he shall deem it expedient, to tnmsfer to Col. Green's Regiment of Volunteers, the two companies now at High Point, untler the command of Cap- tains ('....k anoiiliers who huvf «ione forth to meet the dangers of this war, we are undi i a deep deht of gratitude for the valor and fortitude with which thev have defended >is from the asstiults of c»ur enemies and illustrated the glc^ry of our arms. iu«<4uu<>ii* u. Resolved, That a copy lof these resolutions he sent tc I'l'tTth^pnirt. our Representatives in Congress, with a rec^uest that they he conmiunicated to his Excellency, the President of the •ur nnldtrr* Confederate States, and to Congress. day of December^ 18(31.] [Ratified the 6tli [No. 7.] KESULUTION llEQUESTLNG OUR SENATORS AND REPRESENTATIVES IN CONGRESS TO VOTE FOR AN INCREASE OF THE PAY OF SOLDIERS. Jleault'cti, Thai our Seiiaiors and Rcpicsvniaiives m the Confederate Congress, he recjuested to vote for an increase of the pay of the common soldiers of the Confederal r army: Provided, The resources of the Confederate Treas- ury w ill justify it. [No. ^.j AN ORDINANCE IN REGARD TO THE SUPPLY OF SALT. (''•mmbaioBiT. l. Jii ii (irddiKid I'll the /h'/ei/ate.s oj the pcojt/r vf North Carolina, in Convention UHxeinbled, and it is hereby ordained by the authority of the same. That a Commissioner be appointed l»y this Convention to manufacture salt for the use of the people of this State, at such place or places as he shall judge best ; and that he furnish it to the people of 1861.] State Convention. 53 each county at the most convenient depot on the railroad to such county, or some navigable waters, on the payment of the cost of manufacturing and transportation; -vvliicli price shall be paid on the delivery of the salt. 2. Be it further ordained^ That the said Commissioner Appi.-piiHies shall have lull power to employ the necessary agents and laborers, and to contract for materials, in the name of the State, necessary in carrying out the provisions of this ordinance, and to draw upon the Public Treasurer, from time to time, therefor, not exceeding the sum of one hun- dred thousand doljars. 3. Be it further ordained, That it shall be the duty of To enter upon ■ , ri • ■ i 1 • 1 -1 duties as .^aid Commissioner to proceed as soon as practicable to soon aspracii- the discharge of this duty, and as salt can be made, it be sent forward to the various depots on the several railroads of the State, or on some navigable waters, for the accom- modation of every section of the State, equally, and in such order as he may find best to meet the wants of the country. 4. Be it fui'ther ordainedy That Justices of the Peace of Duiks oi ju.<- , ,' .••ii.-c( ' ••!• *'''^' of the Peace the several counties m this State, a majority being present, may mef>t at the Court House, in term time, or in vacation of the courts, and make such order as they may prefer, touching the delivering, distribution and payment for the salt manufactured for the use of the people of such county, and to that end may advance the money out of the Treasury of the county, or otherwise: Provided, That they shall not allow the salt to be sold iu speculation, or fbr more than the actual cost. 5. Be it further ordained. That it shall not be lawful for spocuiHUon ' fcrbiadcii, any one to purchase more of the salt so made, than he requires for his own use, or for distribution, at the cost and expense of transportation, and if any one shall purchase any salt so made and re-sell it for a profit, he shall be guilty of a mis- demeanor, and on conviction thereof in any of the County or Superior Courts, shall bo fined or imprisoned at the discretion of the court. 54 blAIli OONVENIION. [Dec. 4H4iMaw* >• '• lit- U furtiier ordained, That this onlinuncc i«hal! iw««4Mi*«t>« continue in force and operation durin^r the continuance <> the pr<--i lit \\:\r. unU>s tlio Loirii^laluro sliall Mtlicrwis<' order. 7. Jii tl Jurlhti- orditnnfd, Thai ii the Commissioner » shouhl die or remove from the State, resign or refuse tc T act, or should prove faithless to the trust reposed in him. the Convention then not being in session, the Governs shall Hupply the vncancy created in any of the foremen- tioncii nfeans. TV. i*go«< ui 8. jy«' it furtlu'i' ordained, That it shall be the duty of the Commi.ssioner to make a report to the Governor every month, .-allowing the progress of the work, its co.st, kc. It shall be the duty of said Commissioni'r on the first Monda s of each month, t<» report to the (rovcrnor the quantity ol !"alt manufactured du)-ing the montli preceding, and the •lisposition made of all the salt made, the cost of produc- tion and tran.sportion, and the income to the State on the salt made and sohl, and that the Governor shall lay such reports before the General Assembly at the first session. and they may make such order for change in the managr ment of the busine.'is and settlement with the Commissioner as in their wisdom may seem right. Touk. ,«ii. 1>. Be it farther ordained^ That the Commissioner shall. Iietore entering on tlie duties ot his (;ince, take an oath ol office, and give bond payable to the State in the sum of itne hundred (housand dollars, with security to be approved by the Governor, and ample security from every agent by him appointed, whose duties shall lequire him to receive or pay out money, and that all such bonds shall be payable to the State of North Carolina. tmimry %x;Mf). 10. Hv it furtJhf urdfciiu'd. That the Coinmissium-r .-hall receive an annual salary of fifteen hundred dollars. and his traveling e.\))enses. [Iiatified flu- iith da// of Itfceinher. 1801.] 1861.] State- Convention. 55 RESOLUTION ON TAKING A RECESS. [No. 0.] Resolved, That this Convention will take a recess from and after Friday the 13th instant, until Monday the 20th of January next. [Rafified the 6th dm/ of December, 1861.] AN ORDINANCE CUNCERNlN(i THE REi'EAL OF [No. 10.] THE FOURTEENTH CHAPTER OF THE ACTS OF THE SECOND EXTRA SESSION OF 1861. Be it ordained by the Delegates of the people of North Anuuis i4th Carolina, in Convention assembled, and it is hereby ordained Acts of Geuerm 7. .7 nil ^ o '11 Asseniljly. by the antJiority oj the same, That the fourteenth chapter of the acts of the General Assembly, passed at the seoond extra session, entitled "An act to alter the rules of evi- dence as applicable to Indians," be and the same is hereby repealed and annulled. [^Ratified the 6th day rf Decem- ber, 1861.] A RESOLUTION TO TRANSFER CERTAIN MILI- [No. 11.] ^ TARY COMPANIES TO COL. W. J. GREEN. Resolved, That the Governor, if he shall deem it proper, be and ho is hereby authorized to transfei"* to Colonel W. J. Green's Independent North Carolina Regiment, such companies as have been accepted and not yet assigned to other regiments, upon their application for such transfer : Provided, That no member of a company shall bo required to join said service without his consent in writing. [Rati- fied the 6th day of December, 1861.] US State Coxventiok. [D(< [No. 12] AN ORDINANCE TO TROVIDE FOR AMENDING THE FORTY-SIXTH SECTION OF THE CON- STITUTION OF THIS STATE IN REGARD TO TAKING THE VEAS AND NAYS IN EITHER HOUSE OF THE GENERAL ASSEMBLY. RinnirM uM- Br it ordainrd hy the JJelccfafcx of the people of North Carolina^ in Convention assembled, and it is hereby ordained f'tf the anthorittf of the name. That the forty-sixth section of the Constitution of tliis State he so amended as to insert, after the word "seconded," in the foui-th line of said section, the words " hy one-fifth of the members present. ' \_Eatiiied the Gfh dnii of December, 1861.] [no. i:j.] an ordinance to amend the second section of the fourth article of the am^':ndments to the constitution. iwiw.f inOn,! Be it ordained bu the Deleuates of the people of Nortli .od in Um> «IM ^ ,. 7, , ,..777.7, 7 MMi .Nrw TrMji tarolina, in asHemolea, and it is hereou ordained 01/ the ti. t...winc (inlhoritii of the same. That the second section of the fourth article of the amendments to the Constitution, shall he amended to read as follows : "No ))erson who shall deny the being of God or the divine authority of both the Old and New Testaments, or who shall hold religious opinionis incompatible with the freedom or safety of the State, shall be capable of boding any office or place of trust or profit in the civil department of this State." \_7iafified the. 6fh day of Deecmber, 1861.] |Nr 14.1 RESOLUTION APPOINTING DENNIS D.FEREBEE, Esq.. COMMISSIONER TO RICHMOND. Tb.i.wn.u /iexulved, That Denni.s D. Fcrebee, Esq., be, and he is "' ** hereby appointed a Comniissionor whose duty it shall be to i8Hl.] State Convention. visit Richmond, :uul confer with the Secretary of the Con- federate Treasury, and with the Congress of the Confederate States, now in session, and ascertain what kind of payment will be accepted, and that on his return, he report the result of said conference to this Convention, for their considern- tion :md action. \ Rafifit'd the dfJi daif of Decnnhcr, 18G1.] IIESOLUTION . OF THANKS TO THE OFFICERS [No.- 15.] AND SOLDIERS FOR GALLANT CONDUCT IN DEFENDING HATTERAS. ResoIr(>d, That wo have undiminished confidence in the courage and loyalty of the officers and soldiers who, after :i long and severe l)ombardment, were compelled to surren- der, to an overwhelming force, the inadequate defences at Ilatteras, on the twenty-ninth of August last, and that they deserve our thanks for their gallant conduct. [Rati- fied tJir 8?'(f daf/ of Decanher, 18(>T.] AN ORDINANCE TO PROVIDE FOR THE RAIS- [No. 10.] ing of money for the support of gov- i:rnment, and for the issue of TREAS- itry notes for the purpose of payincj the public dep.t, and purchasing sup- i'lies for the military forces employ- ED FOR DEFENCE IN THE PRESENT WAH. AND FOR OTHER PURPOSES. ! . R<] it ordained bu the Delcaates of the peonle of North Authorizc/ithp * arohna. in Coin'cnfion axi// the authority of the miii.e^ That the Public Treasurer is MUthorized to issue Treasury notes for such sums, not exceed- ing, at any one time, three millions of dollars, as the exigencies of the public service may require, before or on the first day of Januaryi, 1863, and the said notes shall )»(' prepared and signed, and issued as hereinafter provided. 8 State Convention. [Dci /> . , art her ordaimd. That the Public Treasurer the said notes to he prepared, and that they shall be .(d by the Public Tri'asnrer, on behalf of the State, countersigned bj- the Comptroller ; and each of those rs shall keep, in proper books, separate and accurate accounts, showing the number, date, and amount of each of the said notes si;Tned and countersigned by them respec- tively, and, also, accounts showing all such of said notes as may be paid or redecraad and cancelled, from time to . and the said Treasurer shall account, monthly, for uch of said notes as shall have been countersigned by the Comptroller, and delivered to the Treasurer for issue. ' 3. Be it further orddiiud, That the .said Treasury notes shall be payable at the Public Trea.«ury, to the bearer, on the first day of January, 18G5, and bear interest from date at the rate of .six per cent, per annum, for every hundred dollars, and in that proportion for sums greater i»r«oiuinttioiu or less than one hundred dollar.^ ; and the said notes shall be of the several denominations of five dollars, ten dollars, twenty dollars, fifty dollars, one hundred dollar.s, and two hundred dollars ; and in the following proportions, that is to say : notes for five dollars, ten dollars, and twenty dollars, the amount of four hundred thousand dollars of each denomi- nation shall be issued ; and notes for fifty dollars, to the amount of eight hundred thousand dollars ; and those for one hundred dollars and for two hundred dollars, to the amount of five hundred thousand dollars of each denomi- uation ; and in the course of the issuing of said notes, from time to time, the said relative proportions shall be observed as near as may be. 4. Be it further ordained, That the principal moneyr and the interest due on the said notes, shall be paid at the maturity thereof to the several lawful holders thereof, upon presentment at the Treasury, 'out of any money in the Treasury not otherwise appropriated ; and, further, that at any lime or times before the maturity of said notes, the Treasurer may give notice, in the newspapers printed in Ilal('i;;h, i»f his readiness to p:iy the s:inie on any class or rroporliiuif lnHty 1861,] Statis Convention. 50 (Icnomination of said notes, or any certain part thereof, and tlie interest shall close on the notes designated in such notice at the expiration of forty days after such notice given. 5. Be it further [ordained^ That the said notes may be Thf« notcp to i « ,,,„,' . P . . VnM out l.y Ui.. issued by the ireasurer^ in payment of any warrant in P"Wic Trensu favor, of Jpublic creditors, or for the purpose of paying military officers and troops in service, or for the purchase of supplies for such troops, and for the payment of coupons upon any bond or bonds hitherto given, or hereafter to be given, [or Tor any other demand upon the Treasury by persons who may be willing to receive the same in payment at par ; and the Public Treasurer may borrow money, from time to time, upon the credit of said notes, as the public service may) require, not exceeding the said sum of three millions of dollars: Provided, That upon such loans interest shall not be charged or paid at a greater rate than six per cent, per annum, and further, that no Treasury notes shall be pledged, nor shall they be sold, or issued for any purpose, for less than the aifiount due on the same, including inter- est accrued thereon, if any. 6. Be it further ordained, That the said Treasury notes tuo notrn ikxm . . -^ for any debt to shall, at any tunc or times hereafter, be receivable at the tbesiatp. Treasury in payment for land entered, and for taxes, and any debt to thb State at the Treasury, and m making such payment, the holder shall have credit for the principal money mentioned in said note, and the interest accrued thereon up to the day of payment ; and accounts shall be kept, as aforesaid, of the notes thus paid or redeemed, distinguishing the sum allowed for interest from the principal. 7. Be it further ordained, That the said Treasury notes sheriffs und r^i , ' ItTfofP to TO- shall be received Ijy Sheriffs, and other collectinff officers, c. ive them nnd • •' . ' . ° ' I.. ;illnw interest in payment of the public taxes in their respective counties, and the said officers so receiving any of the said notes shall, at the time of payment, take from the person pnyirig them a receipt on the back of each note for the amount allowed therefor and the date thereof, and such officer shall keep a distinct and specific account of said notes so received 60 State Convention. [Dec . in pa jiiicut* showing the pcixui t'loiu vhoin iccfivcd, the number and date, the (hiy on which he received them, and the amount of the principal, aud also the interest allowed l>y him. an»ich exchange, as the case may be. and the interest on the bonds given in exchange, shall run from the day to which the interest on the notes was allowed ; and of the notes received by the Treasurer, and of the bunds given in exchange therefor, full and accurate accounts .-hall also be kept as aforesaid; and the Public Treasurer is authori/AMl and required to issue such coupon bumls, agreeably to the provisions of the ninetieth chapter of the Reople of North (Jarolina, in Convention assembled, and it is hereby ordained by the authority of the samCy That the Treasurer of the State pay out of any monies in the Public Treasury, not otherwise appropriated, as follows : To Paul C. Cameron, two thousand five hundred and eighty-three dollars ; To Pride Jones, one hundred and ninety-sevcu dollars and seventy-three cents ; ^ To Watts, White & Co., forty-si.x dollars and seventy three cents ; To Angclo Garybaldo, one hundred ;ind Hcvcuty-scven dollars and fifty-four cents ; To E. C. Relvin, forty-two dollars and iorty-five cents ; To W. II. BobbiLt, three hundred and tliirty-si.\ dollars and forty cents ; To James 11. Ilambaugh, one hundred and two dollars To T. S. Vail, thirty dollars and ten cents ; To T. II. McRorie, one hundred and sixty-four dollar and ten cents ; To Will. II. PuKsU-y, oiH! thousand one hundred and twenty-two dollars and fifty-one cent.-' ; To W. II. Mitchell, twenty-five dollars and eighty-thrc<' cents ; 1861.] State Convention. » *)3 To J. R. Shufford, six dollaiMs and twenty-five cents ; Bfarvo cents ; To F. and H. Fries, one thousand two hundred and sixty- two dollars and fifty-five cents ; To Capt. John Randolph, three Iniiidred and seventy- four dollai'.s and tweiity-livc cents; 64 • Statk Gokvkntiok. [Dec. ■c«r4«i To N. C. R. 11. t'^. I'V'^ ImiidiT"! :\nil:irs ;ilid ninety-eight cents ; To L. M. Cook, twenty-five dollars ; To W. W. Ilapper. sixty-two dollars and twelve (.ents : To Joseph W. Stockton, two hundred and nincty-c'JL'lit dollars and two cents ; To B. L. Perry, sixty-nine dollars and fifty cciitN: To W. C. Ptoberts, ninety dollars ; To C. II. Barnara, eighty-one dollars ; To Gains, Dearer & Co., one tliousand nine hundred and forty-four dollars and eighty-seven cents : To C. N. Meaclos. thirty-five dollars: To Roht D. Hart, forty-two dollars: To John T. Barns, one hiindrt'd and ciglity-oiif ilo11:ii- and eighty cents ; To Alfred Everett, seventy-four dollars and scvcnty-fn ' eents ; To Peter (J. Foster, forty dollar^ ; To John Watts, si.xty-one dollars and eighty-three cents . To Cape Fear Steamboat Co., eight hundrel.J PUBLICATION OF COLONIAL RECORDS. Whereas, Resolutions ratified the twenty-third of Feb- ruary, 1861, were passed at the last General Assembly, directing the printing of certain colonial and other records : Resolved, That the publication of the same be suspended p"'J,'iX"''io„ until further order from this Convention, or of the General Assembly of the State. [Tiaflfird fhc \2t/i day of Der'em- hor, 1861.] RESOLUTION AUTHORIZING THE PRESIDENT [No. 22.] TO CALL THIS CONVENTION TOGETHER IF THE PUBLIC INTEREST REQUIRE IT. Jiesolvcdy That the President of this Convention, or in to mnvono ni.- 1 pi'111 • 1 • ^ 1 Convention tlie event oi his death, the committee named in the re.solu- i-.r..r.' the lmh, • 1 1 January, it tion of the last session, be empowered to convene this Con- >!''<•«"«'> vontion before the twentictli of January next, if the public exigencies shall require it. \^Ratifit'd thr \2>f]t. day of Df- remhey; 1861\] KESOLUTION IN FAVOR OF THE DOORKEEPER [No. 23.] AND ASSISTANT DOORKEEPERS. Rcsolffd, That the Doorkeeper and Assiotaiit Doorkeep- Aiiowsfiipacii PI R to this Convention be :illowod twenty-five dollars each for extra services at the present session, to be paid by the TiTasiiicr out of any monies not otherwise appropriated. [/{(illfird tlw V\th day of b>'rn,il>n\ 1861.] , 10 Stath Convrntion. f Dec, [No. 24.] AN ORDINANCE TO AUTHORIZE THE RAISING OF A BATTALION OF SIX COMPANIES. OR REGIMENT OF TROOPS FOR TWRLVE MONTHS. TiMFirMiuri lie it oniaitutl hif t)tt$ Cuuvcnttou, and it i.t hereby i,« authorized to receive into the service a Battalion of Infantry, to consist of .six companies, for twelve monthfs, or a regiment of ton companies, to be composed of volunteers who belonged to the First Regiment of Nortli Carolina Volunteers, (the LaF.iyetto Light Infantry, and the Inde- pendent Light Infantry of the town of Fayetteville in- cluded.) and such others as may enrcill themselves with them. c«B|*Bk-»n.i Be it Jurthi )• vrilained, Tii:il liie said companies shall llr^'tlDVlit l<> I * • 1 1 1 • in- It »i««ibrti on. have tlie right to elect their commissioned <»mcers, and the "r..'rf battalion shall have the right to elect a Lieutenant Colonel and a Major, and Colonel, if a regiment be formei\ That the said battalion or regi- ment shall be transferred within convenient time to, and • accepted by the government of the Confederate States. yUatifud the V2th datf <>f Denhdn-r, \9^i]^.l^ I No. 2.'').) HESolJ TIoN T< > PrBLISll THE ORDINANCES. I. u-fuui.tirj HfMolvedy That the Secretary of State have the Ordi- iM-r. nances and Kesolutions passed at this session ot the Con- vention published in three newspapers priiitc(l in the city Kuleigh, as soon as it can be convcnicnilv (loiic. \ fittfified th< Vlth daifuf Ih'cetuhn; 18(51.] 1861.] State Convention. 7.5 A RESOLUTION ASKING INFORMATION AS TO [No. 26.] , THE STATE AND CONDITION OF THE CAPI^; F^EAR AND DEEP RIVER IMPROA'EMENT. WllEKEAt;, In February ]a.st the (u-ucral A^sciuMy en- rifami.ic. acted lliat the Board of Managers appointed to repair and continue the improvement of" the Cape F'ear and Deep River Improvement, and tor tliis purpose phiccd at their dispoiial thirty thousand doHars ; also authorized and rc- ([uired the Commissioners uf the Cape F'ear and Deep Rivcrg Navigation Company to sell as soon as they may deem advisable the States' interest in said works, and whercaif, it is represented that said works arc likely to suf- fer great damage from the want of repairs that would cost but a small sum : Resolved, That His Excellency, the Governor, be re- ini...n,»iion spectfully requested to inform this Convention of the state Governor. " and condition of said works, and all the information in his possession as to what hath been done, or is likelv to be done under said act of Assembly. Resolved, further, That said Board of Managers be BoanioiMan. requested to report at the earliest day convenient to this to report. Convention all that they have done under said act of As- sembly, a full and detailed account of the state and condi- tion of said improvement, and what in their judgment is the best to be done with the same. [Ratified the 12th da// of December, 1861.] RESOLUTION IN FAVOR OE D. D. EEREBEE, ESQ. ("No. 27.] Resolved, That the Treasurer pay to D. D. Ferebee, the r»v,-.f.;i, amount of his expenses incurred as Commissioner to Rich- mond, amounting to thirty-eight dollars. [Ratified the \'Sth daif of Deeemher. 1861.] ORDINANCES AND RESOLUTIONS PASSED BY THE STATE COiWENTlON OF NOlim (^AHOIJNA. l-'EBRUAKV, 1862. AN ORDINANCE TO AUTHORIZE THE GOVER- [No. 1.] NOR TO EMBODY THE MILITIA FOR THE DEFENCE OF THE STATE. Be it ordained by the Uelegates of the people of North Toexp.-i Carolina, in Convention asseml)ti'd, ana it is hereby ordained hy the authority of the same, Tliat for the emergency men- tioned in his message of to-day, the Governor of the State is hereby autliorized to order out such portions of the militia, as he may deem necessary to repel the invasion of the State. [Ratified the 21st day of January, 1862.] AN ORDINANCE TO MODIFY AND PERFECT [No. 2. J AN ORDINANCE PASSED AT THE LAST SES- SION OF THE CONVENTION, ENTITLED ^'AN ORDINANCE' TO PROVIDE FOR THE RAISING OF MONEY FOR THE SUPPORT OF GOVERN MENT. AND FOR THE ISSUE OF TREASURY NOTES FOR THE PURPOSE OF IWYING Till": PUBLIC DEBT AND PURCHASING SUPPLIFS 80 SXAXE CoNVBNTioK. [Jan., von THE MILITARY FORCES EMPLOYED FOR DEFENCE IN TliE PRESENT WAR, AND R»R OTHER PIRPOSES. umxr.Bi^ ih.i 1 . He it ordain* d hy thr Ihlrt/atif of the people of North it CaroUno, in Coniuntion an^K mhlid, and if ix herehu ordained I hif thi authoi-iftf of the miiw^ That so rmicli »>f the ordi- iiunce passed at the last session of this Convention, entitled '* An Ordinance to provide for the raisin^r of money for the .support of (loverninent, and fur tlie issue of Treasury notes for the purpose of paying the puhlic debt, and pur- chasing supplies for the military forces employed for de- fence in the present war. and for other purposes, " as provides for the Treasury notes therein ])rovided for, to hear interest from date, he rescinded and annulle. /i, if further ordai7ied, That the said ordinance be so "•* amended r.s to provide and require that [of] the whole of the Treasury notes liereafter to be issued under the provision of said ordinance, one-half shall he issued of the denomi- nations of five dollars, one-fourth of the denominations of ten dctllars, and the other fiuu'th of the denominations of twenty (hjllars, and in the course of issuing the said notes, from time to time, the said relative pr(»portions shall be , or IMK) 1862.1 STATK CoNVENtlON. ^i AN ORDINANCE TO RATIFY AND CONFIRM [No. 4.] THE ACTS AND JUDICIAL TROCEEDINGS OF THE SUPERIOR COURTS LATELY HELD BY HIS HONOR, JUDGE FRENCH, IN THE COUN- TIES OF HENDERSON, BUNCOMBE, MADISON AND YANCEY. Whereas, The Superior Courts for the counties of Hen- tonru h^i,i at derson, Buncombe, Madison and Yancey, at the Fall Terms *" ""^''**'"'*' thereof weie, by mistake, held at the wrong time; an . 7,7 7 . . 7 T , the Courts Varolma, in Convention assembled, and it is hereby ordained rutiuea. by the authority of the same. That the said pleas, judg- ments, recognizances, indictments, and all other judicial proceedings, which were rendered, entered and found at the terms of the courts aforesaid, are hereby made valid, and in all things ratified and confirmed. 2. Be it further ordained. That the Courts of Pleas TimpsofhoM- ' >ng the Oourtu and Quarter Sessions to bo held hereafter for the counties n-p'-'fie.!. of Henderson, Buncoml)e, Madison, Yancey and Polk, at the Fall Terms, be held at the following times, viz : Hen- derson, on the second Monday after the fourth Monday in September ; Buncombe, on the third Monday after the fourth Monday in September ; Madison, on the fourth Monday after the fourth Monday in September ; Yancey, on the fifth Monday after the fourth Monday in Septem- ber; and Polk on the twelfth Monday after the fourth' Monday in September in each and every year. This sec- tion to continue in force until the same may be repealed by act of the Legislature or otherwise. [Ratified the 21th day of January, 1862.] 11 83 Staik Cokvention' [Jan., TNo 5 1 Mi ORDINANCE TO ABROGATE THE FOURTH .SECTION OF AN ACT OF THE LEGISLATURE OF THE STATE OF NORTH CAROLINA, PASSED AT THE LAST EXTRA SESSION, ENTITLED, "AN ACT ENTITLED REVENUE. Abrr«»u«4Ui ^g it ordained bu the Delegates of the people of North *«< Carolina in Convention assembled, and it is hereby ordained lit/ the authority/ of the same, That the fourth section of an act of tlic last extra session of the General Assembly of the State of North Carolina, entitled "An Act entitled Revenue," be, and the same is hereby annulled and abro- irated. [Ratified the SOth dajf of January, 18G2.] [.N... <..J AN ODINANCE TO ENCOURAGE THE MINING AND MANUFACTURING OF SALT IN THE IN- TERIOR OF THIS STATE. Tt'' . Whereas, It is of great importance to manufacture '„: . Salt in the interior of this State ; and whereas, a company has been incorporated under the name and style of "The Chatham Salt Mining and Manufacturing Company," which is operating for that purpose in the county of Chat- ham ; therefore, ■■•"'i- •■■ ' 1. Be it ordained bu the Dehiutivs of the people of North truW lulllUa _. "^ ^ ... Jutj Carolina in Convention assembled, and it is hereby ordained by the authority of the same. That the President and oper- atives of said company, to the number of six, be, and they are hereby exempted from militia duty, for the space of »ix months, except in case of invasion, insurrection, or upon a reijuisition for troops by the President of the Con- federate States. uHiui rtork 2. Be it further ordained, That said Company may in- crease its capital stock to an amount not exceeding ten thousand dollars. Kinnpi, tpui 3. Be it further ordnined. That the capital stock of said (''>mj):iny be exempted from taxation for six month.s. [Rat- tfii-d tlw. liOth day of. January, l«l)2.] 1862.] State Convention. 83 AN ORDINANCE IN ADDITION TO AND AMEND- [No. 7.] MENT OF AN ACT OF THE GENERAL ASSEM- BLY, RATIFIED THE ISxir DAY OF FEBRUARY, 1861, ENTITLED "AN ACT TO INCORPORATE THE CHATHAM RAILROAD COMPANY," AND TO REPEAL AN ACT SUPPLEjMENTAL THERE- TO, RATIFIED THE 23rd DAY OF FEBRUARY, 1861. 1. Be it ordained by the Delegates of the people of North Toconn.rt wiui Carolina in Convention asBemhled, and it is hereby ordained ntorwii'hinis TT T ■ j> 1 rni" • n o n niilosof Ralfigli by the authority of the same, That section first of an act of the General Assembly, ratified the fifteenth day of Fcljru- ary, one thousand eight hundred and sixty-one, entitled "An Act incorporating the Chatham Ilailroad Company," be amended by inserting- after the words, " from the Coal- fields, in the county of Chatham, through said county," the words, connect with the North Carolina Railroad at, so - * as to make the section read, " to connect with the North Carolina Railroad at Raleigh, or some point west of Raleigh not exceeding twelve miles." 2. Be it further ordained^ That the proviso in section rrovi-ion four of said act of the General Assembly be stricken out. 3. Be it further ordained^ That an act of the General kcpohIs sum.i. Assembly, ratified on the twenty-third day of February, one thousand eight hundred and sixty-one, entitled " An Act supplemental to an act passed at the present session of the General Assembly, entitled " An Act to incorporate the Chatham Railroad Company," be, and the same is here- by repealed and abrogated. 4. Be it further ordained, That all such solvent corpo- oiiHrcf.ii...i:. 1 11 1 •! 1 • 1 1 »« 1 tions FuliPfril"- rations as may or shall subscribe to the capital stock of the >np ^ t'lr said Chatham Railroad Company, may malce their bonds chMh«m u. k. payable to the Public Treasurer of the State of North Carolina for the amount of their subscriptions to said cap- ital stock, and no more ; which said bonds are to be signed by the Presidents, and under the seals respectively of said corporations, and made for any sums not under five bun- - M State lu>vlntio,\, [Jan., clred dollars each, to boar interest at the rate of six per cent, per annum, which interest is to ho ]x\'u\ scmi-nnnually, to-wit : the first Monday in January and July in each and every year ; and the principal of said bond* to be made payable twenty years after date ; and these bonds, so authorized to be made, may be deposited with the Public Treasurer of the State, who shall then issue und deliver to the several corporations so subscribing ami depositing their bonds as aforesaid, the coupon bonds of the State of North Carolina, to the amount of their subscribtions respectively, and made for the sums of five hundred dollars and one thousand dollars, to bear interest at the rate of six per cent, per annum, which interest is to be paid semi-annually, on the first Monday in January and July in each and every year, and the principal of said bonds to be made payable twenty years after date : Provided, That said bonds shall not exceed, in the aggregate, the sum of eight hundred i)r lof Mcrt- thousand dollars; and Provided, also, That said Chatham »ut». Railroad Company shall execute and' deliver to the Gov- ernor of the State of North Carolina a deed of mortgage under the seal of said Company, wherein and whereby shall be conveyed to the Governor and his successors in office, for the use and benefit of the State, all the estate, both real and personal, belonging to said Company, or in any manner pertaining to the same, conditioned for indem- nifying and saving harmless the State of North Carolina. from the payment of the whole or any part of the bonds of the State, authorized by this ordinance to be made by the Public Treasurer, and delivered to the several corpora- tions subscribing as aforesaid to the capital stock of said Chatham Railroad Company. In addition to the deed of mortgage, hereinbefore required to be executed and deliv- ered by the Chatham Railroad Company, the State of North Carolina shall, by this ordinance, liave a loin upon the estate, both real and personal, of said company, wliicli thoy may now have or may hereafter accjuire, to secure the principal and interest of the bonds of this State author- ized to be issued as aforesaid. 1862.] State Convention. 85 5. Be it further ordained, That b'aid bonds of fclio State, non.isoi tho ) made by the Public Treasurer, shall be received by the rpooiv<>.i by the said Chatham Railroad Company in payment of subscrip- tions made as aforesaid by such corporations to the capital stock of said Chatham Railroad Company. 6. Be it further ordained. That said corporations so coipomtions subscribing and depositing their bonds as aforesaid with ^cucm til-ir the Treasurer of the State, shall be allowed to redeem their bonds at any time before maturity, in the currency of the State, on giving thirty days notice to the Treasurer of this State of thciv intention so to do. 7. Be it further ordained, That the said Railroad may Termini, be constructed with termini at any point or points in the said Coalfields region that the stockholders in said Com- pany may agree upon with the approbation of the Board of Internal Improvements. 8. Be it further ordained, That the corporate authorities in.-orporn(o.i . , .... , -11^ towns to lay a of incorporated towns subscribing to the capital stock of tnxu. pay their • 1 1^1 1 n •! 1 /-I • 1 • t n subscriplii >ns. said Chatham Railroad Company, in order to provide for the payment of their subscriptions, and of the principal and interest of bonds for that purpose, by them issued, shall have authority to lay and collect taxes from all sub- jects, which, under the charters of said towns, are taxable. 9. Be it further ordained, ■ That the solvency of such soivmov corporations as may desire to subscribe to the capital stock of said Chatham Railroad Company shall be judged of by the Board of Internal Improvements. 10. Be it further ordained, That all laws and parts of laws, all acts or parts of acts inconsistent with the provis- sons of this ordinance, are hereby repealed and abrogated. {^Ratified the SOth day of January, 1862.] AN ORDINANCE TO INCORPORATE THE PIED- [No. 8.] MONT RAILROAD COMPANY. 1. Be it ordained by the Delegates of the people of North cnpitui stock {Jarolina, in Conventio7i assemhh'd, and it in hereby ordained by the aabliorily of the mme, That a company by the iiauie 86 State Convention. [Fri OcttanJ IV^^.k" C.I hutwcrlption. and style of the "riedmont Railroad Company, ' bp, anl the same is hereby incorporated, with a capital stock fifteen liundred thousand dollars, divided into shares of one hundred dollars each, for the purpose of constructing a railroad on the best, cheapest, most direct and practicable route from the Richmond and Danville Railroad to the North Carolina Railroad. 2. Be it further ordained. That for the purpose of creat- iiif^the capital stock of said company, the following persons be, and they are hereby appointctl general commissioners: Wm. T. Sutherlin, of Danville ; William P. Watt, John H. Dillard, George D. Boyd and William B. Carter, of Rock- ingham ; Phil. Barrow, John F. Poiudexter and A. J. Stafford, of Forsyth county; William A. Lash, John J. Martin and Jas. Riason, of Stokes county ; Jesse H. Lind- say, Levi M. Scott and Ralph Gorrell, of Guilford county ; Bedford Brown, Thomas D. Johnston, Allen Green and Montford McGee, of Caswell county; Giles Mebane, Jesse TiMut and Eli F. Watiron, of Alamance ; Jno. W. Cunning- ham, Edwin G. Read and Thos. McGee, of^thc county of Person; Wm. Johnston, of the town of Charlotte; Jani C. Turrcntine and Wm. F. Strayhorn, of the county of Orange ; Benjamin A. KittrcU, of the town of Lexington ; IL C. Jones, Sr., of Salisbury ; Jonathan Worth, of the town of Ashboro' ; Wm. P. Taylor, of Pittsboro' ; whose duty it sliall be to direct the opening of books for sub- scriptions of stock at such times and places, and under such persons as they, or a majority of them, may deem proper, and in the mean time it sliall and may be lawful for books of subscriptions to said stock to be opened in the town of Charlotte under the direction of John A. Young, Wm. John.>>ton and James W. Osborne, or any one of them ; in Concord, under the direction of V. M. Bar- ringer, Caleb Phifer and Daniel Coleman, or any one of them ; in Salisbury, under the direction of Nathaniel Boy- den, N. N. Fleming, J. L Shaver, or any one of them : at Lexington, under the direction of Wm. R. Holt, Jolm P. Mabrey and Samuel Hargrove, or any one of them : at ^ 1862,T Statb Convention. st High Point, under the direction of W. F. Bowman, Dr. Robert Lindsay and Nathan Hunt, or any one of them ; at Greensboro', under the direction of James Sloan, Jed. II. Lindsay and J. A. Long, or any one of them; at Salem, under the direction of D. II. Starbuck, J. G. Lash, Francis Fries and C. L. Bonner, or any one of them ; at Danbury, under the direction of Nathaniel Moody, A. 11. Joyce and S. Tajdor, or any one of them : at Graham, under the direction of Thomas Ruffin, Jr., John Trollinger and Edward Holt, or any one of them ; at Roxboro', under the direction of Charles Winstead, Dr. C. H. Jordan and Green Williams, or any one of them ; at Yanceyville, under the direction of John Kerr, Dr. N. M. Roan and Thomas W. Graves, or any one of them ; at Milton, under the direction of Samuel Watkins, John Wilson and Thomas Donaho, or any one of them ; at Wcntworth, under the direction of John ^Y. Ellington, W. M. Ellington and B. J. Low, or any one of them ; at Madson, under the direc- tion of Wm. L. Scales, Joseph H. Cardwell and Nicholas Dalton, or any one of them ; at Leaksville, under the direc- tion of George L. Aiken, Jones W. Burton and E. T. Brodnax, or any one of them ; at High Rock, under the direction of Francis L. Simpson, Dr. R. H. Scales and Geo. W. Garret, or any one of them ; at Danville, Va., under the direction of William T. Sutherlin, James M. Williams and Dr. T. P. Atkinson, or any one of them ; at Ilillsboro', under the direction of J. 0. Turrentine, Henry K. Nash and W. F. Strayhorn, or any one them ; and in the city of Richmond, Va., under the direction of A. Y. Stokes, Lewis E. Harvey and Thomas N. Brockenbrough, or any one of them; and said commissioners shall have power to appoint a Chairman of their body. Treasurer, and all other officers their organization may require, and sue for and recover all sums of money that ought, under thi^ ordinance, to be recovered by them in the name of said corporation. 3, Be it further ordained, That all persons who are, by aui-sciipUoai!. (his ordinance authorized, or wlio may be hereafter, by the 88 Statk CoKVBKTioif, [Feb Po>>KrtpUon». general commissioners, authorized to open books of sub- scription, may do so at any time after the passage of this ordinance, upon giving twenty days notice of the time and place when said books shall be opened, and said books shall be kept open for the space of thirty days, at least, :ind as long thereafter as the general commissioners shall direct ; and that all subscriptions of stock shall be in shares of hundred dollars, the subscriber paying, at the time he makes his subscription, five dollars on each share by him subscribed, to the person or persons authorized to receive such subscriptions ; and upon closing the books, all such sums as shall have thus been received of subscribers, on the first cash installment, shall be paid over to the gen- eral commissioners, by the persons receiving the same, and in case of failure to pay, as aforesaid, such person or per- sons, receiving said money, shall be personally liable to said general commissioners, before the organization of said company, and to the company itself, after the organization, to be recovered within the Superior Courts of Law within this State, in the county where such delinquent resides, or if he resides in another State, then, in any court in such State having competent jurisdiction. The general commis- sioners .shall have power to call on and rccjuire all persons empowered to receive subscriptions of stock, at any time and from time to time, as a majority of them may think proper, to make return of the stock by them respectively received, and to make payment of all sums of money paid by subscribers ; that all persons receiving subscriptions of stock shall pass a receipt to the sul)scriber or subscribers for the payment of the first instalment, as heretofore re- quired to be paid, and upon their settlement with the gen- eral commissioners as aforesaid, it shall be the duty of said general commissioners, in like manner, to pass their receipts for all sums thus received to the persons from whom re- ceived, and such receipts shall be, taken and held to be good and sufficient vouchers to persons holding them ; that sub- scri|)tiuns of Block may be received as aforesaid or as here- after provided for, to the aiinMnif <»l' lifteen hundred thou- sand dollars. 1862.] State Convention. 80 4. Be it further ordained. That it shall he the duty of ThoCompany to , , •'he UeclRred a said general commissioners to direct and authorize said '""'"'^'■SlrJ;^/ O when $1(H),000 hooks of subscription to he kept open until the sum of one '" ^"''''■'■'''•"i- hundred thousand dollars, at least, shall be subscrihed ii^ the manner aforesaid, and as soon as the said sum of one hundred thousand dollars, or upwards, shall be subscribed in manner aforesaid, and the sum of five dolhirs on each share paid as aforesaid, the subscribers to said stock shall be, and they are hereby declared to be a body politic, and corporate in fact and in law, by the name and style of the "Pied- mont Railroad Company," with all tlic corporate powers jind authority tnereby created and granted, to be held and exercised by said company and their successors and assigns, in perpetuity, and by that name shall be capable, in law and in equity, to purchase, hold, lease, rent, sell or convey estates, real and personal, and to acquire the same by gift, devise or otherwise, so far as shall be necessary for the purposes embraced within the scope, object and intent of this charter, and shall have perpetual succession and a com- mon seal, which [they] may use, alter or renew at pleasure, and by their corporate name, may sue and be sued, plead and be impleaded, in any court of law in this State or any other State ; and shall have, posess and enjo}', all rights, privileges and immunities which railroad corporate bodies may and of right do exercise, and may make such by-laws, rules and regulations as are necessary for the government of the corporation, or for effecting the object for which it is^ created, not inconsistent with the laws of this State or of the Confederate States of America. 5. Be it. further ordained. That as soon as the sum of Meptintfor uiie hundred thousand dollars or upwards shall 1)C sub- mi'i-i'.ncrH scribed, as aforesaid, it shall be the duty of the general commissioners to appoint a time for the stockholders to meet in the town of Greensboro', in the county of Guilford, which they shall cause to be previously published for the space of thirty days, in oncf or more newspapers ; at whieh lime and place, the said stockholders shall, in person or by proxy, procee«l ti> elect, by ballot, nine Directors of the com- 12 Uln-tlorf State Convention. [1^'^^> pnny, and to enact all such rcpilations and by-laws as may be necessary for the government of said corporation, and the transaction of its Inisincss. The persons elected dircc- - 4ori« at this meeting shall serve such period, not exceeding one year, as the stockholders may direct ; and at this meet- ing, the stockholders shall fix on a day and place or places when and where the subsequent election of directors shall he held, and such- elections shall thenceforth be annually made; but if the day of annual elections should pass without any election of directors, the corporation shall not thereby be dissolved ; but the directors in oflice shall so remain until others arc appointed, and it shall be lawful on any other day to make and hold such elections in such manner as may be prescribed by a by-law of the corpo- ration. yu.iifirjiiionr<.i 0. Bc it fiirtJwr ordaiiicdy That the affairs of saitl com- pany shall bc managed by a general board, to consist of nine directors, to bc elected by the stockholders from among themselves, at their first and subsequent general annual meetings, and no stockholder shall be elected a director, nor serve as such, unless he bc at the time of his election the owner of five shares of stock, and shall con- tinue to hold the same during the term of his service as director. 7. Be it further ordained, That the President of said coni))any shall be chosen by ballot by a majority of the directors from among themselves, with a salary to bc fixed by the' stockholders in general meeting. i 8. Be it further ordained, That all stockholders, not being aliens, shall be entitled to vote either in person or by proxy, the proxy being a stockholder, at all general meetings, and the vote to which each stockholder shall bc entitled, shall be according to the number of shares he may hold, as hereinafter provided. i(„,i . y. Be it further ordained, That at the first general meet- ing of the stockholders, under this ordinance, a majority all of the hhares subsciibed shall be represented before pioceeding tu business; :ind if a sufficient number do not rlo^LI. 1862.] State Convisntion. ' 91 appear on the day appointed, those who do attend shall have power to adjourn, from time to time, until a regu- lar meeting be thus formed, and at such meeting the stock- holders may provide by a by-law as to the number of stockholders, and the amount of stock to be held by them, which shall constitute a quorum for the transaction of busi- ness at all subsequent meetings. 10. Be it further ordained, That the general commis- Duties of roik- sioners shall make their return of shares of stock subscribed piomrAnev „ ^ n 1 • r»i ii^-i organi/.Blion nf tor, at the iirst general meeting of the stockholders, and the comrany. pay over to the directors elected at that meeting, or their authorized agent, all sums of money received from sub- scribers; and on failure to do so, they shall be personally liable to said company, to be recovered in like manner as other debts due the company. 11. Be it further ordained, That the Board of Directors vacanoio?. may fill all vacancies which may occur in it during the period for which they have been elected, and in the absence of the President, may fill his place by electing a President pro tern, from among their number. 12. Be it further ordained. That said Board of Dircc- Fuitiiorpub 1111 11- iir. scripti'inti. tors shall have power and authority to open books for further subscriptions to the stock of said company at such times and under such persons as they may designate, in the event the whole stock be not subscribed before the first general meeting of the stockholders, and to open and keep open such books, from time to time, until the whole amount of capital stock be subscribed. 13. Be it further ordained, That said company shall rowers of tho have power and proceed to construct, as speedily as possi- ""'"'"^ ble, a railroad, with one or more tracks, from the North Carolina Railroad to the Richmond and Danville Railroad in Virginia, to be used and operated by steam power; and to the end that the said corporation may have power and authority to construct said road within the limits of the State of Virginia — this charter shall be transmitted by the President of this Convention to the Governor of Virginia, to the end that the legislative sanction of that State. ff2 Statk Convention. [Feb., npprovinj^ the ortlinaiice, may l>c ^ivcn to saiiL to shall, once a year, at least, make a full report on the state stockiioHtrF. of the company and its affairs, to a general meeting of the stockholders, and oftener if required by a by-law, and shall have power to call a general meeting of the stockholders when the board may deem expedient ; and the company may provide, in their by-laws, for occasional meetings being called, and prescribe the mode thereof. 10. Be it further ordained, That the said company may ni-htjrr« 21. ' lic U fiirtln'r ordcctive (lisaliilities. ^urUHi irni 24. /?< it further orddinedy That all lands not hereto- ** fore granted to any person within one hundred feet of the ceiiiro of said road, shall vest in the company so soon as the line of the road is definitely laid out tliroufrli it. and any grant of said land shall thereafter he void. i'.ini»hm^nt i..r 2.0. B< it further ordained. That if any person or por- >ulrii«i<>ii U|>i0 1 11 • i 1 • 1 •! 1 1 !• ibrrxHKi sons shall intrude upon said railroad, by any manner ol use thereof, or of the right and privilege connected there- with, without the permission, or contrary to the will of said company, he, she or they may be indicted for a niisde- moaiior, and upon conviction, fined and imprisoned by any court of competent jurisdiction. i'uni»»imrn! (..r 20. Be it further ordainrd, That if any person or pi-r- *."ih^"J»md"'^'' sons shall willfully and malioiously destroy, or in any maii- 'ht ii'.uiiluy ' ner hurt or damage, or shall willfully and maliciously cause, or aid, or assist, or counsel and advise any other person or persons to destroy, or in any nianuer to hurt, cjamage, injure or (jbstruct the said railroad, or any bridge or vehi- olo used for or in the transportation thereon, any water- tank, warehouse, or other property of said company, suoh person or persons, so offending, shall be liable to be in- \* for tlic purpose of attending to the trunspovt of produce. goodK and passengers on the road. 31. Br it further ordained. That if the LcgisUitiirc of Virginia shall sanction this charter, and authorize the con- struction of said road within the limits of Virginia to the Richmond and Danville Railroad, and said road shall be so constructed, the i^aid corporation hereby created shall, nevertheless, have power and authority to construct and build one or more branches of said road to the Coalfields of Dan River, and the navigable waters on Smith's river, in the county of Rockingham, and arc hereby vested with the rights, powers, privileges and immunities to build and construct said liraiich or branches with which they are invested to build the main road; and the said road, with its blanches, authorized to be constructed under this char- ter, shall be of the same guagc as the North Carolina Railroad ; and the North Carolina Railroad Company shall have the right, under this charter, to construct a branch of their road from Hillsboro' at [to] or near Danville. 32. Be it further ordained. That for the purpose of ascertaining the best route for said road and its branches, and to locate the same, it shall be lawful for said company, by its engineers, servants and agents, to enter upon, exam- ine atul survey any laud or lands that they may Avish to examine for such purpose, free from any liability what- ever. 33. Be it further ordained, That any one or more of r*^"to"uk^ti.<- the solvent incorporate railroad companies of the said 'tix-k in til.- ^ ^ ^ States, and also the Coyfederate States of America, may subscribe for stock in said company, and should the Con- federate States of America subscribe for and take the whole of such stock, or the larger part thereof, i)ower and author- ity are given to said Confederate States of America to appoint for the time being the whole of the said Directors, anything in this ordinance to the contrary notwithstanding, and at once locate and commence the construction of said road, and hold the stock so taken by them until individuals and corporations shall be prepared to receive an assignment Pon«Tii"l tl ' ooMermU* litatri aulbor 1862.] State Convention. 99 of the same, or any part or parts thereof, as hereinafter provided. 34. Be it further ordained, That as soon a;?, under the i>"t";>"' t'-"^' ... . . ral commisjsioii supervision oi the general commissioners, as by this ordi- '''•'••' directors, nance provided, there shall be subscribed by the Confed- erate States of America, incorporated companies, or solvent individuals, not less than one hundred thousand dollars of stock, with the five per cent, thereon paid in, the same shall be certified by said general commissioners to said Directors, on which being done, it shall be the duty of said Directors to have the names of such stockholders recorded on the books of said company, together with the stock subscribed by each, and to cause to have issued to said stockholders certificates of stock in said company, (to each in proportion to the subscriptions made by them,) when they shall have paid up their subscriptions in full, including in their pay- ments the five per cent, which they shall have paid to the said general commissioners, and which the said general commissioners, as hereinbefore provided, shall pay to said- company. 35. Be it further ordained, That as soon as subscribers ri>L' apiiomt- other than the Confederate States of America, as herein tor^- provided, shall have their names as stockholders recorded on the books of said company as owners of not less than one hundred thousand dollars of stock, with the five per cent, thereon paid in, from and after that time such stock- holders, in all general meetings, shall have power to elect five of the said nine Directors, and the President of the Confederate States of America, or such other person as the Confederate States may determine, to appoint four of said Directors, and continue to do so until the stock of the said Confederate States, by sale or transfer, shall be reduced to less than half of the entire stock of said company ; then, and from and after that time, the vote of the said Confed- erate States of America in the election of Directors, and on all other questions, shall be in pi'oportion to the stock held by them : Provided, That at such elections no stock- holder shall give more than two hundred votes. 100 State Convention. [Feb., .teraMTTeo 36. Be it further ordained, That full right and piivilege !tlonMtV^- is hereby reserved to the State, or to any company here- •li. one. after to be incorporated under the authority of this State, to connect with the road hereby provided for, any other railroad leading therefrom to any part or parts of this State: Provided, 'That in joining such connection, no in- jury shall be done to the works of tlie company hereby incorporated. Charter u. 37. Be it furtlitr ordained, That the corporate fran- -n.irvi wyear.. chiscs and privileges hereby granted shall cease and deter- mine at the expiration of ninety-nine years from the day of the passage of this ordinance. \_Batilied the Sth day of Fehrmry, 1862.] [No. 9.] AN ORDINANCE TO INCORPORATE THE WASH- INGTON AND TARBORO' RAILROAD COM- PANY. . ' fupiiaj flock 1. Be it ordaincU bj the Delecfates of the jivu^le of North Carolina, in Convention assembled, and it is hereby ordained by the authority of the same, That for the purpose of effectiner a railroad communication between the town of Washington and the town of Tarboro', the formation of a corporate company, with a capital of four hundred thou- sand dollars, is hereby authorized, to be called the Wash- ington and Tarboro' Railroad Company, and when formed in compliance with the conditions hereinafter prescribed, to have a corporate existence as a body politic in perpetuity. KouKoi ih- 2. Be it further ordained, That the said company be, '""^ and the same i.s hereby authorized to construct a railroad from the town of Washington, in the county of Beaufort, through the counties of Pitt and Edgecombe, to the town of Tarboro'. t..iuu.i8sion.r» 3. Be it further ordained, That for the purpose of rais- lo oytn liooUn of ' 1/..1 • i ■^^ 1 i p ^ j. .ii.«niption. iiig the capital stock of said company, it shall be haw^iul to open books under the direction of the following named commissioners, to-wit : At Washington, under the direction 18H2.] State Convention. 101 of John Myers, Jos. Potts, Benj. F.^ Havens, B. M. Selby and George H. Brown ; at Paetolus, under the direction of Churchill Perkins, Peyton A. Atkinson, J. G. B. Grimes, Rippon Ward, and Henry Stancil ; at Tarboro', under the direction of John S. Dancy, R. H. Pender, R. R. Bridgers, William S. Battle, and James R. Thigpen, and at such other , places and under the direction of such other persons as a majority of the commissioners first named may deem proper, for the purpose of receiving subscriptions to the amount of four hundred thousand dollars, in shares of fifty dollars each. 4. Be it furtlier vrdained, That the commissioners above Duiieoofcom- T 1 11 1 1 f 1 • 1 missioncrs. named, and all other persons who may hereafter be author- ized as aforesaid to open books for subscriptions, shall open the same at any time after the ratification of this ordinajicc, first giving ten days' notice thereof, of the time and place, in one or more qf the newspapers published in Washington and Tarboro' ; and the said books, when opened, shall be kept open for the space of thirty days, at least, and as long thereafter as the commissioners first above named shall direct, and the said first commissioners shall have power to call on and require all persons empowered to receive sub- scriptions of stock, at any time, and from time to time, as a majority of them may think proper, to make return of subscriptions of stock by them respectively received. 5. Be it furtlier ordained. That whenever the sum of To be declared • 1 1 incorporated ten thousand dollars shall be subscribed m the manner and '^'^en $io.ooo i* subscribed. form aforesaid, the subscribers, their executors, administra- tors or assigns, shall be, and they are hereby declared incorporated into a company by the name and style of the Washington and Tarboro' Railroad Company, and by that name shall be capable, in law and equity, of purchasing, holding, selling, leasing and conveying estates, real, personal and niixed, and acquiring the same by gift or devise, so far as shall be necessary for the purposes embraced within the scope, object and intent of their charter, and no further;- and shall have perpetual succession, and by their corporate name may sue and be sued, plead and be impleaded in any 102 State Convention. [Feb., ^tockbolilcrr Modv ot tbuir clrctinn. court of law Jind equity in this State, and may have and Ubc a common seal, which they may alter and renew at pleasure, and shall have and enjoy all other rights and imnmnities which other railroad corporate bodies may, and of right do exercise, and make all by-laws, rules and regu- lations that are necessary for the government of the corpo- ration, or effecting the object for which it was created, not inconsistent with the Constitution and laws of this State. 0. Be it further ordainal^ That it shall be the duty of the commissioners named in this ordinance for receiving ^ubscviptions in Washington, or a majority of them, as soon as the sum of ten thousand dollars shall have been subscril)ed, in manner aforesaid, to give public notice there- of, and at the same time to call a general meeting of the stockholders, giving at least fifteen days' notice of the time and place of meeting ; a majority of the stockholders lieing represented in person, or by proxy, shall proceed to L'lec't a President and Treasurer, and six Directors, out of the number of stockholders ; and the said Directors, shall have power to perform all the duties necessary in the gov- ernment of the corporation, and the transaction of its business ; and the persons elected as aforesaid, shall serve such period, not exceeding one year, ds the stockholders may direct ; and. at that meeting, the stockholders shall fix on the day and place or places where the subsequent election of President, Treasurer and Directors shall be held, and such election shall, thenceforth, be annually made ; but if the day of the annual election of officers should, under any circumstances, pass without an election, the corporation shall not thereby be dissolved, but the officers formerly elected shall continue i)i office until a new election takes place. 7. Be it further ordained, That the election of officers aforesaid, shall be, by ballot, each stockholder having as many votes as he has shares in the stock of the company, and the person having the greatest "number of votes polled, shall be considered duly elected to the office for Avhich he is nominated. -mkI at ;ill elections and upon all votes taken 1862.] State Convention?. lOa at any meeting of the stockholders, upon any by-law or any of the affairs of the company, each share of the stock shall be entitled to one vote, to be represented either in person or by proxy ; and proxies may be verified in such manner as the by-laws of the company may prescribe. 8. Be it further ordained, That the Board of Directors va<>«,ino,. may fill any vacancies that may occur in it during the period for which they have been elected, and in the absence of the President, may appoint a President, pro tempore^ to fill his place. 9. Be it further oxdained, That the Board of Directors ravmontof " _ _ ^ Hunsoriptinns. may call for the sums subscribed as stock in said company in such instalments as the interest of said company may, in their opinion, require. The call for each payment shall be published in one or more uewspnpers of the State, for one month before the day of payment, and on failure of any stockholder to pay each instalment as thus required, the Directors may sell, at public auction, on a previous notice of ten days, for cash, all the stock subscribed for in said company by such stockholder, and convey the same to the purchaser at the said sale, and if the said sale of stock does not produce a sum sufficient to pay off the incidental expenses of the sale, and the entire amount owing by such stockholder to the company for such subscription of stock, then, and in that case, the whole of such balance shall be held as due at once to the company, and may be recovered of such stockholder, or -his executors, administrators or assigns, at the suit of said company, either by summary motion in any court of superior jurisdiction in the county where the delinquent resides, on previous notice of ten days to said subscriber, or by action of assumpsit, in any court of competent jurisdiction, or by warrant .before a Justice of the Peace, when the sum does not exceed one hundred dollars ; and in all cases of assignment of stock before the Avholc amount has been paid to the company, then, for all sums [due] on such stocks, both the original sub- scriber and all subsequent assignees, shall be liable to the company, and the same may recovered as above described. 104 StATK (^ONVKNTIoN. [Feb. Debta of tlock- holders. Ortiftf^U'C nf !lUlOk. Capital stork authorized t" I*- Increnspil $100,000. Contracts by the Prenident and Swri-tnry. nipht of com - pany to pur- i-hnnpreal nstnte Rigbta of poui- pMiy in con- sftvctiDft th« roul. 10. Be it furtJier ordained. That the debt of the stock- holders due to the company for stock therein, either as original proprietor, or first or subsequent assignee, shall he considered as of equal dignity with judgments in the distribution of assets of a deceased stockholder by his legal repi'escntativcs. 11. Be it furt/ier ordained. That said company shall issue certificates of stock to its members, and said stock may be transferred in such manner and form as may be directed by the by-laws of the company. 12. Be it further ordained, That the said company may, at any time, increase its capital stock to a sum sufficient to complete said road, not exceeding the additional sum of one hundred thbusand dollars, by opening books of sub- scription of new stock, or borrowing money on the credit of the company, and the mortgage of its charter and works, and the manner in which the same shall be done, in either case, shall be prescribed by the stockholders. 13. Be it further ordained, That all contracts or agree- ments, authenticated by the President and Secretary of the Board, shall be binding on the company, with or without a seal ; such a mode of authentication shall be used as the company, by their by-laws, may adopt. 14. Be it further ordained. That the said company may purchase, in fee, or for a term of years, any lands, tene- ments or hereditaments, which may be necessary for said road, or for the erection of depositories, storehouses, houses . for the officers, servants or agents of the company, or for workshops or foundries, to be used by the compan}^, or for procuring stone or other material necessary to the con- struction of the road or effecting transportation, and for no other purposes whatever. 15. Be it further ordained, That the company shall have the right, Avhen necessary, to construct the said rail- road across any public road or along the side of any public road : Provided, That the said company shall not obstruct any ))ublic road without constructing one equally as good and as convcTiiont as the one taken by the company. 18G2.] State Convention. 105 IG. Be it further ordained, That when any lands or "'j^'i^t to rou- " douin property riffht of way may be required by the company for the pur- ia cases ot ° . . r J r ilisftjjrecmeut. pose of constructing their road, buihling warehouses, watcr- stjitions, workshops or depositories, and for want of agree- ment as to the value thereof, or from any other cause, the same cannot be purchased from the owner or owners, the same may be taken at a valuation to be made by a jury of good and lawful men, to be summoned by the Sheriff of the county in which the land required by the company may lie ; and in making the said valuation, the said jury shall take into consideration the loss or damage which may occur to the owner or owners in consequence of the land or right of way being surrendered, and the benefit or advantage he, she or they may receive from the erection of said road, and shall state particularly the value and amount of each ; and the excess of loss or damage over and aliove the advantage and benefit shall form the measure of valua- tion of the land or right of way : Provided, nevertheless, ^ That if any person or persons over whose lands said roads may pass, or the company should be dissatisfied with the valuation thus made, then, and in that case, either party may have an appeal to the next court of the county, to be held thereafter ; and the Sheriff shall return to said court the verdict of [the] jury, with all the proceedings thereon, and the lands or right of way so valued by the jury shall vest in the company so long as the same may be used for the purposes of said railroad, so soon as the valuation be paid, or if refused, paid over to the Clerk of the County Court : Provided, further, That the right of condemnation shall not authorize the said company to invade the dwelling house, yard, garden or graveyard of any individual without his consent. 17. Be it further ordained. That the right of said com- Amnnuf tou pany to condemn land m the manner described in the above section, shall extend to the condemnation only of one hundred feet on each side of the main track of the road, and from the centre of the same, except in case of deep cuts :ind fillings, when the said company shall have 11 IOC State Convention. [Feb.. Rights of tmnp porlatioii. Notice of pro- Powt-TS con- struct braiic-li roails. Authority to inxiic |.riO,(iUi) ill bonds ^«'ll^lll!r• 7 per cfiil. interp?!. .Sepiir'.ly tor tlip Ijunilfi. power to condemn as much in addition thereto as may be necessary for the purpose of constructing said road, and the company, in like manner, shall have power to condemn and appropriate land for the building of depots and shaps, not exceeding five acres in any one lot or station. 18. Be it further ordained^ That the said company shall have the exclusive right of conveyance or transportation of persons, goods, merchandise and produce over said road, at such charges as may be fixed by a majority of the directors. 19. Be it further ordained, That the profits of the com- pany, or so much thereof as the Board of Directors may deem advisable, shall, when the affairs of the company will permit, be annually or semi-annually divided among the .stockholders in proportion to the stock each may own. 20. Be if fm'ther ordained, That notice of process upon the President, or any of the directors thereof, shall be deemed and taken to be due and lawful notice of service upon the company. 21. Be it further ordained, That the company shall have power to construct branches of said road to connect with any other road that may be constructed east of the Wilmington and Weldon Railroad, and any contract that may be entered into with any other railroad company by the President and Directors of said company, after the consent of a majority of the stockholders first obtained, shall be binding on the company. 22. Be it further ordained, That it may be lawful for the Washington and Tarboro' Railroad Company to make and issue bonds to an amount not exceeding fifty thousand dollars, to be signed by the President of said company, untler the common seal of the same, in sums of five hun- dred dollai's each, bearing interst at the rate of seven per cent, or less per annum, to be paid semi-annually. 23. Be it further ordained^ That to secure the faithful payment of said bonds, it may and shall be lawful for the President and Directors of the Washington and Tarboro' llailroail Company to make, execute and deliver to such 1862.] State Convention. 107 person as the company may select or appoint, a deed of trust or mortgage, under the common seal of said company, wherein shall be conveyed to the person thus appointed trustee, the road, property, income and franchise of said company, acquired or to be acquired, conditioned for the payment of the interest and final redemption of said bonds. 24. Be it further ordained, That all officers of the com- Kiupioyws ox pany, and servants, and persons in the actual employment miiitiaduty. of the company, may be, and they are hereby exempt from performing ordinary military dut}^ (except in case of insur- rection or invasion,) working on public roads and serving as jurors. 25. Be it further ordained, That all the work hereby Oiiaiurtoex- 11111 I'll ^•^^ ^ -r- • 1 pirc unleas thn required, shall be executed with due diligence, and if it be workiscom- 1 • 1 • p f 1 • iiinnced within not commenced within four years after the ratification of fo"r years, this ordinance, then this charter shall be void. 26. Be it further ordained. That this ordinance shall be in force from and after its ratification, and shall be regarded as a public ordinance. [Matifed the 1th day of February, 1862.] AN ORDINANCE TO AUTHORIZE THE TREASU- [No. 10.] RER TO ISSUE TREASURY NOTES. Be it ordained by the Beleyates of the people of North xnai^uiy notes Carolina, in Convention assembled, and it is hereby ordained thedenomina- bi/ the authority of the same. That the Public Treasurer beUued" ' be, and he is hereby authorized to issue any amount of Treasury notes, now on hand, not exceeding one hundred and twenty thousand dollars, above the denomination of twenty dollars : Provided, Said notes shall bear no interest : And provided, further. That this amount shall be a part of the three millions heretofore ordered to be issued. {^Ratified the ith day of February, 1862.] 108 State Convention. l^^^^^y (No. 11.1 A RESOLUTION IN RELATION TO THE MINTS. Auihoriii^pto liesolvcd, That in the opinion of this Convention, it is iV^Krttion!" " of the highest importance to the interests. of the Confede- rate States, that the Mints situated witliin their limits should be placed in operation at the earliest practicable period, and that the Senators and Representatives in Con- gress be requested to use their best exertions to obtain this object. [^Ratified the 1th day of Fcbruaryy 1862.] [No. 12.] RESOLUTION RESrECTING THE PAY OF THE THIRTY-EIGHTH REGIMENT OF NORTH CARO- LINA VOLUNTEERS. r«y rniis to w Resolved, That the pay rolls of the companies of the .'iHTeVf"accoi'" thirty-eighth regiment of North Carolina Volunteers be P^iiik-. ' made out and received from the date of the acceptances of the companies respectively. \_Ratified the 8th day of Fehrnary, 18G2.] [No. 13.] AN ORDINANCE CONCERNING THE LEVYING OF TAXES BY THE COUNTY COURTS. Tax.'« f..t 1- B(i it ordained by the Delegates of the people of North «dZ*i''purroftv. Carolina, in Convention assembled, and it is ha'eby ordained by the authority of the same, That the Chairman of the County Court, and where there is no Chairman, the County Court Clerk of each and every county in this State, shall, by public notice, convene the Justices of the County Courts at their respective court houses on the first Monday in May, 1862 ; and a majority of the Justices being present, they shall proceed to levy taxes for county purposes, and may, in their discretion, as now provided by law, levy the taxes for school purposes ; and the Clerk of the respec- tive County Courts, shall, in such cases, enter the proceed- ings of said Justices on the minute docket of said County 1862.) State Convention. 100 Courts, as a part of the record of said courts thus convened in special session : Provided, That in counties holding regular terms of their County Courts in said month of May, or the first Monday of June, the levy hereby required shall be made at such regular term. 2. Be it further orxlained, That the act of the last extra Repeals m t of session of the General Assembly, entitled *' An Act to wV""* enlarge the powers of the County Courts for raising rev- enue for county purposes ;" which requires the Justices of the several County Courts, at their first court after the first day of January in every year, to levy a tax for county and school purposes, &C., be, and the same is hereby modi- fied and repealed, so far as the same may apply to the present year, 18(32. 3. Be it further ordaincdy That this ordinance shall r.iminauon or expire and be inapplicable alter the year 1862. 4. Be it further ordained, That those counties in which Tnxes ievie.i in if;ni)i-ane« of their County Courts have already levied taxes for county tiiisorainanee. and school purposes, and in those counties in which they may hereafter levy the same in ignorance of the provisions of this ordinance, the same shall be void and of no effect. [Ratified the 10th day of February, 1862.] A RESOLUTION TO PRINT AN ORDINANCE. fNo. 11.] Resolved by the Delegates of the peojyle of North Caro- oon eopics to i>(> Una, in Convention assembled, and it is hereby ordained '"" ^ ' by the authority of the same, That the Secretary of State be authorized and directed to have printed three .hundred copies of the ordinance this day passed, entitled " an ordi- nance concerning the levying of taxes by the County Courts," and forward one copy each to the Shcrtff, County Court Clerk and Chairman of the County Court of each and every county in the State. [Ratified the 10th day of February, 1862.] no State Convention. [Feb., rN.>. IT)-! A^ ORDINANCE TO AUTHORIZE THE HOLDING OF A COURT OF OYER AND TERMINER, AT VVAYNESVILLE, IN HAYWOOD COUNTY. ■ .iirt lotrv 1. Be it ordained bi/ the Delegates of the people of North Carolina in Convention assembled, and it is hereby ordained bij the authority/ of the same^ That His Excellency, the Governor of the State be^ and he is hereby authorized and refiuested to issue a commission to any one of the Superior Court Judges of this State, to hold a court of Oi/er and Terminer, at Wayncsvillc, in the county of Haywood, for the purpose of trying the persons now in jail at that place, charged with high crimes, which Judge, when so commis- sioned, shall be clothed Avith all the powers necessary for the trial and punishment of such offenders, their accom- plices, aiders and abettors. Puiwofihr 2. Be it further ordained, That the said Judge shall u g«ai.|.oin .jppyjj^^ .^ ^\.^y^ j^g early as practicable, for holding the said court, and shall give notice of the time appointed to the Solicitor of the District and the Sheriff of the county, and shall direct the Sheriff to notify three or more Justices of the Peace to meet at the office of the County Court Clerk of said county, and issue a venire to attend the said court ; and the Sheriff shall summons them to attend at the time appointed, at the Court IlOuse of the said county, and the Judge shall cause the grand jury to be drawn from the said venire, who shall serve as grand jurors, to pass upoai any bill or bills which may be sent before them, and the remainder of the venire shall, unless excused by the court, serve as traverse jurors. The said court shall have power to order, if -necessary, a further venire in said cases. uuieBandrc-u- 3. Be it further ordained, That the same rules and rcgidations shall govern the said court that are used at the regular terms, as to the duties of the Judge, the Solicitor, the Sheriff, and all others concerned in the said causes of trial, and all under the same pay, &c. 4. Be it further ordained. That this ordinance shall be in force from and after its ratification. [^Ratified the 10th day of February, 1862.] 18G2.] State Convention. Ul AN ORDINANCE GRANTING BOUNTY TO CER- [No. IG.j TAIN NORTH CAROLINA VOLUNTEERS. 1. Be it ordained by the Delegates of the people of North to roccivp ix.un .-, . 777 7''7 7 7'7 '''"'' SlltllOrii'.fll (Jarolma in Convention assemolea, ana it is here oy ordained i.yaotsor siu ly the authorifi/ of the same, Tliat the volunteers from this mhj. State in the military service of the Confederacy, 'where North Carolina is or may be credited for the same by the Confederate Government, arc justly entitled to, and should, therefore, receive the bounty authorized by the acts of the eighth day of iNIay, A. D,. 18G1, and of the tenth day of May, 18G1, whether the same volunteered first to the State or directly to the Confederate Government : Provided, hotveve^, That the officers of all volunteers directly to the Confederate States shall make such returns as the Gov- ernor may require. 2. Be it further ordained, That the Governor be author- Paymastpr to 17 7 T 7 11 1 paytlipboun ized and requested to direct the paymaster to pay all vol- ties. untcers who may not have received theigame, such bounty as they are declared to be entitled to by the above section of this ordinance. [Ratijied the l^tli day of February, 18G2.] AN ORDINANCE SUPPLEMENTAL TO AN ORDI- [No. 17 NANCE, RATIFIED AT THE PRESENT SESSION OF THIS CONVENTION, ENTITLED " AN ORDI- NANCE IN ADDITION TO AND AMENDMENT OF AN ACT OF THE GENERAL ASSEMBLY. RATIFED THE 15tii DAY OF FEBRUARY, 18G1, ENTITLED AN ACT TO INCORPORATE THE CHATHAM RAILROAD COMPANY, AND TO REPEAI^ AN ACT SUPPLEMENTAL THERETO, RATIFIED THE 23rd OF FEBRUARY, 18G1,- AND AUTHORIZING CERTAIN PERSONS TO OPEN BOOKS OF SUBSCRIPTION TO THE CAPITAL STOCK OF SAID COMPANY. 1 . Be it ordained by the Delegates of the people of North nooks of sui. Carolina, in Convention assembled, and it is hereby ordained ,',j"u<^" bi/ the authority of th<^ same, That an act of the General 12 State Convention. [Feb., Books of 8ub- Assembly, entitled "An act to incorporate tbe Chatham soription to be . opeDeu. Railroad Company," be amended by adding to section 2nd, the following: "And a majority of said general commis- sioners shall be competent to transact business ; and in the mean time it shall be lawful for books of subscription to said stock to be opened in the city of Raleigh, under the direction of Geo. W. Mordecai, William Henry Jones and \Vm. W. Vass, or either of them ; in the town of New- bern, under the direction of Ed. Stanly, A. T. Jerkins, W. II. Oliver, or any one of them ; in the town of Golds- boro', under the direction of E^ A. Thompson, Richard Washington, P. A. Wiley, or any one of them ; at Pitts- boro', under the direction of II. A. London, John H. Ilaughton, Jno. A. Womack, or any one of them ; at Hay- wood, under the direction of B. I. Howze, R. K. Smith and I. N. Clegg, or any one of them ; at Warrenton, under the direction of J. B. Batchelor, John White, Richard T. Arrington, or any one of them ; at Hillsboro'j under the direction of William A. Graham, Thomas Webb, P. .B. Kuffin, or any one of them ; at Smithfield, under the direc- tion of J. W. B. Watson, Edwin Sanders, J. B. Beckwith, or any one of them; at Oxford, under the direction of S. S. Royster, C. H. K. Taylor, R. B. Gilliam, or any one of them ; at Louisburg, under the direction of J. J. Davis, J. King, D. S. Hill, or any one of them ; at Norfolk, under the direction of S. M. Wilson, Kader Biggs, Jas. Gordon, or any one of them ; and at Petersburg, under the direc- tion of W. T. Joynes, R. K. Martin and Geo. D. Basker- ville, or any one of them ; and said general commissioners fc'hall have power to appoint a Chairman of their body, Treasurer, and all other officers their organization may reciuire, and to sue for and recover all sums of money that ought, under said act, to be recovered by them in the name of said corporation. [Ratified t/ie 10th day of February , 18G2.] 1862,] State Co^ivention. 112 RESOLUTIONIS RELATING TO RE-ENL18TMENT [No. 18. | OF VOLUNTEERS. Resolved, That in the oninioii of this Convention, it is J'^' '"^"^^b '- , . ^ ' nionthH voluu- ot the utmost importance, m the existing war, that our tceistorc- ^ ' o ' enlist. country shall not lose the services of the gallant^ volunteers of this State at the expiration of their present term of twelve months, and that such incentives to re-enlist should be held out to them as may induce their return to the army, after a brief interval for visiting their homes. Resolved, That the Congress of the Confederate States »"iiii«untuis '^ .suggrslcit. should offer such inducements in bounties of money and public land, devolving to them from the United States, within the States of the Confederacy and in the territories, and in pensions, in case of death, disability, and long terms of service, to volunteers enlisting for the war, as will procure the return of those inured to the service, and shall prevail with others to follow their example in filling up the ranks of the army. Resolved, That any volunteers of this State re-enlistiuir I'liuicgen of / * '-' volunteers in the service as herein proposed, should have the privilege rocniisimg of choosing their company officers by companies, and their regimental field officers by the commissioned officers of companies, and in forming regiments, the companies here- tofore associated should be kept together where they are fdled up in convenieiit time, and any new companies should be added to the regiment having nearest its complement, when such new company shall be received into the service. Resolved, That a copy of these resolutions be transmit- ted by the Secretary of this Convention to the Senators and Representatives of this State in the Confederate Con- gress, with a request tliat they bring the subject embraced in them to the consideration of Congress. [Ratified^ thr Uth daii of Fchrnarif. 1862.] 1 .". iinniuiiitioii. Ill- ' State Convention. [Feb.. [No. IH.j UEbOLLTiOi\fc> CONCERNING THE MANUFAC- TURE OF SULPHUR AND SALTPETRE. ii..v.iH..r Jitsuh'i'd, That tht' Governor be requested, and lie iy- Hiilliuriiu.-d to 1 1 • 1 11 * (• .-.ubiuii.i hereby authorized to ernplov the necessary lorce and pro- cure the necessary apparatus to manufacture SulpJiur and Saltpetre for the use of the State^ at such place or places, in or out of this State, as he may deem proper, and that he draw upon tlie Treasury fo]- the money to meet the expense t hereof, '■all ujHin Resolved, That tlic Governor be retjuetsted to call upon .-uteflf™'^ the Government of the Confederate States for a supply of ammunition for our militia and other forces. [Ratified tin- Uth day of February, 1862.] [i\(.. lio.] RESOLUTION TO RAISE CERTAIN ARTILLERY COMPANIES FOR THE DEFENCE OF WILMINri- TON. 'jiirc... iiii.il- 1. Resolved, That the Governor be, and he is hereby authorized to raise by volunteer enlistment, not exceeding three artillery companies to serve at the batteries already erected, or which may hereafter be erected on the Cape Fear River, below or at, and in the vicinity of the town of Wilmington, and that the men constituting such companies be entitled to the same bounty, pay and allowances as are by laAv allowed to the companies in the service of the Con- federate States. oi«uni«aU..n 2. Be it further resolved, That the Governor be author- scrvioo. ized to appoint Captains and Lieutenants to recruit such companies ; the term of service of said companies to be for twelve months, or for three years or the war, unless sooner discharged by the Governor. [Ratifird the l^f/i day of Fi'hrnary, 1802.] i8«Vi.'| iSTAit Convent tnv l-l-' i AN ORDIjSANOE . TO PROVIDE FOR THE AS- [No. 21.] SUMPTION AND PAYMENT (^F THE CONFEDE- RATE TAX. 1. Be it ordained hjj fhc JJclci/ad'K of I he people of JS'orth -riic state Carolma, in Convention asi^nfraon require each Captain now in the service, on or before the fn bcVhtatned 15th day of March, 1862, to return to the Adjutant Gene- ral a list of the officers and men under his command, with ihe county of the residence of each nt the time of his^entry into service. 4. Be it further ordained. That tlie Governor shall call ito.uii.im.-nt • • /> 1 . „ of la month" upon the several captains oi volunteer companies troni roiiinTpor=! North Carolina in the field for twelve months, or officers in command of companies, to muster their companies for re-enlistment, and shall make known to them the earnest desire of this Convention and the people of North Carolina, that they shall enlist for three years or the war, and in order to forward this purpose, tlie captains of companies, or offi- cers in command of the company, on the occasion of sucli muster, shall put the question distinctly to every officer and soldier belonging thereto, whether lie will re-enlist foi- three years or the war, or not; and those agreeing so to ve-enlist, he will cause to 'subscribe a roll containing such obligation, with their names and places of residence at the times of their first entry into service, and the signatures of the persons so re-enlisting shall be as binding as if they had been mustered into service ; which lists he will imme- diately r'^turn to tlie office of the Adjutant General of tho State. \ 11 i State Co>rVKNTioN. [Kri Kc-orK«ttU«iy.ii f,. Ji,. ,( further ordained. That voluutccr cmpanii > .iiiMiHc „Q^y jjj service, rc-cnli.stiiig, uiav rotam tliciv present oriraiiizatioii, or rc-nrsaiii/.f at llicii- option; and that all volnntecr.s not rc-cnli;/ the author itij of the same. That there shaU be a tax of °"^V' ^''*'' ■' 1/ •' April. thirty cents levietl on each gallon of spirituous liquors manufactured in this State, out of any corn, wheat, rye or oats, or any mixture of any or either of them, from the ratification of this ordinance up to the fifteenth day ol" \]>ril next. '2. Be it farther ordained. That from and after the 15th Muuuuiauiv day of April next, it ^hall not be lawful for any person in fMb aphi.' ^" this State to distil any such spirituous liquors, and all per- sons guilty of violating this section of this ordinance shall, for each and every act of distillation, be guilty of a misde- meanor, and on convi<;ti<,»n thereof, shall be fined or imprisoned at the discretion of the court ; the fine not to be less than one hundred dollars, or the imprisonment less than thirty days. :3. Be it further ordained, Thai there shall be levied a Taxoi>ii-tr tax of one dollar on every gallon of spirituous liquors sold Mquo?s''mauu- iii this State, not of the manufacture of this State; and uie state. said tax shall be paid by the seller, and .should the seller be K non-resident, then the tax shall be paid by the purchaser. 4. Be it further ordained, That each and every person, Persons i.. give 1 1 • • 1 • T /• 11 1 11 1 • in numlMT (if when he gives in his list oi taxable property, shall also give Rations man u- ^ 1 • 1 • • 1 1- , , fnrturcdin 111, on oath, to the magistrate taking saui list, the number tii.irtflxiisi, of gallons of spirituous liquors on which he is liable to pay i;ixe8 under the provisions of this ordinance, under the penalties, liabilities and forfeitures already provided by law in such cases. .1. Be if further ordained. That the tax of one dollar, mentioned in section third of this ordinance, shall not a])- ply to liquors brought into thi.=5 State before the first hn) of Fi'lmmni, 18G2.] (^■o. lb.] AN OKDixNANCE llELATlVE TU THE EXPENSES [NCUllRED BY THE BOARD OF CLABIS. luoWfuui Be it urdaiued bij the Delegates of the people of Norili Carolina in Convention assembled, and it is Itereby ordaind by the autJwrity of the same. That the Board of Claiui^ may draw upon the Public Treasurer for all incidental expenses necessarily incurred by them in the discharge of their official duties : Provided, That such expenses shall not exceed, in the whole, tlie sum of five hundred dollars : And, provided further, That said Board shall, in their final account, render to the State a statement of all monies by them expended under this ordinance, [^llatijledthe 21st day of February f ,1862.'] (No. 26.] ^^ OlIDINANCE TO MAKE SOME PROVISION FOR THE FAMILIES OF SOLDIERS DYING IN SERA^CE. uouuii oi I. He it ordained by the iJt legates of the ptople of North iirrcsrages due !•.>-» . »t7 i > • i i -i • , i.-Botofumiiiw Carolina in Convention assembled, and it is hereby ordained of doocaftL'fJ , uidicr^ by the authority of the same, That in case of the death iii service of any soldier, intestate, who, at the time of hi- death was, or shall be, entitled to bounty or any arrearage- itf pay from this State, such bounty and ])ay shall belong and be payable to the widow of such intestate soldier, and if there be no widow, to his children, and if there be n<> children, then to his next of kin as designated in the Stat- ute of DiHtfiliiitioi!^. :ni(l in the proportion,'; therein pr*- 1802.] State Convention. 121 scribed, and the identity of the person or persons claiming the same, and the degree of relationship of him, her or them, to the intestate as aforesaid, shall be established to the satisfaction of the proper executive or military author- ities, according to such regulations and rules as may be prescribed by the said authorities. 2. Be it further ordained, That any person who shall raise afiianTit,', wilfully sAvear falsely in any affidavit, deposition or testi- many made or given for the purpose of establishing or endeavoring to establish a claim to any such bounty or pay, shall be guilty of perjury, and upon conviction thereof shall be punished accordingly, [^llatified the 22d dai/ of February, 1862.] AN ORDINANCE CONCERNING THE PAYMAS- [No. 27.] TER'S DEPARTMENT. 1. Be it ordained by the Deleqates of the people of North officoorAssist- Carolina, in Convention assembled, and it is hereby ordained fstni-iisiieu. by the authority of the same, That the twenty-third sec- tion of the act of the last session i)f the General Assembly, entitled "Militia Bill," be amemled as follows: "That there shall be one additional officer appointed by the Gov- ernor, to be attached as Assistant to the Paymaster's De- partment, with the rank and pay of a First Lieutenant, who shall be subject to the same chief of the said depart- ment, and to the rules and regulations of the same. 2. Be it further ordained. That the said office, created by this ordinance, may be vacated by the Governor or the Legislature, whenever the public interest may require. [Ratified the llth day of February, 1862.] RESOLUTION IN BEHALF OF WM. R. LOVELL. [No. 28.] Resolved, That the Treasurer of the State pay to Wil- r»yf< m- liam R, LovcU the sum of eiglity-twu dollars, expended by 16 l22 State Convention. [Feb., him for the use of the sick soldiers of the eleventh regi- mcnt of North Carolina Volunteers, near Manassas, when employed as a nurse in August and September last. [Eat- ■ifu-J the 1'tth day of February, 18G2.] [No. 29.] A RESOLUTION IN FAVOR OF THE DOOR KEEPERS. fttra •ays e«rh t26 Rcsolvod, That tlic Trcasurer pay to the Doorkeepers of the Convention twenty-five dollars each, for servants' hire and extra expenses incurred by them during the pres- ent session. [^Ratified the 2Uh day of February, 18G2.] [No. 30.] AN ORDINANCE TO ENCOURAGE THE MANU- FACTURE OF COTTON AND WOOL CARDS. offTs u, innn to Be it ordaiued by the Delegates of the 'people of North liPi.iugnmnu- Carolina, in Convention assembled, and it is hereby ordained lin-tories the , ■ . . /. 7 rni • f> amount of tiie by the autiLority oj the same, ihat il any person or per- ( -out of Oie in 1 •! T 1 1 • r 1 ««m^ sons shall erect l)uuuings and construct machinery, tor tlu- purpose of manufacturing cotton and wool cards, and shall make proof to the Governor of the cost of such works, the Governor be, and he is hereby authorized to draw on the Treasurer for sums not exceeding the cost of said works, to be loaned to the owners thereof, on the execu- tion by them of bonds payable to the State, with sufficient security, conditioned to repay such sums at such time as the General Assembly may prescribe, and with such inter- est as may be required, not exceeding .six per cent, per annum : Provided, That such advances shall not exceed, in the aggregate, the sum of ten thousand dollars : And, provided further. That the cards thus manufactured shall, in the first place, be offered to sale to the citizens of this State. IHafified the 25f// day of February, 18G2.] 1862. 1 State Convention. 123 AN ORDINANCE FOR THE PAYMENT OF CLAIMS [No. 31.] AUDITED AND ALLOWED BY THE BOARD OF CLAIMS. Board of menU 1. Be it ordained by the Delegates of the people of North Carolina in Convention assembled, and it is hereby ordained olsbur^ by the authority of the same. That the Public Treasurer, upon the warrant of the Governor, pay To Samuel L. Dill, of Carteret, the sum of thirteen hun- dred dollars ; To G. W. Dill & Co., of Carteret, fourteen hundred and thirty-three dollars and thirty-three cents ; To W. G. Towler, of New Hanover, thirty-two dollars and fifty cents ; To the Marine Railway Company, of New Hanover, forty- eight dollars and ten cents ; To Dr. Jno. F. Miller, High Point, forty -dollars and ninety cents ; To Mclntyre & Brown, New Hanover, sixty-eight dollars and twenty-six cents; To Thomas II. Allen, of Craven, fifty-seven dollars ; To J. M.[M. Houston & Co., Lincoln, one hundred and four dollars and fifty-seven cents ; To John M. AVolfe, Orange, three dollars and fifty cents ; To E. H. Cunningham, Buncombe, one hundred and forty-three dollars and twenty-five cents : To Willie Walston, Edgecombe, forty-six dollars and sixty-five cents ; To P. B. Hardin tfc Co., Alamance, eight dollars and thirty-five cents ; To Dr. W. D. Somers, White Sulphur Springs, Va., five dollars and seventy-five cents ; To E. J. Hale & Sons, Cumberland, five dollars and thirty cents ; To J. H. Wood, Rowan, two hundred and fifty-eight dol- lars and forty-eight cents ; To John A. Graves, Caswell, twelve dollars and sixty- cents : ' 124 State Convention. [Feb., B..»r.i M To II. C. Stroud, assignee for Frank Harris, Orange, ri«iiii»— , ,, iH'-bumeinpnu. thirty lioliars ; To Harris & IIowcU, New Hanover, sixty dollars ; To Philip Sale, Greenville County, Va., twenty-five dol- lars ; To Joseph Barnham, Northampton, seven dollars ; To Phifcr & York, Cabarrus, one thousand and thirty- nine dollars and sixty-seven cents ; To Samuel Calvert, Northampton, one hundred and fifty dollars ; To W. V. Lloyd, Edgecombe, ninety-six dollars and sev- enty-five cents ; To Edwin M. Holt, Alamance, two hundred and eighty dollars and thirty-two cents; To Jas. Tiddy, Lincoln, forty dollars ; To William Tiddy, Lincoln, four dollars ; To John L. Bridgers, Edgecombe, thirty-five dollars and fifty -five cents; To D. C. McGregor, Buncombe, six dollars and twenty- five cents ; To W. 11. Stone, Buncombe, fifty-nine dollars and twenty- five cents ; To II. S. Alexander, Buncombe, thirty-three dollars and three cents ; To S. H. Christian, Montgomery, thirty-four dollars and seventy-five cents ; To Isaac Ramsey, Carteret, ninety-six dollars and eighty- four cents ; To Isaac Ramsey, assignee for L, II. Styron, Carteret, fifteen dollars and sixty cents ; To Jos. S. Norman, Washington, thirty-three dollars ; To Dr. Peter E. Ilines, Craven, one hundred and two dollars and sixty cents ; To Dr. A. C. Folson, Brunswick, ninety dollars ; To J. R. and W. B. Cainer, Martin, forty-six dollars and thirty-eight cents ; To Dunn & Spencer, I'ctersburg, one hundred and thirty- three dollars and seventy-six (cents) dollars ; 1862.] State Convention. 125 To Fulton. & Price, New Hanover, twenty-two dollars n^^Rvd or ' ' '' Claims— and fifty cents ; Digbursemcnts. To Hart & Bailey, New Hanover, two hundred and sixty- eight dollars and fifty-eight cents ; To John P. Mabry, Davidson, twenty dollars and twenty cents ; To J. B. Whitehurst, Carteret, twenty-four dollars: To Thomas Duncan k Son, Carteret, eighty-three dol- lars and seventeen cents ; To E. G. Clark, AVilson, fifty dollars and twenty-five cents ; To Mrs. Sarah A. Reid, Wake, thirty-five dollars ; To Patton & Alexander, Buncombe, two hundred .and forty-three dollars and forty cents ; To A. Mitchell cS: Son, Craveu, two hundred and fifty dollars and twenty-five cents ; To W. W. Smith, Buncombe, two hundred and thirty- five dollars and sixty-one cents ; * To Benjamin M. AValker, Washington, one hundred and twenty-eight dollars and ninety cents ; To J. F. Crawley, Beaufort, one hundred and thirty-eight dollars and fifty-five cents ; To Capt. C. M. Avery, Burke, fofty-two dollars and fifty cents ; To Dozier & Co., Edgecombe, eighty-one dollars and thirty-five cents ; To Jacob Bachman, Chowan, twenty-four dollars and thirty-five cents ; To J. L. Pennington, Craven, seventy-seven dollars and forty-three cents : To E. G. Mangum & Co., Orange, one hundred and eight dollars and thirty-nine cents ; To W. C. King, Carteret, two hundred and fifty-eight (lollars and eighty cents; To Geo. W. Ward, Martin, twenty-five doUnrs ; To W. W. Ilapper, Halifax, fifty dollars and thirty cents ; 125 State Convention. [Feb., Bn«^ "f To J. J. Jenkins, Clcavcland, twenty-six dollars and »•*• tliirty-tlircc cents ; To Millor & Foster, Davidson, three hundred and forty- two doUars and twenty-eight cents ; To James A. Washington, Wayne, five hundred and ninety-one dollars and fifty-nine cents ; To llich'd C. Coher, Northampton, forty-five dollars ; To J. 11. Davidson, Iredell, forty-six dollars and ninety- three cents ; To Polk county, five hundred and one dollars and twen- ty-eight cents; To Richmond county, three thousand three hundred and ilineteen dollars and thirty-one cents ; To Alamance county, two thousand six hundred and ninety-one dollars and fifty-four 'cents; To Iredell county, two thousaiul one hundred and forty- nine dollars and eighty-six cents ; To Macon county, six hundred and fifty-four dollars and seventy-five cents ; To Currituck county, eighty-nine dollars and ninety-one cents ; To Cumberland county, five thousand four hundred and thirty-seven dollars and sixty-six cents ; To Alexander county, five hundred and twelve dollars and eleven cents ; To Lenoir county, six thousand four hundred and ninety- nine dollars and nine cents ; To Jos. H. Neff, New Hanover, one hundred and sixty- three dollars and sixty cents ; To Jerry Drew, and others, Northampton, one hundred dollars ; To Stanly county, two thousand seven hundred thirty- three dollars and thirty-five cents; To Surry county, two thousand eight hundred and fifty- three dollars anuH. which may be incurred under the foregoing section, the said commissioners shall have power to borrow money upon such terms and under such regulations as they may adopt, and to impose such taxes upon the subjects now liable to taxa« tion within said town as may be necessary. ThePtfito 3. Be it furtlmr ordained. That whenever the command- iiMumcs the -rv. Ill -pii • 111 cxpenwB ing officer shall certiiy that the expenses incurred by the l.rtiTi.h-d (ho ^ . . ,,.■,• r y t'oiiwurntu connnissioners under this ordinance were necessary tor the ioBh^unioiiMin State tlcfence, the same shall be a charge upon the Public Treasury : Provided, That application shall have first been luiide to the Confederate (jovernment, and they shall have , I^OI^.J State Convention. ^-^ failed to assume tlie paymoTit of the same six months after said application. 4. Be it further ordaine.cl That the provisions of this ^-^^^^ ordinance be extended to the commissioners of the towns of Newbern and Washington, or any other towns that may inake the same application, under similar circumstances. [RaiiJirdth<'2Qthdiij^ of Fehrvmy/, 18G2.] \N ORDINANiCE TO PROVIDE FOR FUNDING [No. 3",.] THE TREASURY NOTES OF THIS STATE, AND FOR OTHER PURPOSES. 1. Be it ordained, #r., That any of the Treasury notes ^^''J;.,^,:-'^"^ issued or hereafter to he issued under the ordinance of this »""'»'< Convention, ratified the 1st of December, 1861, directing the issue of three millions of Treasury notes, as well as those issued by an ordinance of the present session, entitled "Atl ordinance to provide for the assumption and payment of the Confederate Tax," may be funded at the will of the holder in coupon bonds of the State, to be prepared by the Treas- urer, and payable 20 years aftSr date, or sooner, at the pleasure of ihc State, and bearing interest at the rate of eight per cent, per annum, payable semi-annually at the Treasury, or in six per cent, bonds of the State, payable 30 ■ years after the 1st of January, 1802, interest payable semi- annually, exchangeable in Treasury notes, at the option of the holder, from time to time, until the Treasury notes fall due, said bonds being of th- .lonnminntions of ^r.OO auroiinl tfi \, |I0 and iM to Im- ImiiI«*V Troapurj' notes of this State, or in gold or silver coin : and it shall he the duty of the Treasurer to issue instructions to the Sheriffs and tax collectors in the several counties on this subject, and it shall not he hnvrni fur any Sherift" or collector to receive taxes in any other funds than as directed hy the Treasurer under this ordinance. •3. Be it furtht-r ordained, That all the Treasury note funiled in bonds, or paid into the Treasury for taxes or other public dues, may be re-issued in payment of the debt of the State, or in exchange for six per cent, bonds of tli. State, on application of the holder at any time before the notes fall due: Provided, That the Treasury notes issued to pay the Confederate tax shall not be used to pay the debts of the State: and the Treasurer and Comptroller shall each keep an account of all notes re-issued and thos, refunded in bonds, from to time, and the date of such trans action, and particularly noting the interest on each bond when taken up, and the amount of interest due on each bond when exchanged for Treasury notes, and in all cases shall charge the party receiving such bonds with the inter- est due at the time of delivery. 4. Ji, it further ordained. I'hat as the exigencies of the public service may, in the opinion of the Governor, require before the fi.-st day of January, 1863, the Public Treasurer IS authorized and recjuired to issue other Treasury notes as aforesaid, not exceeding in amount the further sum of fifteen hundred thousand dollars, and that the said notes shall be prepared, signed and issued as in the said ordinance, rati- fied on the first day of December, 18(31. f). Be it further ordained. That the aggregate amount of said Treasury notes outstanding at an/one time, and ol the bonds given in exchange for or discharge of Treasury notes as aforesaid, shall not exceed the amount of suJh noteo authorized by law heretofore, or in this ordinance. t;.^ Be it further ordained. That it shall be the duty of the Treasurer, as soon as convenient, to issue Treasury i.otes of the denominations of five, ten and tucntv .loHars n. o.p.al amounts, instead of. and io exehan-M' for. anv of 1862. J State Convention. 1.31 the Treasury notes heretofore issued, not bearing interest, of the denominations of fifty and one hundred dollars, on the application of the holders of said notes, and when so taken up or exchanged, the f;ai(l notes of fifty and one liundred dollars shall be cancelled, and the same shall be noted by the Treasurer on his books and on the books of the Comptroller. 7. Be it further urdaiiied, That if any one shall falsely I'uniRijmpni f-i forge, or knowinojly pass, or oner to pass, any false, forszed, "rpHssiuR or counterfeited paper, purporting to be a Treasury note or bond of this State, he shall be liable to indi«tment in the Superior Courts in the county in which such offence may be committed, and on conviction thereof, shall suffer all the paiiis and penalties, according to the 59th section of the S4th chapter of the Revised Code. 8. Be it further ordained, That in addition to the Treas- ti.'J'io.ono in 1 /• • 1 • 1 11 1 1 bf issued ill ury notes heretoiore issued, it shall be the duty of the smaii dononn •^ . ... nation?. Treasurer to issue one million of dollars, in small denomi- nations, to-wit : four hundred thousand dollars in the de- nomination of two dollars, foui- hundred thousand dollars in the denomination of one dollar, one hundred thousand dollars in the denomination of fifty cents, fifty thousand dollars in the denomination of twenty-five cents, twenty- five thousand dollars in the denomination of twenty cents, and twenty-five thousand dollars in the denomination of ten cents, payable on the first day of January, 1866, to be used in liquidation of any claims against the State to persons willing to receive the same, but not to be funded in bonds of the State, but shall be receivable in payment of taxes or other public dues ; and he shall keep an accu- rate account of the issues, from- time to time, made under this section of this ordinance. 9. Be it further ordained, That no bank receiving the Bank«rcw.itinc Treasury notes of this State, as contemplated in the sec- ^"'^^^^ '"'** tion of this ordinance, shall be required to receive, or have on hand at any one time, more than two-fifths of the capi- tal stock of such bank in said notes. 132 State Convkntion. [Feb., 1K62 Pr**iM( aru '.I \() J^f jt furtjirr ordaliird, That so much of the act el AM-mMvun-i the General Assenibly, entitled "An Act to provide w;»v miiflci .,^,1 means for the defence of the State," ratified Septenibei 1 8th, 1861, as authorizes tlie issue of one million dollar - of the denominations of two dollars, one dollar, fifty cents, twenty-five cents, twenty cents, ten cents and five cents. «nd also the ordinance of the Convention, ratified Decern her 1, 1861, directing the issue of three millions of dollars of Treasury notes, and the ordinance to provide for tli<: assumption and payment of the Confederate tax, as well as all the issues of Treasury notes and bonds under said act and ordinances, arc hereby ratified and confirmed. Th. TtrH.nr.r H. Bc It furfJicr ordained. That in the event of the ■ n<1C«m|>tr<>ll wllbbold {■•yintot. included a claim of J. R. Davidson, of Iredell county, for forty-six dollars and ninety-three cents ; and, whereas, it appears that this same claim has been paid to the claimant by the Paymaster General's Department ; therefore, lie it resolved, That the Treasurer of the State ■with- hold the payment of 'the said claim of forty-six dollars and ninety-three cents to said Davidson. [^Katifud the IQth day of April, 1802.] I [No. ;i.J RESOLUTIONS CONCERNING BURKE. HE COUNTY OF 7(hwviic.nor 1. Resolved, That the seventh section of an act passed tin- K«-T»nut! . <.i/-i 1 A ^ ^ r Art not u. at the second extra session oi the General Assembly ol 18G0-'C1, entitled "An Act concerning Revenue," shall not apply to the county of Burke, but that the Court of rieas and Quarter Sessions of said county, next ensuing^ shall be allowed to carry into effect the provisions of said section. iTiviin-oof uie 2. Be it further resolved, That the Clerk of the County counij Curt. Court of Said county, shall be allowed until the 25th day of August, 18G2, to deliver to the Sheriff of said county a fair and accurate copy of the tax lists, as roijuirod by the 20th section of said Revenue Act. .luj'tirm. 3. Be it further resolved, That twelve Justices of the Peace in and for said county of Burke, shall form a tjuo- rum and have full power to assess and levy taxes, and transact all other county business, provided a majority of said Justices cannot be assembled. 4. Be it further resolved. That the first and second of these resolutions shall expire and be ina})plicable after the year 18G2. [Rafijird the 1st day of May, 18G2.] l^^J'-2.] State Convention. 130 AN ORDINANCE FOR THE RELIEF OF THE BANKy [No. 4.] OF THIS STATE. Be it ordained by the Delegates of the people of North •^iit>i'>n7.-. n T ' /I • lit ■,..-, stockholders in Carolina in Convcntio^i assejnOu'd, and it is herehy ordained ""nksto ?7 7-^7 mil chnngp tlicir by the autkonty of the same. That aurinff the continuance pi«'-<-» "f moii- "^ t^ •' / o ,njr under of the present war, the stockholders of all the Banks in T'"'" '■''^'■""' ■^ ' stances. this State, located at places occupied or in danger of being occupied by the enemy, whereby the holding of the stock- holders' annual meetings thereat may be impracticable, or (juite uncertain ; may, if they deem it expedient, hold general meetings at other times and places than those -specified in their several charters, which meetings shall be called in the manner prescribed in their charters and by- laws, respectively, and held at places as convenient as may be practicable to their respective locations ; and the Presi- dent and Directors of any such Banks wlio are now in office may continue therein until a meeting of its stock- holders shall be held and their successor^ shall be elected. [Ratified the 2d day of May, 1862.] AN ORDINANCE TO PROVIDE FOR COLLECTING [No. 5.] THE TAX ON SPIRITUOUS LIQUORS MANU- FACTURED OR SOLD IN THIS STATE, IM- POSED BY AN ORDINANCE OF THIS CON- VENTION, WHICH AVAS RATIFED ON THE 21st DAY OF FEBRUARY, 1862. 1 . Be it ordained by the Deleqates of the people of North To be roiieri«i ^ • J » 7 7 • • 7 7 7 • 7 ■• •*''' "^^ Carolina, in Convention assembled, and it is hereby ordained time ts other by the authority of the same. That the Sheriffs of the several counties in this State be, and they arc hereby authorized and directed to collect from the distillers of spirituous litjuors in their respective counties, the tax of thirty cents per gallon "on each gallon of spirituous liijuors manuf\ictured in this State," and of "one dollar on every gallon of spirituous liquors sold in this State not 140 State Convention. [i^I^'y* the manufacture of this State," imposed by an ordinance of this Convention, rntificd February 21st, 18G2, at the time they, the said Sheriffs, collect the other taxes as ti,««o»» required by law. The said Sheriffs shall have power and . ..minUlct*il to .... , 1 !• Ml .iMiiimiaod authonty to administer oaths to such distillers or sellers as to the quantity distilled or sold by them, in all cases where the same shall not have been regularly listed at the time for listing taxables, and shall collect the tax on the same, in all cases, whether the said distillers or sellers may have listed the same at the time they listed their other taxables or not. The Sheriffs of the several counties shall, on paying into the Treasury the taxes of their respective counties, render a separate account or schedule of the tax collected from this source, to be set forth by the Comp- troller in his annual official report. I'un'ishniont f r 2. Be it furthcr ordaiiied, That any person who sliall !^."arh"thc refuse or neglect to state, on oath, to the Sheriff as before ijllil^r mode or providcd, thc quantity of spirituous liquors manufactured or sold, as the case may be, and to pay the tax on the same, as imposed by law, shall be guilty of a misdemeanor, and in addition to the liability to pay double taxes, such l)erson shall be indicted in the County or Superior Courts, and on conviction, shall be fined at the discretion of thc court ; and it is hereby made the duty of the grand juries to present all such delinquents, and it is also made the duty of the Sheriffs of the several counties of this State to report to the County or State Solicitor for their counties, the names of all persons that may fail or refuse to render a statement, under oath, to thc Sheriff, of the quantity of spirituous liquors manufactured or sold bytliem ; and this ordinance shall be given in charge to the grand juries of thc courts of the several counties of this State ; and any Sheriff of any county in this State who shall fail or refuse to discharge the duty imposed on him by this ordinance, shall be indictable as for a misdemeanor, and, on convic- tion, fined at the discretion of the court, [liatijied the 2nd daif of May, 18G2.] 1862.] State Convention. 141 AN ORDINANCE CONCERNING THE ELECTION [No. 6.] OF GOVERNOR. Whereas, By the construction whicli, in practice, has I'nambic. been given to the Constitution of the State, the Speaker of the Senate, in case of a vacancy in tlie office of Gov- ernor, shall exercise the powers of Governor by virtue of his office as Speaker, and without vacating the same, which said office of Speaker must cease and determine Avith that of the incumbent as a Senator, upon the election of his successor in the next succeeding Senate, and the same construction would apply to the succession of the Speaker of the House of Commons to,the exercise of the powers of Governor ; and whciras, according to this construction, a vacancy will take place in the office of Governor from and^after^the day of the next election on the first Thurs- day in August next, until the first day of January, A. D., 1863, against which it is the duty of this Convention to provide ; therefore, 1. Be it ordained hy the Delegates of the peojde of North Governor oioot Carolina in Convention assembled, and it is hereby ordained »■■''<•* '>'■" "est by the authority of the same, That the person who shall aayinscpum- be elected Governor of this State at the next regular elec- tion on the first Thursday in August next, as now provided for by law, shall also fill the office and discharge the duties of Governor of this State from the second Monday of September until his successor shall be qualified. 2. Be it further ordained, That the proper returning Dutic? of officers of every county, shall, as soon as the result of the offlwrT*^ election is known in his county, transmit to the Secretary of State a statement of the votes taken in his county for Governor, which statement shall be made up from the poll books of his county, as is now prescribed by law. 3. Be it furtlier ordained, That the Secretary of State, vote to ho the Treasurer and Comptroller, shall, on the fourth Thurs- 4iii Tbur^iay day in August next, in the presence of the Governor, pro- '° "^"* ' cced to examine said returns, and ascertain and declare what person shall have received the greatest number of 142 State Convention. [May,^ fJt.T'Tnor fleet t/i |.-ik<>lh«M'Hth iif offlip nn the .M MoiKlay in Scftcuiljcr. r.f.T rUrk to •-••nliiiii'' in ofilci- (ill liiH ■iuco'.Hr'or i.< •(ualitiuU. votes, whereupon the Governor sliall issue his prodamation, (leclarin;i; such person duly elected Governor of this State (Vom the second Monday of September, A. D., 1862, until his successor shall be qualified. 4. Be it further ordained, That ihe person so declared and proclaimed Governor as aforesaid, shall, on the second Monday of September, A. D., 1802, appear before some Judge of the Supreme Court, or some one of the Judges of the Superior Courts of Law, and take and subscribe the oath now prescribed by law for qualification of Governoi of this State, and shall immediately enter upon the di charge of the duties of his office, Avhich oath, so taken and subscribed, shall be filed in the , office of Secretary of State. 5. Be it further ordained, That His Excellency, Ilenr- T. Clark, shall continue to hold the office and dischar^ the duties of Governor of this State from the first Thurs- day in August until the second Monday in September next, or until his successors shall be (qualified, as fully and to all intents and purposes, as he has heretofore done, and shall leceivc the usual salary, in proportion to his extended term of service. \_Ratified the %id day of 3Iay^ 1862.] [No. 7 ] RESOLUTION TO PROVIDE FOR THE PROMPT COLLECTION OF THE TAX IMPOSED ON THE MANUFACTURE AND SALE OF ARDENT SPIRITS. rnmptrr.llpr tc. Iiarx I'rintJ'd .KK) rni.i.s III MrilinniKf. nnd to fnrwNril U> Resolved, That the Comptroller l)e authorized and di- rpcted to have immediately printed three hundred copies of tliQ ordinance passed this day, entitled "An Ordinance l'» provide for the collecting of the tax on spirituous liquors manufactured or s(dd in this State, imposed by an ordinance of the Convention, ratified on the twenty-first day of Feb- ruary, 1862," and forward a copy to the Sheriff, County Court Clerk, the Chairman of the County Court and the County Solicitor, for each and every county in the State. lUatified the 2nd day of May, 1862.] 1862.] State Convention. 143 AN ORDINANCE TO PAY THE REV. MORRIS H. [No. 8.] VAUGHAN FOR CERTAIN SERVICES. Be it ordained hy tlie Delegates of the people of North, Pays$ioo. Carolina, in Oonvention assembled, and it is lierehy ordained hy the authority of the same, That the Public Treasurer pay the Rev. Morris II. Vaughan one hundred dollars for services as Chaplain at Roanoke Station from the 2.5th of June to the 25th of August, 1861, and that the same be allowed the Treasurer in the settlement of his accounts. lliatified the 5th day of May, 1862.] AN ORDINANCE AMENDATORY OF AN ORDI- [No. 9.J NANCE TO RAISE NORTH CAROLINA'S QUOTA OF CONFEDERATE TROOPS, PASSED AND RATIFIED THE 19th OF FEBRUARY, A. D., 1862. 1. Be. it ordained by the Delegates of the people of North tiip iK.uutv to Carolina, in Convention assembled, and it is Jtereby ordained by the authority of the same. That under the 7th section of "An Ordinance to raise North Carolina's quota of Con-' federate Troops," the bounty to privates, musicians and non-commissioned officers shall be paid as follows : To all volunteers between eighteen and thirty-five years of age, for three years or the war, including those accepted directly by the Confederate Government, where North Carolina is or may be credited for the same ; to all volunteers between eighteen and thirty-five years of age for a less term, re-en- listing or continuing in service for three years or the war, including their former term, by virtue of the Conscription Act of Congress ; and to all persons, substitutes excepted, mustered into companies already organized, or organized into companies preparatory to active service by virtue of said Act of Congress : Provided, however. That the officers of all volunteers directly to the Confederate Government, claiming the said bounty, shall make such returns as the Governor m.ay require. 144 State Convention. [Mfiy> vhr-n due and 2. Be U furthc)' ordained. That the bounty to those now in service shall be due presently and be paid accord- ing to seniority of regiment. ■ oTcrnorU) 3. Be it further ordauicd^ That the Governor be, and iintcerR ovr 30 he is hcrebv directed to discharge all volunteers over thir- f rr«>d. ty-iive years of ago not yet transferred to the Contederate Government, that may desire a discharge. 4. Be it further ordained^ That all volunteers for three years or the war that have volunteered or may volunteer before the seventeenth 6f this month, and shall continue in service for the war, shall be entitled to the bounty of fifty dollars as heretofore paid, nlthougli they may be over thirty-five years of age. \_llatifii:d the Gth day of Ma//, 18G2.] [No. 10.] AN ORDINANCE EXEMPTING THE PROrERTY OF DELINQUENT SOLDIERS FROM DOUBLE TAXES. - iTcMiiMc. AViiEREAS, At the time prescribed by law for listing taxable property in this State, many of its citizens were in the military service of their State and of the Confede- rate States, and in consequence thereof failed to give in their lists of taxable property ; therefore, .^hcriiTi in- Be it ordained by the Belei/ates of the people of North oi^y ih.- «i'ni-'i.; Carolina, in Convention assembled, and it is hereby ordained \ tax. by the authority of the same, That the Slicriffs of the respective counties in this State arc hereby instructed to collect no more taxes from such delinquents than they would have been liable for had they rontlered in tlieir lists of taxables according to law. \_liatifu'd the 1th day of May, 18G2.] 1862.] State Convention. 145 AN ORDINANCE TO AUTHORIZE THE PUBLIC [No. 11.] TREASURER TO PAY REV. F. V. HOSKINS FOR SERVICES AS CHAPLAIN OF THE SEV- ENTH REGIMENT OF NORTH CARQLINA VOL- UNTEERS. Be it ordained by the Delegates of the jjeople of North r^ys $ioo- Carolina, in Conventioti assembled, and it is hereby ordained by the authority of the same, That the Treasurer pay the Rev. F. \. Hoskins the sum of one hundred dollars for his services as Chaplain to the Seventh Regiment of North Carolina Volunteers, from the twenty- ninth of August, 1861, to the twenty-ninth of October, 1861, while prisoners of war, and that he be allowed the same in the settlement of his public account. \_Eafifed the 1th day of May, 1862.] AN ORDINANCE IN REGARD TO THE BOARD [No. 12.] OF CLAIMS. Be it ordained by the Delegates of the people of North To report to Carolina, in Convention assembled, and it is hereby ordained wy by the authority of the same, That after the adjournment of this Convention, the Board of Claims, during their continuance in office, may report the result of their action on such claims as they allow to the General Assembly ; and the General Assembly is hereby authorized to pass, finally, upon such claims, and make provision for their immediate payment. [^Ratified the 1th day of May, 1862.] RESOLUTION IN FAVOR OF ALAMANCE COUNTY. [No. 13.] Resolved, That the Public Treasurer pay to the County raypjaseai. of Alamance the sum of five hundred and thirty-six dol- lars and thirty-one cents, allowed by the Board of Claims, as reported by the said Board this day, by way of making up the proper sum, which ought to have l)ccn allowed in the report in February last. [Ratified the 7th day of May, 1862.] lU 14«^ State ConveN'tion\ [May, [No. 14.] AN ORDINANCE TO AMEND AN ORDINANCE, EN- TITLED '' AN ORDINANCE TO SECURE TO CER- TAIN OFFICERS AND SOLDIERS THE RIGHT TO VOTE.' K-tumins: 1. Be it Ordained by the Ikbiindii vj (he people of North jod«)^ u. (Jarolina, in {Jonvention assemlded, and it is herebu ordained iwelre the vote 7 • /. 7 mi i offloijicrs by the authonti/ of the same, That the proper returning officers of every county in this State shall include in their returns the votes of officers and soldiers given in any election in which they may be entitled to 'vote by law, if received within twenty days after they are cast, and the said returning officers shall not make up their returns and declare the result of said elections until the expiration of twenty days as aforesaid. To tranotnit the 2. Br. it further ordahied, That the proper returning ruorwiUiins officcr of cvcry couuty sliall, witliiu eight days after the period fixed for comparing the returns, transmit to the seat of government and deliver to the proper officcr a statement of vot^s given in his county for Governor, which statement shall be made in the manner and form now required by law. 3. Be it further ordained. That the Govcihior be di- rected to make known, by proclamation, the provisions of the ordinance securing to officers and soldiers the right to votf.. IRatified the Sth day of May. 1862.] 1 [No. ir,.] AN ORDINANCE TO AUTHORIZE THE PAYMENT OF CERTAIN CLAIMS ALLOWED AND RE- PORTED BY THE BOARD OF CLAIMS. •Jf'""^ «»' />' il ordained bii the .Delei/alia of the ueonli' of North Disburoemenu (Jarolina in Convention assembled, and it is hereby ordained by the authority of the same, That the Treasurer be, and he is herol)y authorized to pay the following claims out of any monies in the Treasury not otherwise appropriated, and shiili III' allowed the same in the settlement of his account : 1862.] State Convention. 147 To Bladen county, six thousand eight hundred and sixty Boaj'i "f doUars and twenty-three cents ; Disbursements. To Mecklenburg county, six thousand one hundred and seventy-seven dollars and three cents; To Davidson county, four thousand one hundred and eighty-nine dollars and thirty cents ; To B. F. Biddlo, one hundred dollars; To Ellis k Mitchell, sixty dollars and forty-two cents ; To Samuel li. Bunting, seven dollars and twelve cents ; To J. F. Post, L. 11. Bowen, W. T. J. Vann, G. L. Dudley, J. L. Wooster, Thad. II. Nichols, Thos. E. Law- rence, D. E. Bunting, Tiios. J. Southerland, Sara'l Shcpard, W. P. Elliott, Tlionias C. Moore, D. K. F. Everitt, H. A: Martindale, S. A. Story, J. A. Wright, James W. Lippitt, John W. Zimmerman, and 11.' J. Howard thirty-seven dol- lars and fifty-two and two-third cents each; To Pitt county, seven thousand three hundred and sixty- one dollars and sixty-seven cents; To Gates county, five thousand six hundred and twenty- one dollars and fifty-four cents; To Rutherford county, four thousand three hundred and seventy-one dollars and eighty-two cents ; To Ashe county, one thousand one hundred and eighty- one dollars and eighty cents ; To Hyde county, one thousand nine hundred and sev- enty-six dollars and fifty-nine cents ; To Wilson county, three thousand six hundred and eighty-nine dollars ; To Caldwell county, one thousand tAvo hundred and one dollars and forty-two cents ; To J. II. Neflf, one hundred and sixty dollars and thirty- eight cents ; To Rockingham county, three thousand eight hundred and fifty-one dollars and ninety-six cents ; To W. U. (fc K. S. Tucker, one hundred and fifty-seven dollars and fifty-two cents ; To James Cassiday, eighty-eight dollars and fifty cents ; To Capt. J. W. Francis, one thousand one hundred and sixty-two dollars and ninety-five cents ; 148 State Convention. [M«''y, Bow^ »f To J. R. Love, twcnty-foui- dollars ; Clkbn*— •> J Dtabardcmcnu. q^q B. D. Morrill, scven dollars ; To J. S. Williams, seventy-eight dollars and sixty-six cents ; To J. P. Flannagan, (Iredell,) twelve dollars ; To Columbus county, six thousand six hundred and thirty-three dollars and fifty-one cents; To Anson county, seven thousand seven hundred and twenty-one dollars and eighty-two cents ; To Franklin G. Pitt, two hundred and thirty-five dollars and seventy cents ; To Charles Green, fifty-seven dollars ; To Stanly county, six hundred and twenty-five dollars and twenty-nine cents ; To B. M. Walker, one hundred and forty-five dollars ; To J. M. Israel, two hundred and twenty-three dollars and one cent ; To W. II. Cunningham, one hundred and nine dollars and eighty-five cents ; To James Wilson, two hundred and eighty-two dollars and forty-four cents ; To John J. Long, Trustee for Virginia A. Johnson, sev- enty-five dollars ; To J. W. Bennett & J. W. McDanicl, Administrators of W. T. Bennett, deceased, eighteen dollars and twenty cents; To Dr. E. S. Carter, forty-three dollars and twenty-four cents ; To Bertie county, six hundred and fifty-four dollars and twenty-two cents ; To Daughtry, Cox & Co., fourteen dollars and twenty- eight cents ; To Freer & Elliott, fourteen dollars and fifty cents ; To W. R. Blanchard, eleven dollars and thirty-eight cents ; To Barrow & Co., thirteen dollars and ninety-three cents; To J. II. Dalton, twenty dollars ; To Dr. L. R. Sanders, three hundred and ninety dollars ; 1862.] State Convention. 149 To John Cohoon, fifty.-nine dollars and nincty-tAVO cents ; Ronni or To James Cassiday, Assignee, four hundred and twenty- Di"bur^monts. five dollars ; To A. S*. Crowson, twenty-seven dollars and twenty-five cents ; To E. Stanly, four dollars and fifty-one cents ; To Jas. B. Gordon, sixteen dollars and fifty-seven cents; To H. Iloer, two dollars and twenty-five cents ; To John K. Currie, thirty-four dollars ; To Dr. John W. Davis, one hundred and sixty-three dollars and twenty-five cents ; To D. Pender & Co., one hundred and one dollars and forty-seven cents; To McNair, Bro. & Co., one hundred and thirty-seven dollars and fifty cents ; To B. 11. Merriman, three hundred dollars and ninety- nine cents ; To W. F. & T. J. Strayhorn, twenty-nine dollars and eighty-two cents; To Dr. Joseph Commander, seventy-eight dollars ; To Samuel C. Bryson, seven hundred and forty-five dol- lars and twenty-three cents ; To Worth & Daniel, thirty-seven dollars and sixty-four cents ; To R. T. Clark, sixty dollars ; and To Montgomery county, two thousand nine hundred and seventy-six dollars and eighty-nine cents. [Matified the Sth dmj of May, 18G2.] AN ORDINANCE TO AUTHORIZE THE STOCK- [No. 16.] HOLDERS OF THE MINERS' AND PLANTERS' BANK, OF MURPHY, TO ESTABLISH AN AGENCY OR BRANCH EAST OF THE BLUE RIDGE. 1. Be it ordained hy the Delegates of the people of North Tobewtab- Carolina, in Convention assembled, and it is hereby ordained "t^ckhnidow may dc^i^ate. hy the authority of the same, That the 8tockholdei;s of the 150 State Convention. [May, Miners' and Planters' Bank, at Murphy, shall have the right to establish an Agency or Branch east of the Blue Ridge at such place as said stockholders in general meet- ing may agree upon. 2. Be it further ordained, That hereafter all the sub- iju.i.iii- ^criptions to the capital stock of said bank shall be paid in full within twelve months from the date of subscription. 3. Be it further ordained, That this ordinance shall be in force from and after its passage. [Ratijied the 9th day of May, 18G2.] [No. 17.] AN ORDINANCE TO PROVIDE FOR THE COL- LECTION OF TAXES, AND FOR OTHER PUR- POSES. A .n«,r.rit.v .1 1. Be it ordained by the Delegates of the people of North i . ;,.«*'^ ' Carqlina, in Convention anBemhled, and it is hereby ordained ii'i"vu"bc hif the. authority of the same. That in all cases retiuiring a , :iiv\.iiiif majority of the Justices of the Peace to r S«lt nnil I'-ilnblish salt M'orkii. Froe neproos Ui bffiiiiiliiyod UJK)I1 tlic Kilt works. Ppr*on8inakiD|; mil expuipt from military duty. owner of the land shall be dissatisfied with the assessment of the freeholders, either party may appeal to the same term of the court to which the return is directed to be made, and have his appeal entered at that term ; but such appeal shall in no way hinder or delay the operations of the Salt Com- missioner, and whenever such value shall be ascertained, it shall be paid by the Commissioner, out of the sum here- tofore placed at his disposal, and the title to said lands shall vest in the State during the continuance of the pres- ent war. Sec. 2. Be it fm-ther ordained, That said Commissioner is authorized to bore for salt and establish salt works wherever in the State he may deem it advisable or expedi- ent ; and if, upon examination and experiment, he shall be satisfied that salt or salt water is found in sufiicient quan- tities to make salt, he may contract with the owner of the land, for the renting, leasing or purchasing of said land or salt mines, and in case of disagreement, the toll, rent or value of said land or mines shall be ascertained as pre- scribed in the first section of this ordinance, and upon pay. ment of such assessed rent or value, the title to said land or mines shall vest in the State during the war. Sec. 3. Be it further ordained, That said Commissioner is authorized to employ the free negroes of the State upon the salt works, and to give them the rations and pay of soldiers ; and in the event he shall not be able to obtain such a number as may be needed for said works, the Go\ - ernor is hereby required to impress into the service of the State as many able bodied free negro men as may l)e necessary for that purpose. Sec. 4. Be it further ordained^ Tlrat all persons who are or may be employed in making salt, under contract with the salt commissioner, shall be exempt from military duty and militia service wliilo so employed. Sec. 5. Be it further ordained, That this ordinance shall take effect from its passage, and shall be subject to alteration, juodification or repeal by the General Assembly. [Ilatified the dth day of May, 1862.] 1862.] State Convention. Lv AN ORDINANCE PROVIDING FOR AN INCREASE [No. 19.] OF THE SALARIES OF THE TREASURE!?, COMPTROLLER AND SECRETARY OF STATE FOR THE YEAR 1862. Section 1. Ba it ordained by the Delegates of the peo- Treasurer fo 7 /» TIT 7 /^ 7 • • y-y "^ ' hnvo $'2,50(1. pie of JSorth tarolina in (Jonvcntion assembled, and it is comptroller II 7-777 7. /.-. rr. $1,500. HUd hei'eby ordained by the authority of the same. That for the t'ecreuryor . , 17 1-1. State $1 .(XII). year eighteen Imndred and sixt3'-two, tlie Treasurer of this State shall receive as his salary', twenty-five Imndred dol- lars, the Comptroller shall receive fifteen hundred dollars, and the SocrolMvy of Stnto ^shnll rocoivo one tlionsand dol- lars. Sec. 2. Bf il Jartkcr ordained, That tliis ordinance Ordinance expires Uii\ shall expife and cease to be in force and operation on tlie •"'■ '""'^ thirty-first day of December, one thousand eight hundred aiid sixty-tAvo. IRatified the 9th day of May, 1862.] AN ORDINANCE TO ENLARGE THE POLICE [No. 20.] POWERS OF THE SEVERAL CORPORATE TOWNS IN THIS STATE. Section 1. JJ< it oidaincd by the Behgatea of the peo- Autii(.ri/,e> pie of North Carolina, in Convention assembled, and it is thm^ueM.""' hereby ordained by the authority of the same, That the reftnTiu or > corporate authorities of the several cities and towns of this of 8pirituOTir ' State, shall have power to regulate, restrain or prohibit within their corporate limits, or within one mile thereof, the sale of spirituous li(iuors : Provided, nevertheless, That where any tax shall have been paid for an annual license, it .shall be the duty of the Commissioners to make a ^>ro rata compensation for such time as such license shall be suspended. Sec. 2. Be it further ordained, That for the violation cc.mmi.rioneri. of any by-law, or rule made by said Commissioners in pur- r<'uaitic» for •^ ^ , . ,. , *^ .. , . TloUtinp their suance of this ordinance, they may prescribe penalties not iswiionthe f'XCeefliu'^ OlIO hl'Min-iil ilnllilv- fm- rvu-l* iiflTcticc. be 20 154 State Coxventiok. [May, recovered before the Mayor, Intendant^ or Magistrate of Police, without any stay of process, mesne or final, and when judgment shall be given for any such penalty, the party convicted may, unless the penalty and costs be paid, be immediately committed to jail for the space of thirty da^'s, or until payment thereof shall be made, or else the Mayor, Intcndant, or Magistrate of Police may issue exe- cution therefor: Provided, That any party dissatisfied with such judgment shall be allowed an appeal to the next Court of Pleas and Quarter Sessions for tlie county, upon entering into recognizance with sufficient security for his appearance to said court, and also for the penalty ami costs. Sec. 3. Be it further ordained, That this or. of North Carolina, in Convention asftrmhlrd, and it is hereby ordained by the authority of the mnie. That John C. Wash- ington, James E. Hoyt, George Washington and William Mnrdock, their associates, successors and assigns, be, and they arc hereby created and constituted a body politic and corporate, by the iiamc and style of " The Sapona Iron Company," and as such, shall have perpetual succession, and may have and use a common seal, and change the same Ml pleasure ; may sue and be sued, plead and be iraj)leaded in any Court of Law and Equit}' ; sliall have power to make all such by-laws and regulations (not inconsistent with the existing laws and Constitution of this State,) as may be deemed necessary for the govennnent of said company, which shall be binding thereon, and shall have, exercise and enjoy all the rights and privileges of a body corporate necessary or re(juisite to carry oti the business of exploring 1862.] State Convention. 155 and mining uoals, iron ores, and other niinerais, and smelt- ing, manufacturing, transporting and vending the same; and shall also have power to purchase, lease, hold, convey and dispose of any estate, real and personal : Prwided, That said corporation shall, at no one time, hold more than twenty thousand acres of land. Said company sliall have, also, the right, power and authority, to huild and construct roads and ways, whether ti-am, plank or turnpike, and to charge the same as to them may seem advisable, for the transportation to, from, or between their mines and furnaces of iron, coal, coke, ores, minerals and materials, and also to construct such canal or canals and drains as may be required or needful for the supply of water to their furnaces, the transportations of coal, ores, and materials as aforesaid, and the drainage of their mines : and that any or all of such roads, canals and drains shall be opened to the use of the public upon the payment of such reasonable tolls and compensation, and subject to such rules and regulations as said corporation may, by their b3^-laws, establish. "^ »3ec. 2. Be it futi/ier ordained, That when any lands or Authority t>. , , « 1 • 1 1 • 1 n «"i7,o and con- nghts 01 way may be requn-ed by said company for con- demn iHndn or structing said road, canals or drains, and for the want of agreement as to the value thereof or for any other cause, the same cannot be purchased of the owi\er or owners, the same may be taken and the value thereof ascertained, as follows, viz : On application by the company to any Justice of the Peace, for the county where said land or right of way may ^be situate, it shall be his duty to issue his warrant to the Sheriff of said county to summon a jury of at least five freeholders, to meet on the land, on a day expressed in such warrant, not less than five nor more than twenty days thereafter, and the Sheriff, on the receipt of said warrant, shall summon the jury, and when met, shall administer an oath or affirmation to them, if three or more appear, that they will impartially value the land in (j(uestion, or right of way. The proceedings of such jurors accompanied by a description of the land or right of way, shall be returned under tlieir haiids and seals, or a majority of them, by the 15t> State Convention. [May, CHiiiUil htix'k nol to I'xoeed" $1.000,fXK.I. AITniriof ibo CumpkDy to U* niBuaKt>(l by « lUiuj'l of W rcftorf. Ac Sln.-riiJ 10 me Clerk of tlie Oomuy LOun, tiK-rc lu leiiiaiu as a matter of record, and on the payment of said valua- tion, the lands or right of way so valued shall vest in said company so U)ng as the same shall be used for the purpose of said road, canal or drain: Provuh'd, That the location of said road, canal or drain, shall not interfere with any grave-yard, or with any hou.se, houselot or garden, without the consent of the owners thereof: Provuh'd, fart her, That no more land shall be condemned for the purposes aforesaid, than twenty feet in width on either side from the centre of said road, canal or drain: And, provided f« filter, That if any person or persons over whose land said roads, canals or drains may pass, or said company shall be dissatisfied with the valuation of said jurors, either party may have an appeal to the Superior Court of the county in which tlic land lies ; but such appeal shall not delay or interru])! tlie use or enjoyment of said right of way by said company. Sec. 3, Be it further ordained, That the capital stock of said company may be divided into such number of shares and of such amount for each share as the stockluolders thereof, may, in general meeting, direct: Provided, That the capital stock of said company shall not exceed one million of dollars ; that said shares sliall be personal pro- perty, and certificates thereof may be issued and the same may be made transferable and assignable, and liable to assessment, forfeiture and sale by the Board of Directors in such manner as the })y-laws of sai herehy ordained by the authority of the same, That tliat part of section fifth of an aet of the Legislature of North Carolina, ratified February 16th, eighteen hundred and sixty-one, entitled " an act to enable the Western Railroad Company to extend their road from the Coalfields to the North Carolina Railroad," Avliich requires the President of said road to certify to the (Governor that the Company has purchased the iron rails, chairs and spikes, and will, forth- with, proceed to lay down and complete each section of ten miles l)efore said company is entitled to receive the sum of one hundred thousand dollars, be, and the same is hereby repealed. Extenaioii.t Sec. 2. Bc it further ordained, Thai the lein created by the said act, shall extend to and cover both the eastern and Avestern divisions of said road, and all the other pro- perty of said corporation. [Ratified the l^th day of 3Ia//, 18(32.] [No. 28.] AN ORDINANCE TO REPEAL THE NINTH SEC- TION OF THE CHARTER OF THE CHERAAV AND COALFIELDS RAILROAD, AS AMENDED BY THE LEGISLATURE OF 18G0-'61. Repcmiitoib Bc it ordaiued by the JJeleyates of the people of North chCT»w and Carolina, in Convention ansembled, and it is herehy ordained CoulIii'klH 17 7./., rni • • i- luiinwti by the authority of the same. That section nine oi an act 1862.] State Convention. IGl passed in 1861 to revive and continue in force an act to incorporate the Chcraw and Coalfields Railroad Company, passed at the session of 1856-7, chapter sixty -six, be, and the same is hereby repealed : Provided, That the said Cheraw and Coalfields Railroad Company shTll do as much work and expend as much money in the construction of their road north of the Wilmington, Charlotte and Ruther- for.d Railroad as they do south at the same time ; and said road shall not cross, tap or connect with the said Wilming- ton, Charlotte and Rutherford Railroad further west than welve miles from the town of Rockingham, and shall, in * five years after the close of the present war, complete the ^ road to the Coalfields in Chatham county, or its charter qhall thereupon cease and determine. [Batified the 10th day of May, 1862.] AN ORDINANCE REQUIRING THE PUBLIC [No. 29.] TREASURER TO REDEEM MUTILATED TREAS- URY NOTES. Be it ordained by the Deleqates of the people of i^or^A To micem them Carolina, in Convention assembled, and it is hereby ordained "»■".'' J''"""" . jiiition by the authority of the same, That it shall be the duty of the Public Treasurer, on application by the holders of mutilated Treasury notes, to redeem the same with other notes of like denominations ; and that he be required to keep a record of all notes thus redeemed, in a separate book for this purpose, and make a report of the same to the General Assembly. \_Ratified the 12th day of May, 1862.] RESOLUTION FOR THE PUBLICATION OF THE [No. 30.] ORDINANCES OF THE PRESENT SESSION OF THE CONVENTION. Resolved, That the Secretary of State cause the Ordi- to w pubn»h«i ' •' _ in three Bi'wo- iiaiuH'S and Resolutions, pasHcd and ratified at thi-l.iir—iii(iil- [No. 31.] AN ORDINANCE TO AUTHORIZE THE PAYMENT OF CERTAIN CLAIMS' ALLOWED 13Y THE BOARD OF CLAIMS. iioHr.j of Be it ordained hy the Delet/ates of the j>(iople of North Carolina, in Convention asaenihled, and it ix hereby ordained hy the authority of the same, That tlie Public Treasurer pay to R. D. Williams, of New Hanover, nine hundred tind sixt3'-eiglit dollars; To John N. Whitford, of Craven, seven hundred ;tnd thirteen dollars and fifty cents : To Dr. C. Winslow, of Perquinions. one hundred lurt v- seven dollars and fifty cents ; To Henderson coimty, two thousand two hundred and seventy dollars and seventy-five cents ; To Kahmveiler &. Bro.. of J\TeoklenbuvL^ three liundred and twenty -six dollars ; To Jacob LudAvick, of Ciiharr;is, fourteen d(dl:irs :ind twenty cents ; To Haywood county, six hundred and twenty dollars; To Iredell county, fifty dollars ; To Alleghany county, one thousand thi-ee lunuh-ed and seventy-eight dollars ; To D. C. Murray, thirteen dollais and sixty-nine cents; and that he be allowed the same in the settlenient^of his |iid»lic accounts. [Ratified the Vlth day of May, 18G2.] No. ^2.] AN ORDINANCE TO REPEAL AN ORDINANCE PASSED AT THE PRESENT SESSION OF THIS CONVENTION, ENTITLED -AN ORDINANCE AMENDATORY OF AN ORDINANCE TO RAISE Noirril OAHOLiNAS (,H OTA OF CONFEDEP i862,J State Convention. 163 ATE TROOPS, PASSED AND RATIFIED THE NINETEENTH DAY OF FEBRUARY, A. D., 1862,' AND TO EXTEND THE PROVISIONS AS TO BOUNTY TO CERTAIN OTHER PERSONS. ordinanci-. Ac. Section 1. Be It urdained hijjhe Ueletiatcst of t/w peo- ai.uui- ple of North Carolina, in Gunvention assembled, and it is ""* hereby ordained by the authority of the same, That an ordi- nance, entitled "An Ordinance amendatory of an ordi- nance to raise Nortli Carolinn's (^uota of Confederate Troops," passed at tlic present session of tliis Convention be, and the same is hereby abrogated and annulled. Sec. 2. Be it further ordained, That a bounty of fifty DuMiination ot dollars, deducting the bounty already paid and received, whom bouuty shall be paid by the State to all privates, musicians and v'^id^^'" " non-commissioned officers, as follows: To all volunteers between eighteen and thirty-five years of age for three years or the war, including those accepted directly by the Confederate Government, where North Carolina is or may be credited for the same : to all volunteers between eight- een and thirty-five years of age foi- a less term, re-enlist- ing or continuing in service by virtue of the Conscription Act of the Confederate Congress for three years or the war, including their former service ; to all persons, sub- stitutes excepted, mustered into companies already organ- ized, or which may be organized into companips prepara- tory to active service by virtue of the provisions of the said act of Congress ; to all volunteers over thirty-fivi- years of age Avho may decline to be discharged under tlu- provisions of said act of Congress and be retained in the public service ; to all volunteer^ under eighteen years of age for three years or the Avar who shall elect and be bound to remain in service ; to all persons who have volun- teered since the nineteenth day of Februrary, eighteen hundred and sixty-two. Sec. o. Be it further ordained, That the commanding voiunuir.. to Pf, ,. • 1 i, !• • i 1 • the Conf 1. Be it ordaiiied by the Delegates of the people of North > "?toCKUt in Carolina, in Convention assembled, and it is hereby ordained in the mnnn fncturc of sal or act as nurl^t•^■ fncturc of salt by the authbrifij of the same. That members of good stand- ing in the Society of Friends, commonly called Quakers, who shall produce a regular certificate of membership, shall be exempt from performing militia duty and military ser- vice : Provided, That as an e(]uivalent for such exemption from military service, when called for by the proper authorities, tliey shall pay the sum of one hundred dollars, to be collected by the Sheriffs of the several counties, as other State taxes are collected, to be paid into the State Ti'easury for the general purposes thereof, and in case they be unable to pay the same, the Governor shall have power to detail them to assist in tlic manufacture of salt, or to attend in the ho.spitals of the State. [Ratified the 12th day of May, 1862.] 1862.] State Convention. 165 AN ORDINANCE CONCERNING THE COLLEC- [No. 3r,.] TION OF TAXES .IN CERTAIN COUNTIES. 1. Be it ordained, iSrc. That the Sheriifs of such coun- Puti^orsiM-r- ties as are or shall be invaded or taken possession of by i" pofw.-^-'"" «'f . the enemy. the enemy, shall severally, at the time prescribed by law, settle their accounts with the Comptroller, so far as they shall have received or collected the State taxes, and the residue of the taxes for which they are chargeable they shall account for and pay into the Treasury at sucli,timc as shall be prescribed by the next General Assembly. 2. Be it further ordained. That it shall not be the duty TheTrMPimi of the Treasurer, as is now provided by law, to move for fo" 8i"mniary summary judgment against such of the aforesaid Sheriifs as shall not have been able to collect and pay over the full amount of taxes with which they are severally chargeable. 3. Be it further ordained, That the penalties prescribed Penalties oi IlcTcnuo Act. in the act of the General Assembly, entitled "An Act nottobe enforced. entitled Revenue," ratified the 23d day of September, A. D., 1861, for the failure to list taxable property, shall not apply to persons living in such counties as have been invaded and taken possession of by the enemy. {^Ratified tlw 12/7; ,% of May, 1862. AN ORDINANCE TO ALLOW CERTAIN PERSONS [No. 36] TO VOTE FOR GOVERNOR IN ANY OTHER THAN THE COUNTIES IN WHICH THEY RESIDE. ♦ Section 1. Be it ordained ly the Delegates of the peo- cuiKcn»to rot.. vie of North Carolina, in Convention assembled, and it is nny '*>""'>■ >o i ' ' ' the Stale. hereby ordained by the authority of the same. That any citizen of this State who shall be entitled to vote for Gov- ernor in the county wherein he is domiciled, shall be enti- tled to vote for Governor in any county in this State. Sec. 2. Be it further ordained, That it shall or may be 8hcriff« to rom- lawful for the Sheriffs of the counties in this State, in the li;«i State Convention. [Way, posscsi^ion of or under the control of the cneiuy, to coui- jiare the polls of their respective counties for Governor and iiicnihcrs of the Legislature at any place in iliis State thcv may think proper, nrdin.iiwin Sec. 3. Bc it fiu'tho' orduiued. That this ordinance shall f..n.-.lurintJth.- • • r r i i • , '•■■'■ lie and continue in lorce lor and during tiie present >var. ;ind no longer, unless sooner repealed or modified by the General Assembly. [ Ratified the 1 2tli day of 3Iai/, 1862.] [No. 37.] IIESOLUTION TO TIUNT THE UKDLNANCES ANP RESOLUTIONS OF THE CONVENTION. ^ .1.HJ ,•..,. uvK u, u> Jiesolvc.d, That five hundred copies of the Ordinanci- and Resolutions of the Convention be printed and distribu- ted in the same manner as the Journals thereof. \^Ratified th,' mil da}/ of Mail, 1802.] [No. 38.] AN ORDINANCE TO CHARTER THE FLORENCE AND FAYETTEVILLE RAILROAD COMPANY. Autboiizcu Section 1. Be it ordained b// the JJeleyates of the peo- %\,wi,(m. pie of North Carolina, in Convention ansembled, and it is lu'vebij ordained Inj the anihoritij of the savw. That for the purpose of establishing a communication by railroad, be- tween Fayetteville, N. C, and Florence, S. C, the forma- tion of a corporate company with a capital of one milli(»n five hundred thousand dollars, to be called the Fayetteville and Florence Railroad Company, [is hereby authorized] and when formed in compliance with the conditions herein- after prescribed, to have a. eorporate existence as a body politic. The rouu-. Sec. 2. Be it further ordained, Tliat the said company be, and the same is hereby authorized to construct a rail- road from Fayetteville, N. C, to Florence, S. C, uj)on such route as may be determined upon by said eompaily after the same shall have been formed. t 1862.] State Convention. IGT Sec. 3. Be it further ordained^ That for the purpose of Torai.^cthe raising the capital stock of said company, it shall be lawful to open books in the town of Fayetteville, under the direc- tion of the following commissioners, to-wit : A\igustus W. Steele, David A. Ray, A. A. McKcthan, William McL. McCoy and J. M. Rose, and at such other })laces, and under the direction of sucli other persons as a majority of the above named commissioners may deem proper, for the pur- pose of receiving sul)scriptions to an amount not exceeding one million live hundred thousand dnll;irs. in ^Iimvps of (inc hundred dollars each. Sec. 4. Be it further ordained, That the commissioners Ronusioim 1 iini 1 11 /> 1 o)H'iieil after 20 above named, and all others who may be liereaitcr author- days notu-p, ana ized as aforesaid, to open books for siibscription, shall open (■i><\»y>'. the same at any time after the ratification of this ordinance, first giving twenty days notice thereof of the time and place, in one or more of the newspapers in the town of Fayette- ville, and the said books, when opened, shall be kept open for the space of sixty days, at least, and the said first named commissioners shall have power to call on and require all persons authorized to receive subscriptions of stock, from time to time, as a majority of them may see proper, to make returns of tho subscriptions of stock, l)y them respectively received. Sec. 5. Beit further ordained. That whenever the sum PnviJojrnsofthr of one hundred thousand dollars shall be subscribed by $100,00.1 .th solvent men, in manner and form aforesaid, the subscribers, their execittors, admiuistors, or assigns, shall be, and are hereby declared incorporated into a company by the name and style of the Florence Railroad Company, and by that name shall be capable in law and equity, of purchasing, holding, selling, leasing, and conveying estates, both real and personal, and of actocfcbuliJri> !>tOlk. Author ilT t" rapiUl sltMrk. ronlrarU «n'rofii» Skc. 19. Be it further ordained. That the profits of said Company, or so much thereof as the Board of Direc- tors may deem advisable, shall, when the affairs of the Company will permit, be annually or semi-annually divided among the Stockholders in proportion to their stock. w Sko. 20. Be it further ordaincdy That notice of process ' " upon the President or any of the Directors, shall be deemed and taken as due and lawful notice of service upon the Company. Brsurh rf.s.i^. Skc. 21. Bi'it further Ordained. That the said Com- pany sliall have power to construct branches to said road .and connect with any other railroad that may be constructed, and any contract that may be entered into with any other railroad company, by the President and Directors of'said 1,'ouipany, after the consent of a majority of the Stock- holders, first obtained, shall be binding on said Company. Authority to Sec. 22. Beit further ordained. That it may and shall in t«n.i-. be lawful for the Fayetteville and Florence Railroad Com- pany, to make and issue bonds to the amount not exceed- ing one million dollars, to be signed by the President of said Company, under the common seal of the same, in sums of one hundred dollars each, bearing interest at seven per cent., and redeemable according to the contract that may be made at the time of the sale. Sp:c. 28. Be it fnrther ordained. That to secure the faithful payment of said b(mds, it may be lawful for the President and Directors of said Company to make and execute a mortgage or deed of trust under the common seal of said Company, wherein shall be conveyed to the person thus appointed trustee, the road, property and fran- chises of said Company, conditioned for the payment of the interest and final r Skc. 25. Fie it fnrther ordained. That it shall be law- Hiiihorizeu to lul lor all solvcnt corporatious to take stock m the said road, which stock, when taken, shall be represented by the id liOti I" 1862.] State Convention. 17 Presidents of said corporations, and in tho case of a county, by the chairman of the County Court. Sec. 26. Be it further ordained. That this ordinaiu^.o be in force from and after its ratification, and shall ho regarded a.s a public act, and shall he continued in force until the year nineteen hundred : Provided, That nothing herein contafned shall he so construed at to aiithorize an appropriation to said road by the State, or allow said cor- poration bankino; privileges. \_R9th secti(»n ol ihe 34th chapter of the Revised Code. [Hafijii'd (Ik- I'ltli day of Jfxt/, 1>^<>"2.] [No. 10. J AN ORDINANCE DECLAIUNC WHAT ORDI- NANCES OF THIS CONVENTION Sll.VLL ILW'K PERMANENT OPERATION. I'lrliiniiPtil SECTION 1. Be it ordained hy the Deh'i/ates of the peo- ple of North Carolina in Conventio?\ assembled, and it /x hereby ordained by the authority of the same, That follow- ing Ordinances passed by this Convention shall be of per- manent operation, and l>e irrepealablc by the (leneral Assembly, namely : I. An ordinance to dissolve the union between the State (»f North Carolina and the other States united with her under the compact of Government, entitled '"The Consti- tution of the United States." II. '^ Aw Ordinance defining treason against the State.' III. "An Ordinance to ratify the Constitution of the Provisional Government ni' the Confederate States of America." IV. "An Ordinance to ratify the Constitution of the Confederate States of America." V. " An Ordinance to amend the fourth section of the fourth article of the Amendments to the Constitution." VI. "An Ordinance in relation to Taxation." VH. "An Ordinance to secure to certain officers and soldiers the right to vote." 1862.] State Convention. 175 VIII. "All Oi'liuaiice in relation U) takin;^ [>> ihv yvm^ and nays in the General Assembly." IX. "An Ordinance to amend the second section of the fourth article of the Amendments to the Constitution." X. "• An Ordinance in relation to electors of the Senate." XI. ''An Ordinance concerning the election of Gov- ernor." XII. " An Ordinance to allow certain persons to vote for Governor in any other county than that in which they reside." Sec. 2. Be it further ordtiinaL That all other ordinances oihn oph and resolutions passed by this Convention at any of its '"IT"*',. •"■ sessions, shall have the force and effect only of acts of the '»"•"•";•• ordinary Legislature, and maybe repealed or modified at the pleasure of the General Assembly, in the same manner and to the same extent that public statutes are liable to repeal or modification, \liat\fied the \Zth daij of Maij, 1862.] ion by n«TBl ESTATE OF NORTH CAROLINA, I . Office of ISecrktary of Stati:. / I. Rtifus H. Pjigc, Secretary of State in and for the State of North Carolina, do hereby certify that the foregoing are true copies of the originjils on file in this office. Given under my hand this 21bt dav of Mav. 18H2. RUFUS II. PAGE, Secretary of State. I N I) 1 (J i: S TU THH 0RDINAN(!E8 AND RESOLUTIONS OF THE STATE CONYENTIOX : FIRST AND ADJOURNED SESSIOINS, 1861-'62. 23 INDEX TO ORDINANCES AND RESOLUTIONS. FIKST SESSION. ACTS OF THE GENERAL ASSEMBLY— m«.t «n.i .lun^ An Ordinance repealing the Act of the General Assembly '**^' convening the Letjislaturo on the 25th of June, 1861, 7 AMENDMENTS TO TdE CONSTITUTION— An Ordinance to amend the 4th Section of the 4th Article of the Amendnienl« to the Constitution, 2'.' BOARDS OF CLAIMS— An Ordinance to provide for the appointment of a Board Claims, o An Ordinance to amend an ordinance passed at the ))rcsent session of this Convention, entitled " An ()rdinance to provide for a Board of Claimb," J"i FINANCIAL— An Ordinance to provide ways and meanf< for the defence of the State. ' 42 MILITIA— An Ordinance to provide for thi- ])ayment ul the n)ilitia while in active service, ' 33 NATIONAL AFFA1118— An Ordinance to dissolve the union between the State ot North Carolina and the other States united with her under the compact of Government entitled the Consti- tution of the United States, An Ordinance vesting in the Confederate States of America, jurisdiction over certain tracts of land in the town of Fayetteville, N. C, I An Ordinance to ratify the Constitution of the Confede- rate States of America, s Constitution of the Confederate States of America, 'J An Ordinance to ratify the Provisional Government of the Confederate States of America, 30 An Ordinance to cede to the Confederate States the pro- perty in and jurisdiction over tin* Forts, Lit;iit Houses, Beacons, Marine Hosr'itals and Mint in North Carolina, 30 NORTH CAROLINA TROOPS, An Ordinance to provide for the disposition of the State Troops and Volunteers raised under the acts of the General Assc'mbly, rr-spectivily, entitlod "An Actio raise ten thousand State Troops," ratified the 8th day of May, and "An Act to provide for the Public De- fence," ratified the loth day of May, 1861, and for oth incribc " Bethel " on their colors, 6 Fixing the oomjicnsation of ofBcors of the Convention, and a)i|>ointiiig an auditing couiniittce, 7 To print Army lUguhitions, 8 Calling upon Couiplroller for staUMiiunt of Taxes for the livo years precetiing January, IbtiU, 128 Touching the conipensation of' the Printers to this Con- vention, ;^o To raise an additional liattalion of Cavalry. 30 To fill a vacancy in thu Convention, 31 Authorizing the raising of recruilj- for the First Kegi- ment of North Carolina N'olunteors, 31 In relation to the dejiosit and publication of the ordi- nances ol the Convention, "'2 1 n favor of the Doorkeeper.-, -i'', Authorizing the President to i.-sue wriL>^ of election to till vacancies, S4 Asking information from the (governor. ;}4 Exempting volunteers from poll tax, H;i To rescind a resolution in regard to adjouniiriciil. ;!■'» Ordering the ordinances to he printed in pamphlet form. -11 In favor of the W., C. and K. Railroad Company, 1-' SHERIFFS— An Ordinance providing for compensation to SherilTs for holding elections for delegates to this Convention. '2\) STATE FLAG— An Ordinance in relation to a State Flag, ;>'_' TAXATION— An Ordinance in relation to Taxation, ;»'_' TREASON— An Ordinance defining Treason against the Stale, 7 INDEX TO ORDINANCES AND RESOLUTIONS. SECOND SESSION. ACTS OF GENERAL ASSEMBLY— " NovcmW nt-d An Ordinance concerning the repeal of the 14th chupter Pwcnibpr, 1861. of the acts of the second extra session of 1861, .'.ri BOARD OF CLAIMS— An Ordinance directing the payment of claims^ awarded by the Board of Claims, ' oj An Ordinance for continuing the Board created by an ordinance of this Convention, passed the 8th day of June, 18(JL entithsd an ordinance to provide for th< appointment of the Board of Claims, and for enlarginu the powers and duties of said Board. 7n CONSTITUTION OF TUE STATK- An Ordinance to provide for amending tho 40th Miction of the Constitution of this State in regard to takiTig the yeas and nays in either house of the General As- sembly, .'ifi An Ordinance to amend the second section uf the 4th article of the amendments to the Constitution, .i An Ordinance authorizing the raising of a battalion of &\x companies, or regiment of troops for twelve months, 7 i RESOLUTIONS— To transmit a copy of the Supreme Court Reports to the Department of Justice of the Confederate States. 40 Relative to the daily sittings of this Convention, 4'.« In favor of Dr. William E. Pool, .'id Of confidence in our cause of War, and in the President and Army, t>I Requesting our Senators and Representatives in CongrcBs to vote for an increase of the pay of soldiers, 52 On taking a recess, 65 If INDEX. Pa. NoT^mUr.nd KKMJLUTIONS- Dwrmbcr, libi Appointing Dennis 1). Fcrcbcc, Esq., Cunmii>biunci !■ Richmond, .'><• Of thanks to the oflBccrs and soldicrn for gallant conduct in defendinjj Hultcras, 67 I'ustponing the jiulilicalion of Colonial Records, 73 Authorizine: the rre.ruaiy, 1862. the Legislature of the State of North Carolina, passed Ht the last extra se.ssion. entitled " An Act entitled Revenue," 8l' BOARD OF CLAIMS— An Ordinance relative to the exponscp incurred b3- tho Board of Claims, 120 An Ordinance for the payment of claims audited and allowed bj' the Board of Claims. 12:] BOUNTY— An Act grantinsr bounly to nortnin North f";irolinn Volunteers, 111 COURTS— An Ordinance to ratily and confirm the acts and judicial proceedincjs of the Superior Courts lately held by his Honor, Judge French, in the counties of Henderson, Buncombe, Madison and Yancey, 81 An Ordinance authorising the holding of a Court of Oyer and Terminer at Waynesville, in Haywood county, llU FINANCIAL— An Ordinance to modify and perfect an ordinance passed at the last session <^ the Convention, entitled "An Ordinance to provide for the rai.sing of money for the support of Government, and for the issue of Treasury notes for the purpose of paying the public debt and ^ purchasing supplies for the military forces employed fur defence in the present war, and for other purposes. 7'.* An Ordinance to authorize tho Treasurer to issue Treas- ury notes, 107 An Ordinance to provide for funding the Treasury notes of this State, and for other purposes, l-H M I LIT I A- - An Ordinance to authorize the Governor to embody the militia for the defence of the State, 7'* MISCELLANEOUS— An Ordinance to make some provi.aion for the families of soldiers dying in the service, llIO An Ordinance concerning the Paymaster's Department, 121 An Ordinance to encourage the manufacturo of Cotton and Woolen Cards, 122 An Ordinance conferring on the Commissioners of (the] town of Wilmington and other towns certain iHiwerp for the defence thereof, l2b H l\T»F\. Paok .i«nu»ry.nd NORTH CAROLINA TROOPS- ■ iTMsrv. iwj. An Ordinance to raise North ( tiri.iina'« Qiiotn of Con - f»Hlt*rate Troops, 116 An Ordinunrp regulatinij the nppointmont of company 1 ofRoers, " 1.7 P.AILROAI) COMPANIES— An Ordinance in addition to and anu'ndment of an act of the General Assombly. rati tied tlic 16th day of Fcb- ' niary. 1801, cntitlod "An Act to incorporate tht» Chatham Railroad Com])any," and to repeal an act supplemental thoroto. ratified the '_'3rd day of Febru- ary. 18r,]. ' 83 An Ordinance to incorpnev. 127 I N D E X TU UllUilSANCKS AND KKSOLUTlOiNS, Fonrni kession. P.VfJK- I i A N KS— April ana May, An Ordinanco for the relief of the Brinks of this State, l:]'.> ^^'''^■ An Ordinance t>> authorize the Stockholder? of the Miner?' and Planter?' Unnk. of Murphy, to establish an Aiienev uv IJranch east <>f the IjIu'? Kidge, H'l UOARD OF CLAIMS— An Ordinance in regard to the Board of Claim.-, 1 )") An Ordinance to authorize the ]>aynient of certain claim- allowed and re]>()rtcd bj- the Board of Claim?. Mii An Ordinance to authorize the payment of certain claim* allowed by the Board of Claim?, ]t,-2 ^ <'[■ KTS— An Ordinanco in regard to holding of the Court? in and for the coujity of 'Hertford, !:;? KXKCUTIVE— An Ordinance concerning the election of Governor. Ill FINANCIAL— An Ordinance to nijike further provision for the l'uli!ic Trea?urv. 17-5 MISCELLANEOUS— An Ordinanco to pay the Kev. Morri;- H. Vauirhan tor certain ?ervice?, V\j An Ordinance to authorize the Public Troa?urer to ]>ay . Kev. F. V. Hoskin? for service? as? Clinplain of the Seventh Kegimcnt of North Carolina Volunteers, 1 Ij An Ordinance (oamend an ordinance entitled " An Ordi- nance to ? enable the "Western Kailroad Company to complwte their road, IdO An Ordinance to rcjieal the ninth section of the charter of the Cheraw and Coallields Railro.nd, as amended by the Lei^islaturc of 18(iO'-ril, lou An Ordinance to charter ti>e Flor^^nce and Kavi'ltevilie Railroad Conipanv. ItiO RESOLUTIONS— in regard to a certain claim in favor .>r.|. R. Davidson. ]."I7 (^>ncernini^ tly^ County of Burke, l;iS In favor of Alamance County, l-lo j-'roviding for the printing of the .Fnurnals of the Con- vention, J. 57 In favor of Robert Towles, \h^.i For the publication of the ordinnnoes of llie present session of the Convention, lUI In favor of the Doorkeepers, 1C4 To print tln' Ordinances and Resolution^ of the Conven- tion, l(;i) SALT— An Ordinance in addition to and amendment of an onii- "luince, entitled "An Ordinanee in regard to the suji- plv of Salt,' l.jl ■PAXFS— * An Ordinance to provide for collecting the tax on sjiirit- uous liquors m.-mufactured or scdd in this State im})Osed by an ordinance of this Convention whicli was r.atilled . on the lilst day of February, l^fili, i;;".i Picsolution to provide for the. prompt collection of the tax imposed on the (nanufactiire und sale of ardent sjiirits, 142 An Ordinance exempting the property of delinquejii soldiers from double taxes, 144 An Ordinance to provide for the collection of taxes, aiui for other purposes, loO An Ordinance legalizing the laying of taxes in rnion County, l.'i".* An Ordinance ctmceming the colleiUion of taxes in i-er- tain counties. llJO / \