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State Convention — Ad. Ses.] [February, 
 
 1862. 
 
 Ordered to be Printed. 
 
 
 John W. Syme, Printer to the Convention. 
 
 ORDINANCES PASSED BY THE STATE CONVENTION 
 AT ITS SECOND ADJOURNED SESSION. 
 
 [No. 1.]. 
 AN ORDINANCE TO AUTHORIZE THE GOVERNOR 
 TO EMBODY THE MILITIA FOR THE DEFENCE 
 OF THE STATE. 
 
 Be it ordained by the Delegate* of the people of North Caro- 
 lina, in Convention assembled, and it is hereby ordained by the 
 authority of the same, That for the emergency mentioned in 
 his message of to-day, the Governor of the State is hereby 
 authorized to order out such portions of the militia, as he may 
 deem necessary to repel the invasion of the State. 
 
 Read three times and passed on the 21st day of Jan., 1862. 
 
 W. N. EDWARDS, 
 Teste: . Pres. of Convention. 
 
 Walter L. Steele, Secretary, 
 L. C. Edwards, Assistant Secretary. 
 
 [No. 2.] 
 AN ORDINANCE TO MODIFY AND PERFECT AN 
 ORDINANCE PASSED AT THE LAST SESSION OF 
 THE CONVENTION, ENTITLED "AN ORDINANCE 
 
2 State Convention. [Feb., 
 
 TO PROVIDE FOR THE RAISING OF MONEY FOR 
 THE SUPPORT OF GOVERNMENT, AND FOR THE 
 ISSUE OF TREASURY NOTES FOR THE PURPOSE 
 OF PAYING THE PUBLIC DEBT AND PURCHAS- 
 ING SUPPLIES FOR THE MILITARY FORCES EM 
 PLOYED FOR DEFENCE IN THE PRESENT WAR, 
 AND FOR OTHER. PURPOSES. 
 
 1. Be it ordained by the delegates of the people of North 
 Carolina, in Convention assembled, and it is hereby ordained by 
 the authority of the same, That so much of the ordinance passed 
 at the last session of this 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 
 paying the public debt, and purchasing supplies for the military 
 forces employed for defence in the present war, and for other 
 purposes, as provides for the Treasury notes therein provided 
 for, to bear interest from date, be rescinded and annulled : 
 Provided, That this ordinance shall not operate on the notes 
 issued before the passage of this ordinance. 
 
 2. Be it further ordained, That the said ordinance be so 
 amended as to provide and require that the whole of the Treas- 
 ury notes hereafter to be issued under the provision of said 
 ordinance, one-half shall be issued of the denominations of five 
 dollars, one-fourth of the denominations of ten dollars, and the 
 other fourth of the denominations of twenty dollars, and in the 
 course of issuing the said notes, from time to time, the said rel- 
 ative proportions shall be observed as near as may be. 
 
 Passed and ratified in open Convention, 25th day of January, 
 18G2. 
 
 W. N. EDWARDS, 
 Teste : Pres. of Convention. 
 
 Walter L. Steele, Secretary, 
 L. C. Ed\vards ; Ass't Secretary. 
 
1862.] State Convention. 3 
 
 [No. 3.] 
 
 A RESOLUTION AUTHORIZING WM. B. GULICK TO 
 
 USE CENSUS RETURNS. 
 
 Resolved, That the Secretary of State be authorized to al- 
 low Wm. B. Gulicfc to use, cither in or out of his office, for 
 two months, the Census Returns of 1860, or until they shall 
 be called for by an authorized agent of the Government of the 
 Confederate States : Provided the same be not removed from 
 the City of Raleigh. 
 
 Passed and ratified in open Convention the 25th day of Jan- 
 uary, A. D., 1862. 
 
 W. N. EDWARDS, 
 ;T es te ; Prcs. of Convention. 
 
 Walter L. Steele, Secretary, 
 L. C. Edwards, Ass't Secretary, 
 
 [No. 4.] 
 
 AN ORDINANCE TO RATIFY AND CONFIRM THE 
 ACTS AND JUDICIAL PROCEEDINGS OF THE 
 SUPERIOR COURTS LATELY HELD BY HIS HON 
 OR, JUDGE FRENCH, IN THE COUNTIES OF HEN 
 DERSON, BUNCOMBE, MADISON AND YANCEY. 
 
 Whereas. The Superior Courts for the counties of Hender- 
 son, Buncombe, Madison and Yancey, at the Fall Terms there- 
 of were, by mistake, held at the wrong time ; and whereas, 
 pleas were filed, judgments rendered, recognizances entered 
 into, judgments found, ami various other acts were done by 
 said courts : 
 
 1. Be it ordained by the Delegate* of the people of North 
 Carolina in Convention assembled, and it is herein/ ordained by 
 the authority of the same, That the said pleas, judgments, rc- 
 co L rmzances, indictments, and all other judicial proceedings, 
 
4 State Convention. [Feb., 
 
 which were rendered, entered and found at the terms of the 
 courts aforesaid, are hereby made valid, and in all things rati- 
 fied and confirmed. 
 
 2. Be it further ordained, That the Courts of Pleas and 
 Quarter Sessions to be held hereafter for the counties of Hen- 
 derson, Buncombe, Madison, Yancey arid Polk, at the Fall 
 Terms, be held at the following times, viz : Henderson, on the 
 second Monday after the fourth Monday in September ; Bun- 
 combe, on the third Monday after the fourth Monday in Sep- 
 tember ; Madison, on the fourth Monday after the fourth Mon- 
 day in September ; Yancey, on the fifth Monday after the 
 fourth Monday in September ; and Polk on the twelfth Monday 
 after the fourth Monday in September in each and every year. 
 This section to continue in force until the same may be re- 
 pealed by act of the Legislature or otherwise. 
 
 Passed and ratified in open Convention the 27th day of Jan- 
 uary, A. D., 1862. 
 
 W. N. EDWARDS, 
 Teste : Pres. of Convention. 
 
 Walter L. Steele, Secretary, 
 L. C. Edwards, Ass't Secretary. 
 
 [No. 5.] 
 
 AN 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." 
 
 Be it ordained by the Delegates of the people of North Caro- 
 lina in Convention assembled, and it is hereby ordained by the. 
 authority of the same, That the fourth section of an act of the 
 last extra session of the General Assembly of the State of 
 
1862.] . State Convention. 5 
 
 North Carolina, entitled " An Act entitled Revenue,'' be. and 
 
 the same is hereby annulled and abrogated. 
 
 Passed and ratified in open Convention the 30th day of Jan 
 
 uary, A. D., 1862. 
 
 W. N. EDWARDS, 
 
 Teste : Pros, of Convention. 
 
 Walter L. Steele, Secretary, 
 
 L. C. Edwards, Ass't Secretary. 
 
 [No. 6.] 
 AN ORDINANCE TO ENCOURAGE THE MINING 
 AND MANUFACTURING OF SALT IN THE INTE- 
 RIOR OF THIS STATE. 
 
 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 Chatham ; therefore, 
 
 1. Be it ordained by the Delegates of the people of North 
 Carolina in Convention assembled, and it is hereby ordained by 
 the authority of the 8flWW«, That the President and operatives of 
 said company, to the number of six, be, and they are hereby 
 exempted from militia duty, for the space of six months, ex- 
 cept in case of invasion, insurrection, or upon a requisition for 
 troops by the President of the Confederate States. 
 
 2. Be it further ordained, That said company may increase 
 its capital stock to an amount not exceeding ten thousand dollars. 
 
 3. Be it further ordained, That the capital stock of said 
 company be exempted from taxation for six months. 
 
 Passed and ratified in open Convention the 30th day of Jan- 
 uary, A. D., 1862. 
 
 W. N. EDWARDS, 
 Teste : ■ Pres. of Convention. 
 
 Walter L. Steele, Secretary, 
 L. C. Edavards, Ass't Secretary. 
 
6 State Convention. [Feb., 
 
 [No. 7.] 
 
 AN ORDINANCE IN ADDITION TO AND AMEND- 
 MENT OF AN ACT OF THE GENERAL ASSEMBLY. 
 RATIFIED THE 15th DAY OF FEBRUARY, 1861. 
 ENTITLED "AN ACT TO INCORPORATE THE 
 CHATHAM RAILROAD COMPANY," AND TO RE- 
 PEAL AN ACT SUPPLEMENTAL THERETO, RAT- 
 IFIED THE 23rd DAY OF FEBRUARY, 1861. 
 
 1. Be it ordained bij the Delegates of the people of North 
 Carolina in Convention assembled, and it is hereby ordained by 
 the authority of the same, That section first of an act of the 
 General Assembly, ratified the fifteenth day of February, one 
 thousand eight hundred and sixty-one, entitled " An Act in- 
 corporating the Chatham Railroad Company," be amended by 
 inserting after the words, " from the Coalfields, 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 v connect with the North Carolina Railroad at Raleigh, or 
 some point Avest of Raleigh not exceeding twelve miles." 
 
 2. Be it further ordained, That the proviso in section four 
 of said act of the General Assembly be stricken out. 
 
 3. Be it further ordained, That an act of the ^General As- 
 sembly, ratified on the twenty-third day of February, one 
 thousand eight hundred and sixty-one, entitled u An Act sup- 
 plemental to an act passed at the present session of the Gen- 
 eral Assembly, entitled an act to incorporate the Chatham 
 Railroad Company," be, and the same is hereby repealed and 
 abrogated. 
 
 4. Be it further ordained, That all such solvent corpora- 
 tions as may or shall subscribe to the capital stock of the said 
 Chatham Railroad Company, may make their bonds payable to 
 the Public Treasurer of the State of North Carolina for the 
 amount of their subscriptions to said capital 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 
 
1862.] State Convention. 7 
 
 sums not under five hundred dollars each, to bear interest at 
 the rate of six per cent, per annum, which interest is to be 
 paid semi-annually, to-wit : 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 ; and these bonds, 
 so authorized to be made, may be deposited with the Public 
 Treasurer of the State, who shall then issue and deliver to the 
 several corporations so subscribing and depositing their bonds, 
 as aforesaid, the coupon bonds of the State of North Carolina, 
 to the amount of their subscriptions 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: Pro- 
 vided, That said bonds shall not exceed, in the aggregate, the 
 sum of eight hundred thousand dollars ; and Provided, also, 
 That said Chatham Railroad Company shall execute and deliv- 
 er to the Governor of the State of North Carolina a deed of 
 mortgage under the seal of said company, wherein and where- 
 by 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 man- 
 ner pertaining to the same, conditioned for indemnifying 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 de- 
 livered to the several corporations subscribing as aforesaid to 
 the capital stock of said Chatham Railroad Company. In ad- 
 dition to the deed of mortgage, hereinbefore required to be ex- 
 ecuted and delivered by the Chatham Railroad Company, the 
 State of North Carolina shall, by this ordinance, have a lein 
 upon the estate, both real and personal, of said company, which 
 they may now have or may hereafter acquire, to secure the 
 principal and interest of the bonds of this State authorized to 
 be issued as aforesaid. 
 
8 State Convention. [Feb., 
 
 5. Be it further ordained, That said bonds of the State, so 
 made by the Public Treasurer, shall be received by the said 
 Chatham Railroad Company in payment of subscriptions made 
 as aforesaid by such corporations to the capital stock of said 
 Chatham Railroad Company. 
 
 C. Be it further ordained, That said corporations so sub- 
 scribing and depositing their bonds as aforesaid with the Treas- 
 urer 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 their in- 
 tention so to do. 
 
 7.- Be it further ordained, That the said railroad may be 
 constructed with termini at any point or points in the said 
 Coalfields region that the stockholders in said company may 
 agree upon with the approbation of the Board of Internal Im- 
 provements. 
 
 8. Be it further ordained, That the corporate authorities of 
 incorporated towns subscribing to the capital stock of said 
 Chatham Railroad Company, in order to provide for the pay- 
 ment 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 subjects, which, under the 
 charters of said towns, are taxable. 
 
 9. <Be it further ordained, That the solvency of such cor- 
 porations 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 provisions of this 
 ordinance, are hereby repealed and abrogated. 
 
 Passed and ratified in open Convention the 80th day of Jan- 
 uary, A. D., 1862. 
 
 W. N. EDWARDS, 
 Teste : p ves< f Convention. 
 
 Waltek L. Steele, Secretary, 
 L. C. Edwards, Ass't Secretary. 
 
1862.] State Convention. 9 
 
 [No. 8.] 
 
 AN ORDINANCE TO INCORPORATE THE PIEDMONT 
 
 RAILROAD COMPANY. 
 
 1. Be it ordained by the Delegates of the people of North 
 Carolina in Convention assembled, and it is hereby ordained by 
 the, authority of the same, That a company by the name and 
 style of the "Piedmont Railroad Company," be, and the same 
 is hereby incorporated, with a capital stock of fifteen hundred 
 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 creating 
 the capital stock of said company, the following persons be, 
 and they are hereby appointed general commissioners : Wm. 
 T. Sutherlin, of Danville ; William P. Watt, John H. Dillard, 
 George D.Boyd and William B. Carter, of Rockingham ; Phil. 
 Barrow, John F. Poindextcr and A. J. Stafford, of Forsyth 
 county ; William A. Lash, John J. Martin and James Riason, 
 of Stokes county ; Jesse H. Lindsay, 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 Gant and Eli F. Watson, of 
 Alamance ; John W. Cunningham, Edwin G. Read and Thos. 
 McGee, of the county of Person ; William Johnston, of the 
 town of Charlotte ; James C. Turrentine and Wm. F. Stray- 
 horn, of the county of Orange ; Benjamin A. Kittrell, of the 
 town of Lexington ; H. C. Jones, Sr., of Salisbury ; Jonathan 
 Worth, of the town of Ashboro' ; Wm. P. Taylor, of Pitts- 
 boro' ; whose duty it shall be to direct the opening of books 
 for subscriptions 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 ahall and may be lawful for books of 
 subscriptions to said stock may be opened in the town of Char- 
 lotte under the direction of John A. Young, Wm. Johnston and 
 
 2 
 
10 State Convention. [Feb.^ 
 
 James W. Osborne, or any one of them; in Concord, under 
 the direction of V. M. Barringer, Caleb Phifer and Daniel 
 Coleman, or any one of them ; in Salisbury, under the direc- 
 tion of Nathaniel Boyden, N. N. Fleming, J. I. Shaver, or 
 any one of them ; at Lexington, -under the direction of Wm. 
 R. Holt, John P. Mabrey and Samuel Hargrove, or any one of 
 them ; at 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. H. Starbuck, J. G. Lash, Francis Fries 
 and C. L. Bonner, or any one of them ; at Danbury, under 
 the direction of Nathaniel Moody, A. H. Joyce and S. Taylor, 
 or any one of them ; at Graham, under the direction of Thos. 
 Ruffin, Jr., John Trollinger and Edward Holt, or any one of 
 them ; at Roxboro', under the direction of Chas. Winstead, 
 Dr. C. H. Jordan and Green Williams, or any one of them ; 
 at Yanceyville, under the direcfion 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 Wentworth, under 
 the direction of John W. Ellington, W. M. Ellington and 3. 
 J. Low, or any one of them ; at Madison, under the direction 
 of Wm. L. Scales, Joseph H. Cardwell and Nicholas Dalton, 
 or any one of them; at Leaksville, under the direction of Geo. 
 L. Aiken, Jones W. Burton and E. T. Brodnax, or any one of 
 them ; at High Rock, under the direction of Francis L. Simp- 
 son, Dr. R. H. Scales and George 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 Hillsboro', under the direction of J. C. Tur- 
 rentine, Henry K. Nash and W. F. Strayhorn, or any one of 
 them ; and in the city of Richmond, Va., under the direction 
 of A. Y. Stokes, Lewis E. Harvey and Thomas N. Brock en- 
 brough, or any one of them ; and said commissioners shall have 
 power to appoint a Chairman of their body, Treasurer, and all 
 
1862.] State Convention. 11 
 
 other officers their organization may require, and sue for and 
 recover all sums of money that ought, under this ordinance, to 
 be recovered by them in the name of said corporation. 
 
 3. Be it further ordained, That all persons who are, by this 
 ordinance authorized, or who may be hereafter, by the general 
 coommissioners, authorized to open books of subscription, 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, and as long thereafter as the 
 general commissioners shall direct : and that all subscriptions 
 of stock shall be in shares of one hundred dollars, the subscri- 
 ber paying, at the time he makes his subscription, five dollars 
 on each share by him subscribed, to the person or persons au- 
 thorized to receive such subscriptions ; and upon closing the 
 books, all such sums as shall have thus been received of sub- 
 scribers, on the first cash instalment, shall be paid over to the 
 genera] commissioners, by the persons receiving the same, and 
 in case of failure to pay, as aforesaid, such person or persons, 
 receiving laid 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 Avherc such delinquent resides, or if he resides in an- 
 other State, then, in any court in such State having competent 
 jurisdiction. The general commissioners shall have power to 
 call on and require all persons empowered to receive subscrip- 
 tions of stock, at any time, and from time to time, as a major- 
 ity 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 sub- 
 scriptions of stock shall pass a receipt to the subscriber or sub- 
 scribers for the payment of the first instalment, as heretofore 
 required to be paid, and upon their settlement with the general 
 commissioners as aforesaid, it shall be the duty of said general 
 commissioners, in like manner, to pass their receipts for all 
 
12 State Convention. [Feb., 
 
 sums thus received to the persons from whom received, aud such 
 receipts shall be taken and held to be good and sufficient vouch- 
 ers to persons holding them ; that subscriptions of stock may 
 be received as aforesaid or as hereafter provided for, to the 
 amount of fifteen hundred thousand dollars. 
 
 4. Be it further ordained. That it shall be the duty of said 
 general commissioners to direct and authorize said books of 
 subscription to be kept open until the sum of one hundred thou- 
 sand dollars, at least, shall be subscribed in the manner afore- 
 said, 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 dollars 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 " Piedmont Railroad Company," with all 
 the corporate powers and authority thereby 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 con- 
 vey 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 common seal, which 
 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, 
 possess and enjoy, 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 necessa- 
 ry 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 A merica. 
 
 5. Be it further ordained, That as soon as the sum of one 
 hundred thousand dollars or upwards shall be subscribed, as 
 aforesaid, it shall be the duty of the general commissioners to 
 appoint a time for the stockholders to meet in the town of 
 
1862.] State Convention. 13 
 
 Greensboro, in the county of Guilford, which they shall cause 
 to be previously published for the space of thirty days, in one 
 or more newspapers ; at which time and place, the said stock- 
 holders shall, in person or by proxy, proceed to elect by ballot 
 nine directors of the company, and to enact all such regula- 
 tions and by-laws as may be necessary for the government of 
 said corporation, and the transaction of its business. The per- 
 sons elected directors at this meeting shall serve such period 
 not exceeding one year as the stockholders may direct ; and at 
 this meeting, the stockholders shall fix on the day and place 
 or places when and where the subsequent election of directors 
 shall be hold, and such elections shall thenceforth be annually 
 made ; but if the day of annual elections should p;iss without 
 any election of directors, the corporation shall not thereby be 
 dissolved ; but the directors in office 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 corporation. 
 
 G. Be it further ordained,' That the affairs of said company 
 shall be managed by a general board, to consist of nine direc- 
 tors, to be elected by the stockholders from among themselves, 
 at their fust and subsequent general annual meetings, and no 
 stockholder shall be elected a director, nor serve as such, unless 
 he be at the time of his election the owner of five shares of 
 stock, and shall continue to hold the same during the term of 
 his service as director. 
 
 7. Be it further ordained, That the President of said com- 
 pany shall be chosen by ballot by a majority of the Directors 
 from among themselves, with a salary to be fixed by the stock- 
 holders in general meeting. 
 
 8. Be it further ordained, That all stockholders, not being- 
 aliens, shall Be entitled to vote cither in person 8r by proxy 1 , 
 the proxy being a stockholder, at all general meetings, and the 
 vote to which each stockholder shall be entitled, shall be ac- 
 cording to the number of shares he may hold as herci »after 
 provided. 
 
14 State Convention. [Feb., 
 
 0. Be it further ordained, That at the first general meeting 
 of the stockholders, under this ordinance, a majority of all the 
 shares subscribed shall be represented before proceeding to 
 business ; and if a sufficient number do not appear on the day 
 appointed, those who do attend shall have power to adjourn from* 
 time to time until a regular meeting be thus formed, and at 
 such meeting the stockholders 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 transac- 
 tion of business at all subsequent meetings. 
 
 10. Be it further ordained, That the general commissioners 
 shall make their return of shares of stock subscribed for, at 
 the first general meeting of the stockholders, and pay over to 
 the directors elected at that meeting, or their authorized agent, 
 all sums of money received from subscribers ; 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 
 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 Directors 
 shall have power and authority to open books for further sub- 
 scriptions to the stock of said company at such times and un- 
 der 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 have 
 power and proceed to construct, as speedily as possible, a Rail- 
 road with ope or more tracks, from the North Carolina Rail- 
 road to the Richmond and Danville Railroad in Virginia, to be 
 used and operated by steam power, and to the end that the 
 said corporated may have power and authority to construct said 
 road within the limits of the State of Virginia — this charter 
 
1862.] State Convention. 15 
 
 shall be transmitted by the President of this Convention to the 
 Governor of Virginia, to the end that the legislative sanction 
 of that State, approving the ordinance, may be given to said 
 company, to construct the' railroad as aforesaid within the lim- 
 its of that State : Provided, That the company formed under 
 this charter shall have no power to discriminate, on either 
 freight or travel, against the North Carolina Railroad, or roads 
 in North Carolina connected with it. 
 
 14. Be it further ordained, That said company shall have 
 the exclusive right of conveyance or transportation of persons, 
 goods, merchandise, and produce, over the road constructed by 
 them, at such charges as may be fixed upon by a majority of 
 the directors ; and the said company may farm out their rights 
 of transportation over their said railroad, subject to the rules 
 above mentioned ; and said company, and every person who 
 may have received from them the right of transportation of 
 goods, wares, and produce on said road, shall be deemed and 
 and taken to be a commmon carrier, as respects everything en- 
 trusted to them or him for transportation. 
 
 15. Be it further ordained, That the Board of Directors 
 may call for the payment of the sums subscribed as stock in 
 said company in such instalments as the interest of the said 
 company may require ; the call for each payment shall be pub- 
 lished in one or more papers in this State for two months be- 
 fore the day of payment, and on failure of any stockholder to 
 pay each instalment as thus required, the directors may sell at 
 public auction, on a previous notice of ten days, for cash, all 
 the stock subscribed for in said company by such stockholders, 
 and convey the same to the purchaser at said sale, discharged 
 from further liabilities ; and if said sale of stock does not pro- 
 duce a sum sufficient to pay oft' the incidental expenses of sale, 
 and the entire amount owing by such stockholder to the com- 
 pany for such subscription of stock, then and in that case the 
 whole of such balance shall be held and taken as due at once 
 to the company, and may be recovered of such stockholder or 
 his executors, administrators or assigns, at suit of said'company 
 
16 State Convention. [Feb., 
 
 either by summary motion in any court of supreme jurisdiction 
 in the county where the delinquent resides, on a previous notice 
 of ten days to said subscribers, or by action of assumpit in 
 any court of competent jurisdiction, or by warrant before a 
 Justice of the Peace when the sum does not exceed one hun- 
 dred dollars ; and in all cases of assignment of stock before 
 the whole amount has been paid to the company, then, for all 
 sums due on such stock, both the original subscribers and the 
 first and all the subsequent assignees shall be held liable to the 
 company, and the same may be recovered as above described. 
 
 16. Be it further ordained. That said company shall issue 
 certificates of stock to its members, and said stock may be 
 transferred in such manner and form as may be directed by the 
 by-laws of the company. 
 
 17. Be it further ordained. That the debt of the stock- 
 holders due to the company for stock therein, either original 
 proprietor, or as first or subsequent assignee, shall be considered 
 with equal dignity with judgments in the distribution of the 
 assets of a deceased stockholder by his legal representatives. 
 
 18. Be it further ordained, That the Board of Directors 
 shall, once a year, at least, make a full report on the state of 
 the company and its affairs, to a general meeting of the stock- 
 holders, 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 pre- 
 scribe the mode thereof. 
 
 19. Be it further ordained, That the said company may pur- 
 chase, have and hold, in fee or for a term of years, any lands, 
 tenements, or hereditaments which may be necessary for said 
 road, or appurtenances thereof, or for the erection of deposito- 
 ries, store houses, houses for the officers, servants, or agents of 
 the company, or for the workshops or foundries to be used for 
 said company, or for procuring stone or other materials neces- 
 sary to the construction of the road, or for effecting transporta- 
 tion thereon. 
 
18G2.] State Convention. 17 
 
 20. Be it further ordained, That the company shall have 
 the right, when necessary, to conduct the said road across or 
 along any public road or water course : Provided, That the 
 said company shall not obstruct any public road without con- 
 structing another equally as good and convenient. 
 
 21. Be it further ordained, That when any land or right of 
 way may be required by said company for the purpose of con- 
 structing their road, and for want of agreement as to the value 
 thereof, or for any other cause, the same can not be purchased 
 from the owner or owners — the same many be taken at a valu- 
 ation to be made by five freeholders, selected by the County 
 Court in the county where the right of way is situated : Pro- 
 vided, nevertheless, That if any person or persons over whose 
 lands the road may pass, or if said company should be dissatis- 
 fied with the valuation of said freeholders, then, and in that 
 case, the party so dissatisfied may have an appeal to the Supe- 
 rior Court in the county where the damage is done, or in either 
 county where the land may lie, under the same rules, regula- 
 tions and restrictions as in other classes of appeal ; the pro- 
 ceeding of the said freeholders, accompanied with a full de- 
 scription of said land or right of way, shall be returned under 
 the hands and seals of a majority of them to the court from 
 which the order was made, there to remain a matter of record ; 
 and the lands or right of way so valued, shall vest in the said 
 company 60 long as the same may be used for purposes of said 
 railroad, as soon as the valuation shall have been made, or when 
 refused, may have been tendered : Provided, That on applica- 
 tion for the appointment of freeholders under this section, it 
 shall be made to appear to the satisfaction of the court, that at 
 least ten days' previous notice has been given by the applicant 
 to the owner or owners of the land proposed to be condemned, 
 or if the owner or owners be infants or non eompos mentis, then 
 to the guardian or guardians of such owner or owners, if such 
 guardian can be found within the county, or if he cannot be 
 found, then such appointment shall not be made unless notice 
 of the application shall have been published at least one month 
 
 3 
 
18 State Convention. [Feb., 
 
 next preceding in sonic newspaper printed as conveniently as 
 may be to the court house of the county, and shall have been 
 posted at the door of the court house on the first day of the 
 term of said court to which the application is made : Provided, 
 further, That the valuation provided for in this section shall 
 be made on oath by the freeholders aforesaid, which oath, any 
 Justice of the Peace, or clerk, is authorized to administer : 
 Provided, further, That the right of condemnation herein 
 granted, shall not authorize the said company to invade the 
 dwelling house, yard, garden or burial ground of any individual 
 without his consent. 
 
 22. Be it further ordained, That the right of said company 
 to condemn lands in the manner as aforesaid, shall extend to 
 the condemning one hundred feet on each side of the track of 
 the road, measuring from the centre of the same, unless in case 
 of deep cuts and fillings, when said company shall have power 
 to condemn as much in addition thereto as may be necessary 
 for the purpose of constructing said road, and the company 
 shall also have power to condemn and appropriate lands in like 
 manner for the constructing and building of depots, shops, 
 warehouses, buildings for servants, agents, and persons employed 
 on the road, not exceeding four acres to any one lot or station. 
 
 23. Be it further ordained, That in the absence of any con- 
 tract or contracts with said company in relation to the lands 
 through which the said road may pass, signed by the owner 
 thereof, or his agent or any claimant or person in possession 
 thereof, it shall be presumed that the land upon which the said 
 road may be constructed, together with the space of one hun- 
 dred feet on each side of the centre of said road, has been 
 granted to the said company by the owner thereof, and the said 
 said company shall have good right and title thereto, and shall 
 have, hold and enjoy the same as long as the same be used for 
 the purposes of the road, and no longer, unless the person or 
 persons owning the said land at the time that part of the said 
 road which may be on the said land was finished, or those claim- 
 ing under him, her or them, shall apply for an assignment of the 
 
1862.] State Convention. 19 
 
 value of said lands as hereinbefore directed, within two years 
 next after that part of the said road which may be on said lands 
 was finished, and in case the said owner, or those claiming under 
 him, her or them, shall not apply within two years next after 
 the said part was finished, he, she or they shall be forever 
 barred from recovering said land, or having any assessment or 
 compensation therefor : Provided, Nothing herein contained 
 shall affect the rights of feme coverts, or infants, until two years 
 after the removal of their" respective disabilities. 
 
 24. Be it further ordained, That all lands not heretofore 
 granted to any person within one hundred feet of the centre of 
 said road, shall vest in the company so soon as the line of the 
 road is definitely laid out through it, and any grant of said 
 land shall thereafter be void. 
 
 25. Be it further ordained, That if any person or persons 
 shall intrude upon said railroad, by any manner of use thereof, 
 or of the right and privilege connected therewith, without the 
 permission, or contrary to the will of said company, he, she or 
 they may be indicted for a misdemeanor, and upon conviction, 
 fined and imprisoned by any court of competent jurisdiction. 
 
 26. Be it further ordained, That if any person or persons 
 shall willfully and maliciously destroy, or in any manner hurt 
 or damage, or shall willfully and maliciously cause, or aid or 
 assist, or counsel and advise any other person or persons to de- 
 stroy, or in any manner to hurt, damage, injure or obstruct the 
 said railroad, or any bridge or vehicle used for or in the trans- 
 portation thereon, any water-tank, warehouse, or other property 
 of said company,- such person or persons, so offending, shall be 
 liable to be indicted therefor, and on conviction, shall be impris- 
 oned not less than one nor more than six months, and pay a 
 fine, not exceeding five hundred dollars, nor less than twenty 
 dollars, at the discretion of the court before which said convic- 
 tion shall take place, and shall be further liable to pay all ex- 
 penses for repairing the same ; and it shall not be competent 
 for any one so offending against the provisions of this clause to 
 
 -defend himself by pleading or giving in evidence that he was 
 
20 State Convention. [Feb., 
 
 the owner, agent, or servant of the owner of the land where 
 such destruction, hurt, damage, injury or obstruction was done 
 at the time the same was done or caused to be done. 
 
 27. Be it further ordained, That every obstruction to the 
 safe and free passage of vehicles on said road shall be deemed 
 a public nuisance, and be abated as such by any officer, agent or 
 servant of said company, and the person causing such obstruc- 
 tion may be indicted for erecting a public nuisance. 
 
 28. Be it further ordained, That the said company shall 
 have the right to take, at the storehouses they may establish, 
 or annex to their railroad, all goods, wares, merchandise, and 
 produce intended for transportation, to prescribe the rules of 
 priority, and charge and receive such just and reasonable com- 
 pensation for storage as they, by rules, may establish (winch 
 they shall cause to be published) as may be fixed, by agreement, 
 with the owners, which may be distinct from rates of transpor- 
 tation : Provided, That the said company shall not charge nor 
 receive storage on goods, wares, merchandise or produce which 
 may be delivered to them at their regular depositories for imme- 
 diate transportation, and which the company may have the 
 power to transport immediately. 
 
 20. Be it further ordained, That the profits of the company, 
 or so much thereof as the General Board may deem advisable, 
 shall, when the affairs of the company will permit, be semi- 
 annually divided among the stockholders in proportion to the 
 stock each may own. 
 
 30. Be it further ordained, That the following officers and 
 servants and persons in the actual employment of said company 
 be, and they are hereby exempt from the performance of jury 
 and ordinary militia duty : The President and Treasurer, the 
 Board of Directors, Chief and Assistant Engineers, the Secretary 
 and Accountant of the company, keepers of the depositories, 
 guards stationed on the road and at the bridges, and such per- 
 sons as may be working the locomotive engines and traveling 
 with tbe cars for the purpose of attending to the transport of 
 produce, goods and passengers on the road. 
 
1862.] State Convention. 21 
 
 31. Be it farther ordained, That if the Legislature of Vir- 
 ginia shall sanction this charter, and authorize the construction 
 of said road within the limits of Virginia to the Richmond and 
 Danville Railroad, and said road shall be so constructed, the 
 said corporation hereby created shall, nevctherless, have power 
 and authority to construct and build one or more branches <>f 
 said road to the Coalfields of Dan River, and the navigable 
 waters on Smith's River, in the county of Rockingham, and 
 are hereby vested with the rights, powers, privileges and im- 
 munities to build and construct said branch or branches with 
 which they arc invested to build the main road ; and the said 
 road, with its branches, authorized to be constructed under this 
 charter, shall be of the same guage 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 llillsboro' at or near Danville. 
 
 32. Be it farther ordained, That for the purpose of ascer- 
 taining the best route for said road and its branches, and to 
 locate the same, it shall be lawful for said company, by its en- 
 gineers, servants and agents, to enter upon, examine and sur- 
 vey any land or lands that they may wish to examine for such 
 purpose, free from any liability whatever. 
 
 33. Be it farther ordained, That any one or more of the 
 solvent incorporate railroad companies of the said States, and 
 also the Confederate States of America, may subscribe for 
 stock in said company, and should the Confederate States of 
 America subscribe for and take the whole of such stock, or the 
 larger part thereof, power and authority are given to said Con- 
 federate 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 of the same, or any part or parts there- 
 of, as hereinafter provided. 
 
22 State Convention. [Feb., 
 
 34. Be it further ordained, That as soon as, under the su- 
 pervision of the general commissioners, as by this ordinance 
 provided, there shall be subscribed by the Confederate 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 payments 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. 
 
 85. Be it further ordained, That as soon as subscribers 
 other than the Confederate States of America, as herein pro- 
 vided, 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 stockholders, in all general 
 meetings, shall have power to elect five of the said nine Direc- 
 tors, 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 Confederate States of America in the election of Direc- 
 tors, and on all other questions, shall be in proportion to the 
 stock held by them : Provided, That at such elections no stock- 
 holder shall give more than two hundred votes. 
 . 36. Be it further ordained, That full right and privilege is 
 hereby reserved to the State, or to any company hereafter to 
 
1862.] State Convention. 23 
 
 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 injury shall be done to the works 
 of the company hereby incorporated. 
 
 37. Be it further ordained, That the corporate franchises 
 and privileges hereby granted shall cease and determine at the 
 expiration of ninety-nine years from the day of the passage of 
 this ordinance. 
 
 Passed and ratified in open Convention the 8th day of Feb- 
 ruary, A. D., 1862. 
 
 W. N. EDWARDS, 
 Teste : Pres. of Convention. 
 
 Walter L. Steele, Secretary, 
 L. C. Edwards, Ass't Secretary. 
 
 [No. 9.] 
 AN ORDINANCE TO INCORPORATE THE WASH- 
 INGTON AND TARBORO' RAILROAD COMPANY. 
 
 1. Be it ordained by the Delegates of the people of North 
 Carolina in Convention assembled, and it is hereby ordained by 
 the authority of the same, That for the purpose of effecting a 
 railroad communication between the town of Washington and 
 the town of Tarboro', the formation of a corporate company, 
 with the capital of four hundred thousand dollars, is hereby 
 authorized, to be called the Washington and Tarboro' Railroad 
 Company, andjwhen formed in compliance with the conditions 
 hereinafter prescribed, to have a corporate existence as a body 
 politic in perpetuity. 
 
 2. Be it further ordained. That the said company be, and 
 the same is 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'. 
 
24 State Convention. [Feb., 
 
 3. Be it further ordained, That for the purpose of raising 
 the capital stock of said company, it shall be lawful to open 
 books under the direction of the following named Commission- 
 er?, to-wit : At Washington, under the direction of John Myers, 
 Joseph Potts, Benjamin F. Havens, B. M. Selby, and George 
 H. Brown ; at Pactolus, under the direction of Churchill Per- 
 kins, Peyton A. Atkinson, J. G-. B. Grimes, Rippon Ward, and 
 Henry Stancill ; at Tarboro', under the direction of John S. 
 Dancy, R. H. Pender, Robert 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 com- 
 missoners first named may deem proper, for the purpose of re- 
 ceiving subscriptions to the amount of four hundred thousand 
 dollars, in shares of fifty dollars each. 
 
 4. Be it further ordained, That the commissioners above 
 named, and all other persons who may hereafter be authorized 
 as aforesaid to open books for subscriptions, shall open the same 
 at any time after the ratification of this ordinance, first giving 
 ten days' notice thereof, of the time and place, in one or more of 
 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 commis- 
 sioners first above named shall direct, and the said first com- 
 missioners shall have power to call on and require 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 subscriptions of stock by them respectively re- 
 ceived. 
 
 5. Be it further ordained, That whenever the sum of ten 
 thousand dollars shall be subscribed in the manner and form 
 aforesaid, the subscribers, their executors, administrators 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 capa- 
 ble in law and equity of purchasing, holding, selling, leasing, 
 and conveying estates, real, personal and mixed, and acquiring 
 
1862.] State Convention. 25 
 
 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 court of law and equity in this State, and 
 may have and use a common seal, ■which they may alter and 
 renew at pleasure, and shall have and enjoy all other* rights 
 and immunities which other railroad corporate bodies may, and 
 of right do exercise, and make all by-laws, rules, and regula- 
 tions that are necessary for the government of the corporation, 
 or effecting the object for which it was created, not inconsis- 
 tent with the Constitution and laws of the State. 
 
 6. Be it further ordained, That it shall be the duty of the 
 commissioners named in this ordinance for receiving subscrip- 
 tions in Washington, or a majority of them, as soon as the sum 
 of ten thousand dollars shall have been subscribed, in manner 
 aforesaid, to give public notice thereof, and at the same time to 
 call a general meeting of the stockholders, giving at least fif- 
 teen days' notice of the time and place of meeting ; a majority 
 of the stockholders being represented in person, or by proxy, 
 shall proceed to elect a President and Treasurer, and six Di- 
 rectors, out of the number of stockholders ; and the said Di- 
 rectors shall have power to perform all the duties necessary in 
 the government of the corporation, and the transaction of its 
 business; and the persons elected as aforesaid, shall serve such 
 period, not exceeding one year, as 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 with- 
 out an election, the corporation shall net thereby be qlissolved, 
 but the officers formerly elected shall continue in office until a 
 new election takes place. 
 
 7. B<> it further ordained. That the election of officers afore- 
 said, shall be, by ballot, each stockholder having as many votea 
 4 
 
26 State Convention. [Feb., 
 
 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 which he is nominated, and at all 
 elections and upon all votes taken at any meeting of the stock- 
 holders, 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 rep- 
 resented either in pergon 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 may 
 fill any vacancies that may occur in it during the period for 
 which they have been elected, and in the absence of the Presi- 
 dent, may appoint a President, pro tempore, to fill his place. 
 
 9. Be it further ordained, That the Board of Directors may 
 call for the sums subscribed as stock in said company in such 
 instalments as the interest of said company may, in their opin- 
 ion, require. The call for each payment shall be published in 
 one or more newspapers 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 inci- 
 dental 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, cither by summary motion in any court 
 of superior jurisdiction in the county where the delinquent re- 
 sides, 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 whole amount has been paid to the com- 
 
1862.] State Convention. 27 
 
 pany, then, for all sums on such stocks, both the original sub- 
 scriber and all subsequent assignees, shall be liable to the 
 company, and the same may be recovered as above described. 
 
 10. Be it further 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 be considered 
 as of equal dignity with judgments in the distribution of assets 
 of a deceased stockholder by his legal representatives. 
 
 11. Be it further ordained, That said company shall issue 
 certificates of stock to its members, and said stock may be 
 transferred in such manner and form as may be directed by the 
 by-laws of the company. 
 
 12. Be it further ordained, That the said company may, at 
 any time, increase its capital stock to a sum sufficient to com- 
 plete said road, not exceeding the additional sum of one hun- 
 dred thousand dollars, by opening books of subscription 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 pre- 
 scribed 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, tenements 
 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 foun- 
 dries, to be used by the company, or for procuring stone or other 
 material necessary to the construction of the road or effecting 
 transportation, and for no other purposes whatever. 
 
 15. Be it further ordained, That the company shall have 
 the right, when necessary, to construct the said railroad across 
 any public road or along the side of any public road : Pro- 
 
28 . State Convention. [Feb., 
 
 vided, That the said company shall not obstruct any public 
 road without constructing one equally as good and as conven- 
 ient as the one taken by the company. 
 
 16. Be it further ordained, That -when any lands or right 
 of way may be required by the company for the purpose of 
 constructing their road, building warehouses, water-stations, 
 workshops or depositories, and for want of agreement 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 val- 
 uation, 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 above the 
 advantage and benefit shall form the measure of valuation of 
 the land or right of way : Provided, nevertheless, That if any 
 person or persons over Avhose 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 jury, with all the pro- 
 ceedings 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 grave-yard of any individual without 
 his consent. 
 
 17. Be it further ordained, That the right of said company 
 to condemn land in the manner described in the above section, 
 shall extend to the condemnation only of one hundred feet on 
 
1862.] State Convention. 29 
 
 each side of the main track of the road, and from the ce n tr 
 of the same, except in case of deep cuts and fillings, when the 
 said company shall have 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 shops, not exceeding five acres in any one lot or station. 
 
 1 8. 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 company, 
 or so much thereof as the Board of Directors may deem ad- 
 visable, shall, when the affairs of the company frill permit, be 
 annually or semi-annually divided among the stockholders in 
 proportion to the stock each may own. 
 
 20. Be it further 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 Direc- 
 tors 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 is- 
 sue bonds to an amount not exceeding fifty thousand dollars, 
 to be signed by the President of said company, under the com- 
 mon seal of the same, in sums of five hundred dollars each, 
 bearing interest at the rate of seven per cent, or less per an- 
 num, to be paid semi-annually. 
 
 23. Be it further ordained, That to secure the faithful pay- 
 ment of said bonds, it may and shall be lawful for the Presi- 
 dent and Directors of the Washington and. Tarboro' Railroad 
 
30 State Convention. [Feb., 
 
 Company to make, execute and deliver to such person as the 
 company may select or appoint, a deed of trust or mortgage, 
 under the common seal of said company, wherein shall be con- 
 veyed to the person thus appointed trustee, the road, property, 
 income and franchise of said company, acquired or to be ac- 
 quired, conditioned for the payment of the interest and final 
 redemption of said bonds. 
 
 24. Be it further ordained, That all officers of the company, 
 and servants, and persons in the actual employment of the 
 company, may be, and they are hereby exempt from perform- 
 ing ordinary military duty, (except in case of insurrection or 
 invasion,) working on public roads and serving as jurors. 
 
 25. Be it further ordained, That all the work hereby re- 
 quired, shall be executed with due diligence, and if it be not 
 commenced within four years after the ratification of this or- 
 dinance, 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. 
 
 Passed and ratified in open Convention the 7th February, 
 
 1862. 
 
 W. N. EDWARDS, 
 Teste : Pres. of Convention. 
 
 Walter L. Steele, Secretary, 
 
 L. C. Edwards, Ass't Secretary. 
 
 [No. 10.] 
 
 AN ORDINANCE TO AUTHORIZE THE TREASURER 
 
 TO ISSUE TREASURY NOTES. 
 
 Be it ordained by the Delegates of the people of North 
 Carolina in Convention assembled, and it is hereby ordained by 
 the authority of the same, That the Public Treasurer be, and 
 he is hereby authorized to issue any amount of Treasury notes, 
 
1862.] State Convention. 31 
 
 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 isssued. 
 
 Passed and ratified in open Convention, the 4th day of Feb- 
 ruary, A. D., 1862. 
 
 W. N. EDWARDS, 
 
 Teste : Pres. of Convention. 
 
 Walter L. Steele, Secretary, 
 L. C. Edwards, Assistant Secretary. 
 
 [No. 11.] 
 A RESOLUTION IN RELATION TO THE MINTS. 
 
 Resolved, That in the opinion of this Convention, it is of the 
 highest importance to the interests of the Confederate States, 
 that the Mints situated within their limits should be placed in 
 operation at the earliest practicable period, and that the Sena- 
 tors and Representatives in Congress be requested to use their 
 best exertions to obtain this object. 
 
 Passed and ratified in open Convention the 7th day of Feb- 
 ruary, 1862. 
 
 W. N. EDWARDS, 
 Teste: Pres. of Convention. 
 
 Walter L. Steele, Secretary, 
 L. C. Edwards, Assistant Secretary. 
 
 [No. 12.] 
 RESOLUTION RESPECTING THE PAY OF THE 
 THIRTY-EIGHTH REGIMENT OF NORTH CARO- 
 LINA VOLUNTEERS. 
 
 Meaolved, That the pay rolls of the companies of the thirty- 
 eighth regiment of North Carolina Volunteers be made out and 
 
32 State Convention. [Feb., 
 
 received from the date of the acceptances of the companies 
 respectively. 
 
 Passed and ratified in open Convention the 8th day of Feb- 
 ruary, A. D., 1862. 
 
 W. N. EDWARDS, 
 Teste : Pres. of Convention. 
 
 Walter L. Steele, Secretary, 
 L. C. Edwards, Ass't Secretary. 
 
 [No. 13.] 
 
 AN ORDINANCE CONCERNING THE LEVYING OF 
 
 TAXES BY THE COUNTY COURTS. 
 
 1. Be it ordained by the Delegates of the people of North 
 Carolina in Convention assembled, and it is hereby 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 ; anil 
 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 respective County Courts, shall, in such cases, 
 enter the proceedings of said Justices on the minute docket of 
 said County Courts, as a part of the record of said courts thus 
 convened in special session : Provided, That in counties hold- 
 ing 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 ordained, That the act of the last extra 
 session of the General Assembly, entitled "An Act to enlarge 
 the powers of the County Courts for raising revenue for county 
 purposes;" which requires the Justices of the several County 
 
1862.] State Convention. 33 
 
 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 modified and repealed, so far as -the 
 same may apply to the present year, 1862, 
 
 3. Be it further ordained. That this ordinance shall expire 
 and be inapplicable after the year 1862. 
 
 4. Be it further ordained, That those counties in which their 
 County Courts have already levied taxes for county 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. 
 
 Passed and ratified in open Convention the 10th day of Feb- 
 ruary, A. D., 1862. 
 
 W. N. EDWARDS, 
 
 Teste : Pres. of Convention. 
 
 Walter L. Steele, Secretary, 
 L. C. Edwards, Assistant Secretary. 
 
 [No. 14.] 
 A RESOLUTION TO PRINT AN ORDINANCE. 
 
 Resolved by the Delegates of the people of North Carolina 
 in Convention assembled., and it is hereby ordained by the au- 
 thority of the same, That the Secretary of the State be author- 
 ized and directed to have printed three hundred copies of the 
 ordinance this day passed, entitled " an ordinance concerning 
 the levying of taxes by the County Courts," and forward one 
 copy each to the Sheriff, County Court Clerk and Chairman of 
 the County Court of each and every county in the State. 
 
 Passed and ratified in open Convention the 10th day of Feb- 
 ruary, A. D., 1862. 
 
 W. N. EDWARDS, 
 
 Teste : Pres. of Convention. 
 
 Walter L. Steele, Secretary, 
 L, C. Edwards, Ass't Secretary. 
 5 
 
34 State Convention. [Feb., 
 
 [No. 15.] 
 AN ORDINANCE TO AUTHORIZE THE HOLDING OF 
 A COURT OF OYER AND TERMINER, AT WAYNES- 
 VILLE, IN HAYWOOD COUNTY. 
 
 1. Be it ordained by the delegates of the people of North 
 Carolina, in Convention assembled, and it is hereby ordained by 
 the authority of the same, That His Excellency, the Governor 
 of the State, be, and he is hereby authorized and requested to 
 issue a commission to any one of the Superior Court Judges of 
 this State, to hold a court of Oyer and Terminer, at Waynes- 
 ville, 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 commissioned, shall be clothed with all 
 the powers necessary for the trial and punishment of such of- 
 fenders, their accomplices, aiders and abettors. 
 
 2. Be it further ordained, That the said Judge shall appoint 
 a day, as 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 
 House 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 upon any bill or bills which may be sent 
 before them, and the remainder of the venire shall, unless ex- 
 cused by the court, serve as traverse jurors. The said court 
 shall have power to order, if necessary, a further venire in said 
 cases. 
 
 3. Be it further ordained, That the same rules and regula- 
 tions shall govern the said court that are used at the regular 
 terms, as to the duties of the Judge, the Soliciter, the Sheriff, 
 and all others concerned in the said causes of trial, and all un- 
 der the same pay, &c. 
 
1862.] State Convention. 35 
 
 4. Be it further ordained, That this ordinance shall be in 
 force from and after its ratification. 
 
 Passed and ratified in open Convention the 10th day of Feb- 
 ruary, 1862. 
 
 W. N. EDWARDS, 
 Teste : Pres. of Convention. 
 
 Walter L. Steele, Secretary, 
 L. C. Edwards, Ass't Secretary. 
 
 [No. 16.] 
 
 AN ORDINANCE GRANTING BOUNTY TO CERTAIN 
 
 NORTH CAROLINA VOLUNTEERS. 
 
 1. Be it ordained by the Delegates of the people of Nor tit 
 Carolina in Convention assembled, and it is hereby ordained by 
 the authority of the same, That the volunteers from this State 
 in the military service of the Confederacy, where North Caro- 
 lina is or may be credited for the same by the Confederate 
 Government, are justly entitled to, and should, therefore, re- 
 ceive the bounty authorized by the acts of the eighth day of 
 May, A. D., 1861, and of the tenth day of May, 1861, 
 whether the same volunteered first to the State or directly to 
 the Confederate Government : Provided, however, That the 
 officers of all volunteers directly to the Confederate States 
 shall make such returns as the Governor may require. 
 . 2. Be it further ordained, That the Governor be authorized 
 and requested to direct the paymaster to pay all volunteers who' 
 may not have received the same, such bounty as they arc de- 
 clared to be entitled to by the above section of this ordinance. 
 Passed and ratified in open Convention the 10th day of Feb- 
 ruary, A. D., 1862. 
 
 W. N. EDWARDS, 
 Teste : Pres. of Convention. 
 
 Walter L. Steele, Secretary, 
 
 L. C. Edwards, Assistant Secretary. 
 
36 State Convention. [Feb., 
 
 [No. 17.] 
 AN ORDINANCE SUPPLEMENTAL TO AN ORDI- 
 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, RATI- 
 FIED THE 15th DAY OF FEBRUARY, 1861, ENTI- 
 TLED AN ACT TO INCORPORATE THE CHATHAM 
 RAILROAD COMPANY, AND TO REPEAL AN ACT 
 SUPPLEMENTAL THERETO, RATIFIED THE 23rd 
 ■ OF FEBRUARY, 1861," AND AUTHORIZING CER- 
 TAIN PERSONS TO OPEN BOOKS OF SUBSCRIP- 
 TION TO THE CAPITAL STOCK OF SAID COM- 
 PANY. 
 
 1. Be ii ordained by the Delegates of the people of North 
 Carolina in Convention assembled, and it is hereby ordained by 
 the authority of the same. That an act of the General Assem- 
 bly, entitled ; ' An act to incorporate the Chatham Railroad 
 Company,"' be amended by adding to the section 2d, the fol- 
 lowing : " And a majority of said general commissioners 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 Wra. W. Vass, or either 
 of them ; in the town of Newbern, under the direction of Ed. 
 Stanly, A. T. Jerkins, W. II. Oliver, or any one of them ; in 
 * the town of Goldsboro', under the direction of E. A. Thomp- 
 son, Richard Washington, P. A. Wiley, or any one of them ; 
 at Pittsboro', under the direction of H. A. London, John H. 
 Haughton, John 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 direc- 
 tion of J. B. Batchelor, John White, Richard T. Arrington, or 
 any one of them ; at Hillsboro', under the direction of William 
 A. Graham, Thomas Webb, P. B. Ruffin, or any one of them; 
 
1862.] State Convention. 37 
 
 at Smithfield, under the direction 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 direction of 
 W. T. Joynes, R. K. Martin and George D. Baskerville, or 
 any one of them ; and said general commissioners shall have 
 power to appoint a Chairman of their body, Treasurer, and all 
 other officers their organization may require, and to sue for and 
 recover all sums of money that ought, under said act, to be re- 
 covered by them in the name of said corporation. 
 
 Passed and ratified in open Convention the 10th day of Feb- 
 ruary, A. D., 1862. 
 
 W. N. EDWARDS, 
 Teste : Pres. of Convention. 
 
 Walter L. Steele, Secretary, , 
 
 L. C. Edwards, Assistant Secretary. 
 
 [No. 18.] 
 
 RESOLUTIONS RELATING TO RE-ENLISTMENT OF 
 VOLUNTEERS. 
 
 Resolved, That in the opinion of this Convention, it is of the 
 utmost importance, in the existing war, that our 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 should 
 offer such inducements in bounties of money and public land, 
 devolving to them from the United States, within the States of 
 
38 State Convention. [Feb., 
 
 the Confederacy and in the territories ; and in pensions, in 
 case of death, disability, and long terms of service, to volun- 
 teers enlisting for the Avar, 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-enlisting in 
 the service as herein proposed, should have the privilege of 
 choosing their company officers by companies, and their regi- 
 mental field officers by the commissioned officers of companies, 
 and in forming regiments, the companies heretofore associated 
 should be kept together where they are filled up in convenient 
 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 transmitted by 
 the Secretary of this Convention to the Senators and Repre- 
 sentatives of this State in the Confederate Congress, with a 
 request that they bring the subject embraced in them to the 
 consideration of Congress. 
 
 Passed and ratified in open Convention the 14th day of 
 February, A. D., 1862. , 
 
 W. N. EDWARDS, 
 Teste : Pres. of Convention. 
 
 Walter L. Steele, Secretary, 
 L. C. Edwards, Ass't Secretary. 
 
 [No. 19.] 
 
 RESOLUTIONS CONCERNING THE MANUFACTURE 
 
 OF SULPHUR AND SALTPETRE. 
 
 1. Resolved, That the Governor be requested, and he is here- 
 by authorized to employ the necessary force and procure the 
 necessary apparatus to manufacture Sulphur and Saltpetre for 
 the use of the State, at such place or places, in or out of this 
 
1862.] State Convention. 39 
 
 Stats, as he may deem proper, and that he draw upon the 
 Treasury for the money to meet the expense thereof. 
 
 Resolved, That the Governor be requested to call upon the 
 Government of the Confederate States for a supply of ammui- 
 tion for our militia and other forces. 
 
 Passed and ratified in open Convention the 14th day of Feb- 
 ruary, A. D., 1862. 
 
 W. N. EDWARDS, 
 Te8te : Pres. of Convention. 
 
 Walter L. Steele, Secretary, 
 L. C. Edwards', Ass't Secretary. 
 
 [No. 20.] 
 RESOLUTION TO RAISfe CERTAIN ARTILLERY COM- 
 PANIES FOR THE DEFENCE OF WILMINGTON. 
 
 1. Resolved, That the Governor be, and he is hereby au- 
 thorized 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 law allowed to the com- 
 panies in the service of the Confederate States. 
 
 2. Be it further resolved, That the Governor be authorized 
 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. • 
 
 Passed and ratified in open Convention the 15th day of Feb- 
 ruary, A. D., 1862. 
 
 F. B. SATTERTHWAITE, 
 
 Teste : President pro tern. 
 
 W. L. Steele, Secretary, 
 L. C. Edwards, Ass't Secretary. 
 
40 State Convention. [Feb., 
 
 [No. 21.] 
 AN ORDINANCE TO PROVIDE FOR THE ASSUMP- 
 TION AND PAYMENT OF THE CONFEDERATE 
 TAX 
 
 1. Be it ordained by the Delegates of the people of North Caro- 
 lina, in Convention assembled, and it is hereby ordained by the 
 authority of the same, That the State of North Carolina will, 
 and doth hereby assume the payment of the tax known as the 
 war tax, levied by the government of the Confederate States 
 upon the people of North Carolina, by an act of the Confede- 
 rate Congress, ratified on the day of , 1861. 
 
 2. Be it further ordained, That in order to provide the 
 means for the payment of said tax, the Treasurer of the State 
 is hereby directed to issue Treasury notes, redeemable in five 
 years, to an amount not exceeding a sum sufficient to provide 
 the payment of said tax, which notes shall be made convertible, 
 at the option of the holder, into coupon bonds bearing seven 
 per cent, interest, payable semi-annually, at the Treasury, and 
 such bonds being redeemable ten years after date. 
 
 8. Be it further ordained, That the Public Treasurer is 
 hereby directed, when called upon to do so, to issue the coupon 
 bonds described in the preceding section of this ordinance for 
 the purpose therein specified. 
 
 4. Be it further ordained, That the Treasurer is hereby 
 directed to apply the Treasury notes to be issued in obedience 
 to this ordinance, in such manner as may be necessary to the 
 payment of said Confederate tax, which he is hereby directed 
 to make. 
 
 5. Be it further ordained, That in payment of the Treasury 
 notes hereby authorized, or of the bonds in which they are 
 funded, the funds in the Treasury derived from the ordinary 
 subjects of taxation, shall not be used, but the same shall be 
 raised by a tax on the same subjects of taxation, with the same 
 exemptions that are made in the act of the Confederate Con- 
 gress imposing said tax, so that the white polls and persons 
 
1862.] State Convention. 41 
 
 whose estates do not exceed five hundred dollars, shall not be 
 liable to pay any part thereof; and those who have money in 
 possession or in deposit, shall be liable as under said act of 
 Congress. 
 
 6. Be it farther ordained. That for the purposes of raising 
 the money to pay said Treasury notes or bonds in which they 
 may be funded, an additional tax list shall be made out, setting 
 forth only the subjects of taxation enumerated in the said act 
 of the Confederate Congress, and the Treasurer shall open and 
 keep a separate account of said fund. 
 
 Passed and ratified in open Convention the 17th day of Feb- 
 ruary, A. D., 1862. 
 
 WILL. A. GRAHAM, 
 Teste : President pro tem. 
 
 Walter L. Steele, Secretary. 
 L. C. Edwards, Ass't Secretary. 
 
 [No. 22.] 
 
 A RESOLUTION IN FAVOR OF SOLDIERS DETAINED 
 
 AT RAILROAD STATIONS IN THIS STATE. 
 
 Resolved, That the Quartermaster and Commissary at 
 Raleigh and other railroad connections in this State be directed, 
 if in their power, to furnish all volunteers who may be neces- 
 sarily detained at these places, with food and lodging so long 
 as they are necessarily detained, and they shall be allowed the 
 same in the settlement of their accounts. 
 
 Passed and ratified in open Convention the 17th day of Feb- 
 ruary, A. D., 1862. 
 
 F. B. SATTERTHWAITE, 
 Teste : President pro tem. 
 
 W. L. Steele, Secretary, 
 L. C. Edwards, Ass't Secretary. 
 6 
 
42 State Convention. [Feb., 
 
 [No. 23.] 
 
 AN ORDINANCE TO RAISE NORTH CAROLINA'S 
 
 QUOTA OF CONFEDERATE TROOPS. 
 
 1. Be it ordained by the Delegates of the people of North 
 Carolina in Convention assembled, and it is hereby ordained by 
 the authority of the same, That it shall be the duty of the Gov- 
 ernor, from time to time, to issue his proclamation calling for 
 volunteers to meet the requisitions of the Confederate Govern- 
 ment, now made, or hereafter to be made : Provided, however, 
 That volunteers heretofore in service, re-enlisting, shall have 
 credit for the time they have served : Provided, further, That 
 said volunteers shall not be for a, longer time than three years, 
 and to be sooner discharged in case the present war terminates 
 before the expiration of that time : And, provided further, 
 That the Governor shall not be required to keep in the Con- 
 federate service more than the regular quota of North Carolina. 
 
 2. Be it further ordained, That the Governor shall call upon 
 the counties to furnish, by volunteering, the necessary number 
 of troops, under the present requisition, according to white 
 population (after crediting them with the troops already in the 
 service, for three years or the war, and the volunteers for twelve 
 months) to complete their respective quotas, on or before the 
 15th of March, 1862. 
 
 3. Be it further ordained, That the Governor shall require 
 each Captain now in the service, on or before the 15th day of 
 March, 1862, to return to the Adjutant General a list of the 
 officers and men under his command, with the county of the 
 residence of each at the time of his entry into service. 
 
 4. Be it further ordained, That the Governor shall call up- 
 on the several captains of volunteer companies from North Car- 
 olina 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 Conven- 
 tion and the people of North Carolina, that they shall enlist 
 for three years or the war, and in order to forward this purpose, 
 
1862.] State Convention. 43 
 
 the captains of companies or officers in command of the com- 
 pany, on the occasion of such muster, shall put the question 
 distinctly to every officer and soldier belonging thereto, wheth- 
 er he will re-enlist for three years or the war, or not ; and 
 those agreeing so to re-enlist, he will cause to subscribe a roll 
 containing such obligation, with their names and places of res- 
 idence 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 im- 
 mediately return to the office of the Adjutant General of the 
 State. 
 
 5. Be it further ordained, That volunteer companies now in 
 service, re-enlisting, may retain their present organization, or 
 re-organize at their option ; and that all volunteers not re-en- 
 listing with present organization, shall be thrown into compa- 
 nies and proceed to elect company commissioned officers, who 
 shall be commissioned by the Governor ; and the company 
 commissioned officers shall elect their field officers : Provided, 
 however, That the commissions of all officers, company or field, 
 who shall be re-elected, shall bear the dates, of their former 
 commissions. 
 
 • 6. Be it further ordained, That the Governor shall have 
 power to appoint captains and lieutenants to recruit men for 
 the service aforesaid, and to organize the men so recruited into 
 companies and regiments ; and the company commissioned 
 officers shall, in all cases, elect their field officers under the 
 rules now prescribed : Provided, however, That no person shall 
 receive a commission or pay under said appointments, except 
 as follows : When any person shall tender forty privates, who 
 in writing have agreed to serve under him, a Captain's commis- 
 sion and pay ; and in like manner for twenty-five privates, a 
 first Lieutenant's commission and pay ; and for fifteen privates 
 a second Lieutenant's commission and pay. 
 
 7. Be it further ordained, That a bounty of fifty dollars, 
 deducting the bounty already paid, shall be paid by the State 
 to all privates, musicians, and non-commissioned officers whose 
 
44 State Convention. [Feb., 
 
 term of service altogether shall be for three years or the war, 
 to be paid at the following times, to-wit : To all volunteers now 
 in service at the time of their re-entry into service ; to all now 
 in the service for three years or the war, at the expiration of 
 their first year's service ; to all new volunteers, at the time of 
 their entry into service : Provided, however, That any soldier 
 may permit his bounty to remain in the Treasury and draw the 
 same, with interest, at the expiration of one year from the 
 time it is due, or at the time of his discharge : And, provided 
 further, That such payment may be made in Treasury notes, 
 unless otherwise provided by law. 
 
 Passed and ratified in open Convention the 19th day of Feb- 
 ruary, A. D., 1862. 
 
 W. N. EDWARDS, 
 Teste : Pres. of Convention. 
 
 Walter L. Steele, Secretary, 
 
 L. C. Edwards, Ass't Secretary. 
 
 [No. 24.] 
 AN ORDINANCE TO PROHIBIT, FOR A LIMITED 
 TIME, THE MANUFACTURE OF SPIRITUOUS LI-. 
 QUORS FROM GRAIN. 
 
 1. Be it ordained by the Delegates of the people of North Caro- 
 lina in Convention assembled, and it is hereby ordained by the 
 authority of the same, That there shall be a tax of thirty cents 
 levied 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 of April next. 
 
 2. Be it further ordained, That from and after the fifteenth 
 day of April next, it shall not be lawful for any person in this 
 State to distil any such spirituous liquors, and all persons 
 guilty of violating this section of this ordinance shall, for each 
 
1862.] State Convention. 45 
 
 and every act of distillation, be guilty of a misdemeanor, and 
 on conviction thereof, shall be fined or imprisoned at the dis- 
 cretion 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, That there shall be levied a tax 
 of one dollar on every gallon of spirituous liquors sold in this 
 State, not of the manufacture of this State ; and said tax shall 
 be paid by the seller, and should the seller be a non-resident, 
 then the tax shall be paid by the purchaser. 
 
 4. Be it further ordained, That each and every person, 
 when he gives in his list of taxable property, shall also give in, 
 on oath, to the magistrate taking said list, the number of gal- 
 lons of spirituous liquors on which he is liable to pay taxes 
 under the provisions of this ordinance, under the penalties, 
 liabilities and forfeitures already provided by law in such cases. 
 
 5. Be it further ordained, That the tax of one dollar, men- 
 tioned in section third of this ordinance, shall not apply to 
 liquors brought into this State before the first day of March 
 next. 
 
 6. Be it further ordained, That this ordinance shall be in 
 'force from and after its ratification, and continue in force until 
 the first day of January, 1863, and no longer, unless re-enacted, 
 modified or amended by the General Assembly. 
 
 Passed and ratified in open Convention the 21st day of Feb- 
 ruary, A. D., 1862. 
 
 W. N. EDWARDS, 
 Teste : Pres. of Convention. 
 
 Walter L. Steele, Secretary, 
 L. C. Edwards, Ass't Secretary. 
 
 [No. 25.] 
 AN ORDINANCE RELATIVE TO THE EXPENSES IN- 
 CURRED BY THE BOARD OF CLAIMS. 
 
 Be it ordained by the delegates of the people of North Caro- 
 lina in Convention assembled, and it is hereby ordained by the 
 
46 State Convention. [Feb., 
 
 authority of the same, That the Board of Claims may draw 
 upon the Public Treasurer for all incidental expenses necessa- 
 rily incurred by them in the discharge of their official duties : 
 Provided, That such expenses shall not exceed, in the whole, 
 the 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 ordi- 
 nance. 
 
 Passed and ratified in open Convention the 21st day of Feb- 
 ruary, A. D., 1862. 
 
 W. N. EDWARDS, 
 Teste : Pres. of Convention. 
 
 Walter L. Steele, Secretary, 
 
 L. C. Edwards, Assistant Secretary. 
 
 [No. 26.] 
 
 AN ORDINANCE TO MAKE SOME PROVISION FOR 
 
 THE FAMILIES OF SOLDIERS DYING IN SERVICE. 
 
 1. Be it ordained by the delegates of the people of North Car- 
 olina in Convention assembled, and it is hereby ordained by the 
 authority of the same, That in case of the death in service of 
 any soldier, intestate, who, at the time of his death was, or 
 shall be, entitled to bounty or any arrearages of pay from this 
 State, such bounty and pay 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 no children, then to his next of 
 kin as designated in the Statute of Distributions, and in the 
 proportions therein prescribed, 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 es- 
 tablished to the satisfaction of the proper executive or military 
 authorities, according to such regulations and rules as may be 
 prescribed by the said authorities. 
 
1862.] State Convention. 47 
 
 2. Be it further ordained, That any person who shall wilful- 
 ly swear falsely in any affidavit, deposition or testimony made 
 or given for the purpose of establishing or endeavoring to es- 
 tablish a claim to any such bounty or pay, shall be guilty of 
 perjury, and upon conviction thereof shall be punished accord- 
 ingly- 
 Passed and ratified in open Convention the 22d day of Feb- 
 ruary, 1862. 
 
 W. N. EDWARDS, 
 
 Teste : Pres. of Convention. 
 
 Walter L. Steele, Secretary, 
 L. C. Edwards, Ass't Secretary. 
 
 [No. 27.] 
 
 AN ORDINANCE CONCERNING THE PAYMASTER'S 
 DEPARTMENT. 
 
 1. Be it ordained by the delegates of the people of North 
 Carolina in Convention assembled, and it is hereby ordained 
 hy the authority of the same, That the twenty-third section of 
 the act of the last session of the General Assembly, entitled 
 *' Militia Bill," be amended as follows : "That there shall be 
 one additional officer appointed by the Governor, to be attached 
 as Assistant to the Paymaster's Department, with the rank and 
 pay of a First Lieutenant, who shall be subject to the same 
 chief of the said department, 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 Legisla- 
 ture, whenever the public interest may require. 
 
 Passed and ratified in open Convention the 24th day of Feb- 
 ruary, A. D., 1862. 
 
 W. N. EDWARDS, 
 Teste : Pres. of Convention. 
 
 Walter L. Steele, Secretary, 
 L. C. Edwards, Assistant Secretary. 
 
48 State Convention. [Feb., 
 
 [No. 28.] 
 RESOLUTION IN BEHALF OF WILLIAM R. LOVELL. 
 
 Resolved, That the Treasurer of the State pay to William 
 R. Lovell the sum of eighty-two dollars, expended by him for 
 the use of the sick soldiers of the eleventh regiment of North 
 Carolina Volunters, near Manassas, when employed as a nurse 
 in August and September last. 
 
 Passed and ratified in open Convention the 25th day of 
 
 February, A. D., 1862. 
 
 W. N. EDWARDS, 
 Teste : Pres. of Convention. 
 
 Walter L. Steele, Secretary, 
 
 L. C. Edwards, Ass't Secretary. 
 
 [No. 29.] 
 A RESOLUTION IN FAVOR OF THE DOORKEEPERS. 
 
 Resolved, That the Treasurer pay to the Doorkeepers of the 
 Convention twenty-five dollars each, for servants' hire and extra 
 expenses incurred by them during the present session. 
 
 Read, passed and ratified in open Convention the 24th day 
 
 of February, A. D., 1862. 
 
 W. N. EDWARDS, 
 
 r[< es te : Pres. of Convention. 
 
 Walter L. Steele, Secretary, 
 
 L. C. Edwards, Assistant Secretary. 
 
 [No. 30.] 
 AN ORDINANCE TO ENCOURAGE THE MANUFAC- 
 TURE OF COTTON AND WOOL CARDS. 
 
 Be it ordained by the delegates of the people of North Caro- 
 lina, in Convention assembled, and it is hereby ordained by the 
 authority of the same, That if any person or persons shall 
 
1862.] State Convention. 4"9 
 
 erect buildings and construct machinery, for the 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 execution 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 interest 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, pro- 
 vided further, That the cards thus manufactured shall, in the 
 first place, be offered to sale to the citizens of this State. 
 
 Passed and ratified in open Convention the 25th day of Feb- 
 ruary, A. D., 1862. 
 
 W. N. EDWARDS, 
 Teste : Pros, of Convention. 
 
 W. L. Steele, Secretary, 
 L. C. Edwards, Ass't Secretary. 
 
 [No. 31.] 
 AN ORDINANCE FOR THE PAYMENT OF CLAIMS 
 AUDITED AND ALLOWED BY THE BOARD OF 
 CLAIMS'. 
 
 1. Be it ordained by the delegates of the people of North 
 Carolina, in Convention assembled, and it is hereby ordained 
 by the authority of the same, That the Public Treasurer, upon 
 the warrant of the Governor, pay to Samuel L. Dill, of Car- 
 teret, the sum of thirteen hundred dollars ; to G. W. Dill k 
 Co., of Carteret, fourteen hundred and thirty-three dollars .tin I 
 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. 
 7 
 
50 State Convention. [Feb., 
 
 F. Miller, High Point, forty dollars and ninety cents ; to Mc- 
 Intyre & Brown, New Hanover, sixty-eight dollars and twenty- 
 six cents ; to Thomas H. 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. Wolfe, 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 & Co., Alamance, eight dollars and 
 thirty-five cents ; to Dr. W. D. Somers, White Sulphur Spings, 
 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 dollars and forty-eight 
 cents ; to John A. Graves, Caswell, twelve dollars and sixty 
 eents ; to H. C. Stroud, assignee for Frank Harris, Orange, 
 thirty dollars ; to Harris & Howell, New Hanover, sixty dol- 
 lars; to Philip Sale, Greenville County, Va., twenty-five dol- 
 lars ; to Joseph Barnham, Northampton, seven dollars ; to Phifer 
 & York, Cabarrus, one thousand and thirty-nine dollars and 
 sixty-seven cents ; to Samuel Calvert, Northampton, one hun- 
 dred and fifty dollars ; to W. P. Lloyd, Edgecombe, ninety-six 
 dollars and seventy-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 dol- 
 lars and twenty-five cents ; to W. H. Stone, Buncombe, fifty- 
 nine dollars and twenty-five cents; to R. S. Alexander, Bun- 
 combe, 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. H. Styron, Carteret, fifteen dol- 
 lars and sixty cents ; to Jos. S. Norman, Washington, thirty- 
 three dollars ; to Dr. Peter E. Hines, 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, Petersburg, 
 
1862.] State Convention. 51 
 
 one hundred and thirty-three dollars and seventy-six (cents) 
 dollars ; to Fulton & Price, New Hanover, twenty-two dollars 
 and fifty cents ; to Hart & Baily, 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. White- 
 hurst, Carteret, twenty-four dollars ; to Thomas Duncan & Son, 
 Carteret, eighty-three dollars and seventeen cents ; to E. G. 
 Clark, Wilson, fifty dollars and twenty-five cents ; to Mrs. 
 Sarah A. Rcid, Wake, thirty-five dollars; to Patton & Alex- 
 ander, Buncombe, two hundred and forty-three dollars and 
 forty cents; to A. Mitchell & Son, Craven, two hundred 
 and fifty dollars and twenty-five cents ; to W. W. Smith, Bun- 
 combe, two hundred and thirty-five dollars and sixty-one cents ; 
 to Benjamin M. Walker, 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, forty-two dollars and fifty cents ; to Do- 
 zier & Co., Edgecombe, eighty-one dollars and thirty-five cents: 
 to Jacob Bachman, Chowan, twenty-four dollars and thirty-five 
 r< uts ; to J. L. Pennington, Craven, seventy-seven dollars and 
 forty-three cents ; to E. G. Mangum & Co., Orange, one hun- 
 dred and eight dollars and thirty-nine cents ; to W. C. King. 
 Carteret, two hundred and fifty-eight dollars and eighty cents : 
 to Geo. W. Ward, Martin, twenty-five dollars ; to W. W. Hap- 
 per, Halifax, fifty dollars and thirty cents ; to J. J. Jenkins, 
 Cleveland, twenty-six dollars and thirty-three cents ; to Miller 
 <fc Foster, Davidson, three hundred and forty-two dollars and 
 twenty-eight cents ; to James A. Washington, Wayne, five 
 hundred and ninety-one dollars and fifty-nine cents ; to Rich'd 
 C. Coher, Northampton, forty-five dollars ; to J. R. Davidson, 
 Iredell, forty-six dollars and ninety-three cents ; to Polk 
 county, five hundred and one dollars and twenty-eight cents ; 
 to Richmond county, three thousand three hundred and nine- 
 teen dollars and thi*ty-one rent.- ; to Alamance county, two 
 thousand six hundred and ninety-one dollars and fifty-four 
 cents; to Iredell county, two thousand one hundred and forty- 
 nine dollars and eighty-six cents ; to Macon county, six hun- 
 
52 State Convention. [Feb., 
 
 dred and fifty-four dollars and seventy-five cents ; to Currituck 
 county, eighty-nine dollars and ninety-one cents ; to Cumber- 
 land count}', five thousand four hundred and thirty-seven dol- 
 lars 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 Joseph H. Neff, New Hanover, one hundred and sixty-three 
 dollars and sixty cents ; to Jerry Drew, and others, Northamp- 
 ton, one hundred dollars ; to Stanly county, two thousand seven 
 hundred and thirty-three dollars and thirty-five cents ; to Surry 
 county, two thousand eight hundred and fifty-three dollars and 
 thirty-one cents ; to Caswell county, three thousand nine hun- 
 dred and forty-three dollars and fifty-seven cents ; to Charles 
 M. Rogers, one hundred and eighty-five dollars and sixty-five 
 cents ; and to Charles H. K. Taylor, assignee, three hundred 
 and twenty- two dollars and sixty-nine cents ; and that said pay- 
 ments be made without prejudice to claims which have been 
 presented and not allowed, on account of commutation pay re- 
 ceived from the Confederate States. 
 
 Passed and ratified in open Convention the 25th day of Feb- 
 ruary, A. D., 1862. 
 
 W. N. EDWARDS, 
 Teste : Pres. of Convention. 
 
 Walter L. Steele, Secretary, 
 
 L. C. Edwards, Assistant Secretary. 
 
 [No. 32.] 
 AN ORDINANCE TO TAX MONEY. 
 
 1. Be it ordained by the Delegates of the people of North 
 Carolina in Convention assemhled, and it is hereby ordained by 
 the authority of the same, That hereafter all monies on hand, 
 and all monies on deposit with individuals, or in the banks or 
 other corporations, shall be taxed one-fifth of one per cent., as 
 
1862.] State Convention. 53 
 
 now imposed on money at interest ; and all persons having 
 money in possession or on deposit, as aforesaid, on the first day 
 of A pril in each and every year, shall be req uired to list the 
 same when they list other taxable property, under the same lia- 
 bilities and responsibilities as are now imposed by law for failure 
 or neglect to list other taxable property : Provided, That bank 
 notes and Confederate State Treasury notes shall be considered 
 money. 
 
 2. Be it further ordained, That the provisions of this or- 
 dinance shall not apply to those who may have less than one 
 hundred dollars to list. 
 
 3. Be it further ordained, That this ordinance may be mod- 
 ified or repealed by the General Assembly. 
 
 Passed and ratified in open Convention the 26th day 
 of February, A. D., 1862. 
 
 W. N. EDWARDS, 
 Teste : Prcs. of Convention. 
 
 Walter L. Steele, Secretary, 
 L. C. Edwards, Assistant Secretary. 
 
 [No. 33.] 
 
 AN ORDINANCE REGULATING THE APPOINTMENT 
 
 OF COMPANY OFFICERS. 
 
 Be it ordained by the Delegates of the people of North Caro- 
 lina, in Convention assembled, and it is hereby ordained by the 
 authority of the same, That whenever a vacancy occurs in the 
 commissioned officers of any of the companies in this State, 
 raised under an act entitled " an act to raise ten thousand State 
 Troops," or to be raised under the ordinance entitled "an or- 
 dinance to raise North Carolina's quota of Troops," the vacan- 
 cy shall be filled by promotion of the officers next in grade in 
 in said company ; and whenever a vacancy shall occur in the 
 office of junior second Lieutenant, the vacancy shall be filled by 
 
54 State Convention. [Feb., 
 
 election by the non-commissioned officers and privates of the 
 company in which such vacancy occurs. 
 
 Passed and ratified in open Convention the 26th day of 
 February, A. D., 1862. 
 
 W. N. EDWARDS, 
 Teste : Pres. of Convention. 
 
 Walter L. Steele, Secretary, 
 L. C. Edwards, Ass't Secretary. 
 
 [No. 34.] 
 
 AN ORDINANCE CONFERRING ON THE COMMIS- 
 SIONERS OF TOWN OF WILMINGTON AND OTHER 
 TOWNS CERTAIN POWERS FOR THE DEFENCE 
 THEREOF. 
 
 1. Be it ordained, #c, That the commissioners of the town 
 of Wilmington shall have power to place obstructions in the 
 river, and to erect or to complete, if already in process of erec- 
 tion, any work or works upon, or at the mouth of Cape Fear 
 River, or around, near or within the said town, which they may 
 deem necessary for the defence thereof, and also for the like 
 purpose, to purchase cannon, powder, ball and other munitions 
 of war : Provided, That the said obstructions are placed in the 
 river, with the consent of the Confederate officer in command. 
 
 2. Be it further ordained, That to meet the expenses which 
 may be incurred under the foregoing section, the said commis- 
 sioners 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 taxation within said 
 town as may be necessary. 
 
 3. Be it further ordained, That whenever the commanding offi- 
 cer shall certify that the expenses incurred by the commission- 
 ers under this ordinance were necessary for the State defence, 
 the same shall be a charge upon the Public Treasury : Provided^ 
 
1862.] State Convention. 55 
 
 That application shall have first been made to the Confederate 
 Government, and they shall have failed to assume the payment 
 of the same six months after said application. 
 
 4. Be it further ordained, That the provisions of this ordi- 
 nance be extended to the commissioners of the towns of New- 
 born and Washington, or any other towns that may make the 
 same application, under similar circumstances. 
 
 Passed and ratified in open Convention the 26th day of Feb- 
 ruary, A. D., 1862. 
 
 W. N. EDWARDS, 
 Teste : Pres. of Convention. 
 
 Walter L. Steele, Secretary, 
 L. C. Edwards, Ass't Secretary. 
 
 [No. 35.] 
 AN ORDINANCE TO PROVIDE FOR FUNDING THE 
 TREASURY NOTES OF THIS STATE, AND FOR 
 OTHER PURPOSES. 
 
 1. Be it ordained, §c, That any of the Treasury notes 
 issued or hereafter to be 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 "An 
 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 Treasurer, 
 and payable 20 years after date, or sooner, at the pleasure 
 of the 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, 1862, 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 the 
 denominations of $500 and $1,000, in equal proportions. 
 
56 State Convention. [Feb., 
 
 2. Be it further ordained, That all taxes due to the State 
 or to counties, and for school purposes, or taxes for the poor, 
 and all payments for entries of public lands, and all other dues 
 to the State, and all fines and forfeitures for the use of the 
 State or counties, shall be paid in Treasury notes of the State 
 or of the Confederate States, or in the notes of such of the 
 solvent banks of this State as shall receive and continue to 
 receive and pay out as money at par the Treasury notes of this 
 State, or in gold or silver coin ; and it shall be 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 be law- 
 ful for any Sheriff or collector to receive taxes in any other 
 funds than as directed by the Treasurer under this ordinance. 
 
 3. Be it further ordained, That all the Treasury notes 
 funded in bonds, or paid into the Treasury for taxes or other 
 public dues, may be re-issued in payment of the debts of the 
 State, or in exchange for six per cent, bonds of the State, on 
 application of the holder at any time before the notes fall due : 
 Provided, That the Treasury notes issued to pay the Confede- 
 rate 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 those refunded in bonds, from time to 
 time, and the date of such transaction, 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 interest due at the time of delivery. 
 
 4. Be it further ordained, That as the exigencies of the 
 public service may, in the opinion of the Governor, require 
 before the first day of January, 1863, the Public Treasurer is 
 authorized and required to issue other Treasury notes as afore- 
 said, not exceeding, in amount, the further sum of fifteen hun- 
 dred thousand dollars, and that the said notes shall be prepared, 
 signed and issued as in the said ordinance, ratified on the first 
 day of December, 1861. 
 
 /\ 
 
18G2.] State Convention. 57 
 
 * 5. Be it further ordained, That the aggregate amount of 
 said Treasury notes outstanding at any one time, and of the 
 bonds given in exchange for or discharge of Treasury notes as 
 aforesaid, shall not exceed the amount of such notes authorized 
 by law heretofore, or in this ordinance ( 
 
 6. Be it further ordained, That it shall be the duty of the 
 Treasurer, as soon as convenient, to issue Treasury notes of 
 the denominations of five, ten and twenty dollars in equal 
 amounts, instead of, and to exchange for, any of the Treasury 
 notes heretofore issued, not bearing interest, of the denomina- 
 tions of fifty and one hundred dollars, on the application of 
 the holders of said notes, and when so taken up or exchanged, 
 the said notes of fifty and one hundred dollars shall be cancel- 
 led, and the same shall bo noted by the Treasurer on his books 
 and on the books of the Comptroller. 
 
 7. Be it further ordained, That if any one shall falsely 
 forge, or knowingly pass, or offer to pass, any false, forged, or 
 counterfeited paper, purporting to be a Treasurer note or bond 
 of this State, he shall be liable to indictment in the Superior 
 Courts in the county in which such offence may be committed, 
 ami on conviction thereof, shall suffer all the pains and penal- 
 ties, according to the 59th section of the 34th chapter of the 
 Revised Code. 
 
 8. Be it further ordained, That in addition to the Treasury 
 notes heretofore ordered to be issued, it shall be the duty of 
 the Treasurer to issue one million of dollars, in small denomi- 
 nations, to-wit : four hundred thousand dollars in the denomi- 
 nation of two dollars, four 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 receiv- 
 
58 State Convention. [Feb., 1862. 
 
 able in payment of taxes or other public clues: and he shall 
 keep an accurate 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 Treas- 
 ury notes of this State, as contemplated in the second section 
 of this ordinance, shall be required to receive, or have on hand 
 at any one time, more than two-fifths of the capital stock of 
 Mich bank in said notes. 
 
 10. Be it further ordained. That BO much of the act of the 
 General Assembly, entitled "An act to provide ways and 
 means for the defence of the State," ratified September 18th, 
 1861, as authorizes the issue of one million dollars of the 
 denominations of two dollars, one dollar, fifty cents, twenty- 
 five cents, twenty cents, ten cents and five cents, and also the 
 ordinance of the Convention, ratified December 1, 1861, di- 
 recting the issue of three millions of dollars of Treasury notes, 
 and the ordinance to provide for the assumption and payment 
 of the Confederate tax, as veil as all the issues of Treasury 
 notes and bonds under said ad and ordinances, are hereby rati- 
 fied and confirmed. 
 
 11. Be it further vrduiued. That in the event of the ina- 
 bility of the Public Treasurer or Comptroller to sign the 
 Treasury notes authorized by law to be issued as speedily as 
 the demands on the Treasury may require, then it shall be 
 lawful for either of them to employ some discreet person, by 
 and with the advice and consent of the Governor, to sign and 
 countersign the said notes, whose names shall be published in 
 the newspapers in the city of Raleigh. 
 
 12. Be it further ordained, That this ordinance may be re- 
 pealed or modified by the General Assembly, but so as not to 
 affect any transactions had or rights vested under the same, 
 previous to such modification or repeal. 
 
 Read three times and ratified in open Convention the 26th 
 
 day of February, A. D., 1862. 
 
 W. N. EDWARDS, 
 Teste : Pres. of Convention. 
 
 Walter L. Steele, Secretary, 
 
 L. C. Edwards, Ass't Secretary. 
 
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