,♦ 
 
 
PERKINS LIBRARY 
 
 Dolce Univeraitj 
 
 Kare Dooka 
 
 Uecti' 
 
 Oh 
 
 OCK 1 
 
 TKINITY COLLEGE LIBRARY 
 
 DURHAM, N. C. 
 1903 
 
 )M 
 
 Gift of Dr. and Mrs. Dred Peacock 
 
# 
 
.loriiNAL 
 
 OF 
 
 THE CONVENTTON 
 
 J- 
 
 OY Till-: PKOVM-: ni 
 
 NORTH CAItOIJ.XA 
 
 HELJj <»\ 
 
 THE 20th day OF MAY. A. U 1 80 
 
 iTt ^^ 
 
 er 
 
 •>. RALEKi 11 : 
 
 ^ J>TO. W. SYME, PRINTER TO THE CONVENTIOX.- 
 
 1862. 
 

 
 A * 
 
.1 11 R N A T. 
 
 
 OF Tirt: 
 
 STATE CON \ ENTION 
 
 Bv virtue of' an Act of the Gcncnil Assembly, rutiiicd on 
 the first day of May, A. D., 1861, the following delegates fruui 
 tlic aeveral counties within this State, met in Convcutiou, in 
 the Hall of the House of Connuons, in the citv of Raleidt, at 
 11 o'clock, A. M., on the 20th day of May, in the year afore- 
 said, produced their credentials, and entered upon the discharge 
 of their duties : 
 
 From the 
 
 County of 
 
 Alamance. 
 
 Thomas Ruffin. 
 
 Alexander, 
 
 A. C. Stewart. 
 
 Ashe, 
 
 Joel E. Foster. 
 
 Anson, 
 
 Albert Myers. 
 
 Beaufort, 
 
 W. J. Ellison, E. J. Warren. 
 
 Bertie, 
 
 S. B. Spruill. 
 
 Bladen, 
 
 Thomas D. McDowell. 
 
 Brunswick, 
 
 Thomas D. Mearcs. 
 
 Buncombe, 
 
 N. W. WoodHn. 
 
 Burke, 
 
 J no. C. McDowell. 
 
 Cabarrus, 
 
 Caleb Phifer. 
 
 Caldwell, 
 
 Edmund W. Jones. 
 
 (jamden, * 
 
 Dennis D. Ferebee. 
 
 Carteret, 
 
 Charles R. Thomas. 
 
 Ca.swell, 
 
 Bedford Brown. John A. Grave; 
 
 ■2.^1^^ 
 
JOITRNAL OF THE 
 
 [May 20, 
 
 CataAvba, 
 
 Chatham, , 
 
 Cherokee, 
 
 Cleavchiurl, 
 
 Cohunbut?, 
 
 Craven, 
 
 Cumberland. 
 
 Currituck, 
 
 Davidson, 
 
 Davie, 
 
 Du[diii, 
 
 Edgecombe, 
 
 Forsythe, 
 
 Franklin. 
 
 Gaston, 
 
 iljrates, 
 
 Granville, 
 
 Greene. 
 
 Guilford. 
 
 Ila1ita.x. 
 
 Harnett, 
 
 Hayvrood, 
 
 Henderi^on, 
 
 Hertford, 
 
 Hyde, 
 
 Iredell. 
 
 Johnston, 
 
 Jones. 
 
 Lenoir. 
 
 Lincoln, 
 
 Macon, 
 
 Madison, 
 
 Martin, 
 
 McJ)o\vell, 
 
 Mecklenburg, 
 
 Montgomery, 
 
 Moore, 
 
 P. C. Henkel. 
 
 J. H. Headen, J. Manning, Jr., L. L Merritt. 
 
 Allen T. Davidson. 
 
 W. J. T. Miller, J. W. Tracy. 
 
 Ivichard Wootcn. 
 
 George Green, John D. Whitford. 
 
 David McNeill, Warren Winslow. 
 
 Henry M. Shaw," 
 
 B. C. Douthitt, B. A. Kittrell. 
 Robert Sprouse. 
 
 Wm. J. Houston, Joseph T. Rhodes. 
 
 AVilliam S. Battle, George Howard, Jr. 
 
 llufus L. Patterson, Thomas J. Wilson. 
 
 Archibald D. Williams. 
 
 Sidney X. Johnston. 
 
 Alfred J. Watson. 
 
 T. L. Hargrove, A. W. Venable, S. S. Royster, 
 
 AVilliam A. Darden, Jr. 
 
 •lohn A. Gilmer, Robert P. Dick. 
 
 Richard H. Smith, Charles J. Gee. 
 
 Archibald S. McNeill. 
 
 William Hicks. 
 
 William M. Shipp. 
 
 Kenneth Rayner. 
 
 Edward L. Mann. » 
 
 Anderson Mitchell, Thomas A. Allison. 
 
 Claudius B. Sanders, William A. Smith. 
 
 AVilliam Foy. 
 
 John C. Washington. 
 
 William Lander. 
 
 C. D. Smith. 
 Joseph A. McDowell, 
 Asa Biggs. 
 
 flames H. Greenlee. 
 
 AVilliam Johnston, James AV. Osborne. 
 
 Samuel H. Christian. 
 
 Hector Turner. 
 
1861.] 
 
 STA.TE. CONmNTIOy. 
 
 Nash, Archibald II. .Vniiigton. 
 
 New Hanover, William S. Ashe, Robert II. CoWan. 
 
 Northaiupton, David A. Barnes, John M. Moody. 
 
 Onslow, Edward W. Ward. 
 
 Orange, William A. Graham, John Berry. 
 
 Pasquotank, Kufus K. Speed. 
 
 Perquimans, Joseph S. Cannon. 
 
 Person, John W. Cunningham. 
 
 Pitt, Bryan Grimes, F. B. Satterthwaite. 
 
 Ilandolpli, William J. Long. Alfred G. Foster. 
 
 Richmond, ^Valtcr F. Leak. 
 
 Ilobeson, John P. Fuller, John 0. Sutherland. 
 
 Rockingham. David S. Reid, Edward T. Brodnax. 
 
 Rowan, Burton Craige. Hamilton C. Jones. 
 
 Rutherford. Jason H. Carson, Micajah Durham. 
 
 Sampson, Thomas Bunting, Robert A. Moselej. 
 
 Stanly. Ehen Hearnc. 
 
 Stokes, John Hill. 
 
 Surry, T. V. Hamlin. 
 
 Tyrrell. Eli Spruill. 
 
 Union, H. M. Houston. 
 
 Wake, Geo. E. Badger, K. P. ButiJe, W. VV. Holdcn. 
 
 Warren, Weldon N. Edwards, Fraiicis A. Thornton. 
 
 Washington, William S. Pettigrew. 
 
 Watauga, J. W. Councill. 
 
 Wayne, George V. Strong, E. A. Thompson. 
 
 Wilkes, .Tames Calloway, Peter Ellor. 
 
 Yadkin, R, F.Armfield. 
 
 Yancey, M, P, Penland. 
 
 A (.|UoruH) being jjvcsent, Mr. Leak nominaled for President. 
 Hon. Weldon N. Edwards, of AVarren. 
 
 Mr. Badger nominated Hon. W.M. A. Gkaham, of Orange. 
 
 Messrs. Woodfin, Speed and Amenable were requested to act 
 MS superintendents of the election. 
 
 Those who vot»Ml fur ^fr. Fdwni'ds werr. 
 
6 -TOURNAL OF THE [May 20, 
 
 Messrs. Arrington, Ashe, Battle of Edgecombe, Biggs, Brod- . 
 nax. Brown, Bunting, Carson, Cowan, Craige, Cimningham, 
 Darden, Durham, Foy, Fuller, Gee. Graves, Green, Greenlee, 
 Grimes, Hamlin, Haigrovc, Henkcl, Ilicks, Hill, Houston of 
 Duplin, Houston of Union, Howard, Johnston of Gaston, 
 Johnston of Mecklenburg, Lander, Leak, McDowell of Bladen, 
 McDowell of Burke, McDowell of Madison, McNeill of Cum- 
 berland, Meares, Miller, Moody, Moseley, Myers, Osborne, 
 Penland, Phifer, Rayner, Beid, Rhodes, Royster, Ruffin, Shaw, 
 Smith of Halifax, Stewart, Strong, Sutherland, ' Thompson, 
 Thornton, Tracy, Venable, Ward, Washington, Whitford, Wil- 
 liams, Winslow, Woodfin and Wooten — 65. 
 
 For Mr. Graham, 
 
 Messrs. Allison, Armfield, Badger, Barnes, Battle of Wake, 
 Berry, Bond, Calloway, Cannon, Christian, Councill, Davidson, 
 Dick, Douthitt, Eller, Ellison, Ferebee, Foster of Ashe, Foster 
 of Randolph, Gilmer, Hearne, Headen, Holden, Jones of 
 Caldwell, Jones of Rowan, Kittrell, Long, Mann, Manning, 
 McNeill of Harnett, Merritt, Mitchell, Patterson, Pcttigrcw, 
 Sanders, Satterthwaite, Shipp, Smith of Johnston, Smith of 
 Macon, Speed, Sprouse, Spruill of Bertie, Spruill of Tyrrel, 
 Thomas of Carteret, Turner, Walton, Warren and Wilson — 48. 
 ' The tellers reported that Hon. Weldon N. Edwards having 
 received a majority of the votes given, was duly elected Presi- 
 dent ; Avhereupon he was conducted to the Chair by Messrs. 
 Leak and Badger, and returned his thanks to the Convention 
 in an eloquent and patriotic address. 
 
 Mr. .Badger presented a paper for the consideration of the 
 Convention, the reading of which was postponed for the pur- 
 pose of completing the organisation of the Convention. 
 
 For Principal Secretary, Mr. Osborne nominated Walter 
 L. Steele, of Richmond County. 
 
 Mr. Battle, of Wake, nominated .James H. Moore, of Guil- 
 ford County. 
 
 The President appoijited Messrs. Thompson and Winslow to 
 superintend the election. 
 
 The who voted for Mr. Steele were. 
 
Mr. President and Messrs. Allison, Arrington, Ashe, JJarnes. 
 Battle of EdgecoiTlbc, Biggs, Brodnax, Bond, Bro-\vn, Bunting,. 
 Carson, Christian, jOoiincill, CoAvan, Craige, Cnnningham, Dar- 
 den, Durham, PVreliee, Foster of Randolph, Foy, Fuller, Gee. 
 Graves, Green. Greenlee, Grimes, Hamlin, Hargrove, Ilearne. 
 Ileaden, Hcnkel, Ilicks, Hill. Houston of Duplin, Houston of 
 Union, Howard, Johnston of Gaston, J«dinston of Mecklenburg. 
 Jones of Caldwell, Jones of Rowan, Lander, Leak, LoTig. 
 Manning, McDoAvell ofBhulon, McDowell of Burke, McDowell of 
 i\Iadison, McNeill of Harnett, Meares, Merritt. :Mi11cr, Mitchell. 
 Moody, Moselej, Myers, Osborne, Patterson, Penland, Petti - 
 grew, Phifer, Rayner, Reid, Rhodes, Royster, Ruflin", Sanders. 
 Satterthwaite, Shaw, Shipp, Smith of Halifax, Smith of Macon. 
 Smith of John.ston, Speed. Spruill of Bertie, Spruill of Tyrrel, 
 Stewart, Strong, Sutherland, Thomas of Carteret, Thompson. 
 Thornton, Tracy, Turner, Venable, Walton, Ward, AVarren, 
 Washington, Whitford. Williams. WInslo\\- Wnodfin and 
 Wooten — 96. 
 
 For Ml". Mooic. 
 
 Messrs. Armfield, Badger, Battle of Wake, Berry. Calloway. 
 Cannon, Davidson. Dick, Douthitt, Eller, Ellison, Foster of 
 Aslre, Gilmer, Graham, Holden, Kittrcll, Mann, Sprousc and 
 Wilson— H». 
 
 Mr. Thompson, from the Committee, reported that Waiicr 
 L. Steele having received a mitjority of the votes given, vras dul v 
 elected Principal Secretary of the Convention, in which i-epori 
 the Convention concurred. 
 
 For Assistant Secretary, Mr. Barnes nominated Leonid,-\.s 
 0. Edwaki),-^, of Granville. 
 
 Mr. Miller nominated JuNiUt; A. Fox, of Mecklenbur>^ 
 
 Mr. Reid nominated Joseph A. Engelhard, of Edgecombe, 
 
 Mr. Venable nominated Samuel A. AVilliams, of Granville. 
 
 Messrs. Barnes and JMiller were appointed a Committee to 
 to superintend the election. 
 
 Those who voted for Mr. Edwards were, 
 
 Messrs. Allison, Arndield, Badger, Barnes, Battle of Wake, 
 Berry, Bund. Biodanx, Brown Cdiiiou, Cui-iou. CIoiTiin. 
 
8 .KU'HNAI- oK THP. [Mav :iO. 
 
 (Jow.'in, Diividsoii. Dick, Duuthilt, HllisuM. Kei'ebee, Foster of 
 Kandolph, Foy. Fuller, (Tilmpr, Grabum, (xraves, Greenlee, 
 Hearne, Henden, Holden, Joiie?< of* Rowan, Kittrell, Leak. 
 Lon», Mann, Manninir, MeMeill of Oimiberland, McNeill of 
 Harnett, Mitchell, Myers, Pettigrew, Pliifer, Rhodes, Ruffin, 
 Sanders, Satterthwaite, Shipp, Smith of Macon, Speed, Sprouse, 
 Spniill of Bertie, Spruill of Tyrrell, Sutherland, Thomas of 
 Carteret, Watson, Warren, Washington, Whitford and Wil- 
 son— 58. 
 
 Foi- Ml'. Fingelhard, 
 
 Messrs. Ashe, Battle of Edgecombe, Biggs, Bunting, Callo- 
 way, Counclll, Cunningham, Darden, Eller, Foster of Ashe, 
 ■Grimes, Henkel, Hicks, Houston of Duplin, TIowar<l, Jones of 
 Caldwell, McDowell of Bladen, McDowell of Madison, Merritt, 
 Moseley, Patterson, Penland, Reid, Shaw, Smith of Halifax, 
 Strong, Thf»mpson. Tui-ner, Waid. Winslow, Woodfin and 
 \Ynoten— 83. 
 
 For Mr. Fox, 
 
 Mr, President and Messrs. Craige, Durham, Houston of 
 Union, Johnston of Gaston, Johnston of Mecklenburg, Lander, 
 McDowell of Burke, Miller, Osborne, Rayner and Tracy — 12. 
 
 For Mr. Williams, 
 
 Messrs. Arrington, Gee, Hargrove, Hamlin, Moody, Royster, 
 Smith of .lobnston, SteAvart, Thornton, A^^nable and Wil- 
 I'uims — 11. 
 
 Mr. Bai-nes, fioni the Committee, reported that L. C. Ed- 
 wards, having received a majority of the votes given, was duly 
 elected Assistant Sjecretary, in which report the Convention 
 concurred, 
 
 Mr. Biggs offered the following: 
 
 Hfisofved, That James Page, of Randolph, be appointed 
 Principal, and AYm. R. Lovell, of Surry, Assistant Doorkeeper 
 of this Convention. 
 
 Mr. Meares moved to amend by adding the name of John (J. 
 Moore, of Wake, as second Assistant Doorkeeper, which was 
 agreed to, and the resolution, as amended, was adopted. 
 
18fil.] STATE CONVENTION. 9 
 
 Al tlie suggestion o\' Mr. \ enable, prayer was ortfrcil l»v 
 Rev. J. W. Tucker, of the iM. E. Church South. 
 
 Th^ President laid before the Convention the following coni- 
 niunicatioii from Hon. Frnnklin .1. Moses. Commissioner from 
 the State of South Carolina : 
 
 Raleigh. N. C, May 20th. 1861. 
 To tJir 71onorahh\ the President nnd Memhe.r» 
 
 of the Cmit^cnf/on of the. State of North Varolina : 
 Gentlemen: I have the honor to inform yon that I have 
 been appointed by the State of South Carolina, Commissioner 
 to lay before your body the Ordinance whereby the said State 
 seceded fmui the Federal I'nion, known as the United States 
 of America, and respectfully to invito your co-operation in the 
 formation of a Southern Confederacy. 
 
 AVitli tiiuch respect, yours, 
 
 FRANKLIN .1. MIOSES. 
 
 -THE STATE OF SOUTH CAROLINA. 
 
 At a Convention of the people of the State of South Caro- 
 lina, begun and holden at Columbia, on the seventeenth day ol" 
 December, in the year of Our Lord, one thousand eight hun- 
 dred and sixty, and thence continued by adjournment to 
 Charleston, and there by divers adjournments, to the 20th dav 
 
 of December, in the same year : 
 
 « 
 
 ••Ax Ordinance to dissolve the Union between the Stati: 
 OF South Carolina and other States vnited with her 
 
 UNDER the compact ENTITLED "• The CONSTITUTION OF THU 
 
 United States op America.' 
 
 " We, the people of the State of South Carolina, in Conven- 
 tion assembled, do declare and ordain, and it is hereby declared 
 and ordained, That the Ordinance adopted by us in Conven- 
 tion on the twenty-third day of May, in the year of Our Loid, 
 one thousand seven hundred and eighty-eight, whereby the 
 Constitution of the United Stales of America was ratified, and, 
 also, all acts and parts of acts of the General Assembly of 
 this tState, ratifying amendments of said Constitution, are 
 
K.I .JOlKNAl. OF TIIK [May I'O. 
 
 liereby repealed, and that tlie Union now subsisting between 
 South Carolina and other States, under the name oi" -'The 
 Tnited States of America,'-' is hereby dissolved. 
 
 Done at Charleston on the 20th day of Decem))er, in the 
 year of our Lord, one thousand eight hundred and sixty. ' 
 [Signed,] D. F. JAMISON, 
 
 Deh'ffati' for Barnwell, and President 
 
 of the Convention, and stigned by 
 Attest : the memher». of the Convention. 
 
 [Signed,] 
 B. F. Arthur, Clerk of the Convention. 
 
 Messrs. Ruffin and Venable were appointed a Committee to 
 invite the Commissioner into the Convention. Hon. Mr. Moses 
 then appeared, was introduced by the President, and proceeded 
 to the discharge of the mission with wliii-h he was intrusted l»y 
 the State of South Carolina. 
 
 Mr. Venable introduced the following rcsoliuion, which was 
 agreed to : 
 
 Resolved, That the Clergy of the city of Raleigh be invited lo 
 attend, under such arrangement as they make among them- 
 selves, the sessions of this Convention, and open the delibera- 
 tions of the same with prayer to Almighty God for his guidance 
 and protection. 
 
 The paper heretofore presented by Mr. Badger Avas iht-n 
 read as follows : 
 
 A2s Ordinance declaring the separation of North Cai;- 
 OLINA from the United States of America. 
 
 Whereas, Abraham Lincoln, of Illinois, and Hannibal 
 Hamlin, of Maine, were chosen President aTid Vice President 
 of the United States by a party in fact and avowedly entirely 
 sectional in its organization, and hostile in its declared princi- 
 ple? to the institutions of the Southern States of the Union, 
 and thereupon, certain Southern States did separate themselves 
 from the Union, and form another and independent government, 
 under the name of '* The Confederate States of America;" 
 and, ivhereas, the people of North Carolina, though jur>tly 
 
1861.] STATE COXVENTIO>'. 11 
 
 aggrieved hy the evident tendency of tliif cleciiuu. and of 
 these principles, did, nevertheless, abstain from adopting any 
 such measure of separation, and on the contrary, influenced 
 by an ardent attachment to the Union and Constitution which 
 their fathers liad transn)ittod to them, did remain in the said 
 Union, loyally discharging all their duties under the Constitu- 
 tion, in the hope that what was threatening in public aifaihs 
 might yield to the united efforts of patriotic men from every 
 part of the nation, and by these efforts such guarantees for 
 the security of our rights might be obtained as should restore 
 confidence, renew alienated ties, and finally rc-unitc all the 
 ?States in a common bond of fraternal Union ; meantime, chccr- 
 liilly and faithfully exerting whatever influence they possessed 
 for the accomplishment of this most desirable end ; and, wliereax, 
 things being in this condition, and the people of this State 
 indulging this hope, the said Abraham Lincoln, President of 
 the United States, did, on the sixteenth day of April, by his 
 proclamation, call upon the States of the Union to fui'nish 
 large bodies of troops to enable him, under the false pretense 
 of executing the laws, to march an army into the seceded 
 States with a view to their subjection under an arbitrary and 
 military authority, there being no law of Congress authori^ng 
 .■r-uch calling out of troops, and no constitutional right to use 
 them, if called out, for the purpose intended by him ; *and, 
 u'ftereaa, this call for troops has been answered throughout the 
 northern, northwestern and middle non-slaveholding States with 
 enthusiastic readiness, and it is evident from the tojie of the 
 entire press of those States, and the open avowal of their pub- 
 lic men, that it is the fixed purpose of the government and 
 people of those States to wage a cruel war against the seceded 
 States, to destroy utterly the fairest portion of this continent, 
 and reduce its inhabitants to absolute subjection and abject 
 slavery: -And. wha-eas, in aid of these detestable plans and 
 wicked measures, the said Lincoln, without any shadow of 
 rightful authority, and in plain violation of the Constitution 
 of the United States, has, by other proclamations, declared the 
 ports of North Carolina, as well as all the other Atlantic and 
 
12 JOURNAL or THE [^sIay 20, 
 
 Gulf States, under blockade: tliu? .-reiving Id cut nfi' our tv;idc 
 -ivith all parts of the world: 
 
 And, u'hereas, since his accession to power, the whole con- 
 duct of the said Lincoln has been marked by a succession of 
 false, disingenuous and treacherous acts and declarations, prov- 
 inff incontestibly that he is, at least in his dealings with {^outh- 
 eni States and Southern men, void of faith and honor : 
 
 And, zvJiereas, he is now governing by military rule alone, 
 enlarging by new enlistments of men, both the military and 
 naval force, without any authority of law, having set aside all 
 constitutional and legal restraints, and made all constitutional 
 and legal rights dependent upon his mere pleasure, and that of 
 his military subordinates; and, 9vhereas, all his unconstitutional, 
 illegal and oppressive acts, all his wicked and diabolical pur- 
 poses, and, in his present position of usurper and military 
 dictator, he has been and is encouraged and supported by the 
 great body of the people of the non-slaveholding States : 
 
 Therefore, this Convention, now here assembled, in the name 
 and with the sovereign power of the people of North Carolina, 
 doth, for the reasons aforesaid, and others, and in order to pi'c- 
 serye the undoubted rights and liberties of the said people, 
 hereby declare all connection of government between this 
 State and the United States of America dissolved and abro- 
 gated, and this State to be a free, sovereign and independent 
 State, owing no subordination, obedience, support or other duty 
 to the said United States, their Constitution or authoi-ities, 
 anything in her ratification of said Constitution, or of any 
 amendment oi- amendments thereto to the contrary notwith- 
 standing; and having full power to levy war, conclude peace, 
 contract alliances, and to do all other acts and things which 
 independent States may of right do : and appealing to the 
 Supreme Governor of the world for the justice of our cause, 
 and beseeching Him for his gracious help and blessing, we Avill. 
 to the uttermost of our power, and to the last extremity, main- 
 tain, defend and uphold this declaration."" 
 
 Mr. Craige oftVred the following as a substitute, for tlic torc- 
 Uoing : 
 
1861.] STATE CONVEXTION. IS 
 
 "Ax OlUHXANCE DI.«S0LV1N(; THE UxiON BETWEEN THE STATE 
 
 OK North (\\1!oli\a and the other States united with 
 
 HER UNDER THE COMPACT OF GOVERNMENT, ENTITLED, "ThE 
 
 Constitution of the United States." 
 
 IfV, the people of the State of North Carolina in Convailivn 
 HKiiembled, do declare and ordain, and it is hereOt/ declared and 
 ordained, That the ordinance adopted by tlio State of North 
 Carolina in the Convention of 1780, whereby the Constitution 
 of tlie United States was ratified and adopted ; and also all 
 •.u-{^ and parts of acts of the General Assembly, ratifying and 
 adopting amendments to the said Constitution, are hereby 
 repealed, rescinded and abrogated. 
 
 We do further declare and ordain, That the Union now sul.- 
 sisting between the State of North Carolina and the other 
 States, under the title of "The United States of America." is 
 hereby dissolved, and that the State of North Carolina is in 
 full possession and exercise of all those rights of sovereigntv 
 which belong and appertain t<. ;, fV<-c :ind independent State. 
 
 -Mr. Barnes moved thai tin- Convention sit with closed doors 
 which was not agreed to : Ayes FA, noes 50. 
 
 The question now being on the substitute offered l)v Mr. 
 Craige. 
 
 Mr. Ruflin moved iliut the subject lie on the table Avith ;i 
 view to the appointment of a committee to prepare and report 
 an ordinance of separation, which was not concuncd in: Ayes 
 44, noes 40. 
 
 The question recmring on the motion of .Mr. Crai«re, 
 
 Mr. Ferebee asked that the question be divided, so that the 
 vote should first be taken on striking out. It was so ordered, 
 and the question being put, '• Wilt the Convention agree to 
 strike out "r" it was determined in the affirmative, on a call of 
 the yeas and nays, pn motion of Mr. Bi<-'.i-s. 
 
 Those voting in the affirmative were, 
 
 Mr. President and Messrs. Arringfon. Ashe. Battle. ,,f 
 Edgecombe, Biggs, Brodnax, Brown, Bunting, Carson, Cowan, 
 (■raige, Cunningham, Darden, Durham, Ellison, Eosiei- ..f 
 Ashe, Fuller, Gee, Graves, Green, Greenlee, Grimes, Hamlin. 
 
14 JOCRXAL OF THE ^ [May 20, 
 
 Iluigiove. llt.'anie, llenkel, Hicks, Ilil], lluiisluii. nf jJuplin, 
 Housloii, of Union, lIoAvard, Johnston, of (ja.ston. Johnston, 
 of Mecklenburg, Lander, Leak, McDowell, of Bladen, McDow- 
 ell, of Burke, McDowell, of Madison, McNeill, of Cumberland, 
 McNeill, of Harnett, Meares, Miller, Moody, Moseley, Myers, 
 Osborne, Patterson, Penland, Phifer, Rayncr, Pieid, Rhodes, 
 Roystcr, Ruffin, ShaAv, Shipp, Smith, of Halifax, Stewart, 
 Strong, Sutherland, Thompson, Thornton, Traccy, Turner, 
 Ycnable, AVard, AYarren, Washington, Williams, Winslow, 
 Woodfin and Wootcn — 72. 
 
 In the negative, 
 
 Messrs. Atkinson, Arinficid, iiadgcr, Barnes, Rattle, of 
 Wake, Berry, Bond, Calloway, Cannon, Christian, Councill, 
 Davidson, Dick, Douthitt, Eller, Ferebee, Foster, of Randolph, 
 Gilmer, Graham. Headen, Holdcn, eJones, of Caldwell, Jones, 
 of Rowan, Kittrell, Long, Mann, Manning, Merritt, Mitchell, 
 Pettigrew, Sanders, Satterthwaite, Smith, of Johnston, Speed, 
 Sprouse, Spruill, of Bertie, Spruill, of Tyrrell, Thomas, Wal- 
 ton and Wilson -40. 
 
 So the Convention agreed to strike out. 
 
 AYilliam H. Thomas, Delegate from Jackson county, pre- 
 sented his credentials and took his seat in the Convention. 
 
 The (juestion recurring upon the insertion of the amend- 
 ment of Mr. Craige, 
 
 Mr. Ruffin moved to amend the same so that it should read 
 as .follows : " Wc, the people of the State of North Carolina in 
 Convention assembled, do declare and ordain, that the Union 
 now -subsisting between the State of North Carolina and the 
 other States, under the title of " The Ignited States of Amer- 
 ica," is hereby dissolved, and that the State of North Carolina 
 is in full possession and exercise of all those rights of sover- 
 eignty which belong and appertain to a free and independent 
 State." 
 
 Upon this question the yeas and nays were ordered, on motion 
 of Mr. Ashe, and resulted as follows : 
 
 Yeas — Messrs. Allison, Armfield, Barnes, Battle of Wake, 
 Berry, Bond, Brodnax, Calloway, Cannon, Christian, Davidson, 
 
18*>1.] STATK CONVEXTTOX. I.- 
 
 Dick. Doutliit, Ellor. Ellison, Fcrebee, Foster of Ivandolph. 
 (lilmer, Graham, Iloarne, I leaden, Holdeu, Jones of Caldwell, 
 Jones of Rowan, Kittrell, Long, Mann, Manning, Movritt. 
 Mitchell, Patterson, Pettigrew, Sanders, Satterthwaite, Sliipp. 
 Smith of Johnston, Smith of Macon, Speed, Sprouse, Spruill of 
 Bertie, Spruill of Tyrrell, Thoma.i of Carteret, Walton, Wa>Ii- 
 ington, Warren, AVhitford and Wilson — UK 
 
 Nays — Mr. ['resident and Messrs, Arrington, Ashe, Battle ol 
 Edgecombe, Biggs, Bro\Yn, Bunting, Carson, Councill, Cowan. 
 Craige, Cunningham, Darden, Durham, Foster of Ashe, Foy, 
 Fuller, Gee, Graves, Green, Greenlee, Grimes, Hamlin, Har- 
 grove, Hicks, Hill, Houston of Duplin, Houston of Union, 
 Howard, Johnston of Gaston, Johnston of Mecklenburg, Lan- 
 der, Leak, McDowell of Bladen, McDowell of Burke, McDowell 
 of Madison, McNeill of Cumberland, McNeill of Harnett, 
 Mearcs, Miller, Moody, Moselo}', Myers, Osborne, Penland, 
 Phifer, Rayner. Beid, Rhodes, Koyster, Shaw, Smith of Halfax, 
 Stewart, Strong, Sutherland, Thomas of Jackson. Tiiompson, 
 Thornton, Tracy, Turner, A' enable. Wuril. Williams. Win<;1o\v. 
 Woodfm and Wooten — 60. 
 
 So the amendment <lid not prevail. 
 
 The amendment of Mr. Craige was adopted, and the question 
 recurring on the passage of the Ordinancf*, it was unanimouslv 
 agreed to, as follows : 
 
 Ayes — Mr. President and ]\[cssrs. Allison, Armfiold, Arring- 
 ton, Ashe, Barnes, Battle of Edgecombe, Battle of Wake, Berrv, 
 Biggs, Bond, Brodnax, Brown, Bunting, Calloway, Cannon, 
 Carson, Christian, Cuwan, Councill, Craige, Cunningham, Dar- 
 den, Davidson, Dick, Douthitt, Durham, Eller, Ellison, Ferebee. 
 Foster of Ashe, Foster of Randolph, Foy, Fuller, Gee, Gilmer, 
 Graham, Graves, Green, Greenlee, Grimes, Hamlin, Hargrove, 
 Hearne, Headen, Hicks, Holden, Hill, Houston of Duplin, 
 Houston of Union, Howard, Johnston of Gaston, Johnston of 
 Mecklenburg, Jones of Caldwell, Jones of Rowan, Kittrell, 
 Lander, Leak, Long, Mann, Manning, McDowell of Bladen, 
 McDowell of Burke, McDowell of Madison, McNeill of Cum- 
 berland, McXeiU of Harnett, Meares, Merritt, Miller, Mitchell, 
 
STATE rO^'VKNTloN. [M.w 
 
 •>ii 
 
 jMoody, Moseley, Myers, Osborne, Patterson, Penlanil, Petti- 
 grew, Phifer, Rayner, Rhodes, Reid, Royster, Ruffin, Sanders. 
 Satterthwalte, SliaAv, Shipp. Smith of Hahfax, Smitli of .John- 
 ston, Smith of Macon, Speed, Sprouse, Spruill of Bertie, Spruill 
 of Tyrrell, Sutherland. Stewart, Strong, Thomas of Carteret, 
 Thomas of Jackson, Thompson, Thornton, Tracy, Turner, Amen- 
 able, AValton, Ward, Warren, Washington, Whitford, Williams. 
 Wilson, Winslow, Woodfin and Wooten — 115. 
 
 Mr. Rayner moved that the Ordinance be enrolled upon parcli- 
 ment and signed in open session on to-morrow at 12 o'clock, M. 
 
 Mr. Barnes moved to amend by the appointment of a Com- 
 mittee of five to prepare the parchment and make arrangements 
 as to the time when the signatures of the members should be 
 aflixed ; and that the committee give due notice thereof, so that 
 the solemn and important ceremony could be Avitnessed by the 
 people of the State : and it was agreed to. 
 
 The President appointed on the committee Messrs. Barnes, 
 Rayner, A'^enable, Ruffin and Craige. 
 
 Mr. Howard gave notice that the seat of Mr. Gee of Halifax, 
 Avould be contested by L. AV. Batchelor, and he then presented 
 some papers relating to the contest. 
 
 Air. Smith, of Halifax, moved tlie appointment of a commit- 
 Ifi- on election, which was agree<l to, and the President nn- 
 nounoed that the following delegates constitute said committee: 
 Messrs. Howard, Thornton, Barnes, Battle of "W^ake, and 
 Biggs. 
 
 On motion of Mr. Keid, a committee on Rules was appointed, 
 with instructions to report as eatly as possible ; and Alessrs. 
 Reid, Graham, Meares, Gilmer and Biggs were appointed to 
 constitute the same. 
 
 Air. Whitford introduced the following ordinance, which, on 
 his motion, was referred to a select committee of seven : 
 
 Bi' it ordained, That the flag of this State shall be a IjIuo 
 field with a white V thereon, and a star, incircling which sluill 
 be the words, '•'.san/it asfrurn, May 20th, 1775." 
 
 My. Aleares inti-oducod the followino- : 
 
1861.] JOURNAL OF THE 17 
 
 An Ordinance to ratify the Constitution op the Pro- 
 visional Government of the Confederates States of 
 America. 
 
 We, the i>€^pl^ of ^orth Carolina in. Convention assembled, 
 do declare and ordain, and it is hereby declared and ordained, 
 That the State of North Carolina, does hereby assent to and 
 ratify the Constitution of the Provisional Government of the 
 Confederate States of America, adopted at Montgomery, in the 
 State of Alabama, on tlie eighth day of February, A. D., 
 1861, by the Convention of delegates from the States of South 
 Carolina, Georgia, Florida, Alabama, Mississippi and Louisiana^ 
 and that North Carolina will enter into the Federal Association 
 of States upon the terms therein proposed, when admitted by 
 the Congress, or any competent authority of the Confederate 
 States. 
 
 Done at Raleigh, on the twentieth day of May, in the year 
 of our Lord, one thousand eight hundred and sixty-one. 
 
 Mr. Graham moved that the Convention do now adjourn, 
 which was not agreed to : Ayes 39, noes 64. 
 
 Mr. Dick offered the following amendment to the ordinance of 
 Mr. Meares : "And this ordinance to be in full force and effect 
 when ratified by the legal voters of this State, at an election to 
 be held ; the day and manner of holding said election to be 
 fixed and provided for by this Convention." 
 
 On this question the ayes and noes were ordered, on motion of 
 Mr. Diek, and resulted as follows : 
 
 Ayes — Messrs. Allison, Armfield, Berry, Bond, Calloway, 
 Cannon, Council], Davidson, Dick, Douthitt, Eller, Ellison, Fere- 
 bee, Foster of Randolph, Gilmer, Graham, Headen, Jones of 
 Caldwell, KittrcU, Long, Mann, Manning, Merritt,* Mitchell, 
 Sanders, Smith of Johnston, Smith of Macon, Speed, Sprouse, 
 Spruill of Bertie, Thomas of Carteret, Warren, Woodfin and 
 AVilson— 34. 
 
 Noes — Mr. President, and Messrs. Arrington, Ashe, Barnes, 
 Battle of Edgecombe, Biggs, Brodnax, Brown, Bunting, Carson, 
 
18 STATE CONVENTION. . [May 20, 
 
 Cowan, Craige, Cminingliara, Darden, Durham, Foster of Ashe.. 
 Foy, Fuller, Gee, Graves, Green, Greenlee, Hamlin, Hargrove, 
 Henkel, Hicks, Hill, Houston of Duplin, Houston of Union, 
 Howard, Johnston of Gaston, Johnston of Mecklenburg, Lan- 
 der, Leak, McDo\yc11 of Bladen, McDowell of Burke, McDowell 
 of Madison, McNeill of Cumberland, McNeill of Harnett, 
 Meares, Miller, Moody, Moseley, Myers, Osborne, Penland. 
 Pettigrew, Rayner, Ueid, Rhodes, Royster, Ruffin, Satter- 
 thwaite, Shaw, Shipp, Smith of Halifax, Spruill of Tyrrell, 
 Stewart, Strong, Sutherland, Thomas of Jackson, Thompson, 
 Thornton, Tracy. Turner, Venable, Walton, Ward, Washington, 
 Whitford, Winslow and Wooten — 72. 
 
 So the amendment was not agreed to. 
 
 The question then recurring on the passage of the ordinance, 
 as introduced by Mr. Meares, it was agreed to unanimously. 
 
 Mr. Venable offered the following : 
 
 An Ordinance to ratify the Constitution of the Confed- 
 erate States of America. 
 
 We, the jJeople of North Carolina in Convention assemhled, 
 do declare and ordain, and it is hereby declared and ordained. 
 That the State of North Carolina does hereby assent to and 
 ratify the articles of compact called " The Constitution of the 
 Confederate States of America," adopted at Montgomery, in 
 the State of Alabama, on the eleventh day of March, A. D., 
 1861, by the Convention of Delegates of Alabama, Florida, 
 Georgia, Louisiana, Mississippi, South Carolina and Texas, and 
 does hereby agree to enter into a Federal association of States 
 upon the terms therein proposed. 
 
 Done at Raleigh, on the twentieth day of May, in the year 
 of our Lord, one thousand eight hundred and sixty-one. 
 
 And then, at half-past six o'clock, P. M., the ever memorable 
 twentieth day of May, the Convention adjourned until to- 
 morrow mornina: at 11 o'clock. 
 
1861.1 STATE CONVENTION. 19 
 
 IN CONVENTION, Tuesday, May 21, 18H1. 
 
 The Convention met pursuant to adjournment — the President 
 in the Chair. 
 
 By request, Rev. Chas. F. Deems, D. D., of M. E. Church, 
 youth, opened the session with prayer. 
 
 Ralph Gorrell, one of the delegates from Guilford, and Giles 
 Mebane, one of the delegates from Alamance, appeared, pro- 
 duced their credentials and took their seats. 
 
 The journal of yesterday was read and approved. 
 
 Mr. Mebane asked to have it stated on the journal that if he 
 had been present on yesterday, on the passage of the ordinance 
 of separation, he would have voted in the affirmative ; and it 
 was so ordered. 
 
 Mr. Reid, from the Committee on Rules, reported the follow- 
 ing, being the same as those adopted by the Convention of 
 1835, with certain amendments : 
 
 Rules for the Government of the Convention. 
 
 1. [Relates to opening sessions with prayer.] 
 
 2. When the President takes the chair, each member shall 
 take his seat, and on the appearance of a quorum, the journal 
 of the preceding day shall be read. 
 
 3. When any nieraber is about to speak in debate, or deliver 
 any matter to the Convention, he shall rise from his seat and 
 respectfully address himself to the President, and shall confine 
 himself to the (question under debate, and avoid personality. And 
 when two or more members happen to rise at once, the Presi- 
 dent shall name the one who is first to speak. No member 
 shall speak oftener than twice on the same question, without 
 leave of the Convention. And when any member is speaking, 
 he shall not be interrupted by any person, either by speaking 
 or by standing, or passing between him and the chair. 
 
 4. If any member, in speaking or otherwise, transgress the 
 rules of the Convention,- the President shall, or any member may 
 call him to order, in which case the member so called to order 
 shall immediately sit doAvn, unless permitted to explain, and the 
 Convention shallj if appealed to, decide on the case, but without 
 
20 .lOURNAL OF THE [May 21. 
 
 (k'bale. If there he no appcul, the decision of the chair ^hn\\ 
 be submitted to. If the decision be in favor of the member 
 called to order, he shall be at liberty to proceed ; if otherwise, 
 and the case require it, he shall be lialde to the censure of the 
 Convention. 
 
 5. If any member be called to order for words spoken, the 
 exceptionable words shall immediately be taken down in writing, 
 that the President may be better enabled to judge of the mutter. 
 
 6. When a (juestion is undi-r debate, no motion shall be 
 received to adjourn, to lie on the table, to postpone indefinitely, 
 to postpone to a day certain, to commit, or to amend ; which 
 several motions sliall have precedence in the order they stand 
 arranged, and the motion for adjournment shall always be in 
 order. 
 
 7. Whenever a question shall be divisible, upon motion, the 
 same shall be divided, and the <iue8tion shall be put upon the 
 several parts into which it is divided, according to the order in 
 which they arise, unless the decision of the one shall preclude 
 the other. 
 
 8. The President shall state the (juestiou sitting, but shall 
 put the same standing. Questions shall be distinctly put in 
 this form : As many as are of opinion that (as the case may 
 be) say oye ; and after the affirmative voice is expressed, as 
 many as are of a contrary (opinion say no. If the Prosi<lent 
 doubt as to the voice of a majority, or a ilivision of the ques- 
 tion be called for, the President shall call on those in the affir- 
 mative of the (juestion to rise from their seats ; and afterwar«ls 
 those in the negative. If the JVesident still doubt, or a count 
 be required, the President shall name two members, one from 
 each tide, to tell the number in the affirmative and negative ; 
 which being reported, he shall state the division to the Con- 
 vention, and announce its decision. No mendjcr who is without 
 the bar of the Convention when any question is put from the 
 Chair, shall enter his ai/e or nai/ without leave, unless he shall 
 have been absent on some committee or business of the Con- 
 vention, by leave of the same. 
 
1861.] STATE CONVENTION. 21 
 
 9. The yeas and nays of the members of the Convention, on 
 any question, shall, at the desire of one-fifth of those present, 
 be taken and entered on the journal of the Convention. 
 
 10. When any member shall make a motion which is not one 
 of course, he shall reduce to writing, if required. 
 
 I 11. In all cases, whether by ballot or otherwise, the Presi- 
 dent shall be entitled to a vote, and when the votes, affirmative.' 
 and negative, upon any question, shall be equal, the question 
 shall be lost. 
 
 12. When a question has been once decided, it shall be in 
 order for any member in the majority to move for a re-consid- 
 eration thereof, on the same or succeeding day. 
 
 13. After a proposition or ordinance has been once rc^jectcd 
 or postponed indefinitely, another of like provisions shall not 
 be intvoduced during the session of this Convention. 
 
 14. Every proposition to amend the Constitution of tlie 
 State, or ordinance proposed, shall be read three several times 
 and passed three several readings ; which readings shall be on 
 three several days, before it shall become the act or ordinance 
 of the Convention. The first reading shall be for information 
 only, and the proposition or proposed ordinance shall not then 
 be open to amend or debate ; and no question shall be put on 
 that reading, but the same shall, after being read, be declared 
 by the President to have passed its first reading. Upon the 
 second and third readings, the proposition or proposed ordi- 
 nance shall be open to amendment or debate. 
 
 15. The President shall designate who shall compose all 
 committees, except when otherwise ordered; and the commit- 
 tees of this Convention shall consist of five momliers, unless 
 the Convention shall otherwise determine, 
 
 16. When the Convention resolves itself into >k Committee 
 of the Whole, the President shall leave the chair and appoint a 
 chairman, and when, at any time, the President shall wish or 
 be disposed to leave the chair, he .^hiill have power to :i)i])oint 
 a President pro tem. 
 
 17. In case of any disturbance or disorTlerly conduct in the 
 gallery or lobby, the President or chairman of the Committee 
 
22 JOURNAL OF THE [May 21, 
 
 of the Whole Convention, shall have power to have the same 
 cleared. 
 
 18. No person shall come upon the floor where the Conven- 
 tion holds its sessions, during the session of the same, except 
 ministers of the gospel who have been invited by the Conven- 
 tion ; but the galleries are declared open for the accommodation 
 of all persons. 
 
 19. Any member dissatisfied with the decision of the Presi- 
 dent on any question of order, may appeal 'to the Convention. 
 
 20. When the Convention adjourns, the members shall keep 
 their scats until the President leaves the chair. - 
 
 21. Motions for adjournment and to lie on the tabic shall be 
 decided without debate. 
 
 22. All cases which may arise, not embraced within the fore- 
 going rules, shall be determined according to the parliamentary 
 usages, as laid down by Jeiferson in his Manual. 
 
 23. Tlie rules for the government of the Convention shall 
 not be amended or altered, without giving at least one days 
 notice of such amendment or alteration, except by the consent 
 of two-thirds of the members present. 
 
 Mr. Lander moved to amend the 14th rule by striking out of 
 ,vthe third and fourth lines, the words, "which readings shall be 
 on three several days," and it was not agreed to. 
 
 Mr. Ferebee moved the following as an additional rule, 
 which was agreed to: 
 
 " It shall be the duty of the President to invite the pastors 
 of the several churches in this city, under such arrangements 
 as they may make among themselves, to perform the service 
 of prayers at the opening of the daily sessions of the Conven- 
 tion." 
 
 The question then recurring on the adoption of the Rules, as 
 amended, they were agreed to, and ordered to be printed. 
 
 Mr. Leak offered the following resolutions, Avhich Avere unani- 
 mously adopted : 
 
 Resolved, That fliis Convention appreciates the spirit which 
 influenced the gallant State of South Carolina in sending a 
 
1861.] J5TATE CONVENTION. 28 
 
 Commissioner to this Body, and desires to express its gratula- 
 tion and pride in giving a response by its ordinance, which it 
 full well knows, will be received with a gratification only equalled 
 by the patriotic feeling with which it is expressed. 
 
 Resolved, That this Body takes pleasure in expressing its 
 high consideration of the distinguished gentleman, the Hon. 
 Franklin J. Moses, honored by his State with this high com- 
 mission, and begs leave to express its gratification at the energy 
 and ability with which he has executed the trust confided to him. 
 
 Mr. Howard, from the Committee on Elections, made a 
 report, accompanied with a resolution declaring L. W. Batche- 
 lor entitled to the seat now occupied by Charles J. Gee, as 
 delegate from the county of Halifax. 
 
 The President laid before the Convention the following letter 
 from the sitting mejuber : 
 
 Raleigh, N. C, 21st May, 1«C1. 
 Hon. Weldon N. Edwaiids, 
 
 President of the Convention : 
 
 Sir : Having been tendered a certificate of election as del- 
 egate from the county of Halifax, my convictions of duty were 
 clear that I ought to appear and take a seat as the represen- 
 tative of her people. An investigation having shown that a 
 sufficient number of persons, honestly mistaking their rights of 
 citizenship and suffrage, voted illegally for me, to reduce my 
 vote below that of another gentleman, wlio is in attendance 
 ready to represent the interest of the people of my county, 
 and being unwilling at any time to take advantage of any form 
 or ceremony, to thwart the will of \the people, I cheerfully 
 resign all claim to a seat, as a delegate in this Convention. 
 
 Respectfully, 
 
 CHARLES J. GEE. 
 
 The resolution of the committee was then adopted, and L. 
 AV. Batcheloj', the contestant, took his seat in the Convention. 
 
 Messrs. Badger, Batchelor and Gorrell severally asked and 
 obtained leave to have it recorded on the journal that if they 
 
24 JOURNAL OF THE [May 21, 
 
 had been present yesterday they woiihl have voted in favor of 
 the ordinance dissolving the Union then subsisting between the 
 State of North Carolina and the other States. 
 
 On motion of Mr. Howard, the Convention then proceeded 
 to the election of a printer to the body ; Messrs. Reid and Foy 
 superintending. 
 
 Mr. Reid nominated John Spelman. 
 
 Mr. Foy nominated Symc & Hall. 
 
 Mr. Badger nominated Frank I. Wilson. 
 
 Those who voted for Messrs. Syme k Hall Avere, 
 
 Mr. President, and Messrs. Ashe, Battle of Edgecombe, 
 Biggs, Bond, Brodnax, Brown, Bunting, Carson, Christian, 
 Cowan, Cunningham, Eller, Foster of Ashe, Foster of Ran- 
 dolph, Foy, Fuller, Grimes, Hargrove, Hearne, Henkel, Hicks, 
 Houston of Union, Howard, .Johnston of Mecklenburg, Jones 
 of Caldwell, Lander, Long, Mann, McDowell of Bladen, Meares, 
 Mebane, Mitchell, Mosely, Osborne, Patterson, Pettigrew, 
 Rhodes, Royster, Rufifin, Satterthwaite, Shaw, Sliipp, Smith of 
 Halifax, Smith of Johnston,- Stewart, Sutherland, Thornton, 
 Turner, Venable, Walton, Ward, Washington, Williams, Wins- 
 low and Wooten — 57. 
 
 For John Spelman, 
 
 Messrs. Arrington, Batchelor, Craigc, Dardcn, Durham, 
 Green, Greenlee, Hamlin, Hill, Houston of Duplin, Johnston 
 of Gaston, Leak, McDowell of Burke, McDowell of Madison, 
 McNeill of Cumberland, Miller, Moody, Penland, Phifer, Reid, 
 Strong, Thompson, Tracey and Woodfin — 25. 
 
 Por Frank I. Wilson, 
 
 Messrs. Allison, Armfield, Badger, Battle of Wake, Berry, 
 Calloway, Cannon, Councill, Davidson, Dick, Douthit, Ellison, 
 Gilmer, Gorrell, Graham, Headen, Hoi den, Kittrell, Manning, 
 McNeill of Harnett, Merritt, Myers, Sanders, Smith of Macon, 
 Sprouse, Spruill of Bertie, Spruill of Tyrell, Thomas of Car- 
 teret, Warren and Wilson— -30. 
 
 Mr. Foy, from the committee, reported that Messrs. Syme 
 & Hall, having received a majority of the votes given, were 
 duly elected, in which report the Convention concurred. 
 
1861.] STATE CONVENTION. 25 
 
 The Convention then resumed the unfinished business of 
 yesterday, it being the ordinance introduced by Mr. Venable, 
 to ratify the Constitution of the Confederate States of America. 
 
 After some time spent thereon. 
 
 On motion of Mr. Osborne, the whole subject was referred 
 to a select committee, with instructions to report the same at 
 as early a day at^ practicable. 
 
 The President announced the foUowins; as said commitfco : 
 Messrs. Venable, Ruffin, Badger, Barnes and Osborne. 
 
 Mr. Kittrell introduced an ordinance to repeal the first clause 
 of the third section of the amendments to the Constitution, 
 which was read the first time and ordered to be printed. 
 
 Mr. Biggs offered the following : 
 
 Inasmuch as the public mind is noAv greatly disturbed by a 
 state of war and a threatened invasion by the enemy, which 
 precludes that calm and mature deliberation proper and desira- 
 ble in altering or amending the organic law ; and ivhey'eas, the 
 attention of the people has not been sufficiently directed to the 
 changes that may be proposed, so as to enable this Convention 
 now to act understandingly, and a discussion of such proposed 
 alterations may excite divisions of opinion at a time when 
 harmony of feeling and action is so important : 
 
 Resolved, That this Convention will receive and lay on the 
 table, without debate, all propositions that may be made to 
 alter or amend the Constitution of the State, but will not con- 
 sider them at the present session ; and such propositions shall 
 be postponed until the next session of the Convention, to bo 
 assembled at a time and in a manner to be prescribed. 
 
 The Resolution, under the rule, lies over one day for consid- 
 eration. 
 
 Mr. Barnes, from the committee on that subject, reported 
 that the ordinance dissolving the Union between the State of 
 North Carolina and the other States, had been enrolled upon 
 parchment, and recommended that it be signed in the Hall of 
 the House of Commons, this evening at 8 o'clock, the Presi- - 
 dent signing first, and the members afterwards, in alphabetical 
 order — and it was concurred in. 
 4 
 
^2C^ .lorKNAI. OF THE [May 21. 
 
 Mr. Batcbclor offered the following : 
 
 Resolved, That a committee of thirteen be appointed to pre- 
 pare business for this Convention. 
 
 On motion of Mr. Ferebcc, the resolution was ordered to lie 
 on the table. 
 
 Mr. Craige oftered the following, which was agreed to : 
 
 Resolved^ That the President of the Convention cause a cer- 
 tified copy of the ordinance adopted by this Convention, on the 
 20th day of May, 1861, severing the connection of the State 
 of North Carolina with the government of the late Unitetl 
 States of America ; and likewise a certified copy of the ordi- 
 nance adopted on the same day, ratifying the Provisional Con- 
 stitution of the Confederate States, to be transmitted to the 
 President of the Confederate States of America. 
 
 On motion of Mr. Meares, the Convention took a recess until 
 7 o'clock, P. M. 
 
 7 OCLOCK, P. M. 
 
 The hour of meeting having arrived, the Convention was 
 called to order by the President. 
 
 James A. Leak, one of the delegates from Anson, and Rich'd 
 Dillard, delegate from ChoAvan, having been detained at home 
 by unavoidable causes, appeared and took their seats in the 
 Convention. These delegates severally asked and obtained 
 leave to have it stated on the journal tliat if they had been 
 present on yesterday, they would have voted for the ordinance 
 of separation. 
 
 On motion of Mr. Venable, the order of the Convention, 
 this morning, was so changed that the counties should appear 
 on the parchment in alphabetical order. 
 
 At 8 o'clock, as agreed upon, in open Convention, the mem- 
 bers proceeded to affix their names and places of residence, to 
 the ordinance of separation ; and one hundred and tiventy — 
 the whole number pr'ovided for hy the act of the Qeneral Assem- 
 hlif — caine Jnrwnrd and signed the instrument. 
 
1861.] STATE CONVENTION. 27 
 
 On luotioii of Mr. Osborne, it was ordered that the Ordinance 
 be deposited with the Secretary of State, and kept in a strong 
 box to be provided for the same. 
 
 On motion, the Convention adjourned till to-morrow at 1] 
 o'clock, A. M. 
 
 IN CONVENTION, Wednesday, May 22, 1861. 
 
 The Convention met pursuant to adjournment — the President 
 in the chair. 
 
 Prayer by Rev. Thomas E. Skinner, of the Baptist Church. 
 
 The journal of yesterday was read and approved. 
 
 On motion of Mr. Graham, it was ordered that the Constitu- 
 tion of the State, together with the act of the General Assembly 
 calling this Convention, be printed. 
 
 On motion of Mr. Biggs, 
 
 Resolved, That whenever the Convention shall order any 
 paper or document printed, there shall be one hundred and 
 fifty copies, unless when otherwise directed. 
 
 Mr. Headen offered the following : 
 
 Resolved, Thos. RufRn, George E. Badger, Will. A. Graham 
 and John A. Gilmer, be appointed a committee to prepare an 
 address, setting forth the causes that have impelled the State 
 of North Carolina to a separation from the Government of the 
 United States of America, and report the same at an early day 
 to this Convention ; which, on motion of Mr. Lander, was 
 ordered to lie on the table. 
 
 Mr. Batchelor offered the following : 
 
 Resolved, That after to-day, the Convention meet at 10 
 o'clock, A. M., and adjourn at 2 o'clock, P. M. : which, on 
 motion of Mr. Badger, was ordered to lie on the table. 
 
 Mr. Satterthwaite offered the following, which was agreed to : 
 
 Resolved, That a committee of ten be appointed, whose duty 
 it shall be to prepare and submit for the consideration of the 
 Convention a statement of the causes which compelled the 
 people of North Carolina to separate themselves from the late 
 United States of America. 
 
28 JOURNAL OF THE [May 22, 
 
 Mr. Jones, of Rowan, offered the foll(fwing : 
 
 Resolved^ That Messrs. Ruffin, Badger, Graham, Biggs, 
 Howard, Osborne, Barnes, Winslow, Craige, Mitchell, Gilmer, 
 Battle of Wake, Strong, Kittrell, Houston of Duplin, and 
 Green, be a committee, instructed to inquire, and report to this 
 Convention, whether the act passed by the General Assembly 
 of the State, entitled "An Act to provide against the sacrifice 
 of property and to suspend proceedings in certain cases," be 
 in accordance with the Constitution of the State ; and if said 
 committee shall find that said act is not in accordance with the 
 Constitution, that they be instructed to report an ordinance on 
 the subject embraced within said act, which shall meet the 
 public exigency, and preserve, as far as possible, the interests 
 of both creditor and debtor. 
 
 Mr. Graham moved to amend the resolution so that the com- 
 mittee should be appointed by the President. 
 
 Mr. Lander moved that the whole subject lie on the table. 
 On this question the ayes and noes were ordered, on motion of 
 Mr. Ashe, and resulted as follows : 
 
 Ayes — The President, and Messrs. Armfield, Arrington, 
 Ashe, Batchelor, Biggs, Bond, Brodnax, Brown, Bunting, Car- 
 son, Craige, Cunningham, Dillard, Durham, Eller, Foster of 
 Ashe, Fuller, Hamlin, Hargrove, Henkel, Hill, Lander, Leak 
 of Attson, Mann, McDowell of Bladen, McDowell of Burke, 
 McDowell of Madison, McNeill of Cumberland, McNeill of 
 Harnett, Moody, Moseley, Pettigrew, Reid, Rhodes, Royster, 
 Shaw, Smith of Johnston, Spruill of Bertie, Spruill of Tyrrell, 
 Stewart, Sutherland, Thompson, Thornton, Tracey, Turner, 
 Venable, Williams and Wootcn— 50. 
 
 Noes — Messrs. Allison, Badger, Barnes, Battle of Edge- 
 combe, Battle of Wake, Berry, Calloway, Cannon, Christian, 
 Councill, Cowan, Darden, Davidson, Dick, Douthitt, Ellison, 
 Ferebee, Foster of Randolph, Foy, Gilmer, Gorrell, Graham, 
 Green, Greenlee, Grimes, Hearne, Headen, Hicks, Holden, 
 Houston of Duplin, Houston of Union, Howard, Johnston of 
 Gaston, Johnston of Mecklenburg, Jones of tlaldwell, Jones of 
 RoAvan. Kittrell, Leak of Richmond, Manning, Meares, Me- 
 
1861.] STATE CONVENTION 29 
 
 bane, Merritt, Miller," Myers, Osborne, Penland, Phifer, Ray- 
 ner, Ruffin, Sanders, Satterthwaite, Shipp, Smith of Halifax, 
 Smith of Macon, Speed, Sprouse, Strong, Thomas of Carteret, 
 Walton, Ward, Warren, Washington, AVhitford, AVilson and 
 Woodfin — G6. 
 
 Mr. Graham then withdrew liis amendment, whereupon, 
 
 Mr. Howard moved to amend by striking out the names of 
 the committee, and providing that a committee of eleven be 
 appointed ; which was agreed to, and the resolution as amended 
 was adopted. 
 
 The President announced the following as the Committee on 
 the State Flag: Messrs. Whitford, Graham, Rayner, Smith of 
 Halifax, Foy, Winslow and Cunningham. 
 
 Mr. Myers offered a resolution requiring the Secretary of 
 State to furnish, and the Printers to print, one hundred and 
 fifty copies each of tlie following Acts and Resolutions, passed 
 by the General Assembly, at its extra session : • 
 
 An Act to repeal the 5th section of the 9(Jth chapter of the 
 Revised Code, entitled '•'Oaths." 
 
 An Act for Patrul. 
 
 An Act to provide for the publi : defense. 
 
 An Act to define and punish treason against this Statcj and 
 other offence? against the sovereignty of this State. 
 
 An Act concerning Taxes. 
 
 An Act to provide against the sacrifice of property and to 
 suspend civil process in certain cases. 
 
 An Act to provide the ways and means for public defense. 
 
 A Resolution concerning Post Offices and. Post Roads. 
 
 An Act to provide for the time when Volunteers shall be 
 paid for their services. 
 
 An Act to authorize the County Courts and corporate towns 
 and cities to lay taxes for public purposes. 
 
 Mr. Houston, of Duplin, moved the following as a substi- 
 tute : 
 
 Resolved^ That the Secretary of State be authorized and 
 required t^ provide for the immediate publication of the Acts 
 and Resolutions of the recent special session of the Genera] 
 Assembly. 
 
30 JOURNAL OF THE [Mat 22, 
 
 The substitnto avjus not agreed to ; and the resolution was 
 then adopted. 
 
 Mr. Sanders introduced ''An ordinance to amend the Con- 
 stitution of North Carolina, so as to strike out the 3rd section 
 of the 4th Article of the amendments to the Constitution, rat- 
 ified by the people on the 2nd Monday of November, 1835, 
 and insert in lieu thereof, a section providing for equal and 
 uniform taxation," Avhich was ordered to lie on the table and 
 be printed. 
 
 The ordinance introduced on yesterday by Mr. Kittrell, to 
 repeal the 3rd section of the 4th Article of the Constitution of 
 1835, was then read the second time. 
 
 Mr. Ilolden moved to amend the same as follows : Strike out 
 the wordt!, "from and after the first day of January next," 
 iTnd insert the following : " and that slaves shall be taxed 
 according to their value, but no higher in proportion to value, 
 than land." 
 
 Mr. Ruffin moved to refer the subject to a committee of 
 eleven. 
 
 Mr. Ashe moved that the whole subject lie upon the table ; 
 on this question the ayes and noes were ordered, on motion of 
 Mr. Ashe, and resulted as follows : 
 
 Ayes — The President, and Messrs. Arrington, Ashe, Batch- 
 clor. Biggs, Brown, Bunting, Carson, Councill, Cowan, Craige, 
 Cunningham, Darden, Diilard, Durham, Foy, Fuller, Green, 
 Grimes, Hargrove, Henkel, Hill, Howard, McDowell of Bladen, 
 McNeill of Cumberland, McNeill of Harnett, Moody, Mosely, 
 Rayner, Reid, Rhodes, Royster, Shaw, Smith of Halifax, 
 Strong, Sutherland, Thornton, Tracy, Venable, Walton, Ward, 
 Williams and Wooten — 43. 
 
 Noes — Messrs. Allison, Armfiefd, Badger, Barnes, Battle of 
 Edgecombe, Battle of AVake, Berry, Bond, Brodnax, Calloway, 
 Cannon, Christian, Davidson, Dick, Douthitt, Filer, Ellison, 
 Ferebee, Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, 
 Graham, Greenlee, Hamlin, Headen, Hearne, Hicks, Holden, 
 Houston of Duplin, Houston of Union, Johnston of Gaston, 
 Johnston of Mecklenburg, Jones of Caldwell, Jones of Rowan, 
 
1861.] STATE CONVENTION. 31 
 
 Long, Mann, Manning, McDowell of Burke, McDowell of Madi- 
 son, Meares, Mebane, Merritt, Miller, Mitchell, Osborne, Pat- 
 terson, Penland, Pettigrew, Phifer, Ruffin, Sanders, Satter- 
 thwaite, Shipp, Smith of Johnston, Smith of Macon, Speed, 
 Sprouse, Spruill of Bertie, Spruill of Tyrrell, Stewart, Thomas 
 of Carteret, Turner, Warren, Washington, Whitford, Wilson 
 and Woodfin — 73. 
 
 So the motion did not prevail. 
 
 On motion of Mr. Meares, the Convention adjourned until 
 to-morrow at 11 o'clock. 
 
 IN CONVENTION, Thursday, May 23, 18G1. 
 
 The hour having arrived, the President took tlie chair anU 
 called the Convention to order. 
 
 Prayer by the Rev. Dr. R. S. Mason, of the Protestant Epis- 
 copal Church. 
 
 The journal of yesterday was read and approved. 
 
 Mr. Venable, from the committee to whom was referred the 
 ordinance to ratify the Constitution of the Confederate States, 
 reported the same back, with the following substitute, as an 
 amendment thereto, and recommend its passage. 
 
 An Ordinance to ratify the Constitution of the Con- 
 federates States of America. 
 
 Whereas, On the eleventh day of Marcli, A. D., 1801, at 
 Montgomery, in the State of Alabama, a Constitution was 
 adopted by a Congress of delegates from the States of Ala- 
 bama, Florida, Georgia, Louisiana, Mississippi, South Carolina 
 and Texas, united under the name of the Confederate States 
 of America, wdiich Constitution has been ratified by each of 
 tlxese States : 
 
 Now, therefore, this Convention, having seen and considered 
 said Constitution, doth, in behalf of the people of the State of 
 North Carolina, adopt and ratify the said Constitution and 
 form of government. 
 
82 JOURNAL OF THE [May 28, 
 
 Mr. Dick moved to iimcnd the amendment as follows : 
 
 Be it further ordained, That this ordinance shall be in full 
 force and effect when ratified by the legal voters of this State, 
 at an election to be held on a day and in a manner to be pro- 
 vided by this Convention. 
 
 On motion of Mr. Gi'aham, these several propositions were 
 ordered to lie on the table, be printed, and made the order of 
 the day for to-morrow, 12 o'clock. 
 
 Mr. Rajnier offered the following, which was agreed to : 
 
 Resolved, That His Excellency, the Governor, be requested 
 to communicate to this Convention, the nature of tlie duties 
 and functions being performed, .and to be performed, by the 
 Board appointed under an act of the late General Assembly, 
 entitled "An act to create a Military Board ;" what are the 
 i-anks and emoluments of said official positions ; whether any 
 member of said Board is holding and exercising the duties of 
 more than one official position, and receiving additional pay 
 for the same ; and if so, what those official positions are, their 
 rank and emoluments ; and whether there are any other per- 
 sons holding and exercising more than one official position, 
 ynth additional rank, and entitled to additional emolument on 
 account of the same ; and if so, Avhat these offices, and avIio 
 are holding them. 
 
 Mr. Battle, of Wake, offeied the following, Avhich Avas ordered 
 to lie on the table, and be printed : 
 
 Be it resolved by the Conveiition of the State of North Caro- 
 lina, That the Constitution of the State ought to be amended 
 so that slaves may be taxed, according to their value, as much 
 as land, but not more. 
 
 That all free white males over the age of tAventy-one years, 
 and under the age of forty-five years, may be subject to a cap- 
 itation tax. 
 
 That all free male persons of color, may be subject to a 
 capitation tax, not to exceed that imposed on a white man. 
 
 That the debt of the State, actual and contingent, shall not 
 exceed the sum of millions of dollars, unless in case of 
 
 war, insurrection or invasion, the public necessities may re- 
 quire it. 
 
1861.] STATE CONVENTtOiN. ' 38 
 
 John A. Graves, one of the Delegates from the county of 
 Caswell, being Captain of a military company about to be 
 ordered for service to Virgiuin, tomlrrpd bi-^ vnsjrrnation as a 
 member of the Convention. 
 
 On motion of Mr. Brown, the President was directed to issue 
 his writ of election to the Sheriff of Caswell county, to fill the 
 vacancy thus created, on the third day of Jline. 
 
 Mr. Ruffin offered the following resolution : 
 
 Resolved, That a committee of eleven be appointed by the 
 President, and that all propositions now pending, or that may 
 be offered, to amend the Constitution of the State, touching 
 the subject of taxation, revenues, and the borrowing of money, 
 or otherwise contracting debt by the State, shall stand referred 
 to the same, unless otherwise specially ordered. 
 
 Mr. Badger moved the following amendment, which was 
 accepted by Mr. Ruffin : 
 
 "And said committee shall be, and are hereby instructed to 
 report upon each and all such subjects, with all convenient 
 dispatch." 
 
 The resolution, as amended, was then agreed to. 
 
 Mr. Howard offered the following : 
 
 That a committee of five be appointed on military afi'airs, 
 to inquire into the present military organization of the State, 
 with full power to examine persons and papers, and report 
 whatever measures they may deem necessary to perfect the 
 system and increase its efficiency; which, on his motion, was 
 was ordered to lie on the table, and be considered by the Con- 
 vention with closed doors, at half-past twelve o'clock. 
 
 Mr. Smith, of Johnston, offered the following, which was 
 agreed to : 
 
 Resolved, That His Excellency, the Governor, be requested 
 to communicate to this Convention, at as early a day as practi- 
 cable, the number of volunteers who have offered their ser- 
 vices ; the number accepted, and from what counties ; the num- 
 ber of State troops ; the commissions issued, and to whom ; the 
 officers appointed by him, and the rank and pay of each ; the 
 number of men ordered to service in Virginia from this State ; 
 6 
 
34 JOURNAL OF THE [May 23, 
 
 the number in actual service in this State ; the number in 
 camps of instruction ; an estimate of the expenses incident to 
 carrying on the necessary military operations for one year ; 
 the quantity of arms and munitions of war ; the provisions and 
 clothing purchased, and at what prices ; what naval force, if 
 any, has been established in this State ; and all other infor- 
 mation possessed by him in relation to the military and naval 
 condition of this State, and under what laws and provisions of 
 the Constitution the forces aforesaid have been called out and 
 their officers appointed. Ordered to be printed. 
 
 Mr. Johnston, of Mecklenburg, introduced " An Ordinance 
 to amend the second Section of the fourth Article of the 
 amendments to the Constitution," which was ordered to lie on 
 the table and be printed. 
 
 Mr. Rayner introduced a resolution declaring that the second 
 Section of the fourth Article of the amendments to the Consti- 
 tution, ought to be amended in certain particulars, and propos- 
 ing a committee of five to prepare and report an ordinance 
 conformably thereto, which was ordered to lie on the table and 
 be printed. 
 
 Mr. Biggs offered the following : 
 
 Resolved, That until otherwise ordered, the daily sittings of 
 this Convention shall commence at 10 o'clock, A. M. 
 
 Mr. Badger moved to strike out the word, "ten," and insert 
 the word, " eleven," which was not agreed to. 
 
 The question recurring on the resolution, it was agreed to by 
 the Convention. 
 
 The hour of half past twelve having arrived, the President 
 directed the lobbies and galleries to be cleared, and the Con- 
 vention proceeded to sit with closed doors. 
 
 After so remaining for some time, the doors were opened, 
 and on motion, the Convention adjourned. 
 
1861.] STATE CONVENTION. 35 
 
 IN CONVENTION, Friday, May 24, 1861. 
 
 The hour of 10 o'clock having arrived, being the hour agreed 
 upon, on yesterday, the President took the chair and called the 
 Convention to order. 
 
 Prayer by Rev. Jos. M. Atkinsoiv, of the Presbyterian Church. 
 
 The journal of yesterday was read and approved. 
 
 The President announced the following committees : 
 
 On the Address setting fortJi the cause ivhich led to the separa- 
 tion of this State from the United States : Messrs. Craigc, 
 Ruffin, Graham, Shaw, Ashe, Gorrell, Reid, Badger, Speed and 
 Thompson. 
 
 On Military Affairs : Messrs. Howard, Woodfin, Venablc, 
 Osborne, Kittrell, Brown, Bunting, Foster of Randolph and 
 Jones of Caldwell. 
 
 On Constitutional Amendments touehing Taxation and Jlev- 
 enue : Messrs. Ruffin, Smith of Halifax, McDoAvell of Bladen, 
 Pettigrew, Thomas of Jackson, Johnston of Mecklenburg, 
 Badger, Biggs, Lander, iNIitchell and INIcDowell of Madison. 
 
 On motion of Mr. Reid, the Secretary was authorized to 
 appoint an Engrossing Clerk. [lie afterwards appointed Jos. 
 Holderby, of Rockingham County.] 
 
 Mr. Houston, of Duplin, offered the following, which was 
 agreed to : 
 
 Resolved, That in view of the blockade of our ports by 
 Abraham Lincoln, a committee be appointed, consisting of five 
 members, to inquire into and report upon the expediency and 
 legality of an embargo upon the shippers and ship owners of 
 this State. 
 
 Whereupon the President announced that the following dele- 
 gates compose said committee, viz : Messrs. Houston of Duplin, 
 Gilmer, Leak of Richmond, Thomas of Carteret and Warren. 
 
 Mr. Batchelor offered the following, which was agreed to : 
 
 llesolved, That the committee on Constitutional Amendments 
 be required to inquire into the expediency of restricting the Legis- 
 lature in the imposition of taxes upon slaves, to males between 
 the ages of ten and sixty, and females between the ages of ten 
 and fifty. 
 
36 JOURNAL OF THE [May 24, 
 
 Mr. Craigc laid before the Convention the act of the Congress 
 of the Confederate States, admitting the State of North Caro- 
 lina into the Confederation on certain conditions; which, on 
 motion of Mr. Dick, was ordered to be printed. 
 
 Mr. Ruffin introduced an ordinance to amend the Constitu- 
 tion, so as to define treason against the State of North Carolina, 
 which passed its first reading, and was ordered to lie on the table. 
 
 IMr. Osborne introduced the following, Avhich passed its first 
 reading : 
 
 Resolved^ That the Constitution of the State be so amended 
 as to create the ofiice of Lieutenant Governor. 
 
 INIr. JNIyers oft'ered the following : 
 
 WnEP.EAS, It is possible and probable that our present postal 
 arrangements may be, at an early day, seriously deranged, as 
 they are now upon our southern borders ; 
 
 Be it therefore resolved, That this Convention does hereby 
 pledge the faith of the State to make good to all mail contrac- 
 tors the balance due them, after a faithful performance of their 
 respective contracts, to take date after the 20th May, 18C1. 
 
 Mr. Armfield moved the following amendment: "which said 
 guarantee shall continue until such time as the government of 
 the Confederate States shall take charge of the postal system 
 of this State." 
 
 On motion, the resolution and amendment were ordered to lie 
 on the table. 
 
 Mr. Ruffin moved the following, Avhich was agreed to : 
 
 Mesolved, That a committee on Finance be raised, for the 
 purpose of ascertaining the resources of the Treasury, making 
 proper estimates of the sums that will be needed for the period 
 of a year, and proposing the further ways and means for raising 
 the same, if any be needed. 
 
 The President announced the followins: committee on the 
 resolution of Mr. Jones, of Rowan, in regard to the constitution- 
 ality of the act of the late session of the General Assembly, 
 commonly known as "The Stay LaAv:" Messrs. Jones of Rowan, 
 Graham, Arrington, Green, Battle of Edgecombe, Johnston of 
 Gaston, Carson, Miller, Strong, Holden and Spruill of Bertie. 
 
1861.] STATE CONVENTION. 87 
 
 The hour having arrived for the consideration of the special 
 order, it being the ordinance to ratify the Constitution of the 
 Confederate States, with the proposed amendments thereto, on 
 motion, the same was postponed until Monday next, at 12 o'clock. 
 
 Mr. Barnes ofiered the following, which was agreed to; 
 
 Mesolvedy That the President of this Convention be requested 
 to direct the special messenger, sent by him to JMontgomery, to 
 procure and bring to this Convention, on his return, a duly cer- 
 tified copy of the permanent Constitution of the Confederate 
 States of America. 
 
 On motion of Mr. Graham, it was ordered that the Constitu- 
 tion of the Confederate States be printed for the use of the 
 Convention. 
 
 Mr. Battle, of "Wake, oflfered the following, which was agreed to : 
 
 Be.^olved, That tlie Public Treasurer prepare, for the use of 
 the Convention, a detailed statement of the public debt, actual 
 and contingent, together with an estimate of all debts which the 
 State may hereafter incur under existing acts of the General 
 Assembly. Also, the kinds of debts, whether bonds or other- 
 wise, and when and where payable ; also the means of the State, 
 ascertained or estimated, annually accruing to meet said debts. 
 
 Mr. Craige moved that the Convention adjourn until Monday 
 morning at 10 o'clock. On this question the ayes and noes 
 were ordered, on motion of Mr. Christian, and resulted as fol- 
 lows: 
 
 Ayes — The President, and Messrs. Badger, Battle of Edge- 
 combe, Bunting, Cannon, Ci-aige, Cunningham, Foy, Fuller, 
 Graham, Houston of Duplin, Howard, Johnston of Mecklen- 
 burg, McDowell of Bladen, Mearcs, Moody, Myers, Osborne, 
 Patterson, lluffin, Shaw, Shipp, Thomas of Carteret, Washing- 
 ton, Whitford, Williams and Woodfin— 28. 
 
 Noes— Messrs. Allison, Arrington, Barnes, Batchelor, Battle 
 of Wake, Berry, Biggs, Bond, Brodnax, Brown, Calloway, 
 Cannon, Carson, Christian, Council], Darden, Davidson, Dick, 
 Dillard, Durham, Eller, Ellison, Ferebee, Foster of Ashe, Fos- 
 ter of Randolph, Gorrelf, Green, Greenlee, Grimes, Hamlin, 
 Hargrove, Ileaden, Hearne, Henkel, Hicks, Hill, Ilolden, Hous- 
 
38 JOURNAL OF THE [May 25, 
 
 ton of Union, Jolinston of Gaston, Jones of Caldwell, Jones of 
 Rowan, Kittrell, Leak of Anson, Leak of Richmond, Long, 
 Mann, Manning, McDowell of Eurke, McDowell of Madison, 
 McNeill of Cumberland, Meares, Merritt, Miller, Mitchell, 
 Moseley, Penland, Pettigrew, Phifer, Rayner, Raid, Royster, 
 Sanders, SatterthAvaite, Smith of Halifax, Smith of Johnston, 
 Smith of Macon, Speed, Sprouoe, Spruill of Bertie, Spruill of 
 Tyrrell, SteAvart, Strong, Sutherland, Thomas of Jackson, 
 Thompson, Thornton, Tracey, Turner, Venable, Walton, Ward, 
 Wilson and Wooten — 80. 
 
 So the motion did not prevail. 
 
 Mr. Foy introduced "An Ordinance to amend the third sec- 
 tion of the fourth article of the amendments to the Constitu- 
 tion," which passed the first reading, was referred to the appro- 
 priate committee, and ordered to be printed. x 
 
 The resolution heretofore introduced by Mr. Howard, relating 
 to Military Affairs, was taken up and amended so as to increase 
 the number of the committee to nine — require its report to be 
 made to the Convention when sitting with closed doois, and to set 
 forth the reasons on which the conclusions of the report shall be 
 founded ; and, as thus amended, the resolution was then agreed to. 
 
 On motion, the lobbies and galleries Avere then cleared, and 
 the Convention proceeded to sit with closed doors ; and after so 
 remaining for some time, the doors were opened, and the Con- 
 vention adjourned. 
 
 IN CONVENTION, Saturday, May 25, 1861. 
 
 The hour having arrived, the President called the Convention 
 to order. ' 
 
 The journal of yesterday Avas read and approved. 
 
 Mr. Reid announced the death of Hon. John Hill, one of the 
 Delegates to this Convention, and introduced, in relation thereto, 
 the following resolutions, which Averc unanimously adopted : 
 
 Resolved, That this Convention has heard, Avith emotions of 
 deep regret, of the sudden death of Hon. John Hill, late a 
 member of this Convention from the county of Stokes. 
 
1861.] STATE CONVENTION. 
 
 39 
 
 Resolved, As a mark of respect for the memory of the de- 
 ceased, we will wear the usual badgfe of mourning during the 
 remainder of the present session. 
 
 Resolved, That the President be requested to transmit a 6opy 
 of these resolutions to the widow of our deceased brother, 
 assuring her of our high appreciation of the excellent qualities 
 of her late husband, and our sympathy with her on the occasion 
 of his death. 
 
 Resolved, That as a further testimony of respect, this Con- 
 vention will now adjourn. 
 
 Accordingly, the Convention adjourned ontil Monday morn- 
 ing at 10 o'clock. 
 
 IN CONVENTION, Monday, May 27, 1801. 
 
 The Convention met at the usual hour— the President in the 
 chair. 
 
 The journal of Saturday was read and approved. 
 Mr. Ward oifered the following, which was agreed to : 
 Whereas, The present Military Board is understood to be 
 organized without the aid or co-operation of experienced medi- 
 cal advisers, and the selection and appointment of competent 
 and experienced men as surgeons and assistant surgeons of the 
 several regiments of North Carolina volunteers and State troops 
 being highly necessary and important; therefore. 
 
 Resolved, That the committee on Military Affairs be instructed 
 to inquire and report some practicable mode of examination for 
 appointments for the office of surgeon and assistant surgeon of 
 the military regiments of the State, and report the same to this 
 Convention by resolution or otherwise. 
 Mr. Speed offered the following : 
 
 Whereas, The Convention has been invested with supreme 
 power to meet an extraordinary and dangerous emergency, and 
 to exert its best energy to secure the safety and promote the 
 weltare of the commonwealth, unbiased by any influence that 
 might arise from the proposed political advancement of any of 
 Its members ; therefore, 
 
40 JOURNAL OF THE [May 27, 
 
 Resolved, That this Convention will not confer any appoint- 
 ment of political trust or profit on any of its members. 
 
 Mr. Kittrell moved to add the following as an amendment 
 thereto : " Or members of the General Assembly, or of the 
 last Congress of the United States." 
 
 Mr. Barnes moved that the resolution and amendment lie on 
 the table. On this motion, Mr. Speed called for the ayes and 
 noes, which being ordered, resulted as follows : 
 
 Ayes — The President, and Messrs. Allison, Arrington, Ashe, 
 Barnes, Battle of Edgecombe, Battle of AVake, Berry, Biggs, 
 Brown, Calloway, Councill, Cowan, Dick, Eller, Foster of Ashe, 
 Graham, Greenlee, Hamlin, Hargrove, Headen, Hicks, Houston 
 of Duplin, Howard, Johnston of Gaston, Johnston of Mecklen- 
 burg, ^onea of Caldwell, Jones of Rowan, Kittrell, Long, Mc- 
 Dowell of Bladen, McDowell of Burke, McDowell of Madison, 
 McNeill of Cumberland, Mearcs, Merritt, Myers, Osborne, Pat- 
 terson, Penland, Phifcr, Reid, Rhodes, Royster, Smith of Hali- 
 fax, Sprouse, Stewart, Strong, Sutherlai^d, Thomas of -Jackson, 
 Thompson, Thornton, Tracy, Turner, Venable, Ward, Wilson, 
 Woodfin and Wooten — 60. 
 
 Noes — Messrs. Armfield, Batchelor, Bunting, Brodnax, Can- 
 non, Carson, Christian, Cunningham, Davidson, Dillard, Durham, 
 Ellison, Ferebce, Gorrell, Grimes, Hearne, Henkel, Holden, 
 Houston of Union, Leak of Richmond, Mann, Manning, Miller, 
 Mitchell, Mosely, Pettigrew, Rayncr, Sanders, Smith of John- 
 ston, Smith of Macon, Speed, Spruill of Bertie, Spruill of Tyrrell, 
 Thomas of Carteret, Walton and Warren — 36. 
 
 So the motion prevailed. 
 
 On motion of Mr. Wilson, the President was directed to issue 
 his writ of election to the Sheriff' of Stokes county, to open a 
 poll on the 6th day of June, for a Delegate to represent said 
 county, in place of Hon. John Hill, deceased. 
 
 Mr. Biggs offered the following, which was agreed to : 
 
 Resolved, That the Committee on Finance be instructed to 
 inquire into the expediency of reporting an ordinance to appoint 
 an auditor for all the military departments of the State. 
 
1861.] STATE CONVENTION. 41 
 
 Mr. Arrington offered the following, which w^as ordered to 
 lie on the table : 
 
 Resolved, That a Secretary of War shall be appointed, whose 
 duty it shall be to take charge of the military affairs of the 
 State. 
 
 Mr. Strange presented the resignation of Robert H. Cowan, 
 one of the Delegates from New -Hanover county, to take effect 
 from and after Saturday next, said resignation being tendered 
 on account of a conflict of duties, produced by his position as 
 Lieutenant Colonel of the third regiment of State troops. 
 
 On motion of Mr. Ashe, the President was authorized to 
 issue a writ of election to the Sheriff of Ncav Hanover county 
 to hold an election to fill the vacancy, on the 1st day of June. 
 Mr. Graham offered the following, which was agreed : 
 Ilesolved, That the Secretary of State be directed to procui'e 
 and furnish to this Convention a copy of the census statistics 
 of North Carolina, as taken under the government of the United 
 States, in the year 1860. 
 
 The hour having arrived for the consideration of the order 
 of the day, it being the " Ordinance to ratify the Constitution 
 of the Confederate States of America," Mr. Smith, of Halifax, 
 move<l to postpone the same, and make it the special order for 
 to-morrow at 12 o'clock. ^ 
 
 On this question the ayes and noes were ordered, on motion 
 of Mr. Badger, and resulted as follows : 
 
 Ayes — The President, and Messrs. Allison, Armfield, Ar- 
 rington, Badger, Barnes, Battle of Edgecombe, Battle of Wake, 
 Berry, Biggs, Bond, Brodnax, Brown, Cannon, Christian, 
 Councill, Davidson, Dick, Dillard, Douthitt, Eller, Fereboe, 
 Foster of Randolph, Gilmer, Gorrell, Graham, Hamlin, Headen, 
 Hearne, Holden, Houston of Union, Howard, Johnston of 
 Mecklenburg, Jones of Caldwell, Jones of Rowan, Kittrell, 
 Long, Mann, Manning, Merritt, Mitchell, Myers, Pettigrew, 
 Reid, Sanders, Shipp, Smith of Halifax, Smith of Johnston, 
 Smith of Macon, Speed, Sprouse, Spruill of Tyrrell, Strong, 
 Thomas of Carteret, Thomas of Jackson, Turner, Warren and 
 Wilson — 57. 
 
 6 
 
42 JOURNAL OF THE [May 28, 
 
 Noes — Messrs. Ashe, Batchelor, Bunting, Calloway, Carson, 
 Cowan, Craige, Cunningham, Durham, Ellison, Foster of Ashe, 
 Greenlee, Hargrove, Henkel, Hicks, Houston of Duplin, John- 
 ston of Mecklenburg, Leak of Richmond, McDowell of Bladen, 
 McDowell of Burke, McDowell of Madison, McNeill of Cum- 
 berland, McNeill of Harnett, Miller, Moseley, Osborne, Pat- 
 terson, Penland, Phifer, Rayner, Rhodes, Royster, Sutherland, 
 Spruill of Bertie, Stewart, Thompson, Thornton, Tracey, Ven- 
 able. Ward, Woodfin and Wooten — 42. 
 
 So the motion to postpone prevailed. 
 
 On motion, the lobbies and galleries were then cleared, and 
 the Convention proceeded to sit with closed doors. 
 
 After some time spent in secret session, the doors were 
 opened, and on motion of Mr. Rayner, a communication from 
 His Excellency, the Governor, the resolution formerly intro- 
 duced by Mr. Rayner, to which the letter was a response, and 
 the act of the General Assembly creating a Military Board, 
 were ordered to be printed. 
 
 On motion of Mr. Howard, it was ordered that, until other- 
 wise directed, the morning sessions of the Convention shall 
 commence at 11 o'clock. 
 
 And then, on motion, the Convention adjourned. 
 
 IN CONVENTION, Tuesday, May 28, 18G1. 
 
 In pursuance of the order of yesterday, the Convention 
 assembled at 11 o'clock — the President in the chair. 
 
 Prayer by Rev. Joel W. Tucker, of the M. E. Churcli, Soutli. 
 
 The journal of yesterday was read and- approved. 
 
 Mr. Ashe moved to reconsider the vote of yesterday, by 
 which the daily sessions of the Convention were fixed at 11 
 o'clock. The motion was ordered to lie on the table for con- 
 sideration to-morrow. 
 
 Mr. Battle, of Wake, offered the following resolution, which 
 was ordered to lie on ^lie table and be printed : 
 
1861.] STATE CONVENTION. 4.3 
 
 Resolved, That in the opinion of this Convention, the Con- 
 stitution of the State ought to be so amended as to require the 
 Governor to set forth in writing, fully, the grounds of all 
 reprieves, pardons and remissions, to be entered on the register 
 of his official acts, and laid before the General Assembly at 
 their next session. 
 
 Mr. Battle, of Edgecombe, offered the following, which was 
 referred to the Committee on Finance and ordered to be printed : 
 
 Resolved, That in the opinion of this Convention the Consti- 
 tution of the State ought to be so amended that all laws or 
 resolutions, having the force of hnvs, whereby appropriations of 
 money shall be made, either for internal improvement or for 
 any other purpose, or whereby the debt of the State, actual or 
 contingent, may be increased, shall be passed by separate and 
 distinct enactments for each and every appropriation so made, 
 or liability so incurred; and that no appropriation, and no 
 increase of the State debt, actual or contingent, shall be made, 
 except by a majority of the whole nutnber of members elected 
 to each branch of the General Assembly. 
 
 Mr. Thomas, of Jackson, offered the following, which was 
 agreed to : 
 
 Resolved, That a committee of seven be appointed to inquire 
 and report, whether any, and if any, what amendments are 
 proper to be made to the o3rd article of the Constitution of the 
 State, with regard to the appointment and jurisdiction of Jus- 
 tices of the Peace ; and, if deemed necessary, that they be 
 instructed to report the amendments proper to be made. 
 
 Mr. Thomas, of Carteret, offered the following, which was 
 agreed to ; 
 
 Resolved, That the committee on Military Affairs be in- 
 structed to inquire and report, what is the state of preparation 
 for the defense of Beaufort Harbor, if any ; what additional 
 preparation is needed ; whether other and further preparation 
 than that already made, is intended to be made, and if so, how 
 and when. Also, whether some of the arms of the State ought 
 not to be distributed among some of the companies of militia 
 at or near the seaboard, contiguous to Fort Macon. 
 
44 JOURNAL OF THE [May 28, 
 
 Mr. Smith, of Halifax, introduced an ordinance to authorize 
 the Governor to raise seven regiments of volunteers from the 
 counties lying on and east of the Wilmington and Weldon, and 
 the Seaboard and Roanoke Railroads, for the exclusive defense 
 of the seaboard counties of the State ; which passed its first 
 reading. 
 
 Mr. Manning offered the following, which was agreed to : 
 
 Hesohed, That a committee be appointed to take into con- 
 sideration the propriety of connecting the Coalfields and Iron 
 Mines, on Deep River, with the railroad system of the State. 
 
 Mr. Batchelor offered the following, which was ordered to lie 
 on the table : 
 
 Resolved, That a committee on constitutional amendments 
 be appointed. 
 
 Mr. Ellison offered the following, which lies over one day 
 under the rules : 
 
 Resolved, That from and after Thursday next, the daily ses- 
 sions of this Convention shall commence at 9 o'clock, A. M., 
 and continue during each day, except a recess from 1 to 3| 
 P.M. 
 
 On motion, the lobbies and galleries were then cleared, and 
 the Convention then proceeded to sit with closed doors. 
 
 After some time spent in secret" session, the doors were 
 opened, and the Convention went into the consideration of the 
 order of the day, it being the ordinance to ratify the Constitu- 
 tion of the Confederate States of America, with the proposed 
 amendments thereto, the pending question being the amend- 
 ment offered by Mr. Dick. 
 
 Mr. Dick moved that the same be postponed until to-morrow 
 at 12 o'clock. On this motion the ayes and noes were ordered, 
 on motion of Mr. Venable, and resulted as follows : 
 
 Ayes — Messrs. Allison, Armfield, Badger, Barnes, Battle of 
 Wake, Berry, Bond, Calloway, Cannon, Christian, Councill, 
 Davidson, Dick, Douthitt, Eller, Ferebee, Graham, Hamlin, 
 Headen, Holden, Jones of Caldwell, Kittrell, Long, Mann, 
 Manning, Merritt, Pettigrew, Shipp, Smith of Johnston, Smith 
 of Macon, Speed, Sprouse, Spruill of Bertie, Spruill of Tyrrell, 
 Thomas of Carteret, Warren and Wilson — 37. 
 
1861.] STATE CONVENTION. 45 
 
 Noes — The President, and Messrs. Arrington, Ashe, Batch- 
 elor, Battle of Edgecombe, Biggs, Brodnax, Brown, Bunting, 
 Carson, Cowan, Craige, Cunningham, Darden, Dillard, Dur- 
 ham, Foster of Ashe, Foy, Green, Greenlee, Grimes, Hargrove, 
 Hearne, Ilenkel, Hicks, Houston of Duplin, Houston of Union, 
 Howard, Johnston of Gaston, Johnston of Mecklenburg, Jones 
 of RoAvan, Leak of Richmond, McDowell of Bladen, McDowell 
 of Burke, McDowell of Madison, McNeill of Cumberland, 
 McNeill of Harnett, Mearcs, Mebane, Miller, Mitchell, Mood}^, 
 Moseley, Myers, Osborne, Patterson, Penland, Phifer, Rayner, 
 Reid, Rhodes, Ro3^stcr, Sanders, Smith of Halifax, Stewart, 
 Strong, Sutherland, Thomas of Jackson, Thompson, Thornton, 
 Tracy, Turner, Vcnable, Walton, Ward, Williams, Winslow, 
 Woodfin and Wooten — 67. 
 
 So the motion to postpone did not prevail. 
 
 Mr. Gorrell moved that the Convention now adjourn. On 
 this question the ayes and noes were ordered, on motion of Mr. 
 Ashe, and resulted as follows : 
 
 Ayes — Messrs. Allison, Armfield, Battle of Wake, Badger, 
 Barnes, Berry, Brodnax, Calloway, Christian, Davidson, Dick, 
 Douthitt, Ferebee, Foster of Ashe, Gorrell, Graham, Hamlin, 
 Headen, Hearne, Holden, Long, Mann, Manning, Mebane, 
 Merritt, Pettigrew, Smith of Mecklenburg, Sprouse, Spruill of 
 Bertie, Spruill of Tyrrell, Thomas of Carteret, Warren and 
 Wilson— 33. 
 
 Noes — The President, and Messrs. Arrington, Ashe, Batch- 
 elor. Battle of Edgecombe, Biggs, Brown, Bunting, Cannon, 
 Carson, Councill, Cowan, Craige, Cunningham, Darden, Dillard, 
 Durham, Eller, Ellison, Foy, Greenlee, Grimes, Hargrove, Hen- 
 kel. Hicks, Houston of Duplin, Houston of Union, Howard, 
 Johnston of Gaston, Johnston of Mecklenburg, Jones of Cald- 
 Avell, Jones of Rowan, Leak of Richmond, McDowell of Bladen, 
 McDowell of Burke, McDowell of Madison, McNeill of Cma- 
 berland, McNeill of Harnett, Meares, Miller, Mitchell, Moody, 
 Moseley, Myers, Osborne, Patterson, Penland, Phifer, Rayner, 
 Reid, Rhodes, Royster, Sanders, Smith of Halifax, Smith of 
 Johnston, Speed, Stewart, Strong, Sutherland, Thompson, 
 
46 ' JOURNAL OF THE [May 29, 
 
 Thornton, Tracy, Turner, Vcnablc, Walton, Ward, Williams, 
 Winslow, AVoodfin and Wootcn — 69. 
 
 So the Convention refused to adjourn. 
 
 Mr. Biggs offered the following amendment to the rules, 
 which lies over one day under the rule : " After the word 
 'alterations,' in the 2'3rd rule, insert the words 'or amend- 
 ment.' " 
 
 And then, on motion, the Convention adjourned. 
 
 IN CONVENTION, Wednesday, May 29, 1861. 
 
 The President took the chair and called the Convention to 
 order. 
 
 The journal of yesterday was read and approved. 
 
 The President announced the following committees : 
 
 On Amendments to the 33rc? Section of the Constitution: 
 Messrs. Thomas of Jackson, Leak of Anson, Dick, Grimes, 
 Thornton, Moody and Davidson. 
 
 On the Coalfields connection with the railroad system of the 
 State : Messrs. Manning, Meares, Brodnax, Battle of Wake 
 and Dillard. 
 
 On motion of Mr. Howard, the President added Messrs. 
 Fcrebee, Pettigrew and Meares, to the committee on Military 
 Affairs. 
 
 Mr. Christian offered the following, which Avas agreed to : 
 
 Resolved, That the committee on the 33rd Article of the 
 Constitution be instructed to inquire into the propriety of hav- 
 ing the Justices of the Peace elected by the legal voters of the 
 State. 
 
 Mr. Houston, of Duplin, offered the folloAving, which passed 
 the first reading, and was rcfcrred to the Committee on Military 
 Affairs : 
 
 Besohed, That His Excellency, the Governor, be required 
 to arm and equip all such companies of volunteers as have been 
 tendered, quartered, accepted and sworn, for the term of six 
 months service, and have the same mustered and officered for 
 immediate service, whenever required, in or out of the State. 
 
18G1.]* ' STATE CONVENTION. 4t 
 
 Mr. Calloway offered the following, which were ordered to 
 lie on the table, be printed, and referred to a select committee 
 of seven — one from each judicial district, with instructions, in 
 its discretion, to report an ordinance or ordinance!^, cmliracing 
 the subjects therein contained : 
 
 Resolved^ That the Constitution of the State ought to be so 
 amended that no able-bodied white man shall be allowed to 
 vote for members of the House of Commons who may have 
 refused or failed to pay his poll tax for the j^ear immediately 
 preceding any election at which he may offer to vote, for which 
 he may be liable and owing. 
 
 Resolved further^ That the Constitution should be so altered 
 as to provide that no free white man shall be entitled to vote 
 for a member of the Senate in this State who shall not have 
 paid a property tax equal to the tax on one hundred dollars 
 value of land or real estate for the year immediately preceding 
 any election at which he may offer to vote for a member of the 
 Senate. 
 
 Resolved further^ That the Constitution of this State should 
 be so amended that the right to amend the Constitution by the 
 Legislature shall be abolished. 
 
 Mr. Ileaden offered the following, which was agreed to : 
 
 Resolved, That the committee appointed to inquire into the 
 expediency of connecting the railroad system of this State 
 with the Iron and Coalfields of Deep River, in the county of 
 Chatham, be also instructed to inquire into the propriety and 
 expediency of establishing within or near that valley a State 
 foundry and arsenal, or other machinery for the purpose of 
 constructing arms and munitions of war ; and that they report 
 what, in their opinion, will be the probable cost of such ,an 
 establishment. 
 
 On motion of Mr. Smith, of Halifax, the ordinance intro- 
 duced by him, on yesterday, in relation to the seaboard defenses, 
 was taken up and put on its second reading, pending the con- 
 sideration of which, the hour arrived, and the Convention pro- 
 ceeded to the order of the day, being the ordinance to ratify 
 the Constitution of the Confederate States of America, and the 
 amendments thereto proposed. 
 
48 JOURNAL OF THE [May 30, 
 
 Mr. Graham moved to postpone the further consideration of 
 the subject until the first Thursday in August next. 
 
 Mr. Christian moved that the Convention adjourn, on which 
 the ayes and noes were ordered, on motion of Mr. Batchelor, 
 and resulted as follows : 
 
 Ayes — The President, and Messrs. Allison, Armfield, Badger, 
 Barnes, Battle of Wake, Berry, Bond, Brodnax, Brown, Callo- 
 way, Cannon, Christian, Councill, Davidson, Dick, Douthitt, 
 Eller, Ellison, Ferebee, Foster of Ashe, Gilmer, Gorrell, Gra- 
 ham, Green, Headen, Ilolden, Jones of Caldwell, Jones of 
 Rowan, Leak of Anson, Long, Mann, Manning, Mebane, Mer- 
 ritt, Mitchell, Moody, Myers, Osborne, Pettigrew, Rayner, 
 RufRn, Sanders, Satterthwaite, Shipp, Smith of Halifax, Smith 
 of Johnston, Smith of Macon, Speed, Spruill of Bertie, Spruill 
 Tyrrell, Strong, Thomas of Carteret, Thompson, Walton, War- 
 ren, Washington, Whitford and Wilson — 59. 
 
 Noes — IMessrs. Arrington, Ashe, Batchelor, Battle of Edge- 
 combe, Biggs, Bunting, Carson, Cowan, Craige, Cunningham, 
 Darden, Dillard, Durham, Foy, Fuller, Greenlee, Grimes, Ham- 
 lin, Hargrove, Hearne, Henkel, Hicks, Houston of Duplin, 
 Houston of Union, Howard, Johnston of Gaston, Johnston of 
 Mecklenburg, Leak of Richmond, McDowell of Bladen, Mc- 
 Dowell of Burke, McDowell of Madison, McNeill of Cumber- 
 land, McNeill of Harnett, Meares, Miller, Moseley, Patterson, 
 Penland, Phifer, Reid, Rhodes, Royster, Sprouse, Stewart, 
 Sutherland, Thomas of Jackson, Thornton, Tracey, Turner, 
 •Ward, Williams, Winslow, Woodfin and Wooten — 64. 
 
 So the Convention adjourned. 
 
 IN CONVENTION, Thursday, May 30, 1861. 
 
 The hour having arrived, the Piesident called the Convention 
 to order. Prayer by Rev. Dr. Mason, of the P. E. Church. 
 
 The journal of yesterday was read and approved. 
 
 The President announced the committee " On suffrage, and 
 legislative mode of amending the Constitution :" Messrs. Callo- 
 way, Ruffin, Rayner, Barnes, Washington, Fuller and Shipp. 
 
1861.] STATE CONVENTION. 49 
 
 The President laid before the Convention a letter addressed 
 to the Convention by the Hon. Robert Toombs, Secretary of 
 State of the Confederate States, inclosing the proclamation of 
 President Davis, declaring the State of North Carolina a mem- 
 ber of the Confederate States of America; which were severally 
 read, and, on motion of Mr. Craige, ordered to be printed, 
 together with the letter of the President of the Convention 
 which accompanied the ordinance transmitted to Montgomery 
 by special messenger. 
 
 Mr. Badger introduced an ordinance providing the mode of 
 authenticating ordinances and resolutions having the force of 
 laws, which passed its first and second readings. 
 
 Mr. Biggs moved that the Convention go into secret session. 
 On this question the ayes and noes were ordered, on motion of 
 Mr. Badger, and resulted as follows : 
 
 Ayes — The President, and Messrs. Allison, Ashe, Battle of 
 Edgecombe, Battle of AVake, BiggB, Brodnax, Brown, Bunting, 
 Carson, Craige, Darden, Davidson, Dillard, Durham, Foy, Ful- 
 ler, Gorrell, Greenlee, Grimes, Hargrove, Hearne, Henkel, 
 Howard, Johnston of Gaston, Johnston of Mecklenburg, Jones 
 of Caldwell, Leak of Richmond, McDowell of Bladen, McDow- 
 ell of Burke, McDowell of Madison, McNeill of Cumberland, 
 McNeill of Harnett, Meares, Miller, Mitchell, Moody, Osborne, 
 Patterson, Penland, Pliifer, Reid, Rhodes, Royster, Ruffin, 
 Satterthwaite, Shaw, Shipp, Smith of Halifax, Smith of Macon, 
 Smith of Johnston, Sprouse, Stewart, Strong, Sutherland, 
 Thomas of Carteret, Thompson, Thornton, Tracy, Turner, 
 Venable, Washington, Williams and Wooten — 64. 
 
 Noes — Messrs. Armficld, Arrington, Badger, Barnes, Batch- 
 elor. Berry, Bond, Calloway, Cannon, Christian, Councill, 
 Dick, Douthitt, Eller, Ellison, Ferebee, Foster of Ashe, Gilmer, 
 Graham, Green, Hamlin, Hcaden, Hicks, Holden, Houston of 
 Duplin, Jones of Rowan, Kittrell, Leak of Anson, Long, Mann, 
 Manning, Mebanc, Merritt, Myers, Pettigrew, Rayner, Sanders, 
 Speed, Spruill of Bertie, Spruill of Tyrrell and Wilson— -41. 
 
 So the motion prevailed, and the Convention proceeded to sit 
 with closed doors. 
 
 ' 7. -*^^ 
 
50 JOURNAL OF THE [May 31, 
 
 After some time spent in secret session, the doors were opened. 
 
 Mr. Ashe moved to take up and consider the unfinished 
 business of yesterday, being the ordinance ratifying the Con- 
 stitution of the Confederate States of America. 
 
 Mr. Speed moved that the Convention adjourn. 
 
 On this question the ayes and noes were ordered, on motion of 
 Mr. Ashe, and resulted as follows : 
 
 Ayes — Mr. President, and Messrs. Allison, Armfield, Badger, 
 Barnes, Battle of Edgecombe, Battle of Wake, Brown, Cal- 
 loway, Cannon, Chj-istian, Davidson, Dick, Eller, Ferebee, 
 Foster of Ashe, Gilmer, Gorrell, Graham, Green, Headen, 
 Holden, Jones of Rowan, Kittrell, Leak of Anson, Long, 
 Mann, Manning, McDowell of Bladen, McNeill of Harnett, 
 Mebane, Merritt, Miller, Mitchell, Pettigrew, Rayner, Ruffin, 
 Sanders, Shipp, Smith of Halifax, Smith of Jackson, Smith of 
 Macon, Speed, Spruill of Bertie, Spruill of Tyrrell, Thomas of 
 Carteret, Walton, Warren, Washington, Whitford and Wil- 
 son — 52. 
 
 Noes — Messrs. Arrington, Ashe, Batchelor, Biggs, Brodnax, 
 Bunting, Carson, Councill, Craige, Cunningham, Darden, Dil- 
 lard, Durham, Greenlee, Grimes, Hargrove, Hearne, Henkel, 
 Hicks, Houston of Duplin, Howard, Johnston of Gaston, 
 Johnston of Mecklenburg, Jones of Caldwell, Leak of Richmond, 
 McDowell of Burke, McDowell of Madison, McNeilLof Cum- 
 berland, Meares, Moody, Moseley, Myers, Osborne, Penland, 
 Phifer, Reid, Rhodes, Royster, Shaw, Sprouse, Stewart, Strong, 
 Sutherland, Thornton, Tracey, Venable, Williams, Winslow, 
 Woodfin and Wooten — 50. 
 
 And the Convention adjourned. 
 
 IN CONVENTION, Friday, May 31, 1861. 
 The President called the Convention to order. Prayer by 
 Rev. Joseph M. Atkinson, of the Presbyterian Church. 
 The journal of yesterday was read and approved. 
 
1861.] STATE CONVENTION. 51 
 
 j\lr. Jones, of Rowan, from the committee appointed to inquire 
 into and report upon the constitutionality of an act of the last 
 session of the General Assembly, entitled "An Act to prevent 
 the sacrifice of property, and to suspend proceedings in certain 
 cases," made a report thereon, asking to he discharged from the 
 further consideration of the subject. The report was concurred 
 in, and the committee discharged. 
 
 Mr. Green introduced the following resolution : 
 
 Resolved^ That this Convention proceed to-morrow, at 12 
 o'clock, to elect five commissioners to represent the State of 
 North Carolina in the Congress of the Confederate States of 
 America. 
 
 Mr. Ilolden moved the following as a substitute therefor : 
 
 Resolved, That a committee be appointed to prepare and 
 report an ordinance providing for an election by the people of 
 this State of five delegates to the Confederate Congress, to be 
 elected by general ticket. 
 
 Mr. Ruffin moved to amend the substitute by striking out 
 "five" and inserting "ten," which was not agreed to. 
 
 Mr. Gorrcll moved to strike out "five" and insert "eight," 
 pending the consideration of which, on motion of Mr. Ferebee, 
 the subject was postponed until Monday, at 12 o'clock. 
 
 Mr. Badger ofilered the following, which was agreed to : 
 
 Resolved, That the Committee on Finance be instructed to 
 inquire into the expediency of altering, modifying, or abrogat- 
 ing the act passed at the late session of the General Assembly 
 providing for the issue of Treasury notes ; and that said com- 
 mittee report at as early a period as practicable, by ordinance 
 or otherwise. 
 
 The order of the day being then called for by Mr. Venable, 
 being the ordinance to ratify the Constitution of the Confede- 
 rate States, with the proposed amendments thereto, the pend- 
 ing question being the motion of Mr. Graham to postpone the 
 further consideration of the subject until the first Thursday in 
 August. 
 
 Mr. Smith, of Halifax, moved to postpone the same, and in 
 lieu thereof, that the Convention proceed to consider the ordi- 
 
52 JOURNAL OF THE [May 31, 
 
 nance to provide for the defense of the seaboard counties of the 
 State. On this question the ayes and noes were ordered, on 
 motion of Mr. Battle, of Wake, and resulted as follows : 
 
 Ayes — Messrs. Allison, Armfield, Badger, Barnes, Battle of 
 Wake, Bond, Brodnax, Calloway, Cannon, Christian, Councill, 
 Davidson, Dick, Dillard, Douthitt, Eller, Ellison, Ferebee, Foster 
 of Ashe, Foy, Fuller, Gilmer, Gorrell, Graham, Grimes, Hearne, 
 Headen, Holden, Jones of Caldwell, Jones of Rowan, Kittrell, 
 Long, Mann, Manning, McNeill of Cumberland, McNeill of 
 Harnett, Mebane, Miller, Mitchell, Pettigrew, Rayner, Sanders, 
 Shipp, Smith of Halifax, Smith of Johnston, Smith of Macon, 
 Speed, Sprouse, Spruill of Bertie, Spruill of Tyrrell, Thomas 
 of Carteret, Walton, Ward, Warren, Washington, Williams and 
 Wilson — 57. 
 
 Noes — Messrs. Arrington, Ashe, Batchelor, Battle of Edge- 
 combe, Berry, Biggs, Brown, Bunting, Carson, Craige, Cun- 
 ningham, Darden, Durham, Edwards, Green, Greenlee, Har- 
 grove Henkel, Hicks, Houston of Duplin, Houston of Union, 
 Howard, Johnston of Gaston, Johnston of Mecklenburg, Leak 
 of Anson, Leak of Richmond, McDowell of Bladen, McDowell 
 of Burke, McDowell of Madison, Meares, Merritt, Moody, 
 Moscley, Myers, Osborne, Patterson, Penland, Phifer, Reid, 
 Rhodes, Royster, Ruffin, Satterthwaite, Shaw, Stewart, Strong, 
 Sutherland, Thomas of Jackson, Thompson, Thornton, Tracey, 
 Turner, Venable, Whitford, Woodfin and Wooten — 55. 
 
 So the motion prevailed. 
 
 By consent, Mr. Arrington withdrew the ordinance heretofore 
 introduced by him, providing for the appointment of a Secretary 
 of War, and in lieu thereof, offered another ordinance on the 
 same subject, which passed its first reading, and was ordered to 
 lie on the table and be printed. 
 
 The ordinance for the seaboard defense being then under 
 consideration on its second reading, 
 
 Mr. Howard moved to amend by striking out all that part of 
 the same, between the words "railroad," and the words, "for 
 the exclusive," and inserting the following : " One regiment of 
 cavalry, one regiment of artillery, two regiments of rifles, and 
 three regiments of infantry," which was agreed to: 
 
1861.] STATE CONVENTION. 53 
 
 Mr. Howard also moved to amend by adding the words, "pro- 
 vided the said regiments can be raised in that portion of the 
 State," and also to strike out that part relating to the rendez- 
 vous, which were agreed to. 
 
 Mr. Howard now moved that the whole subject do lie on the 
 table, which was not agreed to. 
 
 On motion of Mr. Badger, the following amendment to the 
 ordinance was made : "Said regiments shall be considered a part 
 of, and not an addition to, to the volunteer forces, which the 
 Governor has been authorized to raise, by an act of the last 
 General Assembly. 
 
 Mr. Biggs moved that the subject lie on the table. 
 
 On this motion the ayes and noes were ordered, on motion of 
 Mr. Spruill, of Bertie, and resulted as follows : 
 
 Aye? — Messrs. Allison, Ashe, Batchelor, Battle of Edge- 
 combe, Biggs, Brodnax, Bunting, Craige, Cunningham, Dur- 
 ham, Edwards, Greenlee, Hargrove, Henkel, Houston of Duplin, 
 Howard, Johnston of Gaston, Jones of Rowan, McDowell of 
 Burke, McDowell of Madison, McNeill of Cumberland, Mc- 
 Neill of Harnett, Mitchell, Osborne, Patterson, Pcnland, Reid, 
 Rhodes, Royster, Ruffin, Stewart, Strong, Sutherland, Thomas 
 of Jackson, Thompson, Thornton, Tracy, Turner, Woodfin and 
 Wooten— 40. 
 
 Noes — Messrs. Arrington, Armfield, Badger, Barnes, Battle 
 of Wake, Berry, Bond, Calloway, Cannon, Carson, Christian, 
 Councill, Darden, Davidson, Dick, Dillard, Douthitt, Eller, 
 Ellison, Ferebee, Foster of Ashe, Foy, Gilmer, Graham, Green, 
 Grimes, Hearne, Headen, Hicks, Holden, Houston of Union, 
 Jones of Caldwell, Kittrell, Leak of Anson, Long, Mann, Me- 
 bane, Merritt, Miller, Moody, Pettigrew, Phifcr, Rajiier, San- 
 ders, Shaw, Smith of Halifax, Smith of Johnston, Smith of 
 Macon, Speed, Sprouse, Spruill of Bertie, Thomas of Carteret, 
 Vcnable, Walton, Ward, Warren, Washington, Whitford, Wil- 
 liams and Wilson — 60. 
 
 So the motion did not prevail. 
 
 Mr. Houston, of Duplin, moved that the whole subject be 
 referred to the Committee on Military Affiiirs, and on this 
 
54 JOURNAL OF THE [May 81, 
 
 question tlic ayes and noes were ordered, on motion of Mr. 
 Spruill, of Bertie, and resulted as follows : 
 
 Ayes — Messrs. Batclielor, Biggs, Brodnax, Carson, Craige, 
 Cunningliam, Darden, Durham, Edwards, Hargrove, Henkel, 
 Houston of Duplin, Howard, Johnston of Gaston, Johnston of 
 Mecklenburg, Jones of Bowun, McDowell of Burke, McDowell 
 of Madison, McNeill of Cumberland, McNeill of Harnett, 
 Miller, Osborne, Patterson, Rayner, Reid, Rhodes, Royster, 
 Ruffin, Shaw, Stewart, Strong, Sutherland, Thompson, Thorn- 
 ton, Tracy, Turner, Venable, Washington, Winslow, Woodfin 
 and Wooten — 41. 
 
 Noes — Messrs. Allison, Armfield, Arrington, Barnes, Battle 
 of Wake, Berry, Bond, Bunting, Calloway, Cannon, Christian, 
 Councill, Davidson, Dick, Dillard, Douthitt, Eller, Ellison, 
 Ferebee, Foster of Ashe, Foy, Gilmer, Gorrell, Graham, Green, 
 Greenlee, Grimes, Hearne, Headen, Hicks, Holden, Houston 
 of Union, Jones of Caldwell, Kittrell, Leak of Anson, Long, 
 Mann, Mebane, Merritt, Mitchell, Moody, Penland, Pettigrew, 
 Sanders, Smith of Halifax, Smith of Johnston, Smith of Macon, 
 Speed, Sprouse, Spruill of Bertie, Thomas of Carteret, Thomas 
 of Jackson, Walton, Ward, Warren, Whitford, Williams and 
 Wilson — 57. 
 
 So the motion to refer did not prevail. 
 
 Mr. Houston, of Duplin, offered the following amendment, 
 which was not agreed to : " Add to the 2^'^'oviso adopted on 
 motion of Mr. Howard, the following words : ' and if not, then 
 from any other part of the State.' " 
 
 Mr. Pvuffin moved to amend as follows : strike out the words, 
 "east of the Wilmington and Weldon Railroad," and insert 
 the words, lying on and east of the Wilmington and Weldon, 
 and the Seaboard and Roanoke Railroads," which was agreed to. 
 
 Mr. Thomas, of J., moved to strike out the Avord, " instruct- 
 ed," and insert tlie Avord, " requested," which was not agreed to. 
 
 Mr. Houston, of Duplin, offered the following amendment — 
 add as follows: "And that all the forces now raised within the 
 section of the State, included within the eastern division of the 
 State, and not assigned to any other service, shall be retained 
 for this service, and no other whatever," which was not agreed to. 
 
1861.] STATE CONVENTION. 55 
 
 The question now recurring on the passage of the ordinance 
 on its second reading, Mr. Thomas, of Jackson, called for the 
 ayes and noes, which beii^ ordered, resulted as follows : 
 
 Ayes — Messrs. Allison, Arnifield, Arrington, Barnes, Battle 
 of Wake, Berry, Bond, Calloway, Cannon, Christian, Davidson, 
 Dick, Dillard, Douthitt, Edwards, Eiler, Ellison, Ferebee, 
 Foster of Ashe, Foy, Gilmer, Gorrell, Graham, Green, Grimes, 
 Headen, Hicks, Holden, Jones of Caldwell, Kittrell, Long, 
 Mann, Mebane, Merritt, Moody, Osborne, Pettigrew, Sanders, 
 Smith of Halifax, Smith of Johnston, Smith of Macon, Speed, 
 Sprouse, Spruill of Bertie, Thomas of Carteret, Turner, Vena- 
 ble, Walton, Ward, Warren, Whitford and Wilson— 54. 
 
 Noes — Messrs. Batchelor, Biggs, Bunting, Carson, Craige, 
 Cunningham, Durham, Fuller, Greenlee, Hargrove, Hearne, 
 Ilenkel, Houston of Duplin, Houston of Union, Howard, 
 Johnston of Gaston, Johnston of IMecklenburg, Jones of Rowan, 
 McDowell of Burke, McDowell of Madison, McNeill of Cum- 
 berland, McNeill of Harnett, Miller, Moseley, Patterson, Pen- 
 land, Rayner, Rhodes, Royster, Ruffin, Shaw, Stewart, Strong, 
 Sutherland, Thomas of Jackson, Thornton, Tracy, Washington, 
 Williams, Winslow, Woodfin and Wooten — 42. 
 
 So the ordinance passed its second reading. 
 
 On motion, the Convention then proceeded to sit with closed 
 doors ; and after some time spent therein, the doors were opened 
 and the Convention adjourned. 
 
 IN CONVENTION, Saturday, June 1, 1861. 
 
 The President took the chair and called the Convention to 
 order. 
 
 The journal of yesterday was read and approved. 
 
 On motion of Mr. Leak, of Richmond, leave of absence was 
 granted t6 Mr. Myers, of Anson, for three days. 
 
 The President laid before the Convention a response from the 
 Secretary of State to a resolution of the Convention, relating 
 to the census statistics, which was ordered to lie on the table 
 and be printed. 
 
56 iTOURNAL OF THE [May 31, 
 
 Mr. Howard, from the Committee on Military Affairs, made 
 a report, -vvhich was ordered to lie on the table and be printed, 
 in confidence. 
 
 Mr. Batchelor offered the followinii; : 
 
 Resolved, That a committee be appointed to inquire into the 
 propriety of having the census of North Carolina published, 
 and*in what manner it should be done ; which, on motion of 
 Mr. Satterthwaite, Avas ordered to lie on the table. 
 
 Mr. Ruffin offered the following : 
 
 That it be referred to a select committee to inquire — first, 
 whether the Constitution ought not to be so amended as to 
 require that all bills should be read three times on three several 
 days, in each House of the General Assembly, before they 
 pass into laAvs : secondly, aught not the Constitution to be so 
 amended as to provide that the Governor shall hold his office 
 for the term of four years, and be ineligible for the succeeding 
 term, and so as also to vest in the Governor a qualified veto on 
 the acts of the General Assembly. 
 
 Mr. Osborne moved to amend by adding, " That said com- 
 mittee be instructed to inquire into the expediency of creating 
 the office of Lieutenant Governor," which amendment was 
 accepted by Mr. Ruffin, and the resolution was then agreed to, 
 
 Mr. Badger offered the following, which, on his motion, was 
 ordered to lie on the table and be printed : 
 
 Resolved, That the Constitution of the State ought to be 
 amended so as to provide that the ayes and noes shall not be 
 taken on any question in either house of the General Assembly, 
 unless the call for the same be seconded by one-fifth of the 
 members present. 
 
 Resolved, That a committee of five be appointed by the chair 
 to draw up and report an ordinance providing for the foregoing 
 amendment. 
 
 Mr. Ferebee offered the following, which was agreed to : 
 
 Resolved, That it ])e referred to a committee to inquire into 
 the propriety or expediency of the meeting of the General 
 Assembly, on the 25th instant, and that that committee be 
 instructed to report by ordinance or otherwise, at an early day. 
 
1861.] STATE CONVENTION. , .57 
 
 On motion of Mr. Johnston, of Mecklenburg, the ordinance 
 heretofore introduced by him to amend the f<ccond Section of 
 the fourth Article of the Amendments to the Constitution, was 
 then considere<l, being on its second reading. 
 
 Mr. Biggs moved to strike out all after the ordaining clause, 
 and inserting, "be abrogated and annulled." , 
 
 Pending the consideration of which, 
 
 On motion of Mr. Ferebee, the Convention adjourned until 
 Monday morning at 11 o'clock. 
 
 IN CONVENTION, Monday, June 3, 1861. 
 
 The hour having arrived, the President took the chair and 
 called the Convention to order. 
 
 At tlie request of the President praycv was oft'erod liy Rev. 
 William Hicks, of the M. E. Church, South, and Delegate to 
 the Convention from Haywood County. 
 
 The journal of Saturday was read and approved. 
 
 The President announced the following committees : 
 
 On the proposed Amendment to the Second Article of the Con- 
 stitution : Messrs. Ruffin, Osborne, Badger, Satterthwaite and 
 Winslow. 
 
 On the meeting of the General Assembly on the 25iA instant: 
 Messrs. Ferebee, McNeill of Cumberland, Reid, Lander and 
 Headen. 
 
 Mr. Osborne offered the following : 
 
 Resolved, That a committee be appointed to inquire into the 
 expediency of amending the Constitution so as to require the 
 General Assembly to meet annually, and that its sessions be 
 limited to a fixed period, and that the apportionment of mem- 
 bers thereof be made every ten years. 
 
 Mr. Battle, of Wake, moved to amend by adding: "Also, 
 that said committee inquire into the propriety of annual elec- 
 tions of the members of the General Assembly," which "wai 
 accepted by Osborne, and the resolution was agreed to. 
 8 
 
')8 JOURNAL OF THE [Junk :!, 
 
 Mr. Leak, of Riclmiond, offered the following, which lies 
 over day under the rule : 
 
 Resolved, That during the remainder of the session the Con- 
 vention shall meet at 10 o'clock, A. M., and adjourn at 1 o'clock, 
 P. M., and shall meet again at 3 P. M., and adjourn at 6 P. M. 
 
 Mi;. Gorrell offered the following, Avhich was agreed to : 
 
 Resolved, That His Excellency, the Governor, be requested 
 to fm-nish to this Convention a copy of the rules, regulations 
 and penalties, and the articles of war of the army of the Con- 
 federate States of America. 
 
 Mr. Graham offered the following, which was agreed to : 
 
 Resolved, That the committee on Military Affairs be instructed 
 to inquire whether it is expedient to continue the enlistment oi' 
 State troops, under the recent act of the General Assembly 
 to raise ten thousand men ; or whether the levies of the State 
 should not be directed to the raising of volunteers or other 
 militia forces, to be mustered into the service of the Confeder- 
 ate States. 
 
 Resolved, That said committee further inquire, what number 
 of forces of all arms, and of each several arm of the service, 
 it is expedient for North Carolina to raise immediately, con- 
 sidering her relations to the Government of the Confederate 
 States and the proportions in which each State should contribute 
 to the common defense. 
 
 Resolved, That His Excellency, the Governor, be requested 
 to furnish this Convention with copies of every requisition for 
 troops which he has made, by the authority of the Confederate 
 States. 
 
 Mr. Pettigrew offered the following resolution, Avhich Avas 
 agreed to : 
 
 Resolved, That the Governor be, and he is hereby requested, 
 to furnish to the Convention, as early as the information can 
 be obtained, as to what quantity and description of arms, in 
 addition to those now in the State, would be required to arm 
 the militia of North Carolina, nnd that said information be 
 communicated in secret session. 
 
 Mr, Howard offered tlie followin», which was agreed to : 
 
1661.] STATE CONVENTION. 59 
 
 Resolved, That the coiiiiuittee to be appointed on the resolu- 
 tion introduced this morning by Mr. Osborne, be instructed to 
 inquire into the propriety of a new apportionment of the mem- 
 bers of the House of Commons, and Senatorial districts, by 
 the General Assembly, and report by ordinance or otherwise. 
 
 The hour having arrived for the consideration of the special 
 order, being the resolution of Mr. Green and the amendments 
 thereto, the pending (juestion being on the amendment of Mr. 
 Gorrell, to strike out "five," and insert "eight :" 
 
 Mr. Venablc moved to postpone the same for the purpose of 
 considering the ordinance to ratify the Constitution of the 
 Confederate States of America, which was agreed to. 
 
 The question pending was the motion of Mr. Graham to 
 postpone the further consideration of the subject until the first 
 Monday in August next, and after some time spent thereon, 
 
 Mr. Pettigrew moved that the Convention adjourn, and it 
 was not agreed to. 
 
 Mr. Thomas, of Jackson, moved that the Convention resolve 
 itself into a Committee of the Whole, for the purpose of con- 
 sidering the pending question, which motion was not concur- 
 red in. 
 
 And then, on motion of Mr. Graham, the Convention ad- 
 journed. 
 
 IN CONVENTION, Tuesday, June I, 1861. 
 
 The President took the chair and called the Convention to 
 order. 
 
 Prayer by the Rev. Joel W. Tucker, of the M. E. Churcli, 
 South. 
 
 The journal of yc.-^terday w^as read and approved. 
 
 Mr. Badger offered the following additional rules : 
 
 After the journal is read, the President shall first call for 
 petitions, and then for reports from committees, after which 
 resolutions and proposed ordinances shall be in order. 
 
 Every resolution and every report of a committee .shall lie- 
 one day for consideration. 
 
60 JOURNAL OF THE [June 4, 
 
 A motion that the Convention go into secret session shall be 
 in order after the call for resolutions and proposed ordinances, 
 and shall be decided ^Yithout debate. 
 
 All proposed ordinances shall, after the first reading, be 
 printed for the use of ,the Convention, but no other paper or 
 document shall be printed for the use of the Convention with- 
 out special order. 
 
 The President shall not call for the orders of the day until 
 one hour after the meeting of the Convention, but -when the 
 time shall have arrived for the consideration of a special order, 
 it shall be the duty of the chair to take up such special order, 
 and the Convention shall proceed to consider it, unless it be 
 postponed by a vote of the Convention. 
 
 When two or more subjects shall be assigned for the same 
 hour, they shall take precedence according to the time at which 
 they shall be assigned. 
 
 Special orders shall have precedence of. general orders, and 
 shall not lose their position as such, nor their relative position 
 on the calendar, unless by vote of the Convention, until finally 
 disposed of; and amongst these orders, general or special, the 
 unfinis]^ed business upon which the Convention shall have been 
 engaged at the last preceding adjournment, shall have the 
 preference. 
 
 The titles of ordinances, and such parts thereof only as 
 shall be afiected by proposed amendments, shall be- inserted on 
 the journal. 
 
 Before any ordinance or resolution, having the force of law, 
 shall be presented for the signature of the President, the saiiffe 
 shall be fairly enrolled under tlie direction of the Secretary, 
 and such enrollment shall be carefully compared and examined 
 with the ordinance or resolution passed by the Convention and 
 reported to be duly enrolled by a committee consisting of two 
 members, to be appointed by the President, to he cnlled " the 
 Committee on Enrollments." 
 
 No proposed ordinance nor resolution, or other paper pending 
 in the Convention, shall fall or be lost by reason of any 
 recess or adjournment over, but the same shall be resumed an,d 
 
1861.] STATE CONVENTION. 61 
 
 acted upon at the reassembling of the Convention, in the same 
 manner as if such ncljournment or recess had not taken place. 
 
 The Secretary shall weekly prepare a statement or calendar, 
 showing the condition and order of the business before the 
 Convention, and shall have the same printed for the use of the 
 members. 
 
 lie also moved to amend the last rule now in force in the 
 Convention, by inserting after the word "alteration,'' the word;?, 
 "nor shall any rule be suspended." 
 
 The President announced the following committees : 
 
 On Annual Elections and Sessions of the General Assembly : 
 jMessrs. Howard, Osborne, Battle of Wake. Thornton and 
 Gilmer. 
 
 On the 46^/i Section of the Constitution : Messrs. Rayner, 
 Merritt, Berry, Royster and Hicks. 
 
 On motion of Mr. Ellison, the resolution lierctoforc intro- 
 duced by him, in relation to the time of holding the daily ses- 
 sions of the Convention, was taken up for consideration. 
 
 Mr. Jones, of Rowan, moved to amend by striking out that 
 part relating to afternoon sessions, which was not agreed to. 
 
 The resolution was then amended so as to provide that the 
 sessions shall commence at 10 o'clock, A. M., with a recess 
 from 2 to 4, P. M. 
 
 The question now recurring upon the adoption of the reso- 
 lution as amended, the ayes and noes were ordered, on motion 
 of Mr. Ellison, and resulted as follows : 
 
 Ayes — Messrs. Allison, Arrington, Armfield, Ashe, Batch- 
 elo^ Battle of Edgecombe, Battle of Wake, Berry,, Biggs, 
 Bond, Brodnax, Brown, Bunting, Calloway, Cannon, Carson, 
 Christian, Councill, Craige, Cunningham, Darden, Davidson, 
 Dick, Dillaid, Douthitt, Durham, Eller, Ellison, Ferebee, Fos- 
 ter of Ashe, Foy, Fuller, Gorrell, Graham, Green, Greenlee, 
 Grimes, Ilamlin, Hargrove, Hearne, Ilcaden, Henkel, Hicks, 
 Houston of Duplin, Houston of Union, Howard, Johnston of 
 Gaston, Johnston of Mecklenburg, Jones of Caldwell, Lander, 
 Leak of Anson, Leak of Richmond, Long, Mann, McDowell of 
 Bladen, McDowell of Burke, McDowell of Madison, xMcNeill 
 
62 JOURNAL OF THE [June 4, 
 
 of Cumberland, McNeill of Harnett, Miller, Mitchell, Mood}', 
 Moseley, Myers, Patterson, Phifer, Reid, Rhodes, Royster, 
 Sanders, Satterthwaite, Shaw, Smith of Halifax, Smith of Macon. 
 Speed, Sprouse, Spruill of Bertie, Spruill of Tyrrell, Stewart, 
 Sutherland, Thomas of Carteret, Thompsoli, Thornton, Tracy, 
 Turner, Venable, Ward, Warren, Washington, Wilson and 
 Wooten— 92. 
 
 Noes — Messrs. Badger, Edwards, Gilmer, Holden, Jones of 
 Rowan, Meares, Osborne, Penland, Pettigrew, Rayner, Ruffin, 
 Shipp, Smith of Johnston and Whitford — 14. 
 
 So the resolution was agreed to. 
 
 Mr. Hicks offered the following, which was agreed to : 
 
 Resolved, That a committee of five be appointed to inquire 
 into the propriety of so changing the Constitution of the State as 
 to declare that those who have not reached the age of twenty-one 
 years are ineligible to a seat in the lower branch of the General 
 Assembly, and that those who are under the age of twenty-five 
 years are ineligible to a seat in the Senate of the said General 
 x\ssembly. 
 
 Mr. Speed offered the foUoAving, which was agreed to : 
 
 Resolved, That the committee on the election and sessions of 
 the General Assembly be instructed to inquire into the expedi- 
 ency of so amending the State Constitution as to reduce the 
 number of the Senate to thirty-two, and the classification of the 
 same so as to elect one-third every two years, so that the entire 
 body will be changed every six years ; if the elections for the 
 House of Commons be biennially, or so that one-fourth shall 
 be elected every year ; if the elections of the House of Com- 
 mons be annually, so that the entire body shall be changed 
 every four years. Also to inquire into the expediency of reduc- 
 ino; the number of the- House of Commons to one hundred. 
 
 Mr. Stewart offered the following, which lies over one day, 
 under the rules: 
 
 Resolved^ That no member shall be allowed to speak longer 
 than twenty minutes on any subject until the permanent Consti- 
 tution, the defense of the State, and the election of delegates 
 to the Southern Congress shall have been disposed of. 
 
18fil.] STATE CONVENTION. G:i 
 
 Mr. Ward offered the f<dlowinir : 
 
 Resolved., That from and after Monday next, 10th instant, 
 this Convention take a recess until the 22d of July, unless sooner 
 convened by the proclamation of the President. 
 
 Mr. Hicks moved to amend by striking out the words, "'22nd 
 of July," and inserting the words, "first Monday in October." 
 
 Mr. Pettigrew moved that the whole subject lie on the table, 
 on which the ayes and noes were ordered on motion of Mr. 
 Foy, and resulted as follows : 
 
 Ayes— Messrs. Allison, Arrington, Armfield, Badger, Batch- 
 elor, Battle of Edgecombe, Battle of Wake, Berry, Biggs, 
 Bond, Cannon, Carson, Council!, Dick, Douthitt, Edwards, 
 Ferebee, Fuller, Gilmer, Gorrell, Graham, Hamlin, Ileaden, 
 Holden, Jones of Caldwell, Jones of Rowan, Kittrell, Lander. 
 Long, Mitchell, Myers, Osborne, Penland, Pettigrew, Phifei-. 
 Rayner, Ruffin, Sanders, Satterthwaite, Smith of Halifax, 
 Smith of Johnston, Smith of Macon, Sprouse, Spruill of Bertie. 
 Spruill of Tyrrell, Thomas of Carteret, Turner, Warren, Wash- 
 ington, Wilson and Woodfin — 51. 
 
 Noes— Messrs. Ashe, Brodnax, Brown, Bunting, Calloway. 
 Christian, Craige, Cunningham, Darden, Davidson, Dillard. 
 Durham, J]ller, Ellison, Foster of Ashe, Foy, Green, Greenlee, 
 Hargrove, Hearne, Henkel, Hicks, Houston of Duplin, Houston 
 of Union, Howard, Johnston of Gaston, Johnoton of Mecklen- 
 burg, Leak of Anson, Leak of Richmond, Mann, McDowell of 
 Bladen, McDowell of Burke, McDowell of Madison, Mc- 
 Nfeill of Cumberland, McNeill of Harnett, Moody, Mosely, Reid, 
 Rhodes, Royster, Shaw, Speed, Stewart, Sutherland, Thompson! 
 Tl;ornton, Tracey, Venable, Walton, Ward a,nd Wooten— 58. 
 
 So the motion did not prevail. 
 
 Mr. Graham moved that the subject be referred to a select 
 committee ; pending the consideration of which. 
 
 On motion, the lobbies and galleries were cleared, and the Con- 
 vention sat with closed doors. 
 
 After some time spent therein, the doors were opened, and 
 the Convention proceeded to the consideration of the ordinance 
 to ratify the Constitution of the Confederate States of America, 
 
'64 JOURNAL OF TllJE [June 5, 
 
 and the amendments thereto proposed — the pending question 
 being on the motion of Mr. Graham to postpone the further 
 consideration of the subject until the first Monday in August 
 next. » 
 
 Without arriving at any conclusion thereon, by consent, 
 Mr. Rayner, from the Committee on Finance, to whom was 
 referred an ordinance to provide for a Board of Claims, reported 
 the same back to the Convention, with a proposed substitute 
 therefor, which said substitute the committee recommended 
 should pass. 
 
 The substitute then passed its first reading. 
 The President announced the following committee : 
 On Ceding the Arsenal^ at Fayetteville, to the Confederate 
 States : Messrs. Craige, Woodfin, Graham, Kittrell and McNeill 
 of Cumberland. 
 
 On motion of Mr. Badger, the Convention adjourned. 
 
 IN CONVENTION, Wednesday, June 5, 1861. 
 
 The President took the chair and called the Convention to 
 order. Prayer by the Rev. C. D. Smith, of the M. E. Church, 
 South, and a Delegate from the county of Macon. 
 
 The journal of yesterday was read and approved. 
 
 John L. Holmes, Delegate from New Hanover, elected to fill 
 the vacancy created by the resignation of Col. Robert H. Cowan, 
 appeared, produced his credentials, and took his seat in the 
 Convention. 
 
 On motion of Mr. Badger, the additional rules proposed .by 
 him on yesterday, were taken up and agreed to, and the Secre- 
 tary was instructed to have the entire rules numbered and printed 
 for the use of the Convention. 
 
 Mr. Stewart called up his resolution proposing to limit the 
 speeches of members until certain business is disposed of; 
 Avhereupon the same was ordered to lie on the table by a vote 
 taken by ayes and noes, on the motion of Mr. Armfield, as fol- 
 lows : 
 
1861.] STATE CONVENTION. Cr, 
 
 Ayes — Messrs. AJlisori, ArriDgton. Armfield, Badger, Barnes, 
 Battle of Wake, Berry, Bond, Brown, Calloway, Cannon, 
 Christian, Davidson, Dick, Douthitt, Edwards, Eller, Ferebee, 
 Foster of Ashe, Foy, Gilmer, Gorrell, Graham, Hamlin, Hearne, 
 Headen, Holden, Jones of Caldwell, Jones of Rowan, Long, 
 Manning, McNeill of Harnett, Merritt, Mitchell, Osborne, 
 Penland, Pettigrcw, Phifer, Rayner, Ruffin, Sanders, Satter- 
 thwaite. Smith of Halifux, Smith of Johnston, Smith of Macon, 
 Speed, Sprouse, Spruill of Bertie, Spniill of Tyrrell, Strong, 
 Thomas of Carteret, Thornton, Turner, Venable, Walton, 
 Warren, Washington, Whitford, Wilson and Woodfin — 60. 
 
 Noes — Messrs. Ashe, Batchelor, Battle of Edgecombe, Biggs, 
 Brodnax, Bunting, Carson, Councill, Cunningham, Darden, 
 Dillard, Durham, Ellison, Fuller, Green, Greenlee, Grimes, 
 Hargrove, Heiikcl, Hicks, Holmes, Houston of Duplin, Hous- 
 ton of Union, Johnston of Gaston, Johnston of Mecklenburg, 
 Lander, Leak of Anson, Leak of Richmond, Mann, McDowell 
 of Bladen, McDowell of Burke, McDowell of Madison, Mc- 
 Neill of Cumberland, Miller, Moody, Moseley, Myers, Patter- 
 son, Reid, Rhodes, Royster, Stewart, Sutherland, Thompson, 
 Tracy, Ward, Williams and Wooten — -50. 
 
 On motion of Mr. Craige, the Convention proce'cded to sit 
 with closed doors; and after some time spent therein, the doors 
 were opened, and the Convention proceeded with business in 
 open session. 
 
 The President announced the following Committee on Enrol- 
 ments: Messrs. Strong and Battle, of Wake. 
 
 The unfinished business of yesterday, being tlie ordinance to 
 ratify the Constitution of the Confederate States, was then 
 taken up for consideration, pending which, 
 
 Mr. Ruffiin moved that the Convention adjourn. On this 
 question the ayes and noes were ordered, on motion of Mr. 
 Cunningham, and resulted as follows : 
 
 Ayes— Messrs. Allison, Armfield, Badger, Barnes, Batchelor, 
 
 Battle of Wake, Berry, Bond, Calloway, Cannon, Davidson, 
 
 Dick, Edwards, Ellison, Ferebee, Gilmer, Gorrell, Graham, 
 
 Hamlin, Headen, Holden, Jones of Rowan, Leak of Anson, 
 
 9 
 
66 JOURNAL OF THE [June 5, 
 
 Long, Mann, Manning, McNeill of Cumberland, McNeill of Har- 
 nett, Merritt, Mitchell, Osborne, Penland, Pettigrew, Rayner, 
 Ruffin, Satterthwaite, Smith of Halifax, Smith of Johnston, 
 Spruill of Bertie, Spruill of Tyrrell, Sutherland, Thomas of 
 Car., Walton, Warren, Washington, Whitford and AVooten — 48. 
 Noes — Messrs. x\rrington, Ashe, Battle of Edgecombe, Biggs, 
 Brodnax, Brown, Bunting, Carson, Councill, Craige, Cunning- 
 ham, Darden, Dillard, Douthitt, Durham, Foster of Ashe, Foy, 
 Fuller, Green, Greenlee, Grimes, Hargrove, Hearne, Henkel, 
 Hicks, Holmes, Houston of Duplin, Houston of Union, Howard, 
 Johnston of Gaston, Jones of Caldwell, Lander, Leak of Rich- 
 mond, McDowell of Bladen, McDowell of Burke, McDowell of 
 Madison, Miller, Moody, Moseley, Myers, Phifer, Reid, Rhodes, 
 Royster, Sanders, Shaw, Smith of Macon, Stewart, Strong, 
 Thompson, Thornton, Tracy, Turner, Venable, Ward and Wil- 
 liams — 56. 
 
 So the Convention refused to adjourn. 
 After further consideration, 
 
 Mr. Gilmer moved that the Convention adjourn ; and on this 
 question the ayes and noes were ordered on motion of Mr. Leak, 
 of Richmond, and resulted as follows : 
 
 Ayes — Messrs. Allison, Badger, Barnes, Berry, Bond, Cal- 
 loway, Cannon, Davidson, Dick, Douthitt, Edwards, Eller, 
 Ellison, Ferebee, Foy, Gilmer, Graham, Hamlin, Headen, Hol- 
 den, Johnston of Mecklenburg, Jones of Caldwell, Jones of 
 Rowan, Lander, Leak of Anson, Mann, Manning, McNeill of 
 Cumberland, Merritt, Mitchell, Osborne, Penland, Pettigrew, 
 Rayner, Satterthwaite, Shipp, Smith of Halifax, Smith of 
 Johnston, Smith of Macon, Speed, Spruill of Bertie, Spruill 
 of Tyrrell, Sutherland, Thomas of Carteret, Walton, Warren, 
 Whitford, Wilson and Woodfin — 50. 
 
 Noes — Messrs. Arrington, Ashe, Batchelor, Battle of Edge- 
 combe, Battle of Wake, Biggs, Brodnax, Brown, Bunting, 
 Carson, Christian, Councill, Craige, Cunningham, Darden, 
 Dillard, Durham, Foster of Ashe, Fuller, Greenlee, Grimes, 
 Hargrove, Hearne, Henkel, Hicks, Holmes, Houston of Union, 
 Howard, Johnston of Gaston, Leak of Richmond, McDowell of 
 
1861.] STATE CONVENTION. 6T 
 
 Bladen, McDowell of Burke, McDowell of INIadison, McNeill 
 of Harnett, Miller, Moody, Moseley, Myers, Phifer, Reid, 
 Rhodes, Royster, Sanders, Shaw, Stewart, Strong, Thomp- 
 son, Thornton, Tracy, Turner, Venable, Ward, Williams and 
 Wooten — 54. 
 
 After debate, on motion of Mr. Satterthwaite, the further con- 
 sideration of the subject was postponed until to-morrow at 11 
 o'clock. 
 
 And then, on motion of Mr. Badger, the Convention adjourned. 
 
 IN CONVENTION, Thursday, June 6, 1861. 
 
 The hour having arrived, the President took the chair and 
 called the Convention to order. Prayer by Rev. P. C. Henkel, 
 of ^the Lutheran Church, and member from Catawba County. 
 
 The journal of yesterday was read and approved. 
 
 Mr. Biggs offered the following, which lies over one day under 
 the rules : 
 
 Resolved, That this Convention, on the next, at six 
 
 o'clock, A. M., will adjourn its present session and take a recess 
 until the first Monday in October next, at which time it will 
 again convene : Provided, horvever, It may be sooner convened 
 by the proclamation of the President or any five members of 
 the Convention, in case of the death of the President. 
 
 Mr. Biggs offered the following, which passed its first reading : 
 
 Resolved, That the resolution of the General Assembly 
 adjourning the extra session thereof until the 25th instant, be 
 and the same is hereby repealed, and the said General Assem- 
 bly shall meet in regular session at such time, during this year, 
 as may be appointed by the Governor, of which he shall make 
 proclamation. 
 
 Resolved further, That the Governor shall, by proclamation, 
 immediately notify the members of the General Assembly of 
 the adoption of the above resolution. 
 
 Mr. Smith, of Macon, offered the following, which was 
 agreed to : 
 
68 JOURNAL OF THE [June 6, 
 
 Resolved, That the Committee on Finance be instructed to 
 inquire into the claims of Sheriffs for holding elections of mem- 
 bers of the State Convention, and report an ordinance provid- 
 ing for their payment. 
 
 Mr. "Wilson offered a resolution proposing a change in the 
 Constitution, so as to elect Justices of the Peace by the qualified 
 voters of the House of Commons, limiting their terms of ser- 
 vice, &c., which lies over one day under the rule. 
 
 Mr. Hamlin offered a resolution proposing to change the 
 Constitution, so as to allow citizen soldiers to vote for certain 
 officers any where in the State ; which lies over one day under 
 the rule. 
 
 Mr. Smith, of Johnston, offered a resolution on the same 
 subject, which lies over one day also. 
 
 Mr. Armfield introduced a resolution in the nature of an 
 ordinance, proposing to strike out that part of the State Con- 
 stitution which prohibits "Clergymen and preachers of the 
 Gospel" from holding office as members of the General Assem- 
 bly or Councillors of State ; which lies over one day under the 
 rule. 
 
 On motion of Mr. Green, the Convention then went into the 
 consideration of the resolution and amendments relating to 
 the election of Delegates to the Confederate Congress ; the 
 question being the motion of Mr. Gorrell to strike out "five" 
 and insert "eight." 
 
 After consideration, the motion to amend the amendment 
 prevailed. 
 
 The hour of 11 o'clock having arrived, the Convention pro- 
 ceeded to the special order set therefor, the same being the 
 ordinance to ratify the Constitution of the Confederate States ; 
 the pending question being the motion of Mr. Graham to post- 
 pone the subject until the first Monday in August next, and the 
 same was considered until the hour arrived for a recess until 
 four o'clock, P. M. 
 
1861.] STATE CONVENTION. 69 
 
 4 O'clock, P. M. 
 
 The Convention having re-assembled, the President laid before 
 the Body a communication from His Excellency, the Governor, 
 in response to a resolution, transmitting a copy of the " Arti- 
 cles of War for the government of the Army of the Confeder- 
 ate States," which was ordered to lie on the table. 
 
 The Convention then resumed the business last considered at 
 the morning session, and after some time spent therein, by gen- 
 eral consent, Mr. Graham withdrew the pending amendment, 
 and in lieu thereof, introduced the following : " Provided, 
 That full provision be made for the representation of North 
 Carolina, in proportion to her population, as compared with 
 that of the other States, in the election of electors for Presi- 
 dent and Vice President and members of Congress, in the elec- 
 tion to be held prior to putting in operation the government 
 established by said Constitution. 
 
 On this question the ayes and noes were ordered, on motion 
 of Mr. Graham, and resulted as follows : 
 
 Ayes — Messrs. Allison, Armfield, Battle of Wake, Berry, 
 Bond, Calloway, Cannon, Cliristian, Davidson, Dick, Douthitt, 
 Eller, Ellison, Eerebee, Gilmer, Gorrell, Graham, Holden, 
 Jones of Caldwell, Kittrell, Long, Mann, Manning, Myers, Pet- 
 tigrew, Rayner, Sanders, Smith of Johnston, Speed, Sprouse, 
 Spruill of Bertie, Spruill of Tyrrell, Thomas of Carteret, War- 
 ren, Washington and Wilson — 36. 
 
 Noes — Messrs. Arrington, Aslie, Badger, Barnes, Batchelor, 
 Battle of Edgecombe, Biggs, Brodnax, Brown, Bunting, Carson, 
 Councill, Craige, Cunningham, Darden, Dillard, Durham, Ed- 
 wards, Foster of Ashe, Fuller, Green, Greenlee, Grimes, Hamlin, 
 Hargrove, Hearne, Headen, Henkel, Hicks, Holmes, Houston 
 of Duplin, Houston of Union, Howard, Johnston of Gaston, 
 Jolmstoii of Mecklenburg, Jones of Rowan, Lander, Leak of 
 Anson, Leak of Richmond, McDowell of Bladen, McDowell 
 of Burke, McDowell of Madison, McNeill of Cumberland, 
 McNeill of Harnett, Mearcs, Mebane, Merritt, Miller, Mitchell, 
 Moody, Moseley, Osborne, Patterson, Penland, Phifer, Reid, 
 Rhodes, Roystcr, Rufiin, Satterthwaite, Shaw, Shipp, Smith of 
 
70 JOURNAL OF THE [June 6, 
 
 Halifax, Smith of Macon, Stewart, Strong, Sutherland, Thomas 
 of Jackson, Thompson, Thornton, Tracy, Turner, Venable, 
 Walton, Ward, Whitford, AVilliams, Woodfin and Wooten— 79. 
 
 So the amendment did not prevail. 
 
 The amendment of Mr. Dick having been, by consent, with- 
 drawn temporarily, to make the foregoing amendment of Mr. 
 Graham in order, was now renewed, and on its adoption the 
 ayes and noes were ordered, on motion of Mr. Dick, and 
 resulted as follows : 
 
 Ayes — Messrs. Allison, Armfield, Battle of Wake, Berry, 
 Bond, Calloway, Cannon, Christian, Councill, Davidson, Dick, 
 Douthitt, Eller, Ellison, Ferebee, Gilmer, Gorrell, Graham, 
 Headen, Holdcn, Jones of Caldwell, Kittrell, Long, Mann, Man- 
 ning, Merritt, Mitchell, Sanders, Smith of Johnston, Smith of 
 Macon, Speed, Sprouse, Spruill of Bertie, Spruill of Tyrrell, 
 Thomas of Carteret, Walton, Warren and Wilson — 38. 
 
 Noes — Messrs. Arrington, Ashe, Badger, Barnes, Batchelor, 
 Battle of Edgecombe, Biggs, Brodnax, Brown, Bunting, Car- 
 son, Craige, Cunningham, Darden, Dillard, Durham, Edwards, 
 Foster of Ashe, Foy, Fuller, Green, Greenlee, Grimes, Hamlin, 
 Hargrove, Hearne, Henkel, Hicks, Holmes, Houston of Duplin, 
 Houston of Union, Howard, Johnston of Gaston, Johnston of 
 Mecklenburg, Jones of Rowan, Lander, Leak of Anson, Leak 
 Richmond, McDowell of Bladen, McDowell of Burke, McDowell 
 of Madison, McNeill of Cumberland, McNeill of Harnett, 
 Meares, Mebane, Miller, Moody, Moseley, Myers, Osborne, 
 Patterson, Penland, Phifer, Ptayner, Reid, Rhodes, Royster, 
 Ruffin, Satterthwaite, Shaw, Shipp, Smith of Halfax, Stewart, 
 Strong, Sutherland, Thomas of Jackson, Thompson, Thornton, 
 Tracy, Turner, Venable, Ward, Washington, Whitford, Wil- 
 liams, Woodfin and Wooten — 75. 
 
 So the amendment was not agreed to. 
 
 Mr. Warren offered the following amendment, to come in at 
 the end of the ordinance : 
 
 " Declaring, nevertheless, that as the power conferred through 
 said Constitution on the Confederate Government emanates from 
 
1861.] STATE CONVENTION. 71 
 
 the people of the several States in their separate sovereign 
 capacity, said powers may be rescinded in the same manner in 
 which they are delegated, whenever they shall be perverted to 
 the injury of the people ; each State, by her delegates in Con- 
 vention, having the right to judge of the occasion that may 
 require such action." 
 
 On this question the ayes and noes were ordered, on motion 
 of Mr. Warren, and resulted as follows : 
 
 Ayes — .Messrs. Allison, Barnes, Batchelor, Battle of Edge- 
 combe, Battle of Wake, Bond, Calloway, Cannon, Christian, 
 Councill, Dillard, Ellcr, Green, Ilicks, Houston of Duplin, 
 jNIann, McDowell of Bladen, Mitchell, Moseley, Shaw, Speed, 
 Spruill of Bertie, Strong, Thompson, Warren and Whitford — 20. 
 
 Noes — Messrs. Armfield, Arrington, Ashe, Badger, Berry, 
 Biggs, Brodnax, Brown, Bunting, Carson, Craige, Cunningham, 
 Darden, Davidson, Dick, Douthitt, Durham, Edwards. Ellison, 
 Ferebee, Foster of Ashe, Fuller, Gilmer, Gorrell, Graham, 
 Greenlee, Grimes, Hamlin, Hargrove, Hearne, Headen, Henkel, 
 Holden, Holmes, Houston of Union, Howard, Johnston of Gas- 
 ton, Johnston of Mecklenburg, Jones of Caldwell, Jones of 
 Rowan, Kittrell, Lander, Leak of Anson, Leak of Richmond, 
 Long, Manning, McDowell of Burke, McDowell of Madison, 
 McNeill of Cumberland, McNeill of Harnett, Meares, Mebane, 
 Merritt, Miller, INIoody, Myers, Osborne, Penland, Pettigrew, 
 Phifer, Rayner, Reid, Rhodes, Royster, Ruffin, Sanders, Satter- 
 thwaite, Shipp, Smith of Plalifax, Smith of Johnston, Smith of 
 Macon, Sprouse, Spruill of Tyrrell, • Stewart, Sutherland, 
 Thomas of Carteret, Thomas of Jackson, Thornton, Tracy, 
 Turner, Venable, Walton, Ward, Washington, Williams, Wilson, 
 Woodfin and Wooten— 88. 
 
 So the amendment was not agreed to. 
 
 The question then recurring on the amendment recommended 
 by the committee. 
 
 Mr. Ruffin moved to amend the same by adding to the first 
 clause thereof, the words, " the terms of Avhich appears in a 
 schedule hereto annexed," which was agreed to. 
 
72 JOURNAL OF THE [June 6, 
 
 As amended, the amendment proposed l)y the committee was 
 then agreed to, upon a call of the ayes and noes, ordered on 
 the motion of Mr. Spruill, of Bertie, as follo^YS : 
 
 Ayes — Messrs. Allison, Arrafield, Badger, Barnes, Batchelor, 
 Battle of Edgecombe, Battle of Wake, Berry, Bond, Brodnax, 
 Brown, Cannon, Christian, Cunningham, Darden, Davidson, 
 Dick, Douthitt, Eller, Ellison, Ferebee, Fuller, Gilmer, Gorrell, 
 Graham, Grimes, Hearne, Headen, Hicks, Holden, Houston of 
 Union, Howard, Johnston of Mecklenburg, Jones of Caldwell, 
 Jones of Bowan, Kittrell, Leak of Anson, Leak of Ricnmond, 
 Long, Mann, Manning, McDowell of Madison, McNeill of 
 Harnett, Mebane, Merritt, Mitchell, Myers, Osborne, Patter- 
 son, Penland, Pettigrew, Phifer, Ra3mer, Rhodes, Ruffin, San- 
 ders, Satterthwaite, Shipp, Smith of Halifax, Smith of John- 
 ston, Smith of Macon, Speed, Sprouse, Spruill of Bertie, 
 Spruill of Tyrrell, Stewart, Strong, Thomas of Carteret, 
 Thomas of Jackson, Turner, Walton, Warren, Washington, 
 Whitford and Wilson— 76. 
 
 Noes — Messrs. Arrington, Ashe, Biggs, Bunting, Calloway, 
 Carson, Councill, Craige, Dillard, Durham, Edwards, Foster of 
 Ashe, Foy, Green, Greenlee, Hamlin, Hargrove, Henkel, 
 Holmes, Houston of Duplin, Johnston of Gaston, McDowell of 
 Bladen, McDowell of Burke, McNeill of Cumberland, Meares, 
 Miller, Moody, Moseley, Reid, Royster, Shaw, Sutherland, 
 Thompson, Tliornton, Tracy, Venable, Ward, Williams, AYins- 
 low, Woodfin and Wooten — 41. 
 
 The question then recurring upon the ordinance as amended, 
 the ayes and noes were ordered, on motion of Mr. Spruill, of 
 Bertie, and resulted as follows, being unanimously in the affir- 
 mative : 
 
 Ayes — Messrs. Allison, Arrington, Armfield, Ashe, Badger, 
 Barnes, Batchelor, Battle of Edgecombe, Battle of Wake, 
 Berry, Biggs, Bond, Brodnax, Brown, Bunting, Calloway, Can- 
 non, Carson, Christian, Councill, Craige, Cunningham, Darden, 
 Davidson, Dick, Dillard, Douthitt, Durham, Edwards, Eller, 
 Ellison, Ferebee, Foster of Ashe, Foy, Fuller, Gilmer, Gorrell, 
 Graham, Green, Greenlee, Grimes, Hiimlin, Hargrove, Hearne, 
 
1861.] STATE CONVENTION. 73 
 
 Ileaden, Henkel, Hicks, Ilolden, Holmes, Houston of Duplin, 
 Houston of Union, Howard, Johnston of Gaston, Johnston of 
 Mecklenburg, Jones of Caldwell, Jones of Rowan, Kittrell, 
 Lander, Leak of Anson, Leak of Richmond, Long, Mann, 
 Manning, McDowell of Bladen, McDowell of Burke, McDowell 
 of Madison, McNeill of Cumberland, McNeill of Harnett, 
 Meares, Mebane, Merritt, Miller, Mitchell, Moody, Moseley, 
 Myers, Osborne, Patterson, Pcnland, Pcttigrew, Phifer, Rayner, 
 Heid, Rhodes, Royster, Ruffin, Sanders, Satterthwaite, Shaw, 
 Shipp, Smith of Halifax, Smith of Johnston, Smith of Macon, 
 Speed, Sprouse, Spruill of Bertie, Spruill of Tyi-rell, Stewart, 
 Strong, Sutherland, Thomas of Carteret, Thomas of Jackson, 
 Thompson, Thornton, Tracy, Turner, Venable, Walton, Ward, 
 Warren, Washington, Whitford, Williams, Wilson, AVinslow, 
 Woodfin and Wooten — 117. 
 
 Then, by universal consent, the ordinance was put on its third 
 reading, passed, and was ordered to be enrolled. 
 
 And then, on motion of Mr. Badger, the Convention adjourned. 
 
 IN CONVENTION, Friday, June 7, 18G1. 
 
 The President took the chair and called the Convention to 
 order. 
 
 The journal of yesterday was read and approved. 
 
 Mr. Ileaden offered the following, which lies over one day : 
 
 Resolved, That a committee be appointed to inquire if any, 
 and if any, what amendments are proposed to be made to the 
 Constitution of the State, in relation to the property qualifica- 
 tions for office, and that they report by ordmance or otherwise. 
 
 Mr. Graham offered the following, which lies over one day 
 under the rule : 
 
 Resolved, That the Comptroller of public accounts be directed 
 to lay before this Convention a tabular statement, exhibiting 
 the public taxes paid into the Treasury from each county for 
 the five years preceding the first day of November, 1860, dis- 
 tinguishing the several subjects from which such taxes were 
 10 
 
74 JOURNAL OF THE [Jttnr T, 
 
 derived, and the amount received from each subject respectively 
 in each year. 
 
 Mr. Thomas, of Jackson, offered the following, which lies 
 over one day under the rule : 
 
 Resolved, That the committee on Military Affairs be instructed 
 to inquire into the expediency of sanctioning, by the passing 
 of an ordinance or resolution, the appointment of additional 
 clerks to aid in the execution of the laws of the Military Board, 
 Adjutant and Assistant Adjutant General, Quartermaster and 
 Assistant Quartermaster General, and that they report a reso- 
 lution or ordinance to effect the object, if by them deemed advi- 
 sable, to promote the public interest. 
 
 Mr. Houston, of Duplin, offered the following, which was 
 agreed to : 
 
 Resolved, That the committee on Finance be instructed to 
 Inquire whether the act of the last General Assembly, author- 
 izing and providing for the issue of Treasury notes, ought not 
 to be, in some respects, modified or altered by this Convention, 
 and that they report what alterations are necessary at as early 
 a day as practicable. 
 
 Mr. Ashe presented the following : 
 
 Whereas, This Convention did, on the sixth day of June, 
 1861, ratify and adopt the Constitution of the Confederate 
 States of America, adopted by the delegates of the States of 
 South Carolina, Georgia, Florida, Alabama, Mississippi, Louis- 
 iana and Texas, in Convention assembled, at Montgomery, in 
 the State of Alabama, on the eleventh day of March, 1861, 
 and subsequently ratified by said States ; and to avoid all mis- 
 apprehensions as to our opinion in regard to the form of govern- 
 ment thus inaugurated, and believing that this declaration is 
 consistent with said Constitution, this Convention doth now 
 declare, that as the powers conferred through said Constitution 
 on the Confederate Government emanated from the people of 
 the several States, in their separate sovereign capacity, said 
 powers may be resumed in the same manner in which they were 
 delegated, whenever they shall be perverted to the injury of the 
 people, each State, by her delegates in Convention, having the 
 right to judge of the occasion that may require sucli action. 
 
1861.] STATE CONVENTION. 75 
 
 Mr. Ashe moved that the rules be suspended in order that 
 the Convention may now consider the resolution, and on this 
 motion the ayes and noes were ordered, and resulted as follows : 
 Ayes 49, noes 53. 
 
 Ayes — Messrs. Arrington, Ashe, Batchelor, Battle of Edge- 
 combe, Biggs, Carson, Craige, Cunningham, Darden, Dillard, 
 Durham, Edwards, Foy, Fuller, Green, GrimeS; Hargrove, 
 Hicks, Holmes, Houston of Duplin, Johnston of Gaston, Lan- 
 der, Leak of Richmond, McDowell of Bladen, McDowell of 
 Burke, McDowell of Madison, McNeill of Cumberland, McNeill 
 of Harnett, Miller, Moody, Moseley, Penland, Phifer, Reid, 
 Rhodes, Royster, Rujffiii, Shaw, Stewart, Strong, Sutherland, 
 Thompson, Thornton, Tracy, Turner, Ward, Williams, Woodfin 
 and Wootcn — 49. 
 
 Noes — Messrs. Allison, Armfield, Badger, Barnes, Battle of 
 Wake, Berry, Bond, Brodnax, Calloway, Cannon, Christian, 
 Councill, Davidson, Dick, Douthitt, Eller, Ellison, Foster of 
 Ashe, Gilmer, Gorrell, Graham, Greenlee, Hamlin, Headen, 
 Hcarne, Holden, Houston of Union, Johnston of Mecklenburg, 
 Jones of Rowan, Leak of Anson, Long, Mann, Manning, Mer- 
 ritt, Myers, Patterson, Rayner, Sanders, Satterthwaite, Smith 
 of Halifax, Smith of Johnston, Smith of Macon, Speed, Sprouse, 
 Spruill of Bertie, Spruill of Tyrrell, Thomas of Carteret, 
 Walton, Warren, Washington, Whitford and Wilson — 53. 
 
 Two-thirds not voting therefor, the rule was not suspended. 
 
 On motion, the resolutions introduced yesterday by Messrs. 
 Smith of Macon, ' Wilson, Hamlin, Smith of Johnston and 
 Armfield, were severally referred to appropriate committees. 
 
 On motion of Mr. Gorrell, four thousand copies of the Rules 
 of War for the army of the Confederate States were ordered 
 to be printed for the use of the volunteer force of this State. 
 
 On motion of Mr. Green, the resolution relating to the 
 appointment of delegates to the Confederate Congress, was 
 then taken up. 
 
 Mr. Spruill, of Bertie, offered the following amendment 
 thereto, " that eight delegates be elected by the people, one 
 from each Congressional District, and two for the State at large, 
 to be elected by this Convention." 
 
T6 JOURNAL OF THE [June T, 
 
 Pending the consideration of Avhich, on motion, the whole 
 subject was referred to a select committee, consisting of Messrs. 
 Green, Spruill of Bertie and Barnes. 
 
 The ordinance in relation to a Board of Claims was then 
 up, when Mr. Spruill, of Bertie, moved to recommit, with 
 instructions " to report an amendment striking out the names 
 of the members of the board, and referring their selection to 
 a vote of this Convention," which was agreed to. 
 
 Mr. Thomas, of Jackson, offered the following, which was 
 agreed to : 
 
 Resolved, That a committee of seven be appointed to inquire 
 into the expediency of amending the 41st section of the Con- 
 stitution in relation to Common Schools. 
 
 On motion of Mr. Smith, of Halifax, the ordinance in rela- 
 tion to the defence of the seaboard counties was then taken up 
 on its third reading, whereupon the Convention proceeded to 
 sit with closed doors, and so continued until the hour of recess. 
 
 4 O'clock, P. M. 
 
 The Convention re-assembled with closed doors, the same 
 being its condition at the hour of recess, and so remained until 
 a late period of the session, when the doors were opened. 
 
 Mr. Thomas, of Jackson, moved that the Convention adjourn. 
 
 On this question the ayes and noes were ordered, on motion 
 of Mr. Barnes, and resulted as follows : Ayes 34, noes 69. 
 
 Ayes — Messrs. Allison, Batchelor, Battle of Edgecombe, 
 Bunting, Darden, Dillard, Edwards, Eller, Gorrell, Grimes, 
 Holmes, Houston of Duplin, Howard, Johnston of Gaston, Jones 
 of Rowan, Lander, McDowell of Madison, McNeill of Cum- 
 berland, McNeill of Harnett, Merritt, ]\Iitchell, Osborne, Pat- 
 terson, Penland, Ruffin, Shaw, Sutherland, Thomas of Jackson, 
 Thompson, Tracy, Turner, Williams, Woodfin and Wooten — 34. 
 
 Noes — Messrs. Armfield, Arrington, Badger, Barnes, Battle 
 of Wake, Berry, Biggs, Bond, Brodnax, Brown, Calloway, 
 Cannon, Carson, Christian, Councill, Cunningham, Davidson, 
 
1861.] STATE CONVENTION. 7T 
 
 Dick, Douthitt, Durham. Ellison, Ferebcc, Foster of Ashe, 
 Foster of Randolph, Foy, Fuller, Graham, Green, Greenlee, 
 Hamlin, Hargrove, Headen, Hearne, Hicks, Holden, Houston 
 Union, Jones of Caldwell, Kittrell, Long, Manning, McDowell 
 of Burke, Mebanc, Miller, Moody, Moseley, Pettigrew, Pliifer, 
 Rayner, Reid, Royster, Sanders, Satterthwaite, Smith of Hali- 
 fax, Smith of Johnston, Smith of Macon, Speed, Sprouso, 
 Spruill of Bertie, Spruill of Tyrrell, Stewart, Strong, Thomas 
 of Carteret, Thornton, Venable. Walton, Ward, Washington, 
 Whitford and Wilson— 69. 
 
 So the Convention refused to adjoui'n. 
 
 The ordinance for the defense of the seaboard counties of 
 the State, having been further considered, 
 
 Mr. Howard moved that the Convention adjourn, which w;in 
 not agreed to, upon a call of the ayes and noes, ordered on 
 motion of Mr. Foy, as follows : 
 
 Ayes — Messrs. Allison, Battle' of Edgecombe, Bunting, Car- 
 son, Darden, Edwards, Fuller, Holmes, Houston of Dupliu, 
 Howard, Johnston of Gaston, Johnston of Mecklenburg, Jones 
 of Rowan, Kittrell, Lander, Manning, McDowell of Madison. 
 McNeill of Cumberland, McNeill of Harnett, Merritt, Osborne, 
 Patterson, Penland, Phifer, Rayner, Reid, Rhodes, Ruffin, Sat- 
 terthwaite, Shaw, Stewart, Strong, Sutherland, Thomas of 
 Jackson, Thompson, Thornton, Tracy, Turner, Walton, Wil- 
 liams, Woodfin and Wooten — 42. 
 
 Noes — Messrs. Armfield, Arrington, Badger, Barnes, Batcli- 
 elor. Battle of Wake, Berry, Biggs, Bond, Brown, Cal- 
 loway, Cannon, Councill, Cunningham, Davidson, Dick, Dil- 
 lard, Douthitt, Durham, Ellison, Ferebee, Foster of Ashe, 
 Foster of Randolph, Foy, Gorrell, Graham, Greenlee, Grimes, 
 Hargrove, Headen, Hearne, Hicks, Holden, Jones of Caldwell, 
 Long, McDowell of Burke, Meares, Miller, Moody, Moseley, 
 Pettigrew, Royster, Sanders, Smith of Halifax, Smith of John- 
 ston, Smith of Macon, Speed, Sprouse, Spruill of Bertie, 
 Spruill of Tyrrell, Thomas of Carteret, Venable, Ward, Wash- 
 ington, Whitford and Wilson — 56. 
 
78 JOURNAL OF THE [June 7, 
 
 Mr. Thomas, of Carteret, then moved the following amendment 
 to the ordinance under consideration — strike out all after the 
 ordaining clause ^ind insert as follows : " That the Governor be 
 instructed to have detailed one regiment of cavalry, one regi- 
 ment of artillery, and four regiments of infantry, either volun- 
 teers or State troops, of those already raised or to be raised, 
 for the defense of the seacoast of the State," which was not 
 agreed to. 
 
 Mr. Houston, of Duplin, moved that the whole subject be 
 laid on the table, on which the ayes and noes were ordered, on 
 motion of Mr. Speed, and resulted as follows : 
 
 Ayes — Messrs. Biggs, Bunting, Carson, Cunningham, Dar- 
 den, Durham, Edwards, Hargrove, Houston of Duplin, John- 
 ston of Gaston, Jones of Rowan, Lander, McDowell of Burke, 
 McDowell of Madison, McNeill of Cumberland, Moseley, Os- 
 borne, Penland, Reid, Rhodes, Royster, Shaw, Stewart, Strong, 
 Sutherland, Thomas of Jackson, Thompson, Thornton, Tracy, 
 Williams, Woodfin and Wooten — 33. 
 
 Noes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
 Batchelor, Battle of Edgecombe, Battle of Wake, Berry, Bond, 
 Brown, Calloway, Cannon, Christian, Councill, Davidson, Dick, 
 Dillard, Douthitt, Eller, Ellison, Ferebee, Foster of Ashe, 
 Foster of Randolph, Foy, Gorrell, Graham, Greenlee, Headen, 
 Hearne, Hicks, Holden, Holmes, Houston of Union, Howard, 
 Long, Manning, McNeill of Harnett, Meares, Merritt, Miller, 
 Moody, Pettigrew. Phifer, Ruffin, Sanders, Satterthwaite, Smitli 
 of Halifax, Smith of Johnston, Smith of Macon, Speed, Sprouse, 
 Spruill of Bertie, Spruill of Tyrrell, Thomas of Carteret, 
 Turner, Venable, Walton, Ward, Washington, Whitford and 
 Wilson — 61. 
 
 So the motion did not prevail, 
 
 Mr. Batchelor moved that the subject be postponed till Tues- 
 day next, and be made the special order for twelve o'clock on 
 that day. 
 
 On this the ayes and noes were ordered, on motion of Mr. 
 Badger, and resulted in the negative, as follows : 
 
1861.] ^TATE CONVENTION. Tit 
 
 Ayes — Messrs. Ashe, Batchelor, Battle of Edgecombe, Biggs, 
 Bunting, Carson, Cunningham, Darden, Dillard, Durliam, Ed- 
 wards, Hargrove, Holmes, Howard, Johnston of Gaston, Jones 
 of Rowan, Lander, McDowell of Burke, McDowell of Madison, 
 McNeill of Harnett, Moody, Myers, Osborne, Penland, Phifer. 
 Reid, Rhodes, Royster, Ruffin, Shaw, Strong, Thomas of 
 Jackson, Thornton, Tracy, Turner, Vcnable and Woodfin — 87. 
 
 Noes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
 B.attle of Wake, Berry, Bond, Brown, Calloway, Cannon, Chris- 
 tian, Councill, Davidson, Dick, Douthitt, EUer, Ellison, Fere- 
 bc5, Foster of Ashe, Foster of Randolph, Foy, Fuller, Gorrell, 
 Graham, Gteen, Greenlee, Hamlin, Headen, Holden, Long, 
 Mann, Manning, Meares, Merritt, Miller, Moseley, Pettigrew, 
 Rayner, Sanders, Satterthwaite, Smith of Halifax, Smitli of 
 Johnston, Smith of Macon, Speed, Sprouse, Spruill of Bertie. 
 Spruill of Tyrrell, Stewart, Sutherland, Thomas of Carteret. 
 Walton, Ward, AVarren, Washington, Whitford, Williams and 
 Wilson— 58. , 
 
 Mr. Shaw moved that the Convention do now adjourn, and 
 on this motion, the ayes and noes were ordered, on motion oi 
 Mr, Badger, and resulted as follows : 
 
 Ayes — Messrs. Ashe, Batchelor, Battle of Edgecolnbe, Biggs, 
 Bunting, Carson, Darden, Durham, Edwards, Gorrell, Greenlee, 
 Holmes, Houston of Duplin, Howard, Johnston of Gaston, 
 Jones of Rowan, Lander, Long, McDowell of Burke, McDowell 
 of Madison, Miller, Osborne, Penland, Reid, Rhodes, Ruffin, 
 Shaw, Stewart, Strong, Thomas of Jackson, Thornton, Tracy, 
 Turner, Venable, Williams and Woodfin — 36. 
 
 Noes — Messrs. A}.lison, Armfield, Arrington, Badger, Barnes, 
 Battle of Wake, Berry, Bond, Brown, Calloway, Cannon, 
 Christian, Councill, Cunningham, Davidson, Dick, Dillard, 
 Douthitt, Eller, Ellison, Ferebee, Foster of Ashe, Foster of 
 Randolph, Foy, Fuller, Graham, Green, Grimes, Hamlin, Har- 
 grove, Headen, Holden, Mann, Manning, McNeill of Harnett. 
 Meares, Merritt, Moseley, Myers, Pettigrew, Royster, Sanders, 
 Satterthwaite, Smith of Halifax, Smith of Johnston, Smith of 
 Macon, Speed, Sprouse, Spruill of Bertie, Spruill of Tyrrell, 
 
80 JOURNAL OF THE [June 7, 
 
 Sutherland, Thomas of Carteret, Walton, Ward, Warren, Wash- 
 ington, Whitford and Wilson — 57. 
 
 So the Convention refused to adjourn. 
 
 Mr. Thomas, of Jackson, moved to amend the ordinance 
 under consideration, by an additional section, as folloAvs : 
 
 Be it further ordained^ That the Governor be, and he is 
 hereby authorized to raise from the counties west of the Blue 
 Ridge, three regiments of volunteers to aid in defending the 
 passes in the Iron or Smoky Mountain, for the purpose of 
 preventing -western North Carolina from falling into the hands 
 of the enemy, 
 
 And it was not agreed to. 
 
 Mr. Howard moved the following as a substitute for the 
 ordinance : 
 
 Be it ordained^ That the Governor be, and he is hereby 
 authorized and requested to issue his proclamation, calling for 
 four regiments — one of cavalry and three of infantry — from 
 the counties of Northampton and Brunswick, and the counties 
 lying on and east of the Wilmington and Weldon Railroad, to 
 be detailed specially for coast defense ; the said volunteers 
 to be a part of the volunteers called for by the Act of the 
 General Assembly, entitled "An Act to provide for the public 
 defense," and to be subject to all the provisions of said Act. 
 
 On this amendment the ayes and noes were orderered, on 
 motion of Mr. Thomas, of Jackson, and resulted in the nega- 
 tive, as follows : 
 
 Ayes — Messrs. Ashe, Biggs, Brown, Bunting, Carson, Cun- 
 ningham, Darden, Dillard, Durham, Edwards, Fuller, Hargrove, 
 Holmes, Howard, Johnston of Gaston, Jones of Rowan, Lan- 
 der, McDowell of Burke, McDowell of Madison, Miller, 
 Moseley, Myers, Osborne, Penland, Phifer, Reid, Rhodes, 
 Royster, Shaw, Stewart, Strong, Sutherland, Thomas of Jack- 
 son, Thornton, Tracy, Turner, Venable, Ward andWoodfin — 38. 
 
 Noes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
 Batchelor, Battle of Edgecombe, Battle of Wake, Berry, Bond, 
 Calloway, Cannon, Christian, Councill, Davidson, Dick, Dou- 
 thitt, Ellison, Ferebee, Foster of Ashe, Foy, Gorrell, Graham, 
 
1861.] STATE CONVENTION. 8t 
 
 Green, Greenlee, Hamlin, Headen, Hicks, Holden, Houston of 
 Union, Long, Mann, Manning, McNeill of Harnett, Meares, 
 Merritt, Pettigrew, Ruffin, Sanders, Satterthwaite, Smith of 
 Halifax, Smith of Johnston, Smith of Macon, Speed, Sprouse, 
 Spruill of Bertie, Spruill of Tyrrell, Walton, Warren, Wash- 
 ington, Whitford, Williams and Wilson — 54. 
 
 So the substitute was not agreed to. 
 
 The question recurring upon the passage of the ordinance 
 upon its third reading, 
 
 Mr. Pettigrew moved to amend by striking out the following 
 words : " Provided the same can be raised from that portion of 
 the State, and if not, then from any other portion of the State," 
 which was agreed to. i 
 
 Mr. Ruffin moved to amend by striking out the words, "one 
 regiment of artillery," which was agreed to ; and on his motion, 
 the number of infantry was increased to four regiments instead 
 of three. 
 
 Mr. Barnes offered the following amendment, which waa 
 agreed to: "Provided the Governor be permitted to retain the 
 volunteers now stationed at the various points, or ordered there, 
 as a portion of the proposed regiments." 
 
 The question again recurring upon the passage of the ordi- 
 nance on its third reading, the ayes and noes were ordered, on 
 motion of Mr. Thomas, of Jackson, and resulted as follows: 
 
 Ayes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
 Battle of Wake, Berry, Bond, Brown, Calloway, Cannon, Chris- 
 tian, Councill, Davidson, Dick, Dillard, Douthitt, Eller, Ellison, 
 Ferebee, Foster of Ashe, Foster of Randolph, Foy, Fuller, 
 Gorrell, Graham, Green, Grimes, Hamlin, Headen, Hicks, 
 Holden, Holmes, Jones of Caldwell, Long, Mann, Manning, 
 McNeill of Harnett, Merritt, Myers, Pettigrew, Sanders, Sat- 
 terthwaite, Smith of Halifax, Smith of Johnston, Smith of 
 Macon, Speed, Sprouse, Spruill of Bertie, Spruill of Tyrrell, 
 Thomas of Carteret, Venable, Walton, Ward, Warren, Wash- 
 ington, Whitford and Wilson — 58. 
 
 Noes — Messrs. Batchelor, Battle of Edgecombe, Biggs, Bun- 
 ting, Carson, Cunningham, Darden, Durliam, Edwards, Green- 
 
 n 
 
82 JOURNAL OF THE [June 8, 
 
 lee, Hargrove, Hearne, Houston of Union, Howard, Johnston 
 of Gaston, Lander, McDowell of Burke, McDowell of Madison, 
 Miller, Moseley, Osborne, Penland, Rayne^-, Reid, Rhodes, 
 Royster, Ruffin, Shaw, Stewart, Strong, Sutherland, Thomas of 
 Jackson, Thornton, Tracy, Turner, AVilliaras and Woodfin — oG. 
 
 So the ordinance passed its third reading, and was ordered to 
 be enrolled. 
 
 On motion of Mr. Badger, the Convention adjourned. , 
 
 IN CONVENTION, Saturday, June 8, 1861. 
 The President took the chair and called the Convention to 
 order. Prayer by Rev. H. H. Durant, of the M. E. Church, 
 South, and chaplain of the 5th regiment S. C. V. 
 The journal of yesterday was read and approved. 
 The President announced the following committees ; 
 On Soldiers' Suffrage : Messrs. Smith of Johnston, Holmes, 
 Jones of Rowan, Cunningham and Arrington. 
 
 On Zlst Section of the Constitution : Messrs. Armfield, Leak 
 of Richmond, Thomas of Jackson, Brown and Stewart. 
 
 Messrs. Houston, of Duplin, and Thompson, asked and obtained 
 leave to have it stated on the journal that if present yesterday 
 on the passage of the ordinance relating to seaboard defenses, 
 they AYould have voted in the negative. ^ 
 
 On motion of Mr. Myers, leave of absence was granted to 
 Mr. Leak, of Anson, for three days. 
 
 Mr. Batchelor obtained leave of absence for tAvo days. 
 Mr. Moody obtained leave to have it recorded that he would 
 have voted "aye" on the passage of the ordinance relating to 
 the coast defenses. 
 
 Mr. Ferebee offered a resolution in the nature of an ordinance 
 to establish a Court of Claims, which lies over one day for con- 
 sideration. 
 
 Mr. Washington offered the following, which lies over one 
 day : % 
 
1861.] STATE CONVENTION. 83 
 
 Resolvedy That the Assistant Adjutant General report to this 
 Convention, on Wednesday next, the number of companies, each, 
 volunteer and State troops, that have been tendered and received, 
 with the names of the officers ; also the number in each com- 
 pany, and where stationed, up to the 7th inst. ; also the number 
 of companies of each kind that have been tendered and that 
 were not full up to the same time, and from what counties. 
 
 Resolved^ That he report, at the same time, what has been 
 done and what progress made in organizing the militia of this 
 State. 
 
 On motion of Mr. Biggs, it was agreed, by unanimous con- 
 sent, that, after the hour of recess to-day, the Convention will 
 not meet again until Monday. 
 
 Mr. Thomas, of Jackson, ofiered the following, which lies 
 over one day under the rule : 
 
 Resolved^ That the committee on taxation and revenue inquire 
 into the expediency of changing the basis of representation, so as 
 to make it conform to any change that may be made in the 
 mode of taxation. 
 
 Mr. Spruill, of Bertie, from the committee on the resolution 
 relating to the election of delegates to the Confederate Con- 
 gress, made a report, which, the rules having been suspended, 
 the Convention proceeded to consider. The following is the 
 resolution reported by the committee : 
 
 Resolved, That the Convention will, on Wednesday next, at 
 12 o'oclock, proceed to elect, viva voce, two deputies to repre- 
 rent the State at large in the Congress of the Confederate States 
 of America, and will provide by ordinance, for the election, by 
 the people, of eight other deputies, one from each of the 
 Congressional districts as they now exist by law. 
 
 Mr. Osborne moved to amend as follows : Strike out all after 
 the word "and," in the fourth line, and insert, "that the 
 Convention elect eight other deputies to the Confederate Con- 
 gress, one from each of the Congressional districts of the State, 
 as those districts are now arranged by law, and the election of 
 the eight deputies for the Congressional districts, to be by 
 separate viva voce vote." 
 
84 JOURNAL OF THE [June 8, 
 
 Mr. Speed moved the following, which was not agreed to : 
 Provided that this Convention will not elect any member of this 
 Convention to represent the State of North Carolina in the 
 Provisional Congress of the Confederate States. 
 
 Mr. Wilson moved to amend by striking out all of said reso- 
 lution which provides for representatives from the State at large, 
 which was not agreed to. < 
 
 Mr. Biggs offered the following amendment : Strike out all 
 after the word "resolved," and insert as follows: "That this 
 Convention will proceed, on "Wednesday next, at 12 o'clock, M., 
 to the election of five Commiesioners to represent this State in 
 the Congress of the Confederate States of America," which 
 was not agreed to. 
 
 The question recurring on the amendment of Mr. Osborne, 
 the ayes and noes were ordered thereon, on motion of Mr. 
 Spruill, of Bertie, and resulted in the afiirmative, as follows : 
 
 Ayes — Messrs. Arrington, Ashe, Badger, Barnes, Batchelor, 
 Battle of Edgecombe, Biggs, Brown, Bunting, Carson, Councill, 
 Darden, Durham, Fuller, Gorrell, Greenlee, Grimes, Hamlin, 
 Hearne, Hicks, Holmes, Houston of Duplin, Houston of Union, 
 Johnston of Gaston, Johnston of Mecklenburg, Jones of Cald- 
 well, Jones of Rowan, Lander, Leak of Richmond, McDowell 
 of Burke, McDowell of Madison, McNeill of Cumberland, Mc- 
 Neill of Harnett, Meares, Mebane, Miller, Moody, Moseley, 
 Osborne, Patterson, Penland, Phifer, Rayner, Reid, Rhodes, 
 Ruffin, Satterthwaite, Smith of Halifax, Stewart, Sutherland, 
 Tracy, Turner, Venable, Ward, Washington, Williams, Woodfin 
 and Wooten — 59. 
 
 Noes — Messrs. Allison, Armfield, Battle of Wake, Berry, 
 Bond, Brodnax, Calloway, Cannon, Davidson, Dick, Dillard, 
 Douthitt, Eller, Ellison, Ferebee, Foster of Ashe, Foster of 
 Randolph, Graham, Hargrove, Headen, Holden, Kittrell, Long, 
 Mann, Manning, Merritt, Mitchell, Pettigrew, Sanders, Shaw, 
 Shipp, Smith of Johnston, Smith of Macon, Speed, Sprouse, 
 Spruill of Bertie, Strong, Thomas of Carteret, Thomas of Jack- 
 Bon, Thompson, Thornton, Walton, Warren and Wilson — 43. 
 
1861.] vSTATE CONVENTION. 85 
 
 The resolution, as amended, then passed its second reading. 
 
 The rules being suspended, the resolution was put on its third 
 reading, passed and ordered to be enrolled. 
 
 Mr. Rayner, from the Committee on Finance, made a report 
 on the ordinance recommitted, with instructions, proposing a 
 substitute therefor, which, by consent, having been read the 
 second time, Mr. Ruffin moved to fill the blank in the third 
 section with the words, "fifteenth day of March." 
 
 Mr. Smith, of Halifax, moved that the ordinance be recom- 
 mitted. 
 
 Pending the consideration of which, the floor was yielded to 
 Mr. Fuller, who moved to reconsider the vote of yesterday, by 
 which the Convention passed the ordinance to provide for the 
 seaboard defense. 
 
 The motion of Mr. Smith, of Halifax, was then further con- 
 sidered, lintil the hour arrived, and the Convention adjourned 
 to 10 o'clock Monday morning. 
 
 IN CONVENTION, Monday, June 10, 1861. 
 
 The President called the Convention to order. 
 
 The journal of Saturday was read and approved. 
 
 James E. Williamson, delegate elect from Caswell County to 
 fill the vacancy occasioned by the resignation of Captain John 
 A. Graves, appeared, produced his credentials, and took his 
 seat. 
 
 The President announced the following committees : 
 
 On Basis of Representation : Messrs. Thomas of Jackson, 
 Brown, Sanders, Holmes and Carson. 
 
 On Constitutional Amendme7its in regard to Common Schools : 
 Messrs. Thomas of Jackson, Brodnax, Battle of Wake, Miller 
 and Bunting. 
 
 Wm. Johnston, Esq., one of the delegates from Mecklenburg, 
 tendered ^his resignation, to take effect from and after Friday 
 next, the urgency of his duties as Commissary General making 
 it necessary. 
 
86 JOURNAL OF THE [June 10, 
 
 On motion of Mr. Osborne, the President was directed to 
 issue his writ of election to the Sheriff to hold an election to 
 j&ll the vacancy thus created on Saturday, 15th inst. 
 
 Mr. Reid, from tlie committee on the meeting of the General 
 Assembly, made a report, accompanied by an ordinance, pro- 
 viding for a regular session of the Legislature on the 25th 
 inst., which lies over, under the rule, and was ordered to be 
 printed. 
 
 Mr. Ferebee made a minority report from the same committee. 
 
 On motion of Mr. Manning, the two reports were made the 
 order of the day for to-morrow at 12 o'clock. 
 
 Mr. Howard, from the Committee on Military Affairs, reported 
 back to the Convention the resolution in relation to six months 
 volunteers, proposing certain amendments thereto, and recom- 
 mending its passage. 
 
 Mr. Biggs offered a resolution fixing the compensation of the 
 officers of the Convention, and providing for the auditing the 
 expenses contingent upon its sessions, which lies over one day 
 for consideration. 
 
 Mr. Kittrell offered a resolution asking certain information 
 of the Governor in relation to the reported landing of Lincoln's 
 troops upon the coast of this State ; which, by consent, was 
 immediately considered and agreed to. 
 
 Mr. Sprouse offered a resolution proposing a committee to 
 inquire into the propriety of some constitutional amendment in 
 relation to free persons of color ; which lies over one day under 
 the rule. 
 
 Mr. Smith, of Macon, introduced an ordinance to authorize 
 the Governor to raise three regiments from counties west of the 
 Blue Ridge, to defend the passes of the L-on or Smoky Moun- 
 tains, which lies over one day under the rules, and was ordered 
 to be printed. 
 
 Mr. Ellison offered a resolution proposing to raise a commit- 
 tee to inquire into the propriety of substituting the words, 
 "free white persons," in the place of "freemen," in the bill of 
 rights ; and also, whether amendments to the Constitution are 
 not necessary in regard to free persons of color ; which lies 
 over one day, and was ordered to be printed. 
 
1861.] STATE CONVENTION. 87 
 
 On motion of Mr. Biggs, the resolution providing for a recess 
 of the Convention, was then taken up and made the order of 
 the day for to-morrow at 4 o'clock, P. M . 
 
 Mr. Battle, of Wake, offered a resolution proposing certain 
 amendments to the rules, which lies over one day. 
 
 The ordinance pending yesterday at the hour of recess, was 
 then considered, the pending question being the motion to re- 
 commit ; when, by consent, Mr. Myers offered an amendment to 
 the ordinance, which, together with the whole subject, was 
 re-committed to the committee. 
 
 The resolution of Mr. Headcn in regard to the propert}'' 
 qualifications for office, was then taken up and agreed to. 
 
 Mr. Ferebee's resolution in regard to a Court of Claims was 
 then taken up, and, on motion of Mr. Badger, ordered to lie on 
 the table. 
 
 The resolution in regard to the bgisis of Representation, the 
 resolution relating to the payment of Sheriffs for holding elec- 
 tions for members of the Convention, and the resolution asking 
 information of the Comptroller of Public Accounts, were sever- 
 ally taken up and adopted. 
 
 The resolution of Mr. Thomas, of Jackson, in regard to the 
 employment of more Clerical force in certain Departments, was 
 ordered to lie on the table. 
 
 The President laid before the Convention a communication 
 from the Governor, in response to the resolution moved by Mr. 
 Kittrell, which was ordered to lie on the table and be printed. 
 
 On motion of Mr. Jolinston, of Mecklenburg, the ordinances 
 to amend the second section of the fourth article of the amend- 
 >ments to the Constitution were then taken up for consideration, 
 and after some time spent thereon, 
 
 Mr. Fercbee moved that the further consideration of the 
 subject be postponed until the next session, and on this question 
 the ayes and noes were ordered, on motion of Mr. Meares, and 
 resulted as follows : 
 
 Ayes — Messrs. Armfield, Badger, Battle of Wake, Berry, 
 Biggs, Brodnax, Calloway, Cannon, Councill, Davidson, Dillard, 
 Douthitt, Edwards, Eller, Ellison, Ferebee, Foster of Ashe, 
 
'88 JOURNAL OF THE [June 10, 
 
 Gilmer, Hamlin, Headen, Hicks, Holden, Jones of Caldwell, 
 Mann, Pettigrew, Sanders, Satterthwaite, Shipp, Smith of 
 Halifax, Smith of Johnston, Smith of Macon, Speed, Sprouse, 
 Spruill of Bertie, Spruill of Tyrrell, Thomas of Carteret, 
 Walton and Wilson— 38. 
 
 Noes — Messrs. Allison, Arrington, Barnes, Battle of Edge- 
 comhe, Carson, Cunningham, Durham, Foster of Randolph, 
 Fuller, Graham, Greenlee, Grimes, Hargrove, Hearne, Holmes, 
 Houston of Duplin, Howard, Johnston of Gaston, Johnston of 
 Mecklenburg, Jones of Rowan, Kittrell, Lander, Leak of Rich- 
 mond, Long, McDowell of Burke, McDowell of Madison, 
 McNeill of Cumberland, Meares, Merritt, Miller, Mitchell, 
 Moseley, Myers, Osborne, Patterson, Penland, Rayner, Reid, 
 Rhodes, Royster, Shaw, Stewart, Strong, Sutherland, Thomas of 
 Jackson, Thompson, Thornton, Tracy, Turner, Venable, Ward, 
 Williams, Williamson, Winslow, Woodfin and Wooten — 56. 
 
 The subject was then made the special order of the day for 
 to-morrow at eleven o'clock. 
 
 Mr. Battle, of Wake, introduced a resolution asking informa- 
 tion of the Gorernor in regard to appointments to office, and 
 other matters relating thereto, which lies over one day under 
 the rule. 
 
 The hour having arrived, the Convention took a recess until 
 4 o'clock. 
 
 4 O'clock, P. M. 
 
 The Convention having re-assembled, 
 
 On motion of Mr. Rayner, the ordinance heretofore reported 
 by him to amend the Constitution, so that not less than one-fiftii 
 of the members of each House of the General Assembly should 
 have the right to demand the ayes and noes, was then taken up 
 and passed its first reading. 
 
 The rules were suspended and the ordinance then passed its 
 second reading. 
 
1861.] STATE CONVENTION. 89 
 
 On motion of Mr. Biggs, the resolution offered by him this 
 morning in regard to the compensation of the oflScers of this Con- 
 vention, was taken up, amended, and passed the second reading. 
 
 The following committees were announced by the President : 
 
 On the 12th and ISth Sections of the Bill of Rights and 
 Free Persons of Color : Messrs. Ellison, Holden, Dick, William- 
 son and Batchelor. 
 
 On Property Qualification for Office : Messrs. Headen, How- 
 ard, Satterthwaite, Strong and Mitchell. 
 
 Then, on motion of Mr. Satterthwaite, the Convention 
 adjourned. 
 
 IN CONVENTION, Tuesday, June 11, 1861. 
 
 The Convention was called to order by the President. Prayer 
 by Rev. Joel W. Tucker, of the M. E. Church, South. 
 
 The journal of yesterday was read and approved. 
 
 A. H. Joyce, Esq., Delegate elect from Stokes county to fill 
 the vacancy occasioned by the death of Hon. John Hill, appeared, 
 produced his credentials, and took his seat in the Convention. 
 
 The President laid before the Convention a letter from Col. 
 Wharton J. Green, of Warren county, tendering to the State of 
 North Carolina a marble bust, by Powers, of the late Hon. 
 John C. Calhoun. 
 
 Whereupon, on motion of Mr. Venable, a committee, con- 
 sisting of Messrs. Venable, Craige and Smith, of Halifax, was 
 appointed to receive the same and make arrangements for its 
 formal presentation to the Convention this afternoon, at 4 
 o'clock. 
 
 Mr. Houston, of Duplin, offered a resolution to allow certain 
 delegates, elected to fill vacancies, to aflSx their signatures to 
 the ordinance of secession, which lies over one day under the 
 rule. 
 
 Mr. Arrington offered a resolution providing for an increase 
 of the pay of privates in the service of the State, which lies 
 over one day under the rule. 
 12 
 
90 JOURNAL OF THE [June 11, 
 
 Mr. Graham introduced an ordinance to provide for the dis- 
 position of State troops and volunteers, raised under the Acts 
 of the General Assembly, of the 8th and 10th of May, 1861, 
 which passed its first reading, was ordered to be printed, and 
 made the special order for Thursday next, at 12 o'clock, M. 
 
 Mr. Biggs offered the following, which lies over one day under 
 the rule : 
 
 Resolved, That the Committee on Military Affairs be in- 
 structed to inquire into the expediency of reducing the present 
 compensation allowed all officers, while engaged in the service 
 of this State. 
 
 The resolution of Mr. Sprouse in regard to free persons of 
 color was then taken up, and, on motion of Mr. Badger, 
 ordered to lie on the table. 
 
 Mr. RufRn offered an ordinance to amend the Constitution of 
 the State in regard to Bills of Credit, which lies over one day 
 for consideration. 
 
 On motion of Mr. Ferebee, his resolution in regard to a 
 Court of Claims, Avhich had been laid on the table, was then 
 taken up. 
 
 Mr. Badger moved that it be indefinitely postponed ; pend- 
 ing the consideration of which, the hour set apart for the spe- 
 cial order arrived, and the Convention proceeded to the consid- 
 eration of the ordinance relating to the religious tests for 
 office. 
 
 The pending question being the amendment offered by Mr. 
 Rayner, the same was put to a vote of the Convention, and not 
 agreed to. 
 
 The question then recurred on the original ordinance. 
 
 Mr. Ruffin moved to amend as follows : Strike out all after 
 the word, " God," and insert, " or the divine authority of both 
 the Old and New Testaments ; or who shall hold religious opin- 
 ions incompatible with the freedom and safety of the State, 
 shall be capable of holding any office or place of trust or profit 
 in the civil department within this State." 
 
 Mr. Biggs called for a division of the question, whereupon 
 the President put the question first upon striking out. 
 
1861.] STATE CONVENTION. 
 
 91 
 
 On this question the ayes and noes were ordered, on motion 
 of Mr. Biggs, and resulted in the affirmative, as follows : 
 ^ Ayes— Messrs. Allison, Armfield, Arrington, Ashe, Badger, 
 Barnes, BatchelorJ Battle of Wake, Berry, Biggs, Bond, Brod- 
 nax, Brown, Bunting, Calloway, Carson, Councill, Cunningham, 
 Darden, Davidson, Dick, Dillard, Douthitt, Durham, Eller' 
 Ellison, Ferebcc, Foster of Ashe, Foster of Randolph, Gilmer' 
 Graham, Graves, Green, Greenlee, Grimes, Hargrove, Headen,' 
 Hearne, Henkel, Ilicks, "Holden, Houston of Union, Jones of 
 Caldwell, Jones of Rowan, Joyce, Kittrell, Leak of Richmond, 
 Long, Mann, McDowell of Burke, McNeill of Cumberland,' 
 Merritt, Mitchell, Moody, Moseley, Osborne, Penland, Petti- 
 grew, Phifer, Rayner, Reid, Rhodes, Royster, Ruffin, Sanders, 
 Shaw, Shipp, Smith of Halifax, Speed, Sprouse, Spruill of 
 Bertie, Spruill of Tyrrell, Sutherland, Thomas of Jackson, 
 Thompson, Turner, Venable, Walton, Warren, Washington,' 
 Williamson, Wilson, Woodfin and Wooten— 84. 
 
 Noes— Messrs. Battle of Edgecombe, Cannon, Fuller, Gor- 
 rell, Houston of Duplin, Howard, Johnston of Gaston, 'john- 
 ston of Mecklenburg, Lander, McDowell of Madison, McNeill 
 of Harnett, Meares, Miller, Smith of Johnston, Stewart, Thorn- 
 ton, Tracy, AVilliams and Winslow — 20. 
 
 The question then recurring on the insertion of the words 
 proposed by Mr. Ruffin, the ayes and noes were ordered, on 
 motion of Mr. Biggs, and resulted in the affirmative, as follows; 
 Ayes— Messrs. Allison, Armfield, Badger, Barnes, Batchelor,' 
 Battle of Edgecombe, Battle of Wake, Berry, Bond, Brodnax' 
 Bunting, Calloway, Carson, Councill, Cunningham, Darden,' 
 Davidson, Dick, Dillard, Douthitt, Durham, Edwards, Eller' 
 Ellison, Foster of Ashe, Foster of Randolph, Fuller, Gilmer' 
 Graham, Green, Greenlee, Grimes, Headen, Hearne,' Henkel,' 
 Hicks, Holden, Holmes, Houston of Duplin, Houston of Union' 
 Howard, Johnston of Gaston, Johnston of Mecklenburg, Jones 
 of Caldwell, Jones of Rowan, Joyce, Kittrell, Leak of Rich- 
 mond, Long, Mann, McDowell of Madison, McNeill of Cum- 
 berland, McNeill of Harnett, Merritt, Miller, Mitchell, Moody, 
 Moseley, Osborne, Phifer, Reid, Ruffin, Sanders, Shipp, Smith 
 
92 JOURNAL OF THE [June 11, 
 
 of Halifax, Smith of Macon, Sprouse, Spruill of Bertie, Suth- 
 erland, Thomas of Carteret, Thomas of Jackson, Thompson, 
 Thornton, Tracy, Turner, Venable, Walton, Warren, Washing- 
 ton, Williamson, Wilson, Winslow, Woodfin and Wooten — 84. 
 Noes — Messrs. Arrington, Ashe, Biggs, Brown, Cannon. 
 Ferebee, Gorrell, Hargrove, Lander, McDowell of Burke, 
 Meares, Penland, Pettigrew, Rayner, Rhodes, Royster, Shaw, 
 Smith of Johnston, Speed, Spruill of Tyrrell, Stewart and 
 Williams— 22. 
 
 The question recurring upon the passage of the ordinance as 
 amended, 
 
 Mr. Biggs moved the following amendment : Strike out all 
 after the ordaining clause, and insert, "no religious test shall 
 ever be required as a qualification to any office or public trust 
 in this State." 
 
 On this amendment the ayes and noes were ordered, on 
 motion of Mr. Biggs, and resulted in the negative, as follows : 
 Ayes — Messrs. Arrington, Ashe, Battle of Edgecombe, 
 Biggs, BroAvn, Cannon, Carson, Cunningham, Darden, Dillard, 
 Durham, Edwards, Hargrove, Lander, McDowell of Burke, 
 McDowell of Madison, McNeill of Harnett, Penland, Rayner, 
 Reid, Rhodes, Royster, Sanders, Shaw, Smith of Johnston, 
 Speed, Spruill of Tyrrell, Stewart, Thomas of Carteret, Thomp- 
 son, Walton, Williams and Winslow — 33. 
 
 Noes — Messrs. Armfield, Badger, Barnes, Batchelor, Battle 
 of Wake, Berry, Bond, Brodnax, Bunting, Calloway, Councill, 
 Davidson, Dick, Douthitt, Eller, Ellison, Ferebee, Foster of 
 Ashe, Foster of Randolph, Fuller, Gilmer, Gorrell, Graham, 
 Green, Greenlee, Grimes, Headen, Hearne, Henkel, Hicks, 
 Holmes, Houston of Duplin, Houston of Union, Howard, John- 
 ston of Gaston, Johnston of Mecklenburg, Jones of Caldwell, 
 Jones of Rowan, Joyce, Kittrell, Leak of Richmond, Long, Mc- 
 Neill of Cumberland, Meares, Merritt, Miller, Mitchell, Moody, 
 Moseley, Osborne, Pettigrew, Phifer, Ruffin, Shipp, Smith of 
 Halifax, Smith of Macon, Sprouse, Spruill of Bertie, Suther- 
 land, Thornton, Tracy, Turner, Venable, Warren, Washington, 
 Williamson, Wilson, Woodfin and Wooten — 69. 
 
1861.] STATE CONVENTION. 93 
 
 The question again recurring on the passage of the ordinance 
 as amended, on the second reading, the ayes and noes were 
 ordered, on motion of Mr. Lander, and resulted in the affirmative, 
 as follows: 
 
 Ayes — Messrs. Allison, Armfield, Arrington, Ashe, Badger, 
 Barnes, Batchclor, Battle of Edgecombe, Battle of Wake, 
 Berry, Biggs, Bond, Brodnax, Brown, Bunting, Calloway, Car- 
 son, Councill, Cunningham, Darden, Davidson, Dick, Dillard. 
 Douthitt, Durham, Edwards, Eller, Ellison, Foster of Ashe, 
 P'oster of Randolph, Fuller, Gilmer, Graham, Green, Greenlee, 
 Grimes, Hargrove, Headen, llearne, Henkel, Hicks. Holmes, 
 Houston of Duplin, Houston of Union, Howard, Johnston of 
 Gaston, Johnston of Mecklenburg, Jones of Caldwell, Jones 
 of Rowan, Joyce, Kittrell, Lander, Leak of Richmond, Lono-, 
 Mann, McDowell of Burke, McDowell of Madison, McNeill of 
 Cumberland, McNeill of Harnett, Meares, Merritt, Miller, 
 Mitchell, Moody, Moseley, Myers, Osborne, Penland, Phifcr, 
 Rayner, Reid, Rhodes, Royster, Ruffin, Shaw, Shipp, Smith of 
 Halifax, Smith of Macon, Speed, Spruill of Bertie, Stewart, 
 Sutherland, Thomas of Carteret, Thompson, Thornton, Tracy, 
 Turner, Venable, Warren, Washington, Williams, Williamson, 
 Wilson, AVinsIow, Woodfin and AVooten — 96, 
 
 Noes — Messrs. Cannon, Ferebee, Gorrell, Pettigrcw, San- 
 ders, Smith of Johnston, Sprouse, Spruill of Tyrrell and Wal- 
 ton — 9. 
 
 The Convention then took a recess until 4 o'clock, P. M. 
 
 4 O'clock, P. M. 
 
 The Convention re-assembled and proceeded to the consider- 
 ation of the special order, being the resolution of Mr. Biggs in 
 relation to a recess of the Convention. 
 
 Mr. Biggs moved to fill the blank in the resolution with 
 *' Tuesday next at 6, A. M." 
 
 Mr. Arrington moved to amend the amendment by striking 
 out "Tuesday next," and inserting, "Wednesday, the 25th 
 instant." 
 
94 JOURNAL OF THE [June 11, 
 
 Mr. Barnes moved to postpone the further consideration of 
 the subject until to-morrow at 4 o'clock, P. M, 
 
 Mr. Pettigrew moved that it lie on the table, which motion 
 did not prevail. 
 
 Mr. Meares' moved a call of the House, which was not 
 agreed to. 
 
 The question recurred on the motion of Mr. Barnes, and it 
 was agreed to. 
 
 Mr. Venable, from the committee on the subject, appointed 
 this morning, reported the following resolutions : 
 
 Resolved, That this Convention accepts the bust of the late 
 Honorable John C. Calhoun, presented to the State of North 
 Carolina Tjy Col. Wharton J. Green, and orders that the same 
 be placed in a suitable niche in the Senate Chamber of the 
 Capital. 
 
 Resolved, Thaf the thanks of the Convention are due to 
 Col. Green for this memorial of a patriot and Statesman, whose 
 name is so justly honored in the memory of his countrymen. 
 
 The resolutions were unanimously agreed to, and the com- 
 mittee was charged with carrying out the order of the Conven- 
 tion. 
 
 On motion of Leak, of Richmond, the resolutions and the 
 letter of Col. Green were ordered to be printed. 
 
 Mr. Rayner, from the Committee on Finance, to whom it was 
 recommitted, reported an ordinance to provide for a Board of 
 Claims, and recommended its passage. 
 
 On motion, the Convention then resolved itself into a Com- 
 mittee of the Whole, Mr. Satterthwaite in the chair, and pro- 
 ceeded to consider the ordinance just reported. 
 
 After some time spent therein, the Committee rose and 
 reported the ordinance back to the Convention, with a recom- 
 mendation that it do pass. 
 
 Mr. Durham moved to amend as follows : Strike out all after 
 the word, "ordained," and insert, "That the County Court 
 shall have power to appoint a Board of Claims, whose duty it 
 shall be to examine and pass upon all claims for their respective 
 counties, and report the same to the Paymaster General, under 
 
1861.] STATE CONVENTION. 
 
 95 
 
 the seals of their respective counties, for payment," which was 
 not agreed to. 
 
 Mr. Batchclor moved that the Convention adjourn, which 
 motion did not prevail. 
 
 The question recurred on the passage of the ordinance on 
 its second reading, and it was agreed to. 
 
 The rules were suspended, and the ordinance put on its third 
 leading. 
 
 Mr. Rayncr moved to amend by inserting after the word, 
 "no," the words, "county or corporation," which was agreed to' 
 
 Mr. Ruffin moved to amend by striking out the word, "No- 
 vember," in the last section, and inserting the word, "Decem- 
 ber," in lieu thereof, which was agreed to. 
 
 The ordinance then passed the third reading, and was ordered 
 to be enrolled. /_ 
 
 Mr. Badger ofTerpd the following. ^^Tlich lies over one day 
 under the rule : 
 
 Resolvi'd, That a seat in the Confederate Congress and a seat 
 in this Convention being incompatible, the acceptance of the 
 former shall vacate the latter. 
 
 And then, on motion of Mr. Badger, the Convention adjourned. 
 
 IN CONVENTION, Wednesday, June 12, 1861. 
 The President took the chair and called the Convention to 
 order. Prayer by Rev. Thomas E. Skinner, of the Baptist 
 Church. 
 
 The journal of yesteiday was read and approved. 
 
 The President laid before the Convention a communication 
 from C. H. Brogden, Comptroller of public accounts, in response 
 to a resolution of the body, which was read, referred to the 
 committee of Finance, and ordered to be printed. 
 
 Mr. Smith, of Johnston, introduced an ordinance to amend 
 the Constitution of the State, so as to provide that the Judges 
 of the Superior Courts of Law and Equity shall hereafter be 
 
96 JOURNAL OF THE ' [June 12, 
 
 elected by the qualified voters of the House of Commons, 
 which passed its first reading, and was ordered to be printed. 
 
 On motion of Mr. Arrington, the resolution heretofore intro- 
 duced by him to increase the pay of privates in the army, was 
 taken up for consideration. 
 
 Mr. Biggs moved to refer the resolution to the committee on 
 Military Affairs. 
 
 Mr. Satterthwaite moved to amend the motion by instructing 
 said committee to inquire whether the rate of compensation to 
 officers and privates is now fixed at the proper sum, which 
 motion prevailed, and the motion, as amended, was agreed to. 
 
 The resolution declaring the incompatibility of a seat in* the 
 Convention with a seat in the Confederate Congress, then passed 
 its second reading, on a call of the ayes and noes, ordered, on 
 motion of Mr. Badger, as follows : 
 
 Ayes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
 Battle of Edgecombe, Battle of Wake, Berry, Bond, Brodnax, 
 Brown,--Cannon, Carson, . Christian, Councill, Craige, Cunning- 
 ham, Darden, Davidson, Dick, Dilliard, Douthitt, Durham, 
 Edwards, Ellison, Ferebee, Foster of Ashe, Foster of Randolph, 
 Foy, Fuller, Gilmer, Gorrell, Graham, Green, Greenlee, Grimes, 
 Headen, Hearne, Henkel, Hicks, Holden, Houston of Duplin, 
 Houston of Union, Howard, Jones of Rowan, Joyce, Kittrell, 
 Lander, Leak of Anson, Leak of Richmond, Long, Mann, 
 Manning, McDowell of Bladen, McNeill of Cumberland, Mc- 
 Neill of Harnett, Merritt, Miller, Mitchell, Moody, Moseley, 
 Myers, Osborne, Patterson, Penland, Pettigrew, Phifer, Rayner, 
 Rhodes, Royster, Ruffin, Sanders, Satterthwaite, Shipp, Smith 
 of Halifax, Smith of Johnston, Speed, Sprouse, Spruill of 
 Bertie, Spruill of Tyrrell, Stewart, Sutherland, Thomas of 
 Carteret, Tracy, Turner, Walton, Ward, Warren, Washington, 
 Williams, Williamson, Wilson and Wooten — 93. 
 
 Noes — Messrs. Ashe, Batchelor, Biggs, Bunting, Hargrove, 
 Holmes, Johnston of Gaston, Johnston of Mecklenburg, Mc- 
 Dowell of Burke, McDowell of Madison, Meares, Reid, Shaw, 
 Thompson, Thornton, Venable, Winslow and Woodfin — 18. 
 
1861.] STATE CONVENTION. 97 
 
 The resolution of Mr. Asho, declaring the opinion of the 
 Convention in regard to the character of the government of 
 the Confederate States, was then taken up on its second reading. 
 Mr. Satterthwaite moved that it lie on the table, and on 
 this question the ayes and noes were ordered, on motion of Mr. 
 Ashe, and resulted in the negative, there heing a tie vote, as 
 follows : 
 
 Ayes — Messrs. Allison, Armficld, Badger, Barnes, Battle of 
 Wake, Bond, Brodnax, ^rown, Calloway, Cannon, Christian, 
 Councill, Davidson, Dick, Douthitt, Eller, Ellison, Ferebee, 
 Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, Graham, 
 Headen, Hcarne, Holden, Houston of Union, Jones of Cald- 
 well, Jones of Rowan, Joyce, Kittrell, Leak of Anson, Long, 
 Mann, Manning, Mitchell, Myers, Pettigrew, Rayner, Ruffin, 
 Sanders, Satterthwaite, Shipp, Smith of Halifax, Smith of 
 Johnston, Speed, Sprouse, Spruill of Bertie, Spruill of Tyrrell, 
 Thomas of Carteret. AVmUoh. AVarrcn. WMsliincrton. Williamson 
 and Wilson — 55. 
 
 Noes — Messrs. Arrington, Ashe, Batchelor, Battle of Edge- 
 combe, Biggs, Bunting, Carson^ Craige, Cunningham, Darden, 
 Dillard, Durham, Edwards, Foy, Fuller, Green, Grimes, Har- 
 grove, Henkel, Hicks, Holmes, Houston of Duplin, Howard, 
 Johnston of Gaston, Johnston of Mecklenburg, Lander, Leak 
 of Richmond, McDowell of Bladen, McNeill of Cumberland, 
 McNeill of Harnetfj^Meares, Merritt, Miller, Moody, Moseley, 
 Osborne, Patterson, Penland, Phifer, Reid, Rhodes, Royster, 
 Shaw, Stewart, Sutherland, Thompson, Thornton, Tracy, Turner, 
 Venable, Ward, Williams, Winslow, Woodfin and Wooten — 55. 
 
 The question then recurred on the passage of the resolution. 
 Mr. Ashe demanded the ayes and noes, which were ordered. 
 
 Mr. Ellison then called for the special order, being the oi'*di- 
 nance relating to the meeting of the General Assembly. 
 
 Mr. Batchelor moved to postpone the same for half an hour : 
 and on this question the ayes and noes were ordered, on motion 
 of Mr. Badger, and resulted in the negative, as follows : 
 
 Ayes — Messrs. Arrington, Ashe, Batchelor, Bunting, Carson^ 
 
 Craige, Cunningham, Darden, Dillard, Fuller, Hargrove, Holmes, 
 1 ^ 
 
08 JOURNAL OF THE [June 12, 
 
 Houston of Duplin, Johnston of Gaston, Lander, Leak of Rich- 
 mond, McDowell of Madison, McNeill of Cumberland, Mc- 
 Neill of Harnett, Moseley, Penland, Reid, Rhodes, Royster, 
 Shaw, Stewart, Sutherland, Thompson, Thornton, Turner, Ven- 
 able, Williams, Winslow, Woodfin and Wootcn — 34. 
 
 Noes — Messrs. Allison, Armfield, Badger, Barnes, Battle of 
 Edgecombe, Battle of Wade, Berry, Biggs, Bond, Brodnax, 
 Brown, Calloway, Cannon, Christian, Councill, Davidson, Dick, 
 Douthitt. Durham, Edwards, Eller, Ellison, Ferebee, Foster of 
 Ashe, Foster of Randolph, Foy, Gilmer, Gorrell, Graham, 
 Green, Grimes, Headen, Hearne, Henkel, Hicks, Holden, 
 Houston of Union, Howard, Johnston of Mecklenburg, Jones 
 of Caldwell, Jones of Rowan, Joyce, Kittrell, Leak of Anson, 
 Long, Mann, Manning, McDowell of Bladen, McDowell of 
 Burke, Meares, Merritt, Miller, Mitchell, Moody, Patterson, 
 Pettigrew, Phifer, Rayner, Rufiin, Sanders, Satterthwaite, 
 Shipp, Smith of Halifax, Smith of Johnston, Speed, Sprouse, 
 Spruill of Bertie, Spruill of Tyrrell, Thomas of Carteret, 
 Tracy, Walton, Ward, Warren, Washington, Williamson and 
 Wilson— 76. 
 
 The special order was then taken up. 
 
 Mr. Ferebee offered the following amendment : Strike out all 
 after the ordaining clause, and insert, " That the General 
 Assembly, elected on the first Thursday in August, 1860, be, 
 and the same is hereby dissolved." 
 
 Be it further ordained, That the Governor be directed to 
 issue his proclamation, declaring said General Assembly, 'dis- 
 solved, and that he order an election to be held on the first 
 Thursday in August next for members of the Legislature, and 
 that they assemble in Raleigh, in regular session, on the third 
 Monday in November next. 
 
 Mr. Biggs oficred the following amendment to the amend- 
 ment: Strike out all after the word "that," in the first line, 
 and insert, "The resolution of the General Assembly adjourn- 
 ing the special session thereof, until the 25th inst., be, and the 
 Same is hereby repealed, and the said General Assembly shall 
 meet in regular session at such time after the 20th of Jul v. 
 
1861.] STATE CONVENTION. 99 
 
 1861, during this year, as may be appointed by the Governor, 
 of which he shall make proclamation. 
 
 ' Be it further ordained^ That the Governor shall, by procla- 
 mation, immediately notify the members of the General Assem- 
 bly of the above ordinance. 
 
 Mr. Howard moved to postpone the consideration of the sub- 
 ject until Saturday next, at 12 o'clock, pending the considera- 
 tion of which motion, the hour arrived, and the Convention took 
 a recess until 4 o'clock, P. M. 
 
 4 O'clock, P. M. 
 
 The Convention rc-assemblod and resumed the business pend- 
 ing at the hour of recess. After some time spent therein, 
 
 The President laid before the Convention the following com- 
 munication from His Excellency, Gov. Ellis, with the accom- 
 panying oflScial report of Col. D. H. Hill, commanding the 
 first regiment of North Carolina Volunteers, which, on motion 
 
 of Mr. Moseley was ordered to be spread upon the journal : 
 
 ■4 
 
 Executive Office, 12th June, 1861. 
 To the Honorable President, 
 
 and members of the Convention : 
 
 Gentlemen : I have the pleasure to transmit herewith an 
 ofiScial dispatch fiom Col. D. H. Hill, commanding the 1st 
 Regiment of N. C. Volunteers, giving a detailed account of a 
 signal victory achieved over the enemy near Hampton, Va., in 
 which the North Carolina Regiment bore a prominent part. 
 
 I would avail myself of this opportunity to ask of the Con- 
 vention the privilege of tendering to the gallant commander of 
 the regiment, and the brave officers and men under his com- 
 mand, those testimonials of approbation most grateful to a sol- 
 dier's feelings. 
 
 I would respectfully recommend Col. Hill as worthy of pro- 
 motion to the rank of Brigadier General, and that a full Brig- 
 
100 JOURNAL OF THE [June 12, 
 
 ade be at once placed under his command. Other recommend- 
 ations will be made when further particulars are received. 
 Respectfully submitted, 
 
 JOHN AV. ELLIS. 
 
 YoRKTOWN, Va., June 11th, 1861. 
 
 Honorable John W. Mlis, 
 
 Grovernor of North Carolina : 
 
 Sir : 1 have the honor to report that eight hundred of my 
 regiment and three hundred and sixty Virginians, were engaged 
 for five and a half hours with four and a half regiments of the 
 enemy, at Bethel Church, near Hampton. The enemy made 
 three distinct and well sustained charges, but were repulsed 
 with heavy loss. Our cavalry pursued; them- for- '^xiidiles, 
 wh^ri their retreat became a total rout. - Fearing that h^avy 
 reinforcements would be sent from Fortress Monroe, wd fell 
 back at nightfall upon our works at Yorktown. I regret to 
 report the loss of one man killed, (private Hemy L. Wyatt, of 
 the Edgecombe Guards,) and several wounded. The loss of 
 the enemy, by their own confession, was one hundreds ajiS fifty, 
 but it may safely be estimated at two hundred and fifty. 
 
 Our regiment behaved most gallantly. Not a man shrunk 
 from his post or showed symptoms of fear. ^ "»'■ ,\'l 
 
 When more at leisure I will give you a detailed report of 
 operations. 
 
 Oui' Heavenly Father has most wonderfully interposed to 
 shield our heads in the day of battle. Unto Him be all the 
 praise for our success. 
 
 With great respect, 
 
 D. H. HILL, 
 
 Col. 1st Reg. N. C. V. 
 
 The above having been read amidst the almost unrestrained 
 enthusiasm of the Convention, "^ 
 
 On motion of Mr. Badger, it was ordered imanimowdy tliat 
 the President be requested to present to His Excellency, the 
 Governor, the sincere and hearty thanks of this Convention 
 
 ^ 
 
 '-Sb. 
 
1861.] STATE CONVENTION. lOl 
 
 for his message, and the liighly gratifying <lispatch of Col. 
 ilill, and to assure him of the readiness with which this Con- 
 vention Avill co-operate with him in oflfering any testimonial of 
 honor and grateful acknowledgements to that gallant comman- 
 der, and the officers and men under his command, which His 
 Excellency may be pleased to recommend. 
 
 On motion of Mr. Biggs, it was ordered that 3200 copies of 
 the message and dispatch be printed for the members of this 
 Convention. 
 
 On motion, it was ordered that when the Convention adjourn 
 tu-day, it adjourn to meet on Friday, at 10 o'clock. 
 
 On motion of Mr. Spruill, of Bertie, a committee was ap- 
 pointed, consisting of Messrs. Spruill. of Bertie, Rayner and 
 Barnes, to make arrangementsibr illuminating the Capitol iind 
 grounds in honor of the brilliant victory achieved by our gal- 
 lant troops. 
 
 And then, on motion, the Convention adjourned to Friday, 
 10 oclock, to-morrow being the day set apart by President 
 Davis as a day of prayer and thanksgiving to Almighty God 
 for His protection and blessings to our people and nation. 
 
 IN CONVENTION, Friday, June 14, 1861. 
 
 The President took the chair and called the Convention to 
 order. 
 
 The journal of Wednesday was read and approved. 
 
 The President laid before the Convention the following letter 
 from His Excellency, Jefferson Davis, President of the Con- 
 federate States, which was i-ead and ordered to be spread upon 
 the journal: 
 
 KiCHMOND, Va., June 11th, 1861. 
 Hon. Weldon N. Edwards, 
 
 President of the Convention of North Carolina : 
 V Sir : I have received, through His Excellency, John W. 
 Ellis, Governor of North Carolina, a copy of an ordinance 
 
102 JOURNAL OF TIIe [June 14, 
 
 passed by the Convention of North Carolina, vesting in the 
 Confederate Stntcs of America, jurisdiction over certain tracts 
 of land in the town of Fayetteville and County of Cumber- 
 land, Looking hopefully to the day when in arms and all 
 things necessary to maintain our rights, we may be independent, 
 I am, respectfully and truly yours, 
 
 JEFFERSON DAVIS. 
 
 On motion of Mr. Ruffin, the letter, with all matters per- 
 taining to the cession of forts, dockyards, and other public 
 property, was referred to a special committee, consisting of 
 Messrs. Ruffin, Graham, Rayner, Gorrell and Shaw. 
 
 Mr. Strong, from the Committee on Enrollments, reported 
 the following ordinance as having been examined and found 
 correct, viz : an ordinance touching the authentication of ordi- 
 nances and other acts of this Convention ; and the same was 
 signed by the President and attested by the Secretary and 
 Assistant Secretary. 
 
 Mr. Battle, of Wake, offered the following which lies over 
 one day : 
 
 Resolved, That a committee be raised to inquire into the i^. 
 propriety of the passage of an ordinance allowing Elizabeth 
 Chavis, and her infant child, free persons of color, of Wake 
 county, to become the slaves of Dr. B. F. Graham, of said 
 county. 
 
 Mr. Miller offered the following, which lies over one day : 
 
 Resolved, That no delegate to this Convention shall speak 
 more than thirty minutes on any one subject, unless by the 
 unanimous consent of the Convention. 
 
 Mr. Smith, of Halifax, moved to take up the motion, made 
 several days ago by Mr. Fuller, to reconsider the vote by which 
 the Convention passed the ordinance to provide for the defense 
 of the seaboard counties of the State, which motion prevailed. 
 
 The question being, will the Convention agree to reconsider ? 
 
 Mr. Badger moved that the motion to reconsider be laid on 
 the table, on which the ayes and noes were ordered, on motion^^ 
 of Mr. Spee<l, and resulted in the negative, as follows : 
 
1861.] StXtE convention. 103 
 
 Ayes — Messrs. Allison, Armfickl, Arrington, Badger, Barnes, 
 Battle of Wake, Berry, Bond, Brown, Calloway, Cannon, 
 Christian, Councill, Davidson, Dick, Dillard, Douthitt, Eller, 
 Ellison, Fercbce, Foster of Ashe, Foster of Randolph, Foy, 
 Gilmer, Gorrell, Graham, Green, Hcadcn, Iloldcn, Jones of 
 Caldwell, Joyce, Kittrcll, Leak of Richmond, Long, Mann, 
 Merritt, Mitchell, Pettigrew, Sanders, Smith of Halifax, Smith 
 pf Johnston, Smith of Macon, Speed, Spruill of Bertie, Spruill 
 of Tyrrell, Walton, Ward and Wilson— 48. 
 
 Noes — Messrs. Ashe, Batchclor, Battle of Edgecombe, Biggs, 
 Brodnax, Bunting, Carson, Craige, Cunningham, Darden, Dur- 
 ham, Edwards, Fuller, Greenlee, Grimes, Hargrove, Hearne, 
 Henkel, Hicks, Holmes, Houston of Union, Howard, Johnston 
 of Gaston, Lander, IMcDowell of Bladen, McDowell of Burke, 
 McDowell of Madison, McNeill of Cumberland, McNeill of 
 Harnett, Meares, Miller, Moscley, Patterson, Penland, Phifcr, 
 Reid, Rhodes, Royster, Ruffin, Satterthwaite, Shaw, Sprouse, 
 Stewart, Strong, Sutherland, Thomas of Jackson, Thompson, 
 Thornton, Tracy, Turner, Venable, Williams, Williamson, 
 Woodfin and Wooten — 55. 
 
 The question recurring 6n the motion to reconsider, it was 
 decided in the affirmative, the ayes and noes being ordered, on 
 motion of Mr. Barnes, as follows : 
 
 Ayes — Messrs. Ashe, Batchelor, Battle of Edgecombe, Biggs, 
 Bunting, Carson, Councill, Craige, Cunningham, Darden, Dur- 
 ham, Edwards, Fuller, Greenlee, Grimes, Hargrove, Hearne, 
 Henkel, Hicks, Holmes, Houston of Union, Howard, Johnston 
 of Gaston, Lander, McDowell of Bladen, McDowell of Burke, 
 McDowell of Madison, McNeill of Cumberland, McNeill of 
 Harnett, Meares, Miller, ]Moseley, Patterson, Penland, Phifer, 
 Reid, Rhodes, Royster, Ruffin, Satterthwaite, Shaw, Sprouse, 
 Stewart, Strong, Sutherland, Thomas of Jackson, Thompson, 
 Thornton, "Tracy, Turner, Venable, Williams, Williamson, 
 Woodfin and Wooten — 55. » 
 
 Noes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
 Battle of Wake, Berry, Bond, Brodnax, BroAvn, Calloway, 
 Cannon, Christian, Davidson, Dick. Dillard, Douthitt, Eller, 
 
104 IJOUBNAL OF THE [June 14, 
 
 Ellison, Fercbee, Foster of Ashe, Foster of Randolph, Foy, 
 Gilmer, Gorrell, Graham, Green, Ilolden, Jones of Cald-well, 
 Joyce, Kittrell, Leak of Jlichmond, Long, Mann, Merritt, 
 Mitchell, ]\Ioody, Pettigrew, Sanders, Smith of Halifax, Smith . 
 of Johnston, Smith of Macon, Speec^, Spruill of Bertie, Sprnill 
 of Tyrrell, AV^vlton, Ward ajid Wilson— 48. 
 
 . The question recurring upon the passage of the ordinance 
 on its third reading, the same was considered until the hour 
 arrivexi for the special order, being the ordinance relating to 
 the meeting of the General Assembly. ' 
 
 Mr. Barnes moved to postpone the special order until the 
 pending question was disposed of; during the discussion of 
 which motion, the hour arrived and the Convention took a 
 recess until 4 o'clock, P. M. 
 
 4 O'clock, P. M. 
 
 The Convention re-assembled, when, by consent, Mr. Spruill,- 
 of Bertie, made a report from the committee of arrangements^ 
 illuminating the Capitol, recommending a postponement of t\ie 
 matter for the present, which was read and laid upon the table.. 
 
 The Convention then resumed the consideration of the motion' 
 of Mr. Barnes, which was pending at the hour of recess, and 
 after some time spent therein, the motion was agreed to, and 
 the question being on the final passage of the ordinance, the 
 ayes and noes were ordered, on motion of Mr. Barnes, and 
 resulted in the negative, as follows : 
 
 Ayes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
 Battle of Wake, Berry, Bond, Brodnax, Brown, CalloAvay, Can- 
 non, Christian, Davidson, Dick, Dillard, Douthitt, Eller, Elli- 
 son, Ferebee, Foster of Ashe, Foster of Randolph, Foy, Gilmer, 
 Gorrell, Graham, Green, Ileaden, Holden, Jones of Caldwell, 
 Kittrell, Leak of Anson, Long, Mann, Meares, Mitchell, Myers, 
 Pettigrew, Sanders, Smith of Halifax, Smith of Johnston, 
 Smith of Macon, Speed, Spruill of Bertie, Spruill of Tyrrell, 
 Thomas of Carteret, Walton, Ward, AVarren and Wilson — 50. 
 
1801.] STATE CONVENTION. 105 
 
 Noes — Messrs. Ashe, Batchelor, Battle of Edgecombe, Biggs, 
 Bunting, Carson, Council!, Craige, Cunningham, Darden, Dur- 
 ham, Edwards, Greenlee, Grimes, Hargrove, Hearne, Henkel, 
 Hicks, Holmes, Houston of Union, Howard, Johnston of Gas- 
 ton, Jones of Rowan, Joyce, Lander, Leak of Richmond, Mc- 
 Dowell of Bladen, McDowell of Burke, McDowell of Madison, 
 McNeill of Cumberland, McNeill of Harnett, Miller, Moseley, 
 Penland, Phifer, Rcid, Rhodes, Royster, Ruffin, Satterthwaite, 
 Shaw, Sprouse, Stewart, Strong, Sutherland, Thomas of Jack- 
 son, Thompson, Thornton, Tracy, Turner, Venable, Willinms, 
 Williamson, Woodfin and Wooten — 55. 
 
 Then, on motion of Mr. Badger, the Convention adjourned. 
 
 IN CONVENTION, Saturday, June 15, 1861. 
 
 The President took the chair and called the Convention to 
 order. 
 
 The journaj^of yesterday was read nnd approved. 
 
 Mr. Venable, from the Committee on Military Affairs, 
 reported an ordinance to amend the military laws of the State, 
 which was ordered to lie on the table and be printed. 
 
 Mr. Ruffin, from the committee on that subject, reported an 
 ordinance to amend the Constitution of the State, touching the 
 subjects of taxation, revenue, and the public debt, which passed 
 the first reading, and was ordered to be printed, and made the 
 special order of the day for Tuesday next at 11 o'clock. 
 
 Mr. Sanders introduced an ordinance to amend the third 
 section of the fourth article of amendments to the Constitution, 
 which passed its first reading, and was ordered to be printed. 
 
 Mr. Howard, from the committee on Military Affiiirs, to 
 whom the subject had been referred, made an adverse report 
 on the resolutions relating to a change in the pay of officers 
 and soldiers, which lies on the table one day for consideration. 
 
 Mr. Woodfin, from the committee on Finance, made a majority 
 report on the subject of the issue of Treasury notes, which lieg 
 over one day. 
 
 14 
 
106 JOURNAL OF THE [June 15, 
 
 Mr. Rayner gave notice that the minority wouUl present its 
 views when the subject came up for consideration. 
 
 Mr. Rayner, from the same committee, to whom had been 
 referred a resolution reLating to the payment of Sheriffs for 
 holding elections of members of this Convention, made a favor- 
 able report thereon, accompanied with an ordinance on that 
 subject, which lies over one day for consideration. 
 
 Also, on the resolution authorizing the employment of cleri- 
 cal force in the Comptroller's department, to enable that officer 
 to furnish the Convention with certain information asked in 
 relation to the receipts into the Public Treasury, -which, the 
 rules being suspended, passed its several readings, and was 
 ordered to" be enrolled. 
 
 Mr. Ashe presented the proceedings of a public meeting in 
 the town of Wilmington, and also the proceedings of the com- 
 mittee of safety in the the said town, in relation to the property 
 of late citizens of that place who had abandoned the State in 
 her hour of peril, and gone into the country of the enemy, 
 which were read, and, on his motion, referred to a select com- 
 mittee. 
 
 Mr. Howard, from the committee on Military Affairs, intro- 
 duced a resolution in favor of L. W. Joyner, clerk of said com- 
 mittee, which, by general consent, passed its three several 
 readings, and was ordered to be enrolled. 
 
 The Convention then proceeded to the consideration of the 
 ordinance relating to the meeting of the General Assembly, 
 said ordinance having been set for yesterday, but was super- 
 ceded by the ordinance for the seaboard defense. 
 
 By consent, Mr. Biggs Avithdrew the amendment heretofore 
 offered by him, and thereupon moved to amend the amendment 
 of Mr. Ferebee, by striking out the first section thereof. 
 
 Pending the consideration of this motion, the hour arrived, 
 and the Convention took a recess until 4 o'clock, P. M. 
 
1861.1 STATE CONVENTION. 107 
 
 4 O'clock, P. M. 
 
 No quorum being present, on motion, the Convention adjourned 
 until Monday, at 10 o'clock, A. M. 
 
 IN CONVENTION, Monday, June 17, 1861. 
 
 The President took the chair and called the Convention to 
 order. 
 
 The journal of Saturday was read and approved. 
 
 Mr. Strong, from the Committee on Enrollments, reported the 
 following ordinances as having been examined and found cor- 
 rect, viz: 
 
 An Ordinance to provide for the appointment of a Board of 
 Claims ; 
 
 An Ordinance to dissolve the Union between North Carolina 
 and the other States united with her in a compact of govern- 
 ment entitled, " The Constitution of the United States ;" * 
 
 An ordinance to ratify the Constitution of the Provisional 
 Government of the Confederate States of America ; 
 
 Which were severally signed by the President and attested 
 by the Secretaries. 
 
 The President announced the following committee on the 
 memorial »from citizens of AVimington : Messrs. Holmes, Rayner, 
 Warren, Battle, of Wake, and Meares. 
 
 Mr. Howard, from the Committee on Military Affairs, reported 
 an ordinance to authorize the Governor to confer Brevet rank 
 on certain officers for meritorious services ; which passed its 
 first reading. 
 
 Mr. Venable offered a resolution to authorize the Ist Regi- 
 ment N. C. Volunteers to have the word " Bethel" inscribed 
 upon its banner, which, the rules being suspended, passed its 
 three several readings, and was ordered to be enrolled. 
 
 Mr. Biggs moved that when the Convention adjourn on Fri- 
 day next, it adjourn to meet on the first Monday in October, 
 unless sooner called together by the proclamation of the Presi- 
 dent. 
 
108 JOURNAL OF THE [June 17, 
 
 Pending the consideration of this motion, the hour arrived for 
 the special orders of the day. 
 
 Mr. Biggs moved to postpone the same until his motion in 
 regard to adjournment was disposed of, and on this question, he 
 asked the ayes and noes, which were ordered and resulted in 
 the negative, as follows : 
 
 Ayes — Messrs. Arrington, Biggs, Brodnax, Brown, Bunting, 
 Carson, Craige, Darden, Dillard, Durham, Edwards, Foy, Green- 
 lee, Grimes, Hargrove, Henkel, Howard, Johnston of Gaston, 
 Lander, McDowell of Bladen, McDowell of Burke, McDowell 
 of Mecklenburg, McNeill of Cumberland, Miller, Penland, 
 Phifer, Reid, Rhodes, Eoyster, Satterthwaite, Shaw, Stewart, 
 Strong, Sutherland, Thompson, Thornton, Tracy, Venable, 
 Walton, Ward, Williamson, Winslow and Wooten — 43. 
 
 Noes — Messrs. Allison, Armfield, Badger, Barnes, Batchelor, 
 Battle of Wake, Bond, Calloway, Cannon, Councill, Davidson, 
 Dick, Douthitt, Eller, Ellison, Ferebee, Foster of Ashe, Fuller. 
 "Gilmer, Gorrell, Graham, Headen, Hicks, Holden, Houston of 
 Union, Jones of Caldwell, Joyce, Kittrell, Leak of Anson, 
 Leak of Richmond, Long, Mann, Manning, Meares, Merritt, 
 Mitchell, Myers, Patterson, Pettigrew, Rayner, Ruffin, Sanders, 
 Smith of Johnston, Smith of Macon, Speed, Sprouse, Spruill 
 of Bertie, Spruill of Tyrrell, Turner, Washington, Wilson and 
 Woodfin— 52. 
 
 By consent, Mr. Holden introduced an ordinance to amend 
 r\ the 4th section of the 4th article of the amendments to the 
 ^^ Constitution, so as to strike out "United States," and insert, 
 ''' "Confederate States," which passed its first reading. 
 
 By consent, Mr. Batchelor introduced an ordinance giving 
 certain jurisdiction to the Superior Courts, which passed its 
 first reading. 
 
 The unfinished business of Saturday, being the Inotion of 
 Mr. Biggs to amend the amendment of Mr. Ferebee to the 
 ordinance relating to the meeting of the General Assembly, by 
 striking out the first section thereof, was then taken up and 
 considered until the hour of recess. 
 
1861.] STATE CONVENTION. 109 
 
 4 O'clock, P. M. 
 
 The Convention rc-asseinbled and resumed the business pend- 
 ing at the hour of recess, the question being on motion of Mr. 
 Biggs to amend the amendment of Mr. Ferebce. 
 
 On this question the ayes and noes were ordered, on motion 
 of Mr. Biggs, and resulted in the aflfirmative, as follows : 
 
 Ayes — Messrs. Arrington, Batchelor, Biggs, Brodnax, Brown, 
 Bunting, Carson, Craigc, Dillard, Durham, Edwards, Foy, 
 Fuller, Greenlee, Grimes, Hargrove, Headen, Henkel, Hicks, 
 Houston of Union, Howard, Johnston of Gaston, Leak of Rich- 
 mond, McDowell of Burke, McDowell of Madison, McNeill of 
 Cumberland, McNeill of Harnett, Mcares, Mcrritt, Miller, Pat- 
 terson, Penland, Reid, Rhodes, Royster, Sanders, Satter- 
 thwaite, Shaw, Sprouse, Spruill of Bertie, Stewart, Strong, 
 Sutherland, Thomas of Jackson, Thornton, Tracy, Turner, 
 Venable, Ward, Williams, Williamson, Woodfin and Wooten — 52^. 
 
 Noes — Messrs. Allison, Badger, Barnes, Berry, Calloway, 
 Cannon, Councill, Davidson, Douthitt, Eller, Ellison, Ferebce, 
 Foster of Ashe, Gorrell, Graham, Holden, Leak of Anson, 
 Long, Mann, Pettigrew, Smith of Johnston, Spruill of Tyrrell, 
 Washington and Wilson — 24. 
 
 Mr. Strong then moved to amend as follows : Strike out the 
 last section of Mr. Ferebee's amendment and insert, "that the 
 resolution of the General Assembly, adjourning the special 
 session thereof to the 25th of June, 1861, be, and the same is 
 hereby repealed; and the General Assembly shall meet in 
 regular session on the third Monday in August next, unless 
 sooner convened by the proclamation of the Governor." 
 
 Mr. Graham asked for a division of the question, which 
 being ordered, the question was first put on striking out, and it 
 was agreed to. 
 
 The question being then on inserting the amendment of Mr. 
 Strong, 
 
 Mr. Graham asked that it be divided so that the two sub- 
 stantive propositions therein contained, should be put to a 
 separate vote. 
 
110 JOURNAL OF THE [June 17, 
 
 The President decided that the motion was not in order, 
 amounting, in his opinion, to an amendment in the third degree. 
 
 From this decision Mr. Graham took an appeal to the Con- 
 vention, and the question being put : " Shall the decision of 
 the chair stand as the judgment of the Convention?" it was 
 decided in the affirmative. ' 
 
 The question was then put on the insertion of Mr. Strong's 
 amendment, on which the ayes and noes were ordered, on 
 motion of Mr. Barnes, and resulted in the negative, as follows : 
 
 Ayes — Messrs. Dillard, Edwards, Fuller, Grimes, McDowell 
 of Burke, Meares, Patterson, Pcnland, Shaw, Stewart, Strong, 
 Thornton and Williams — 13. 
 
 Noes — Messrs. Allison, Armficld, Arrington, Badger, Barnes, 
 Batchelor, Battle of Wake, Berry, Biggs, Bond, Brodnax, 
 BroAvn, Bunting, Calloway, Cannon, Carson, Councill, Craige, 
 Cunningham, Darden, Davidson, Dick, Douthitt, Durham, 
 Eller, Ellison, Ferebec, Foster of Ashe, Foy, Gilmer, Gorrcll, 
 Graham, Hargrove, Headen, Henkel, Hicks, Holden, Houston 
 of Union, Howard, Johnston of Gaston, Jones of Caldwell, 
 Joyce, Kittrell, Lander, Leak of Anson, Leak of Richmond, 
 Long, Mann, McDowell of Bladen, McDowell of Madison, 
 McNeill of Cumberland, McNeill of Harnett, Merritt, Miller, ' 
 Mitchell, Moody, Myers, Pettigrew, Phifer, Rayner, Reid, 
 Rhodes, Royster, Ruffin, Sanders, Satterthwaite, Smith of 
 Johnston, Smith of Macon, Speed, Sprouse, Spruill of Bertie, 
 Spruill of Tyrrell, Sutherland, Thomas of Jackson, Thompson, 
 Tracy, Turner, Venablc, AValton, Ward, Washington, William- 
 son, Wilson, Woodfin and Wooten — 85. 
 
 The ({ucstion now recurred upon the original proposition of 
 Mr. Reid, the Convention having stricken out the whole of Mr. 
 Ferebee's amendment and refusing to insert, being tantamount 
 to a negative vote. 
 
 Mr. Ruffin moved to amend by striking out all after the 
 ordaining clause, and insert, " That the General Assembly shall 
 meet at least as often as once in every year, including the pres- 
 ent year, and such meeting shall be on the third of November, 
 unless they shall by law appoint a different day ; and at its 
 
1861.] STATE CONVENTION. Ill 
 
 first annual session after the year 1861, and from time to time 
 thereafter, shall elect by joint vote of the two Houses, a Sec- 
 retary of State, Comptroller, Treasurer and Council of State, 
 who shall hold the office for two years." 
 
 A division was called for, and the question was first put on 
 striking out ; and it was decided in the affirmative, on a call of 
 the ayes and noes, as follows : 
 
 Ayes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
 Batcliclor, Battle of Wake, Berry, Bond, Brown, Calloway, 
 Cannon, Council!, Davidson, Dick, Douthitt, Eller, Ellison, 
 Ferebee, Foy, Gilmer, Gorrell, Graham, Grimes, Headen, Hicks, 
 Holdcn, Houston of Union, Johnston of Gaston, Jones of Cald- 
 well, Joyce, Kittrcll, Leak of Anson, Beak of Richmond, Long, 
 Mann,' McDowell of Bladen, McNeill of Harnett, Meares, 
 Merritt, Mitchell, Myers, Patterson, Pettigrew, Rayner, Rhodes," 
 Ruffin, Sanders, Satterthwaite, Smith of Johnston, Smith of 
 Macon, Speed, Sprouse, Spruill of Bertie, Spruill of Tyrrell, 
 Stewart, Sutherland, Walton, Ward, Washington, Williams, 
 Williamson, Wilson and Woodfin — 64. 
 
 Noes — Messrs. Biggs, Brodnax, Bunting, Carson, Craige, 
 Cunningham, Darden, Dillard, Durham, Edwards, Foster of 
 Ashe, Fuller, Hargrove, Henkel, Howard, McDowell of Burke, 
 McDowell of Mecklenburg, McNeill of Cumberland, Miller, 
 Moody, Penland, Phifcr, Rcid, Royster, Shaw, Strong, Thomas 
 of Jackson, Thompson, Thornton, Tracy, Turner, Venable and 
 Wooten— 33. 
 
 The question then recurred upon inserting.- 
 
 Mr. Ellison moved the following as a substitute for Mr. 
 Ruffin's amendment: "That the resolution of the -General As- 
 sembly, at its last session, providing for an adjourned session 
 of the said General Assembly on the 25th of June, 1861, be, 
 and the same is hereby abrogated and annulled." 
 
 Mr. Craige moved that the whole subject be laid upon the 
 table, on which the ayes and noes were ordered, and resulted 
 in the negative, as follows : 
 
 Ayes— Messrs. Arrington, Biggs, Bunting, Craige, Cunning- 
 ham, Darden, Dillard, Durham, Fuller, Hargrove, McDowell of 
 
112 JOURNAL OF THE [June 17, 
 
 Burke, McNeill of Cumberland, Phifer, Reid, Royster, Shaw, 
 Strong, Thomas of Jackson, Thornton, Tracy, Turner, Vena- 
 ble and Wooten— 23. 
 
 Noes — Messrs. Allison, Armficld, Badger, Barnes, Batchelor, 
 Battle of Wake, Berry, Bond, Brodnax, Brown, Calloway, 
 Cannon, Carson, Councill, Davidson, Dick, Douthitt, Edwards, 
 Eller, Ellison, Fercbee, Foster of Ashe, Foy, Gilmer, Gorrell, 
 Graham, Greenlee, Grimes, Headen, Ilenkel, Ilicks, Holden, 
 Houston of Union, Howard, Johnston of Gaston, Jones of 
 Caldwell, Joyce, Kittrcll, Leak of Ashe, Leak of Richmond, 
 Long, Mann, McDowell of Bladen, McDowell of Madison, 
 McNeill of Harnett, INIeares, Merritt, Miller, Mitchell, Moody, 
 Myers, Patterson, Penland, Pettigrew, Rayner, Rhodes, Ruffin, 
 Sanders, Satterthwaite, Smith of Johnston, Smith of Macon, 
 Speed, Sprouse, Spruill of Bertie, Spruill of Tyrrell, Stewart, 
 Sutherland, Thompson, Walton, Ward, Washington, Williams, 
 Williamson, AVilson and Woodfin — 75. 
 
 Mr. Thomas, of Jackson, moved that the Convention adjourn, 
 and it was not agreed to. 
 
 The question was then put on the substitute of Mr. Ellison, 
 on which the ayes an4 noes were ordered, on motion: of Mr. 
 Craige, and resulted in the affirmative, as follows : 
 
 Ayes — Messrs. Allison, Armfield, Arrington, Badger, Batch- 
 elor, Berry, Bond, Brown, Calloway, Cannon, Councill, Cun- 
 ningham, Davidson, Dick, Dillard, Douthitt, Eller, Ellison, 
 Ferebee, Foster of Ashe, Gilmer, Gorrell, Graham, Headen, 
 Holden, Houston of Union, Jones of Caldwell, Joyce, Kittrell, 
 Leak of Anson, Long, Mann, McNeill of Harnett, Merritt, 
 Miller, Mitchell, Myers, Pettigrew, Phifer, Rayner, Sanders, 
 Satterthwaite, Smith of Johnston, Smith of Macon, Speed, 
 Sprouse, Spriiill of Bertie, Spruill of Tyrrell, Walton, Wash- 
 ington and WilBon — 51. 
 
 Noes — Messrs. Barnes, Biggs, Brodnax, Bunting, Carson, 
 Craige, Durham, Edwards, Foy, Fuller, Grimes, Hargrove, 
 Henkel, Hicks, Johnston of Gaston, Leak of Richmond, Mc- 
 Dowell of Bladen, McDowell of Burke, McDowell of Mecklen- 
 burg, McNeill of Cumberland, Meares, Moody, Patterson, Pen- 
 
1861.] STATE CONVENTION. 113 
 
 land, Reid, Rhodes, Royster, RufRn, Shaw, Stewart, Strong, 
 Sutherland, Thomas of Jackson, Thompson, Thornton, Tracy, 
 Turner, Venable,Williams,"\Villiamson, Woodfin and Wooten — 42. 
 
 Mr. Stewart offered the following amendment : 
 
 Be it further ordained^ That the present General Assembly 
 shall meet in regular session on the second Monday in Novem- 
 ber, 1861 : Provided^ That the Governor shall have power to 
 call an extra session at any day the exigencies of the times 
 may require. 
 
 Mr. Howard moved that the Convention adjourn, on which 
 the ayes and noes were ordered, and resulted in the negative, 
 as follows : 
 
 Ayes — Messrs. Bunting, Carson, Craige, Durham, Foy, 
 Fuller, Howard, McNeill of Cumberland, McNeill of Harnett, 
 Miller, Penland, Phifer, Reid, Rhodes, Ruffin, Shaw, Suther- 
 land, Thomas of Jackson, Thornton, Tracy and Turner — 23. 
 
 Noes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
 Batchelor, Battle of Wake, Berry, Biggs, Bond, Brodnax, 
 BroAvn, Calloway, Cannon, Councill, Cunningham, Davidson, 
 Dick, Dillard, Douthitt, Ellor, Ellison, Ferebee, Foster of Ashe, 
 Gilmer, Gorrell, Graham, Hargrove, Headen, Henkel, Hicks, 
 Holden, Houston of Union, Johnston of Gaston, Jones of 
 Caldwell, Joyce, Kittrell, Leak of Anson, Leak of Richmond, 
 Long, Mann, McDowell of Bladen, McDowell of Burke, Mc- 
 Dowell of Madison, Mcrritt, Mitchell, Moody, Myers, Patter- 
 son, Pettigrew, Rayner, Royster, Sanders, Satterthwaite, Smith 
 of Johnston, Smith of Macon, Speed, Sprouse, Spruill of Ber- 
 tie, Spruill of Tyrrell, Stewart, Strong, Thompson, Venable, 
 Walton, Ward, Washington, Williams, Wilson and Woodfin — 70. 
 
 The question was then put on Mr. Stewart's amendment, on 
 which the ayes and noes were ordered, on his motion, and 
 resulted in the negative, as follows : 
 
 Ayes — Messrs. Biggs, Bunting, Carson, Craige, Cunningham. 
 Dillard, Durham, Foy, Greenlee, Hargrove, Henkel, Howard, 
 Johnston of Gaston, Leak of Richmond, McDowell of Burke, 
 McDowell of Madison, McNeill of Cumberland, Miller, Moody, 
 Patterson, Penland, Reid, Rhodes, Royster, Ruffin, Sh»w, 
 
114 JOURNAL OF THE [June IT, 
 
 Stewart, Strong, Thompson, Thornton, Tracy, Turner, Venable, 
 Ward, Wilh'ams, Woodfin and Wooten — 37. 
 
 Noes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
 Batchelor, Berry, Bond, Brodnax, Brown, Calloway, Cannon, 
 Councill, Davidson, Dick, Eller, Ellison, Ferebee, Foster of 
 Ashe, Gilmer, Gorrell, Graham, Ileaden, Ilicks, Holden, Hous- 
 ton of Union, Jones of Caldwell, .Joyce, Kittrell, Leak of 
 Anson, Long, Mann, McDowell of Bladen, McNeill of Harnett, 
 Merritt, Mitchell, Myers, Pettigrew, Phifer, Rayner, Sanders, 
 Satterthwaite, Smith of Johnston, Smith of Macon, Speed, 
 Sprouse, Spruill of Bertie, Spruill of Tyrrell, Walton, Wash- 
 ington and Wilson — 51. 
 
 Mr. Craige moved that the Convention adjourn, on which 
 the ayes and noes were ordered on his motion, and resulted in 
 the negative, as follows : 
 
 Ayes — Messrs. Brown, Bunting, Carson, Craige, Durham, 
 Edwards, Foy, Fuller, Johnston of Gaston, McDowell of Mad- 
 ison, McNeill of Cumberland, McNeill of Harnett, Moody, 
 Patterson, Penland, Reid, Rhodes, Ruffin, Shaw, Thomas of 
 Jackson, Thornton, Tracy, Turner and Venable — 24. 
 
 Noes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
 Batchelor, Battle of Wake, Berry, Biggs, Bond, Brodnax, Cal- 
 loway, Cannon, Councill, Cunningham, Davidson, Dick, Dillard, 
 Douthitt, Eller, Ellison, Ferebee, Foster of Ashe, Gilmer, Gor- 
 rell, Graham, Hargrove, Headen, Henkel, Hicks, Holden, 
 Houston of Union, Jones of Caldwell, Joyce, Kittrell, Leak of 
 Anson, Leak of Richmond, Long, Mann, McDowell of Bladen, 
 McDowell of Burke, Meares, Merritt, Miller, Mitchell, Myers, 
 Pettigrew, Phifer, Rayner, Royster, Sanders, SatterthAvaite, 
 Smitli of Johnston, Smith of Macon, Speed, Sprouse, Spruill 
 of Bertie, Spruill of Tyrrell, Stewart, Strong, Sutherland, 
 Thompson, Walton, Washington,, Williams, Williamson, Wilson, 
 Woodfin and Wooten — 69. 
 
 The question being now the passage of the ordinance, as 
 amended, its second reading, it was agreed to. 
 
 Mr. Ferebee moved to suspend the rules and })ut the ordi- 
 nance on its third reading. 
 
1861.] STATE CONVENTION. 115 
 
 Mr. Badger moved that the subject be postponed and made 
 the special order for to-morrow at half past ten o'clock, and it 
 was agreed to. 
 
 And then, on motion of Mr. Graham, the Convention iid- 
 journed. 
 
 IN CONVENTION, Tuesday, June lb, 18H1. 
 
 At the usual hour the President took the chair and called the 
 Convention to order. 
 
 The journal of yesterday was read and approved. 
 
 P. C. Caldwell, delegate elect from Mecklenburg county, to 
 fill the vacancy occasioned by the resignation of Col. William 
 Johnston, appeared, produced his credentials and took his seat 
 in the Convention. 
 
 Mr. Smith, of Johnston, from the committee to whom the 
 subject was referred, reported an ordinance to extend the right 
 of suffrage to our volunteers while on duty out of the respective 
 counties in Avhich they are entitled to vote, which passed its 
 first reading, and was ordered to be printed. 
 
 Mr. Howard, from the committee on Military Affairs, reported 
 an ordinance to pay the militia of the State when in actual 
 service. 
 
 Also, an ordinance to facilitate the organization of ten 
 thousand State troops, which passed its first reading, and wa,s 
 ordered to be printed. 
 
 Mr. Gilmer, from the committee on Representation, reported 
 an ordinance amendatory of the Constitution of the State upon 
 that subject, which passed its first reading, and was ordered to 
 be printed. 
 
 Mr. Batchelor introduced an ordinance to amend the Consti- 
 tution of the State, so as to provide for annual sessions of the 
 General Assembly, which passed its first reading, and was 
 ordered to be printed. 
 
 Mr. Washington, by consent, withdrew a resolution hereto- 
 fore introduced by him, asking certain information in regard to 
 
116 JOURNAL OF THE [June 18, 
 
 the number and disposition of State troops and volunteers, and 
 in lieu thereof offered another on the same subject, which passed 
 its first reading. 
 
 Mr. Gilmer oifered an amendment to the rules, providing for 
 the " Previous Question," which lies over one day. 
 
 Mr. Foy offered an ordinance relative to the printing of the 
 journals and ordinances of this Convention, which passed its 
 first reading, and was oi dered to be printed. 
 
 Mr. Davidson introduced a resolution providing for the regis- 
 tration of the coupon bonds of the State, and the disposition 
 of debts due our alien enemies, which passed its first reading, 
 and was ordered to be printed. 
 
 The hour having arrived, the Convention proceeded to the 
 consideration of the business set for this day, it being the ordi- 
 nance relative to the meeting of the General Assembly. 
 
 Mr. Biggs moved to postpone the same, in order to take up 
 the resolution providing for the adjournment of this body. 
 
 Mr. Batchelor moved that the motion to postpone lie on the 
 table, on which motion the ayes and noes were ordered, on 
 motion of Mr. Biggs, and resulted in the affirmative, as follows : 
 
 Ayes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
 Batchelor, Battle of Wake, Berry, Bond, Brown, Cj^lloway, 
 Cannon, Councill, Davidson, Douthitt, Eller, Ellison, Ferebee, 
 Foster of Ashe, Fuller, Gilmer, Gorrell, Graham, Headen, 
 Hicks, Holden, Houston of Union, Jones of Caldwell, Joyce, 
 Kittrell, Leak of Richmond, Long, Mann, McDowell of Madi- 
 son, Meares, Merritt, Mitchell, Myers, Pettigrew, Phifer, Ray- 
 ner, Ruffin, Sanders, Sattcrthwaite, Smith of Halifax, Smith of 
 Johnston, Smith of Macon, Speed, Sprouse, Spruill of Bertie, 
 Spruill of Tyrrell, Turner, Warren, Washington, Williamson, 
 Wilson and Woodfin — 57. 
 
 Noes — Messrs. Biggs, Brodnax, Bunting, Caldwell, Carson, 
 Craige, Cunningham, Darden, Dillard, Durham, Edwards, Foy, 
 Greenlee, Grimes, Hargrove, Henkel, Holmes, Howard, John- 
 ston, Jones of Rowan, Lander, Leak of Anson, McDowell of 
 Burke, McNeill of Cumberland, Miller, Moody, Moseley, Pat- 
 terson, Penland, Reid, Rhodes, Royster, Shaw, Stewart, Strong, 
 
1861.] STATE CONVENTION. 117 
 
 Sutherland, Thompson, Thornton, Tracy, Venable, Walton, 
 Ward, Whitford, Williams and Wooten — 44. 
 
 The question being now on the passage of the ordinance its 
 third reading, it did not pass ; ayes 52, noes 53, as follows : 
 
 Ayes — Messrs. Allison, Armfield, Arrington, Badger, Batch- 
 elor. Battle of Wake, Berry, Bond, Brown, Calloway, Cannon, 
 Councill, Cunningham, Davidson, Douthitt, Eller, Ellison, Fcrc- 
 bee, Foster of Ashe, Gilmer, Gorrell, Graham, Headen, Hol- 
 den, Houston of Union. Jones of Caldwell, Joyce, Kittrell, 
 Leak of Anson, Long, Mann, Merritt, Mitchell, Myers, Petti- 
 grew, Phifer, Rayner, Sanders, Satterthwaite, Shipp, Smith of 
 Halifax, Smith of Johnston. Smith of Macon, Speed, Sprouse, 
 Spruill of Bertie, Spruill of Tyrrell, Walton, Warren, Wasli- 
 ington, Williams and Wilson — 52. 
 
 Noes — Messrs. Ashe, Barnes, Battle of Edgecombe, Biggs, 
 Brodnax, Caldwell, Carson, Craige, Darden, Dillard, Durham, 
 Edwards, Foy, Fuller, Greenlee, Grimes, Hargrove, Henkel, 
 Hicks, Holmes, Howard, Johnston, Jones of Rowan, Xeak of 
 Richmond, McDowell of Bladen, McDowell of Burke, McDowell 
 of Madison, McNeill of Cumberland, Miller, Moody, Moseley, 
 Patterson, Penland, Reid, Rhodes, Royster, Ruffin, Shaw, 
 Stewart, Strong, Sutherland, Thomas of Jackson, Thompson, 
 Thornton, Tracy, Turner, Venable, Ward, Whitford, William- 
 son, Woodfin and Wooten — 53. 
 
 Mr. Ruffin moved thatrthe Convention now consider the ordi- 
 nance defining treason against the State, and it was agreed to ; 
 and the rules being suspended, it passed the several readings, 
 and was ordered to be enrolled. 
 
 The Convention then proceeded to the election of deputies 
 to the Congress of the Confederate States of America. 
 
 Mr. Badger moved that the delegates from the districts be 
 first elected, on which motion the ayes and noes were ordered, 
 on motion Mr. Biggs, and resulted in the negative, as follows : 
 
 Ayes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
 Battle of Wake, Berry, Bond, Brodnax, Calloway, Cannon, 
 Councill, Davidson, Dick, Douthitt, Eller, Ellison, Ferebee, 
 Foy, Gilmer, Gorrell, Hcadcn, Holdcn, Houston of Union, 
 
118 JOURNAL OF THE [June 18, 
 
 Jones of Caldwell, Joyce, Kittrell, Long, Mann, Mitchell, San- 
 ders, SattertliAvaite, Shipp, Smith of Halifax, Smith of John- 
 ston, Smith of Macon, Speed, Sprouse, Spruill of Tyrrell, 
 Warren, Washington, Williams and Wilson — 43. 
 
 Noes — Messrs. Ashe, Batchelor, Battle of Edgecombe, Biggs, 
 Bunting, Cakhvell, Carson, Craige, Cunningham, Darden, Dil- 
 lard, Durham, Edwards, Foster of Ashe, Fuller, Greenlee, 
 Grimes, Hargrove, Henkel, Hicks, Holmes, Howard, Johnston, 
 Jones of RoAvan, Leak of Anson, Leak of Richmond, McDowell 
 of Bladen, McDowell of Burke, McDowell of Madison, McNeill 
 of Cumberland, Meares, Merritt, Moody, Moseley, Myers, 
 Patterson, Penland, Phifer, Reid, Rhodes, Royster, Ruffin, 
 Shaw, Spruill of Bertie, Stewart, Strong, Sutherland, Thomas 
 of Jackson, Thompson, Thornton, Tracy, Turner, Venable, 
 Ward, Williamson, WinsloAv, Woodfin and Wooten — 58. 
 
 Mr. Bond moved to postpone the election until to-morrow at 
 12 o'clock. On this motion the ayes and noes were ordered, 
 on motion of Mr. Bond, and resulted in the negative, as follows : 
 
 Ayes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
 Batchelor, Battle of Wake, Berry, Bond, Calloway, Camion, 
 Councill, Davidson, Dick, JDouthitt, Ferebee, Gilmer, Gorrell, 
 Graham, Headen, Holden, Houston of Union, Jones of Rowan, 
 Joyce, Kittrell, Leak of Richmond, Long, ,Mann, Merritt, 
 Mitchell, Moseley, Sanders, Smith of Johnston, Smith of Macon, 
 Spruill of Bertie, Spruill of Tyrrell, Warren, Whitford and 
 Wilson— 39. 
 
 Noes — Messrs. Ashe, Battle of Edgecombe, Biggs, Brodnax, 
 Brown, Bunting, Caldwell, Carson, Craige, Cunningham, Dar- 
 den, Dillard, Durham, Edwards, Ellison, Foster of Ashe, Foy, 
 Fuller, Greenlee, Grimes, Hargrove, Henkel, Hicks, Holmes, 
 Howard, Johnston, Jones of Caldwell, Leak of Anson, Mc- 
 Dowell of Bladen, McDowell of Burke, McDowell of Madison, 
 McNeill of Cumberland, Meares, Miller, Moody, Myers, Pat- 
 terson, Penland, Pettigrew, Phifer, Rayner, Reid, Rhodes, 
 Royster, Ruffin, SatterthSvaite, Shaw, Smith of Halifax, Speed, 
 Sprouse, Stewart, Strong, Sutherland, Thomas of Jackson, 
 Thompson, Thornton, Tracy, Turner, Venable, Walton, Ward, 
 
1861.] STATE CONVENTION. 119 
 
 Washington, Williams, Williamson, Winslow, Woodfin »and 
 Wooten — 67. 
 
 The Convention then proceeded to elect two delegates to 
 represent tlio State at large. 
 
 Messrs. Strange and Barnes were appointed by the President 
 to superintend the election. 
 
 Mr. Ashe nominated George Davis, of New Hanover. 
 
 MV-. Biggs nominated William W. Avery of Burke. 
 
 Mr. Mcrritt nominated Bedford Brown, of Caswell. 
 
 Mr. Ileadcn nominated Ilcnry W. Miller, of Wake. 
 
 For Mr. Avery — Messrs. Ashe, Batchelor, Battle of Edge- 
 combe, Biggs, Bunting, Caldwell, Carson, Councill, Craige, 
 Cunningham, Darden, Dillard, Durliam, Edwards, Foy, Fuller, 
 Greenlee, Grimes, Hargrove, Hcnkel, Hicks, Holmes, Howard, 
 Johnston, Jones of Caldwell, Lander, Leak of Anson, Mc- 
 Dowell of Bladen, McDowell of Burke, McDowell of Madi- 
 son, McNeill of Cumberland, McNeill of Harnett, Meares, 
 Miller, Moody, Moseley, Patterson, Penland, Phifer, Reid, 
 Rhodes, Royster, Shaw, Stewart, Strong, Sutherland, Thomas 
 of Jackson, Thompson, Thornton, Tracy, Turner, Venable, 
 Ward, Williams, Winslow, Woodfin and Wooten — 57. . 
 
 For Mr. Davis — Messrs. Ashe, Batchelor, Battle of Edge- 
 combe, Biggs, Brodnax, Brown, Bunting, Caldwell, Carson, 
 Councill, Craige, Cunningham, Darden, Dillard, Durham, Ed- 
 wards, Foy, Fuller, Greenlee, Grimes, Henkel, Holmes, Hous- 
 ton of Union, HoAvard, Johnston, Jones of Rowan, Lander, 
 McDowell of Bladen, McDowell of Burke, McDowell of Mad- 
 ison, McNeill of Cumberland, McNeill of Harnett, Meares, 
 Miller, Moody, Moseley, Myers, Patterson, Penland, Phifer, 
 Rayner, Reid, Rhodes, Royster, RufRn, Shaw, Shipp, Smith af 
 Halifax, Stewart, Strong, Sutherland, Thomas of Jackson, 
 Thompson, Venable, Ward, Williams, Williamson, Winsolw, 
 Woodfin and Wooten — 59. 
 
 For Mr. Brown — Messrs. Allison, Armfield, Arrington, 
 Badger, Barnes, Battle of Wake, Berry, Bond, Brodnax, Cal-' 
 loway, Cannon, Davidson, Dick, Douthitt, Eller, Ellison, Fere- 
 bee, Gilmer, Gorrell, Graham, Headen, Holden, Houston of 
 
120 JOURNAL OF THE [June 18, 
 
 Union, Jones of Rowan, Joyce, Leak of Richmond, Long, 
 Mann, Merritt, Mitchell, Myers, Pettigrew, Rufiin, Sanders, 
 Sattcrthwaite, Smith of Halifax, Smith of Johnston, Smith of 
 Macon, Speed, Sprouse, Spruill of Bertie, Sprnill of Tyrrell, 
 Walton, Warren, Williamson and Wilson — 47. 
 
 For Mr. Miller — Messrs. Allison, Armfield, Arrington, 
 Badger, Barnes, Battle of Wake, Berry, Bond, Brown, Callo- 
 way, Cannon, Davidson, Dick, Douthitt, Eller, Ellison, Fere- 
 bee, Foster of Ashe, Gilmer, Graham, Headen, Hicks, Holden, 
 Jones of Caldwell, Joyce, Leak of Richmond, Long, Mann, 
 Merritt, Mitchell, Pettigrew, Sanders, Shaw, Smith of John- 
 ston, Smith of Macon, Speed, Sprouse, Spruill of Bertie, 
 Spruill of Tyrrell, Turner, Warren and Wilson — 42. 
 
 Messrs. Foster of Ashe, Hargrove, Rayner, Washington and 
 Whitford, voted for Hon. Thomas Bragg. 
 
 Messrs. Leak of Anson, Satterthwaite and Washington, voted 
 for Hon. William A. Graham. 
 
 Mr. Brown voted for Wm. Eaton, Jr., Esq. 
 
 Mr. Gorrell voted for Hon. John M. Morehead. 
 
 Mr. Thornton voted for Hon. H. M. Shaw. 
 
 Mr. Tracy voted for George Howard, Jr., Esq. 
 
 Mr. Walton voted 'for Kenneth Rayner, Esq. 
 
 The tellers reported that there were one hundred and nine 
 votes given, and that George Davis and William W. Avery, 
 having each received a majority thereof, were duly elected, in 
 which report the Convention concurred. 
 
 The Convention then proceeded to the election of delegates 
 for the several districts, as follows : 
 
 For the First District: 
 
 Mr. Pettigrew nominated Wm. N. H. Smith, of Hertford. 
 
 Mr. Ashe nominated Richard H. Smith, of Halifax. 
 
 Messrs. Barnes and Strong superintended the election. 
 
 For Wm. N. H. Smith — Messrs. Allison, Armfield, Badger, 
 •Barnes, Batchelor, Battle of Wake, Berry, BorKi, Brodnax, 
 Brown, Bunting, Calloway, Cannon, Carson, Council, Cunning- 
 ham, Darden, Davidson, Dick, Douthitt, Durham, Eller, Ellison, 
 
1861.] STATj: CONVENTrON. 121 
 
 Ferebee, Foster of Ashe, Fuller, Gilmer, Crorroll, Graham, 
 Headen, Henkel, Hicks, HoUlen, Houston of Union, Jones of 
 Rowan, Joyce, Lander, Leak of Anson, Leak of Richmond, 
 Long, Mann, McDowell of Bladen, McNeill of Harnett, Mcr- 
 ritt, Miller, Mitchell, Moody, I\Ioselcy, Myers, Patterson, Pet- 
 tigrew, Phifer, Rhodes, Sanders, Satterthwaite, Shipp, Smith 
 of Halifax, Smith of Johnston, Smith of Macon, Sprouse, 
 Spruill of Bertie, Spruill of Tyrrell, Stewart, Strong, Suther- 
 land, Tracy, Turner, Venahle, Walton, Ward, AVorren, Wash- 
 ington, Williamson, Wilson and Wjjodfin — 76. 
 
 For Richard H. Smith — Messrs. Ashe, Battle of Edge- 
 combe, Biggs, Caldwell, Craige, Dillard, Edwards, Foy, Green- 
 lee, Grimes, Holmes, Howard, Johnston, Jones of Caldwell, 
 McDowell of Burke, McDowell of Madison, McNeill of Cum- 
 berland, Meares, Penland, Reid, Royster, Ruffin, Thompson, 
 Thornton, Whitford, Williams, Winslow and Wooten — 28. 
 
 Mr. Hargrove voted for H. M. Shaw. 
 
 Mr. Rayner voted John Pool. 
 
 Mr. Shaw voted for Wm. F. Martin. 
 
 Mr. Thomas, of Jackson, voted for Kenneth Rayner. 
 
 The tellers reported that 108 votes had been given, and that 
 Wm. N. II. Smith had received a majority thereof, and was duly 
 elected, in which report the Convention concurred. 
 
 For thk Second District : 
 
 Mr. Thompson nominated Thomas Ruffin^ of Wayne. 
 
 Mr. Foy nominated George Green, of Craven. 
 
 Mr. W^ashington nominated Wm. B. Rodman, of Beaufort. 
 
 Messrs. Barnes and Strong again supe^'intendcd the election. 
 
 For Mr. Ruffin — Messrs. Ashe, Batchelor, Battle of Edge- 
 combe, Biggs, Bunting, Caldwell, Carson, Craige, Cunningham, 
 Darden, Dillard, Durham, Edwards, Foster of Ashe, Greenlee, 
 Hargrove, Henkel, Hicks, Holmes, Houston of Union. Howard, 
 •lohnston. Lander, Leak of Anson, Leak of Richmond, Mc- 
 ' Dowell of Bladen, McDowell of Burke, McDowell of Madison, 
 McNeill of Cumberland, McNeill of Harnett, Meares, Merritt, 
 Moody, Myers, Patterson, Penland, Phifer, Reid, Rhodefj 
 16 
 
122 JOUrvNAL OF THE [June IS, 
 
 Roystcr, Ruffiu, Shaw, Smith of Halifax, Stewart, Strong, 
 Sutherland, Thomas of Jackson, Thompson, Thornton, "Tracy, 
 Tuner, Vcnablc, Ward, Williams, Winslow, Woodfin and Woo- 
 ten— 50. 
 
 For Mr. Green — Messrs. Allison, Armfield, Arrington, 
 Badger, Barnes, Battle of Wake, Berry, Bond, Brodnax, 
 Brown, Calloway, Cannon, Council, Davidson, Dick, Douthitt, 
 Eller, Ellison, Fercbec, Foy, Gilmer, Gorrell, Graham, Headen, 
 Holden, Jones of Caldwell, Jones of Rowan, Joyce, Long, Mann, 
 Miller, Mitchell, Pettigrew, Sanders, Shipp, Smith of Johnston, 
 Smith of Macon, Speed, Sprouse, Spruill of Bertie, Spruill of 
 Tyrrell, Walton, Warren, Whitford, Williamson and Wilson — 4G. 
 
 For Mr. Rodman — Messrs. Grimes, Rayner, Satterthwaite 
 and Washington — 4. 
 
 The tellers reported that 108 votes had been given, and that 
 Thomas Ruffin having received a majority thereof, was duly 
 elected, in which report the Convention concurred. 
 
 Fon THE Tpiird District: 
 
 Mr. Moseley nominated Thomas D. McDowell, of Bladen. 
 
 Mr. McNeill, of Harnett, nominated Walter F. Leak, of Rich- 
 mond. 
 
 Messrs. Strong and Barnes again superintending. 
 
 For Mr. McDowell — Messrs. Ashe, Batchelor, Battle of 
 Edgecombe, Biggs, Bunting, Caldwell, Carson, Craige, Cun- 
 ningham, Darden, Dillard, Durham, Foy, Fuller, Grimes, Har- 
 grove, Henkel, Holmes, Howard, Johnston, Jones of Caldwell, 
 Jones of Rowan, Lander, McDowell of Burke, McDowell of 
 Madison, McNeill of Cumberland, Meares, Merritt, Mosele^'-, 
 Patterson, Pcnland, Phifer, Reid, Rhodes, Royster, Ruffin, 
 Shaw, Shipp, Stewart, Strong, Thomas of Jackson, Thompson, 
 Thornton, Tracy, Vonablc, Ward. Whitford, Williams, Wins- 
 low, Woodfin and Wootcn — 51. 
 
 For Mr. Leak — Messrs. Allison, Armfield, Arrington, Bad- 
 ger, Barnes, Battle of Wake, Berry, Bond, Brodnax, Brown, 
 Calloway, Cannon, Councill, Davidson, Dick, Douthitt, Eller, 
 Ellison, Ferebee, Poster of Ashe, Gilmer, Gorrell, Graham, 
 
1861.] STATE CONVENTION. 123 
 
 Headeii, llickti, Holdeii, Houston of Union, Joyce, J^eak of 
 Anson, Long, Maun, McNeill of Harnett. Miller, Moody, Myers, 
 Pcttigrew, Sanders, Smith of Johnston, Smith of Macon, Speed, 
 Sprouse, Spruill of Bertie, Spi'uill of Tyrrell, Sutherland^ 
 Turner, Walton, Warren, Washington, Williamson and Wil- 
 son — 51. 
 
 Messrs. Kayner and Smith, of Halifax, voted for Walter L. 
 Steele. 
 
 Messrs. McDowell, of Bladen, and Satterthwaite voted for 
 Thomas D. Meares. 
 
 Mr. Leak, of Kichmond, voted for Wni. B. Cole. 
 
 The tellers reported that 107 votes had been given, and that 
 no person had received a majority thereof, and, therefore, there 
 vas no election. 
 
 The Convention voted again for deputy for the third district, 
 MS follows : 
 
 For Mr. McDowell— Messrs. Ashe, Butchelor, Battle of 
 Edgecombe, Biggs, Brodnax, Bunting, Caldwell, Carson, Craige. 
 Cunningham, Darden, Dillard, Durham, Foy, Fuller, Grimes, 
 Hargrove, Hcnkel, Holmes, Howard, Johnston, Jones of Cald- 
 well, Jones of RoAvan, Lander, McDowell of Burke, McDowell 
 of Madison, McNeill of Cumberland, Mearcj^, Merritt, Moseley, 
 Patterson, Penland, Phifer, Reid, Rhodes, Royster, Ruffin, 
 Shaw, Shipp, Smith of Halifax, Stewart, Strong, Thomas of 
 Jackson, Thompson, Thornton, Tracy, Venable, Ward, Whit- 
 ford, Williams, Winslow, Woodfm and Wootcn — 53. 
 
 For Mr. Leak — S:Iessrs. Allison, Aimfield, Arrington, 
 Badger, Barnes, Battle of Wake, Berry, Bond, Brown, Cal- 
 loway, Cannon, Councill, Davidson, Dick, Douthitt, Eller, 
 Ellison, Ferebee, Foster of Ashe, Gilmer, Gorrell, Graham, 
 Greenlee, Headen, Hicks, Holden, Houston of Union, Joyce, 
 Leak of Anson, Mann, McNeill of Harnett, Miller, Moody, 
 Myers, Pettigrew, Sanders, Smith of Johnston, Smith of Macon, 
 "peed, Sprouse, Spruill of Bertie, Spruill of Tyrrell, Suther- 
 and, Turner, Walton, Warren, Washington and Wilson— 49. 
 
 Mr. Satterthwaite voted for Walter L. Steele. 
 
 S 
 
124 JOURNAL OF THE [June 18, 
 
 The tt'llerb reported tiiiit lO-J votey had been given, and that 
 Thomas D. McDowell, having received a majority thereof, was 
 duly elected, in which report the Convention concurred. 
 
 For the Foukth District: 
 
 Mr. Harirrove nominated Abraham W. Venable, of Granville. 
 
 Mr. Foy nominated x\rchibald 11. Arrington, of Nash. 
 
 Messrs. Barnes and Strong again superintending : 
 
 Foe Mk. Venable — Messrs. Ashe, Berry,, Biggs, Brodnax, 
 Bunting, Caldwell, Carson, Craige, Cunningham, Darden, Dil- 
 lard, Durham. Edwards, Fuller, Greenlee, Grimes, Hargrove, 
 Henkel, Holmes, Houston of Union, Howard, Johnston, Jones 
 of Rowan, Lander, Leak of Anson, McDowell of Bladen, Mc- 
 Dowell of Burke, McDowell of Madison, McNeill of Cumber- 
 land, McNeill of Harnett, Miller, Moody, Moseley, Myers, 
 Penland, Phifer, Reid, Rhodes, Royster, Ruffin, Shaw, Shipp. 
 Stewart, Strong, Sutherland, Thomas of Jackson, Thomp- 
 son, Thornton, Tracy, Turner, Ward, Winslow, Woodfin and 
 Wooten — 54. 
 
 For Mr. Arrington — Messrs. Allison, Armfield, Badger, 
 Barnes, Batchelor, Battle of Wake, Bond, Brown, Calloway, 
 Cannon, Couucill, Davidson, Dick, Douthitt, Eller, Ellison, 
 Ferebee, Fostei- of Ashe, Foy, Gilmer, Gorrell, Graham, Headen, 
 Hicks, Holden, Jones of Caldwell, Joyce, Leak of Richmond, 
 Long, Mann, Merritt, Mitchell, Pettigrew, Sanders, Satter- 
 thwaite, Smith of Johnston, Smith of Macon, Speed, Sprouse, 
 Spruill of Bertie, Spruill of Tyrrell, Walton, Warren, Whitford, 
 Williams, Williamson and Wilson — 47. , 
 
 Messrs. Battle, of Edgecombe, and Washington, voted for 
 Thomas Bragg. 
 
 Mr. Rayner voted tor Paul C. Cameron. 
 
 Mr. Venable voted for Wm. A. Jenkins. 
 
 The tellers reported that 105 votes were given, and that 
 Abraham W. Venable having received a majority thereof, Avas 
 duly elected, in which report the Convention concurred. 
 
1861.] STATE CONVENTION. 125 
 
 i "j; iJiE Fifth Distkict: 
 Mr. Turner nominated John M. Morehead, of Guilford. 
 Mr. Meares nominated John W. Cunningham, of Person. 
 
 Mr. Sanders nominated Edwin G. Reade, of Person. 
 
 Messrs. Strong and Barnes again superintended the election. 
 
 For Mr. Morehead — Messrs. Allison, Arrington, Badger, 
 Barnes, Battle of Wake, Bond, Brodnax, Brown, Caldwell, 
 CalloAvay, Cannon, Carson, Darden, Davidson, Dick, Douthitt. 
 Durham, Eller, Ferebee, Foster of Ashe, Foy, Fuller, Gilmer, 
 Gorrell, Headen, Hicks, Houston of Union, Howard, Johnston, 
 Jones of Caldwell, Jones of Rowan, Joyce, Lander, Leak of 
 Anson, Leak of Richmond, Long, McNeill of Cumberland, 
 McNeill of Harnett, Merritt, Miller, Myers, Pettigrew, Phifcr. 
 Rhodes, Ruffin, Satterthwaite, Shipp, Smith of Johnston, Smitli 
 of Macon, Speed, Sprouse, Spruill of Bertie, Spruill of Tyr- 
 rell, Stewart, Strong, Sutherland, Thomas of Jackson, Tracy, 
 Turner, Walton, Wairen, Washington, Williamson and Wil- 
 son — 64. 
 
 For Mb. Cunningham — Messrs. Ashe, Battle of Edgecimibc, 
 Biggs, Bunting, Craige, Dillard, Edwards, Grimes, Hargrove, 
 Henkel, Holmes, McDowell of Bladen, McDowell of Burke, 
 McDowell of Madison, Meare^s, Moody, Penland, Reid, Roys- 
 ter, Shaw, Thompson, Thornton, Venable, Ward, Williams, 
 Winslow, Woodfin and Wooten — 29. 
 
 For Mk. Reade— Messrs. Armfield, Batchelor, Berry, Coun- 
 cil, Ellison, Graham, Greenlee, Holden, Mann, Mitchell, San- 
 ders, Smith of Halifax, and Whitford — 13. 
 
 Mr. Rayner voted for Montfort McGehee. 
 
 The tellers reported that 107 votes had been given, and that 
 John M. Morehead having received a majority thereof, was 
 duly elected, in which report the Convention concurred. 
 
 The hour therefor having now arrived, the Convention took 
 a recess until 4 o'clock, P. M. 
 
 t 
 
126 JOURNAL OF THE [June 18, 
 
 ' 4 O'clock, P. M. 
 
 The Convention having ic-asseinblcd, proceeded to the elec- 
 tion of deputy to the Confederate Congress 
 
 For the Sixth District : 
 
 Mr. Armficld nominated llichard C. Purycar, of Yadkin. 
 
 Mr. McDowell, of Burke, nominated Rufus L. Patterson, of 
 Forsythe. 
 
 Messrs. Foy and Kittrell were appointed to superintend the 
 ^election. 
 
 For Mr. Puryear — Messrs. Allison, Armfield, Arrington, 
 Badger, Barnes, Battle of Wake, Bond, Brodnax, BroAvn, Cal- 
 loway, Cannon, Davidson, Dick, Douthitt, Eller, Foster of 
 Ashe, Foy, Gilmer, Gorrell, Graham, Headen, Hicks, Holdcn, 
 Houston of Union, Jonfes of Rowan, Joyce, Leak of Anson, 
 Long, Mann, McNeill of Cumberland, Merritt, Mitchell, Pet- 
 tigrew, Phifer, RuflSn, Satterthwaite, Shipp. Smith of Haliiax, 
 Smith of Johnston, Smith of Macon, Speed, Sprouse, Spruill 
 of Bertie, Spruill of Tyrrell, Turner, Walton, Warren, AVash- 
 ington, Whitford, Williams, Williamson and Winslow — 53. 
 
 For Mr. Patterson — Messrs. Ashe, Batchelor, Biggs, Bunt- 
 ing, Caldwell, Carson, Councill, Craige, Cunningham, Darden, 
 Dillard, Durham, EdAvards, Fuller, Grimes, Hargrove, Henkel, 
 Holmes, Howard, Jones of Caldwell, Lander, McDowell of 
 Bladen, McDowell of Burke, McDowell of Madison, McNeill 
 of Harnett, Moody, Moseley, Myers, Penland, Reid, Rhodes, 
 Royster, Sanders, Shaw, SteAvart, Strong, Sutherland, Thomas 
 of Carteret, Thomas of Jackson, Thompson, Thornton, Ti'acy, 
 Venable, Winslow, Woodfin and Wooten — 48. 
 
 The tellers reported that 101 votes had been given, and 
 that Richard C. Puryear, having received a majority thereof, 
 was duly elected, in which report the Convention concurred. 
 
 For the Seventh District: 
 Mr. Lander nominated Burton Craige, of Rowan. 
 Mr. Holden nominated Wm. R. Myers, of Mecklenburg. 
 Messrs. Ferebee and Lander were appointed to superintend 
 the election. 
 
 \ 
 
1861.] STATE CONVENTION. 127 
 
 For Mk. CRAiaE-JIessis. Aslic, Batchelor. Battle of Edge- 
 combe B.ggs Bro-Inax, burning, C.Idwell, Oarson, CunniL- 
 ham,Darde„,DilIard, Durham, Edwards. Foster of Ashe Fov 
 Fuller, Gorrell Grimes. Hargrove. Henkol, Ilicks, fldmes; 
 Houston of Un,on, Howard, Johnston, Jones of Caldwell, Jones 
 of Rowan Lander. JleDowell of Bladen, McDowell of Burke 
 McDowell o Madison, McNeill of Cumberlan,!, McNeill nf 
 
 R -T p, I ''''J"""'^' ^^'"''''^' P'*<"-™». P<^"l»'«'. Phifer, 
 
 Smhh of" kV. '''r' """""• ^"»«"-'>'™*''. Shaw, Shipp, 
 Smith of Hahfax, Sprouse, Stewart, Strong, Sutherland 
 Thomas of Carteret, Thonua of Jackson, Thompson, Thornton, 
 iracj, Turner Vcnable, Washington, Whitford, Williamson 
 « inslow, Woodfin and Wootcn— 64 
 
 For Me. MYERs-Messrs. Allison, Armfield, Arrington. 
 Badger, Barnes, Battle of Wake, Berry, Bond, Brown, Cal- 
 loway, C»non, CounciU, Davidson. Dick, Douthitt. Eller 
 Ferebce G.lmcr, Graham, Headen, Holden, Joyce, Leak of 
 Anson, Leak of Richmond, Long, Mann, Merritt,' Myers, Pet- 
 tigi-ew Sanders, Smith of Jackson, Smith of Macon, Spruill 
 
 soniir" " "' '^■'"'"' ^^''"■'"- ''''■"'■•■•"'"'' "''«'" 
 
 Burton Cra,ge h.ad received a majority, .and was, therefore, 
 duly elected, in which report the Convention concurred. 
 
 For the Eighth Distrxct: 
 Mr. Calloway nominated A. T. Davidson, of Cherokee. 
 Mr. McDowell, of Madison, nominated N. W. Woodfin of 
 inincombe. 
 
 Mess.^. Lander and Ferebee again superintended the election. 
 
 For Me. DAviosoN-Mcssrs. Allison, Armfield, Arrington 
 Badger, Barnes, Battle of Wake, Berry, Bond, Brodnax, Brown,' 
 Calloway, Cannon, CounciU, Dick, Douthitt, Eller, Ferebee 
 Foster of Ashe, Foy, Gilmer, Gorrell, Graham, HeadlrHo t 
 den, Houston of Union, Jones of Caldwell, Jones of Kowan, 
 Joyce, Leak of Anson. Leak of Richmond, Long, Mann, Mc- 
 Ne.ll of Harnett, Merritt, Mitchell. .Myers, Pettigrew. Rhodes. 
 
128 JOURNAL OF THE [Jinr IH. 
 
 Sanders, Satterthwaitc, Sliipp, Smitli of Halifax, Smith of 
 Johnston, Smith of Macon, Speed, Sprousc, Spruill of Bertie, 
 Spruill of Tyrrell, Thomas of Carteret, Walton, Warren, Wliit- 
 ford, Williams^ Williamson and Wilson — 55. 
 
 For Mr. Woodfin — Messrs. Ashe, Batchelor, Battle of 
 Edgecomb^, Biggs, Bunting, Caldwell, Carson, Craige, Cun- 
 ningham, Darden, Dillard, Durham, EdAvards, Fuller, Hargrove, 
 Henkel, Hicks, Holmes, Howard, Johnston, Lander, McDowell 
 of Bladen, McDowell of Burke, 'McDoavcU of Madison, Mc- 
 Neill of Cumberland, Miller, Moody, Moseley, Patterson, Pen- 
 land, Phifer, Reid, Royster, Ruffin, Shaw, Stewart, Strong, 
 Sutherland, Thomas of Jackson, Thompson, Thornton, Tracy, 
 Turner, Venable, Washington, Winslow and Wooten — 47. 
 
 The tellers reported that 102 votes had been given, and that 
 Allen T. Davidson having received a majority thereof, was duly 
 elected, and in this report the Convention concurred. 
 
 And so, the first Representatives of the State of North Caro- 
 lina, in the Congress of the Confederate States of America, 
 are, Messrs. George Davis, William W. Avery, William 
 N. H. Smith, Thomas Ruffin, Thomas D. McDowell, Abra- 
 ham W. V'enable, John M. Morehead, Richard C. Pur- 
 year, BuRioN Craige and Allen T. Davidson. 
 
 On motion, the" Convention then proce'eded to the election of 
 three commissioners of the Board of Claims. 
 
 The following gentlemen were put in nomination : 
 
 By Mr. Satterthwaite, B. F. Moore, of Wake. 
 
 By Mr. Spruill, of Bertie, Patrick H. Winston, of Bertie. 
 
 By Mr. Graham, Samuel F. Phillips, of Orange. 
 
 By Mr. Smith, of Macon, II. B. Vance, of Buncombe. 
 
 By Mr. Ruffin, John H. Dillard, of Rockingham. 
 
 By Mr. Lander, Vardry A. McBee, of Lincoln. 
 
 By Mr. Myers, Thomas A. Aslie, of Anson. 
 
 By Mr. Long, John Manning, Jr., of Chatham. 
 
 By Mr. Biggs, John Norfleet, of Edgecombe. 
 
 By Mr. Calloway, Samuel F. Patterson, of Caldwell. 
 
 By Mr. McDowell, of Bladen, J. J. B. Batchelor, of Warren, 
 
 By Mr. Moseley, Patrick Murphy, of Sampson. 
 
i86l] stATE CONVENTIOK. 120 
 
 By Mr. Kittrelf, M. B. Lanier, of Granville. 
 ' By Mr. McDowell, of Burke, J. J. Erwin, of Burke. 
 Messrs. Kittrol] niul Foy were appointed to superintend tlio 
 election. 
 
 :. For Mr. Moork— Messn-s. Allison, Armfield, Arrington, 
 Badger, Berry, Bond, Brodnax, Brown, Caldwell, Calloway, 
 Cannon, Carson, Davidson, Douthitt, Eller, Ferebee, Foster of 
 Ashe, Foy, Gorrell, Graham, Greenlee, Grimes, Ilicks, Holden, 
 Jones of Caldwell, Jones of Rowan, Leak of Anson, Leak of 
 Richmond, Mann, Mitchell, Pettigrcw, Rayner, Ruffin, Sanders, 
 Satterthwaite, Smith of Halifax, Smith of Jonhston, Smith of 
 Macon, Speed, Sprouse, Spruill of Bertie, Thomas of Carteret, 
 Thornton, Warren, Wliitford, AVilliams, Wilson and Wooten — 48. 
 For Mr. Winston — Messrs. Badger, Barnes, Batchelor, 
 Bond, Brodnax, Cannon, Davidson, Dick, Douthitt, Durham, 
 Ferebee, Foy, Fuller, Gilmer, Gorrell, Jones of Caldwell, Leak 
 of Anson, Mann, McNeill of Harnett, Meares, Miller, Myers, 
 Pettigrew, Rayner, Satterthwaite, Smith-of Johnston, Smith ol' 
 Macon, Speed, Spruill of Bertie, Spruill of Tyrrell, Strong, 
 Sutherland, Tracy, Walton, Warren, Whitford and Williams— 37. 
 For Mr. Vance -Messrs. Councill, Davidson, Hicks, Mc- 
 Dowell of Madison, Penland, Shipp, Smith of Johnston, Smith 
 of Macon, Sprouse, Turner and Woodfin — 11. 
 
 For Mr. Dili.ard — Messrs. Biggs, Brodnax, Brown, Cun- 
 ningham, Darden, Dick, Dillard, Edwards, Foster of Ashe, 
 Gorrell, Greenlee, Hargrove, Johnston, Joyce, Long, McNeill 
 of Cumberland, Mitchell, Moody, Reid, Royster, Ruffin, Shaw, 
 Venable, Washington, Williamson and Wilson — 26. 
 
 For Mr. McBee— Messrs. Caldwell, Carson, Craige, Dur- 
 ham, Graham, Henkel, Johnston, Lander, McDowell of Burke, 
 Meares, Miller, Patterson. Penland. Reid, Satterthwaite, Stew- 
 art and Tracy — 17. 
 
 For Mr. AsiiE—Messrs. Ashe, Barnes, Bunting, Cunning- 
 ham, Dillard, Holmes, Houston of Union, Howard, Jones of 
 Rowan, Leak of Anson, Leak of Richmond, McDowell of Bla- 
 den, McNeill of Harnett, Moody, Myers, Pettigrew. Rovster, 
 17 
 
130 ..JOURNAL OF THK [.Irvi: IS, 
 
 Ruffin, Sliipp, Spruill of Bertie, Sutherland, Venable, Walton 
 and Washington — 24. 
 
 For Mr. Manning — Messrs. Armfield, Arrington, Battle of 
 Wake, Brown, Dick, Gilmer, Headen, Holden, Joyce, Kittrell, 
 Long, Mann, Merritt, Smith of Halifax, Thomas of Carteret, 
 Turner and Warren — 17. 
 
 For Mr. Phillips — Messrs. Allison, Armfield, Badger, 
 Battle of Edgecombe, Battle of Wake, Berry, Biggs, Bond, 
 Cannon, Carson, Barden, Durham, Eller/Ferebee, Foy, Fuller, 
 Graham, Grimes, IIea(Jen, Hicks, Holden, Houston of Union, 
 Howard, Jones of Rowan, Lander, Long, Merritt, Miller, My- 
 ers, Rayner, Sandeis, Shipp, Speed, Sprouse, Spruill of Tyrrell, 
 Stewart, Strong, Thomas of Carteret, Tracy, Walton, William- 
 son and Wooten — 42. 
 
 For Mr. Norfleet — Messrs. Barnes, Battle of Edgecombe, 
 Biggs, Bunting, Craige, Darden, Hargrove, Houston of Union. 
 Howard, Moody, Rhodes, Shaw, Thompson, Thornton and Wil- 
 liamson — 16. 
 
 For Mr. Patterson — Messrs. Allison, Caldwell, Calloway, 
 Councill, Edwards, Eller, Foster of Ashe, Gilmer, Greenlee, 
 Jones of Caldwell, Joyce, Kittrell, McDowell of Burke, Mc- 
 Dowell of Madison, Mitchell, Mosoley, Penland, Rhodes, Stew- 
 art and Wilson — 20. 
 
 For Mr. Batchelor — Messrs. Arrington, Ashe, Batchelor, 
 Battle of Edgecombe, Battle of AVake, Dillard, Edwards, 
 Fuller, Grimes, Holmes, Lander, Leak of Richmond, McDowell 
 of Bladen, McNeill of Cumberland, McNeill of Harnett, Meares, 
 Meritt, Moseley, Patterson, Reid, Royster, Sanders, Shaw, 
 Smith of Halifax, Spruill of Bertie, Strong, Sutherland, Thomp- 
 son, Thornton, Turner, Whitford, Williams and Woodfin — 33. 
 
 Fob Mr. Murphy — Messrs. Ashe, Batchelor, Bunting, Qald- 
 well, Calloway, Cunningham, Hargrove, Hcnkcl, Holmes, Mc- 
 Dowell of Bladen, McNeill of Cumberland, Moseley, Patterson, 
 Rhodes, Thompson, Venable, Washington and Wooten — 17. 
 
 For Mr. Lanier — Messrs. Berry, Douthitt, Headen and 
 Kittrell — 4. 
 
 For Mr. Erwin — Messrs. Craige, Henkel, Johnston, Mc- 
 Dowell of Burke, McDowell of Madison, and Woodfin — 6. 
 
1861.] STATE CONVENTION. 131 
 
 The tellers repoiLcd that 104 vottis had been given, and that 
 no person having received a majority thereof, there was no 
 election, in which report the Convention concurred. 
 
 The Convention then proceeded to the election a second 
 time, as follows : 
 
 For Mr. Moore — Messrs. Allison, Armlield, Arrington, 
 Batchelor, Berry, Bond, Brodnax, Brown, Calloway, Cannon, 
 Carson, Councill, Cunningham, Darden, Douthitt, Eller, Elli- 
 son, Ferebee, Foster of Ashe, Foy, Gilmer, Gorrell, Graham, 
 Greenlee, Grimes, Hicks, Ilolden, Jones of • Caldwell, Jones of 
 Rowan, Joyce, Kittrell, Leak of Anson, Leak of Richmond, 
 Mann, McNeill of Harnett, iMitchell, Myers, Pettigrew, Rayner, 
 Rhodes, Ruffiu, Senders, Sattcrthwaite, Smith of Halifax. 
 Smith of Johnston, Smith of Macon, Speed, Sprouse, Thomas 
 of Carteret, Tiiorntun, Traev, Turner. ^Yalton. Whitford, 
 Williams and Wilson — 5G. 
 
 For Mr.. Winston — Messr.<. Arrington, Badger, Barnes, 
 Batchelor, Berry, Biggs, I>ond, Brodnax, Brown, Cannon, 
 Councill, Dick, Douthitt, Durham, Ferebee, Foster of Ashe, 
 Foy, Fuller, Gilmer, Gorrell, Hicks, Holden, Houston of Union, 
 Jones of Gaston, Leak of Anson, Long, Mann, Meares, Mer- 
 ritt. Miller, Moody, Pettigrew, Rayner, Shaw, Shipp, Smith of 
 Halifax, Smith of Johnston, Smith of Macon, Speed, Spruill 
 of Bertie, Spruill of Tyrrell, Strong, Sutherland, Thomas of 
 Carteret, Tracy, Turner, Venable, Walton, Washington, Whit- 
 ford and Williams — 51. 
 
 For Mr. Phillips — Messrs. Allison, Armfield, Badger, 
 Battle of Edgecombe, Battle of Wake, Berry, Biggs, Bunting, 
 Caldwell, Cannon, Carson, Darden, Davidson, Dick, Douthitt, 
 Durham, Edwards, Eller, Ellison, Foy, Fuller, Gorrell, Graham, 
 Grimes, Headen, Hicks, Holmes, Howard, Johnston, Jones of 
 Rowan, Kittrell, Lander, Long, Merritt, Miller, Patterson, 
 Rayner, Royster, Sanders, Sattcrthwaite, Speed, Sprouse, Stew- 
 art, Strong, Thomas of Carteret, Turner, Washington, AVil- 
 liamson and Wooten — 49. 
 
 For Mk. Batchelor— Messrs. Arrington, Batchelor, Battle 
 of Edgecombe, Battle of Wake, Bond, Bunting, Calloway, Dar- 
 
132 JOURNAL OF THE [Juke 13, 
 
 den, Dillard, Edwards, Feyebee, Fuller, Grimes, Hargrove, 
 Holden, Holmes, Houston of Union, Lander, Leak of Rich- 
 mond, McDowell of Bladen, McNeill of Cumberland, McNeill 
 of Harnett, Meares, Merritt, Moody, Moseley, Reid, Rhodes, 
 Royster, Sanders, Shaw, Smith of Halifax, Smith of Johnston, 
 Sprouse, Spruill of Bertie, Spruill of Tyrrell, Stewart, Strong, 
 Sutherland, Thompson, Thornton, Walton, Whitford, Williams, 
 Williamson, Woodfin and Wooten — 46. 
 
 For Mr. Ashe — Messrs. Barnes, Battle of Wake, Bunting, 
 Caldwell, Craige, Cunningham, Dillard, Edwards, Ellison, 
 Headen, Henkel, Holmes, Houston of Union, Howard, Jones 
 of RoAvan, Leak of Anson, Leak of Richmond, McNeill of 
 Cumberland, Moody, Myers, Pettigrew, Ruffin, Shipp, Spruill 
 of Tyrrell, Sutherland, Washington and Wooten — 27. 
 
 For Mr. Patterson — Messrs. Allison, Calloway, Councill, 
 EUer, Foster of Ashe, Gilmer, Graham, Greenlee, Jones of 
 CaldAvell, Joyce, Mann, McDowell of Burke, McDowell of 
 Madison, Miller, Mitchell, Moseley, Rhodes, Smith of Macon, 
 Wilson and Woodfin — 20. 
 
 For Mr. McBee — Messrs. Barnes, Carson, Craige, Durham, 
 Hargrove, Henkel, Howard, Johnston, Lander, McDowell of 
 Bladen, McDowell of Burke, McDowell of Madison, Meares, 
 Patterson, Penland, Reid, Satterthwaite, Shipp, Spruill of 
 Bertie, Stewart, Thompson, Tracy, Yenable and Woodfin — 24. 
 
 For Mr. Dillard — Messrs. Batchelor, Battle of Edgecombe, 
 Biggs, Brodnax, Brown, Caldwell, Craige, Cunningham, Dar- 
 den, Davidson, Dick, Dillard, Greenlee, Hargrove, Headen, 
 Henkel, Johnston, Joyce, Kittrell, Long, McDowell of Burke, 
 McDowell of Madison, McNeill of Cumberland, McNeill of 
 Harnett, Mitchell, Moseley, Patterson, Penland, Reid, Royter, 
 Ruffin, Shaw, Thompson, Thornton, Venable, Williamson and 
 Wilson — 37. 
 
 Messrs. Erwin, Murphy, Lanier, Manning, Norfieet and 
 Vance, had been withdrawn before the vote was taken. 
 
 The tellers reported that 104 votes had been given, and that 
 B. F. Moore, having received a majority thereof, was duly 
 elected, and in this report the Convention concurred. 
 
•laei.] STATE CONA'ENTIOX. 133 
 
 The CoiivcutioD then proceeded lo the election of the remain- 
 ing two Comniibsioners, the same gentlemen superintending, 
 and the names of Messrs. Ashe. McBec and Patterson being 
 withdrawn. 
 
 For Mr. Winston— Messrs. Allison, Armfield, Arrington, 
 Ashe, Badger, Barnes, Batchclur, Berry, Biggs, Bond, Brod- 
 mix. Brown, Calloway, Cannon, Davidson, Dick, Dillard, 
 Douthitt, Durham, Eller, Ferebee, Foster of Ashe, Foy, Fuller, 
 Gilmer, Hargrove, Ilenkel, Ilicks, Holden, Houston of Union, 
 Jones of Caldwell, Jones of Rowan, Leak of Anson, Leak of 
 Ilichmond, Long, Mann, McNeill of Harnett, Meares, Miller, 
 Alitchell, Moody, Pettigrew, Rayner, Sanders, Satterthwaito. 
 Shipp, Smith of Halifax, Smith of Johnston, Smith of Macon, 
 Speed, Si)rouse, Spruill of Bertie, Spruill of Tyrrel^teuther- 
 land, Thomas of Carteret, Tracy, Turner, Venable, >Valton, 
 Whitford, Williams and Woodfin — (t-j. 
 
 For Mr. Phillips— Messrs. Allison, Armticld, Badger, Bat- 
 tle of Edgecombe, Battle of Wake, Berry, Bond. Bunting, 
 Colloway, Cannon, Carson, Councill, Cunningham, Dardcn, 
 Davidson, Dick, Douthitt, Durham, Edwards, Eller, Ellison, 
 Foster of Ashe, Foy, Gilmer, Gorrell, Graham, Grimes, Headcn, 
 Hicks, Holden, Holmes, Houston of Union, Howard, Johnston, 
 Jones of Caldwell, Jones of Rowan, Joyce, Kittrell, Lander, 
 Leak of Anson, Long, Mann, Merritt, Miller, Moseley, Patter- 
 son, Pettigrew, Rayner, Ruffin, Sanders, Satterthwaite, Shipp, 
 Smith of Johnston, Smith of Macon, Speed, Sprouse, Strong, 
 Thomas of Carteret, Tracy, Turner, Walton, W^ashington, Wil- 
 liamson, Wilson and Wooten — 65. 
 
 For Mr. Dillard— Messrs. Biggs, Brodnax, Brown, Car- 1 
 son, Councill, Craige, Cunningham, Dillard, Gorrell, Graham, 
 Greenlee, Hargrove, Henkel, Holmes, Johnston, Joyce, Kit- 
 trell, McDowell of Bladen, McDowell of Burke, McDowell of 
 Madison, McNeill of Cumberland, McNeill of Harnett, Meares, 
 Mitchell, Patterson, Pcnland, Reid, Rhodes, Royster, Ruffin, 
 Shaw, Spruill of Bertie, Stewart, Thompson, Thornton, Vena- 
 ble, Washington, AVilliamson and AVilson — 39. 
 
134 JOURNAL OF THE [June 19,' 
 
 l^OR Mr.. Baicjielou — Mosbrs. Amngtun, Asihe, Barnes, 
 Batclielor, Battle of Edgecombe. Battle of AVake, Bunting, 
 Craigc, Darden. Edwards, Ferebee, Fuller, Greenlee, Grimes, 
 Headen Howard, Lander, Leak of Richmond, McDowell of 
 Bladen, McDowell of Burke, McDowell of Madison, McNeill 
 of Cumberland, Mcrritt. Moody, Mosclcy, Pcnland, Reid, 
 Rhodes, Shaw, Smith of Halifax, Spruill of Tyrrell, Stewart, 
 Strong, Sutherland, Thompson, Thornton. Whitford, Williams, 
 Woodfin and Wootcn — 40. 
 
 Foil Mr. McBee— Mr. Ellisun— 1. 
 
 The tellers reported that Samuel F. Phillips and Patrick H. 
 Winston, Jr., had each received a majority of the votes given, 
 and were, therefore, duly elected, and in this report the Con- 
 vention concurred. 
 
 Mr. Jones, of Rowan, moved to reconsider the vote of yes- 
 terday by which the ordinance relating to a meeting of the 
 Genera] Assembly was rejected. 
 
 Mr. Ashe move<l that said motion lie on the table, and before 
 any decision thereon, 
 
 On motion of Mr. Badg-^r, the Convention adjourned. 
 
 IN CONVENTION, Wednesday, June 19, 1861. 
 
 The President took the chair and called the Convention to 
 order. Prayer by Rev. Thomas E. Skinner, of the Baptist 
 Church. 
 
 The journal of yesterday was read and approved. , 
 
 Mr. Battle, of Wake, from the committee on Enrollments, 
 reported that the following ordinance and resolutions had been 
 examined and found correct : 
 
 An ordinance defining treasoii against the State. 
 
 A resolution in favor of L. W. Joyner. 
 
 A resolution in regard to flag of the first regiment of N. C. 
 volunteers, and the inscription thereon. 
 
 Which were severally signed by the President and attested 
 by the Secretaries. 
 
 tL 
 
.1861.J STATK CONVENTION. ^ i>]., 
 
 Mr. lluffin offered n resolution in regard to the acceptance of 
 
 cavalry companies for the war or foi- twelve months, which 
 
 passed its first reading. 
 
 w* Mr. Smith, of Johnston, from the select committee to whom 
 
 ^ the subject had been referred, reported an ordinance in relation 
 
 to oaths of fidelity and allegiance, which passed its first reading, v 
 
 Mr. Armfield offered a resolution asking information of the 
 Governor, as to the removal of the names of certain officers of 
 the militia of Yadkin county from the militia rolls of the State, 
 which lies over one day. 
 
 The resolution of Mr. Gorrell relating to the printing the 
 Articlesof War and Army Regulations of the Confederate States, 
 was then read the third time, passed and ordered to be enrolled. 
 
 The resolution of Mr. Thomas, of Jackson, in regard to the 
 basis of representation, was taken w]) nnd referred to the com- 
 mittee on Revenue and Taxation. 
 
 The resolution of Mr. Davidson in regard to the payment of 
 coupons on the bonds of the State, held by onr enemies, was 
 referred to die Committee of Finance. 
 
 • The proposed amendment to the Rules of Order, by Mr. 
 Battle, of Wake, was taken up, and the question hieing put 
 thereon, it was not agreed to. 
 
 The resolution fixing the compensation of the President and 
 officers of the Convention, passed its third reading and was 
 ordered to be enrolled. 
 
 The resolution proposing to raise troops west of the Blue 
 Ridge, for the defense of that part of the State was, on motion 
 of Mr. Biggs, ordered to lie on the table. 
 
 The resolution of Mr. Battle, of Wake, asking infelftnation 
 of the, Gov€fnor in regard to the appointments to militauy office, 
 was read the second time, when Mr. Biggs called for the orders 
 of the day, ^he hour for the consideration thereof havino- 
 arrived, 
 
 Mr. Battle, of Wake, moved to postpone the same, until his 
 resolution was disposed of, and it was agreed to. 
 
 Whereupon. Mr. Ruffin moved to amehd the resolution as 
 follows: "And in ca.^e it is necessary, to enable the Governor 
 
i;;(i . lorRNAU OK TlfK |Jikk V-K 
 
 to give this Dii'dijiKitioii, lie .shall be autliovized to employ an 
 additional clerk,' which was agreed to, and as thus mnended 
 the resolution was adopted. 
 
 The orders of the day then coming up, Mr. Batchelor moved 
 to postpone the same, in order to take up the resolution of "Mr. 
 Jones, of Rowan, to re-consider the vote by Avhich the ordi- 
 nance relating to the meeting of the General Assembly was 
 rejected. 
 
 On this motion a debate arose, and a question of order Avas 
 raised, whether parliamentary law allowed a discussioon on a 
 motion to postpone, that the body might consider a motion to 
 re-consider when there was a pending motion to lay on the 
 table the motion to re-consider. [Sec proceedings at the close 
 of afternoon session of yesterday.] 
 
 The President decided that the motion to lay on the table 
 was not the motion now before the Convention, but that it was 
 the motion of the gentleman from Halifax, (iNIr. Batchelor,) to 
 postpone another subject in order that the Convention might 
 consider the motion made yesterday, by the gentleman from 
 New Hanover, (Mr. Ashe,) therefore, it was parliamentary fo 
 give the reason why the motion to postpone should prevail, but 
 that members should confine themselves to that, and not dis- 
 cuss the questions involved in the motion to reconsider. 
 
 On the motion to postpone, the ayes and noes were ordered, 
 (m motion of Mr. Ellison, and resulted in the affirmative, as 
 ibllows : 
 
 Ayes — Messrs. Allison," Armfield, Arrington, Badger, Barnes, 
 Batchelor, Battle of Edgecombe, Battle of Wake, Berry, Bond, 
 Browiii" Calloway, Cannon, Christian, Councill, Davidson, Dick, 
 DoutWtt, Eller, Ellison, Ferebee, Foster of Ashe, .Gilmer, Gor- 
 rell, Graham, Hearne, Holden, Houston of Unfbn, Jones of 
 Caldwell, Jones of lloAvan, Kittrell, Leak of Anson, Leak of 
 Richmond, Long, Mann, McNeill of Harnett, Merritt, Myers, 
 Penland, Pettigrew, Rayner, Rhodes, Shipp, Smith of Halif\ix, 
 Smith of Johnston, Smith of Macon, Speed, Sprouse, Spruill 
 of Tyrrell, Warren, "Wiisliington. WiHianis, Williamson, AYilson 
 and Woodfin — 53. 
 
1861.] STATE CONVENTION. • 1:17 
 
 Noes — Messrs. Biggs, Brodnax, Bunting, Caldwell, Carson. 
 Craige, Cunningham, Darden, Dillard, Durham, Edwards, Foy, 
 Fuller, Greenlee, Grimes, Hargrove, Headen, Henkel, Hick:*, 
 Holmes, Howard, Johnston, Lander, McDowell of Bladen. 
 McDowell of Burke, McDowell of Madison, McNeill of Cum- 
 berland, Miller, Mitchell, Moody, Moseley, Osborne, Patter- 
 son, Reid, Royster, Ruffin, Sanders, Satterthwaite, Shaw, 
 Spruill of Bertie, Stewart, Sutherland, Thomas of Carteret, 
 Thomas of Jackson, Thompson, Thornton, Tracy, Turner, Ven- 
 able, Walton and Wootcn — 51. 
 
 So the motion prevailed, and, the question now being, will the 
 Convention order the motion to re-consider the ordinance relat- 
 ing to the meeting of the General Assembly, to lie on the table ? 
 the ayes and noes were ordered, on motion of Mr. Ferebee, 
 and resulted in tlie negative, as folloAvs : * 
 
 Ayes — Messrs. Ashe, Battle of Edgecombe, Biggs, Bunting, 
 Caldwell, Carson, Craige, Darden, Dillard, Durham, Edwards, 
 Foy, Greenlee, Grimes, Hargrove, Henkel, Hicks, Holmes, 
 HoAvard, Lander, McDowell of Bladen, McDoAvell of Burke, 
 McDowell of Madison, McNeill of Cumberland, Miller, Mitchell. 
 Moody, Moseley, Osborne, Patterson, Reid, Royster, Ruffin, 
 Satterthw^aite, ShaAv, Stewart, Strong, Sutherland, Thomas of 
 Jackson, Thompson, Thornton, Tracy, Venable and Wooten — 42. 
 
 Noes — Messrs. Allison, Armfield, Arrington, Badger, 
 Barnes, Batchelor, Battle of Wake, Berry, Bond, Brodnax. 
 Brown, Calloway, Cannon, Christian, Councill, Cunningham, 
 Davidson, Dick, Douthitt, Eller, Ellison, Ferebee, Foster of 
 Ashe, Fuller, Gilmer, Gorrell, Graham, Headen, Hearne, Hol- 
 den, Houston of Union, Johnston, Jones of CaldAvell, Jones of 
 Rowan, Kittrell, Leak of Anson, Leak of Richmond, Long, 
 Mann, McNeill of Harnett, Merritt, Myers, Penland, Petti- 
 grew, Phifer, Rayncr, Rhodes, Sanders, Shipp, Smith of Hali- 
 fax, Smith of ^Johnston, Smith of Macon, Speed, Sprouse. 
 Spruill of Bertie, Spruill of Tyrrell, Thomas of Carteret, 
 Turner, Walton, Warren, Washington, Williams, Williamson, 
 Wilson and Woodfin — (M. 
 18 
 
138 JOURNAL OF THE [June 19, 
 
 The question then recurred on the motion to re-consider, on 
 which the ayes and noes were ordered, on motion of Mr. Ashe, 
 and resulted in the afifirmative, as follows : 
 
 Ayes — Messrs. Allison, Arrafield, Arrington, Badger, Batch- 
 elor, Battle of Wake, Berry, Bond, Brown, Calloway, Cannon, ^ 
 Christian, Council!, Cunningham, Davidson, Dick, Douthitt, • 
 Eller, Ellison, Ferebee, Foster of Ashe, Fuller, Gilmer, Gorrell, 
 Graham, Headen, Hearne, Holden, Houston of Union, Jones 
 of Caldwell, Jones of Rowan, Kittrell, Leak of Anson, Leak 
 of Richmond, Long, Mann, McNeill of Harnett, Merritt, Myers, 
 Pettigrewj Phifer, Rayner, Rhodes, Sanders, Shipp, Smith of 
 Halifax, Smith of Johnston, Smith of Macon, Speed, Sprouse, 
 Spruill of Tyrrell, Thomas of Carteret, Warren, Washington, 
 Williams, Williamson and Wilson — 57. 
 
 Noes — Messrs. Ashe,' Barnes, Battle of Edgecombe, Biggs. 
 Brodnax, Bunting, Caldwell, Carson, Craige, Darden, Dillard, 
 Durham, Edwards, Foy, Greenlee, Grimes, Hargrove, Henkel, 
 Hicks, Holmes, Howard, Johnston, Lander, McDowell of Bla- 
 den, McDowell of Burke, McDowell of Madison, McNeill of 
 Cumberland, Miller, Mitchell, Moody, Moseley, Patterson, Pen- 
 land, Reid, Royster, Ruftin, Satterthwaite, Shaw, Spruill of 
 Bertie, Stewart, Strong, Sutherland, Thomas of Jackson, Thomp- 
 son, Thornton, Tracy, Turner, Venablc, Walton, Woodfin and 
 Wooten — 51. 
 
 The Convention having agreed to re-consider, the qnestion 
 was. Shall tliis ordinance pass its third reading ? 
 . Mr. Howard moved to amend the same by adding a clause, 
 requiring the General Assembly to meet on the 15th day of 
 August. 
 
 Pending the consideration of which, the hour therefor arrived, 
 and the Convention took a recess until 4 o'clock, P. M. 
 
 4 O'clock, P. M. 
 The Convention re-asserabled and resumed the consideration 
 of the business pending at the hour of recess*, being the amend- 
 ment of Mr, Howard. 
 
1861.] STATE CONVENTION. 139 
 
 On this question the ayes anil noes w;ere ordered, on motion 
 of Mr. Howard, and resulted in the adoption of the amend- 
 ment, as follows: 
 
 Ayes— Messrs. Allison, Ashe, Badger, Batchclor, Battle of 
 Edgecombe, Biggs, Brodnax, Brown, Bunting, Caldwell, Callo- 
 way, Councill, Craige, Darden, Davidson, DiUard, Durham, 
 Edwards, Eller, Ellison, Gilmer, Gorrcll, Greenlee, Grimes', 
 Hargrove, Henkol, Hicks, Holmes, Howard, Johnston, Jones of 
 Kowan, Lauder, Leak of llichmond, Mann, McDowell of Burke. 
 McDowell of Madison, McNeill of Cumberland, McNeill of 
 Harnett, Merritt, Miller, Mitchell, Mooily, Moseley, Osborne, 
 Patterson, Pcnland, Pcttigrcw, Phifer, Rhodes, Royster, Ruffin,' 
 .Sanders, Shaw% Shipp, Smith of Halifax, Smith of Johnston! 
 Smith of ]\Iacon, Speed, Sprousc, Spruill of Tyrrell, Strong, 
 Sutherland, Thompson, Thornton, Tracy, Venable, Walton! 
 Williamson, Wilson and Wootcn — TO. 
 
 Noes— Messrs. Armfield, Arnngtou, Battle of Wake, Berry, 
 Cannon, Carson, Christian, Cunningham, Dick, Douthitt, Fere- 
 bee, Toy, Graham, Hcaden,' Hearne, Holden, Houston of Union. 
 Jones of Caldwell, Kittrell, McDowell of Bladen, Rayner, Sat- 
 tcrthwaite, Thomas of Carteret, Thomas of Jackson, Washing- 
 ton, Williams and Woodfin — 27. 
 
 The question was then on the final passage of the ordinance, 
 as amended, on which the ayes and noes were ordered, on mo- 
 tion of Mr. Thompson, and resulted in the affirmative, as fol- 
 lows: 
 
 Ayes— Messrs. Allison, Armfield, Arrington, Badger, Batchc- 
 lor, Battle of Wake, Berry, Bond, Brown, Bunting, Calloway, 
 Cannon, Christian, Councill, Davidson, Dick, Douthitt, Ellcr, 
 Ellison, Ferebee, Foster of Ashe, Gilmer, Gorrell, Graham, 
 Headen, Hicks, Holden, Houston of. Union, Howard, Jones of 
 Caldwell, Jones of Rowan, Joyce, Kittrell, Leak of Richmond, 
 McNeill of Harnett, Merritt, Miller, Mitchell, Osborne, Pat- 
 terson, Penland, Pettigrew, Phifer, Rhodes, Sanders, Shipp, 
 Smith of HalifVix, Smith of Johnston, Smith of Macon, Speed, 
 Sprouse, Spruill of Bertie. Spruill of Tyrrell, Strong, Thomas 
 of Carteret, AValton, Warren, Washington, Williamson and 
 Wilsoy- 60. 
 
140 JOURNAL OF THE [Junk 19, 
 
 NoiiS — Medtiis. Aahe, Battle of .Edgecombe, Biggs, Brodnax, 
 Caldwell, Carson, Craige, Cunningham, Darden, Dillard, Bur- 
 ham, Edwards, Foy, Greenlee, Grimes, Hargrove, Hearne, 
 Henkel, Holmes, Johnston, Lander, McDowell of Bladen, Mc- 
 Dowell of Burke, McDowell of Madison. McNeill of Cumber- 
 land, Moody, Moseley, Iloyster, Ruffin, Satterthwaite, Shaw, 
 Sutherland, Thomas of Jackson, Thompson, Thornton, Tracy, 
 Turner, Venable, Williams, Woodfin tind Wooten — 40. 
 
 The ordinance having passed its tliird and last reading, was 
 ordered to be enrollfed, 
 
 Mr. Howard moved to re-consider the vote by which the ordi- 
 nance passed its third reading, and it was not agreed to. 
 
 On motion of Mr. Biggs, the Convention proceeded to the 
 consideration of the resolution relating to the adjournment of 
 this body on Saturday next. 
 
 Mr. Ellison moved to strike out the word ''next,' and insert 
 the words, " 29th instant." 
 
 Mr. Meares moved that the subject lie on the table, on which 
 the ayes and noes were ordered, on motion of Mr. Biggs, and 
 resulted in the negative, as follows : 
 
 Ayes — Messrs. Allison, Armfield, Arriugton, Badger, Batch- 
 elor, Battle of Wake, Berry, Bond, Cannon, Christian, David- 
 son, Dick, Douthitt, Ferebee, Gilmer, Gorrell, Graham, Hearne, 
 Holden, Houston of Union, Jones of Caldwell, Jones of Rowan, 
 Joyce, Kittrell, Long, Mann, McNeill of Cumberland, McNeill 
 of Harnett, Meares, Merritt, Pettigrew, Rhodes, Ruffin, San- 
 ders, Shipp, Sprouse, Thomas of Carteret, Turner, Warren, 
 Wilson and Woodfin — 41. 
 
 Noes — Messrs. Ashe, Battle of Edgecombe, Biggs, Brown, 
 Bunting, Caldwell, CalT^hvay, Carson, Council], Craige, Cun- 
 ningham, Darden, Dillard, Durham, Edwards, Eller, Ellison, 
 Foster of Ashe, Foy, Greenlee, Grimes, Hargrove, Henkel, 
 Hicks, Holmes, Howard, Johnston, Lander, Leak of Richmond, 
 McDowell of Bladen, McDowell of Bmke, McDowell of Mad- 
 ison, Miller, Mitchell, Moody, Moseley, Osborne, Patterson, 
 Penland, Rayner, Royster, Satterthwaite, Shaw, Smith of Hal- 
 ifax, Smith of Johnston, Speed, Spruill of Bertie, Strong, 
 
1861.] STATE CONVENTIOK. 141 
 
 {Sutherland, Thomas of Jackson, Thompson, Thornton, Tracy, 
 Venable, Walton, Washington, Williams, Williamson and Woo- 
 ten— 59. 
 
 Mr. Graham morcd to postpone the further consideration of 
 the subject until IHicsday next, on which motion the ayes and 
 noes were ordered, on motion of Mr. Arnifiold. and resulted in 
 the negative, as follows: 
 
 Ayes — Messrs. Allison, Armiield, Arrington, Badger, Batch- 
 elor, Battle of Wake, Berry, Bond, Cannon, Christian, Coini- 
 cill, Davidson, Dick, Douthitt, Ferebcc, Gilmer, Gorrell, Gra- 
 ham, Headen, Holden, Houston of Union, Jones of Caldwell, 
 Jones of Rowan, Kittrcll, Long, Mann, McNeill of Cumber- 
 land, McNeill of Harnett, Meares, Merritt, Mitchell, Petti- 
 grew, Rhodes, Rnffin, Sanders, Shipp, Smith of Halifax, Smith 
 of Macon, .Speed, Sprouse, Spruill of Bertie, Sprtiill of Tyr- 
 rell, Thomas of Carteret. Turner, Warren. Washington. Wilson 
 and Woodfin — 48. 
 
 Noes — Messrs. Ashe, Battle of Edgecombe, Biggs, Brown. 
 Bunting, Caldwell, Calloway, Carson, Craige, Cunningham. 
 Darden, Dillard, Durham, Edwards, Eller, Ellison, Foster of 
 Ashe, Foy, Fuller, Greenlee, Hargrove, Hearne, Henkel, Hicks, 
 Holmes, Howard, Johnston, Joyce, Lander, Leak of Richmond. 
 McDowell of Bladen, McDowell of Burke, McDowell of Madi- 
 son. Miller, Moody, Moseley, Osborne, Patterson, Penland, 
 Phifer, Rayner, Royster, Satterthwaite, Shaw, Smith of John- 
 ston, Strong, Sutherland, Thomas of Jackson, Thompson. 
 Thornton, Tracy, Venable, Walton, W^illiams, Williamson and 
 Wooten — 56. 
 
 The ({uestion was then on the aniendiucnt of Mr. Ellison, 
 and on his motion the ayes and noes were ordered, and resulted 
 in the negative, as follows : 
 
 Ayes — Messrs. Allison, Arrington, Badger, Battle of Wake, 
 Berry, Bond, Cannon, Christian, Councill, Davidson, Dick, 
 Eller, Ellison, Fuller, Gilmer, Graham, Holden, Jones of Cald- 
 well, Jones of Rowan, Joyce, Kittrell, Long, Mann, McNeill 
 of Cumberland, McNeill of Harnett, Meares, Merritt, Osborne, 
 Patterson, Penland, Pettigrew, Rayner, Rhodes, RufBn, Smith 
 
142 . JOURNAL OF THE [June 19, 
 
 of Halifax, Smith of Johiistou, Smith of Macon, Speed, Sprouse, 
 Spruill of Bertie, Spruill of Tyrrell, Thomas of Carteret, 
 Turner, Walton, Warren, Wilson and Woodfin — 47, 
 
 Noes — Messrs. iVrmfield, Ashe, Batchelor, Battle of Edge- 
 combe, Biggs, Brodnax, Brown, Bunting, Caldwell, Calloway, 
 Carson, Craige, Cunningham, Darden, Dillard, Douthitt, Dur- 
 ham, Edwards, Foster of Ashe, Foy, 'Gorrell, Greenlee, Har- 
 grove, Headen, Hearne, Henkel, Hicks, Holmes, Houston of 
 Union, Howard, Johnston, Lander, Leak of Richmond, Mc- 
 Dowell of Bladen, McDowell of Burke, McDowell of Madison, 
 Miller, Mitchell, Moody, Moseley, Myers, Phifer, Royster, San- 
 ders, Satterthwaite, Shaw, Strong, Sutherland, Thomas of 
 Jackson, Thompson, Thornton, Tracy, Venablo, Washington. 
 Williams, Williamson and Wooten — 50. 
 
 Mr. Smith, of Johnston, moved to amend by striking out 
 "Saturday,"', and inserting "Friday," and it was not agreed to. 
 
 Mr. Kittrell moved the indefinite postponement of the Avhole 
 subject, which was not agreed to. 
 
 On motion, the words " Saturday next"' were stricken out, 
 and "Wednesday, the 27th instant," inserted. 
 
 On motion of Mr. Badger, the question was divided, so that 
 the vote shall first be on that part of the resolution relating to 
 ndjournmont, and on this question the ayes and noes were 
 ordered, on motion of Mr. Smith, of Johnston, and resulted in 
 the afiirmative, as follows : 
 
 Ayes — Messrs. Ashe, Battle of Il'dgecombe, Biggs, Bond, 
 Brodnax, Brown, Bunting, Caldwell, Carson, Craige, Cunning- 
 ham, Darden, Dillard, Durham, Edwards, Eller, Ellison, Foy, 
 Fuller, Grimes, Hargrove, Hearne, Henkel, Hick, Holmes, 
 Houston of Union, How^ard, Johnston, Lander, Leak of Richmond, 
 McDowell of Bladen, McDowell of Burke, McDowell of Madison, 
 McNeill of Cumberland, McNeill of Harnett, Merritt, Miller, 
 Mitchell, Moody, Moseley, Osborne, Penland, Phifer, Rhodes, 
 Royster, Ruffin, Satterthwaite, Shaw, Smith of Halifax, Speed, 
 Sprouse, Spruill of Bertie, Stewart, Strong, Sutherland, Thomas 
 of Jackson, Thompson, Thornton, Tracy, Amenable, Walton, 
 W^ashington, Williams, Williamson and Wooten — i55. 
 
1861.] STATE CONVENTION. 143 
 
 Noes — Messrs. Allison, Armfield, Arrington, JBadger, Batcli- 
 elor, Battle of Wake, Berry, CalloAvay, Cannoft, Christian, 
 Councill, Davidson, Dick, Douthitt, Ferebee, Foster of Ashe. 
 Gilmer, Gorrell, Graham, Green, Greenlee, Ileaden, [lolden. 
 Jones of Caldwell, Jones of Rowan, Joyce, Kittrell, Long, 
 Mann, Myers, Patterson, Pettigrew, Sanders, Shipp, Smith of 
 Johnston, Smith of Macon, Spruill of Tyrrell, Thomas of Car- 
 teret, Turner, Warren, Wilson and Woodfin — 42. 
 
 The first branch of the resolution being adopted, the ques- 
 tion was on the second branch, relating to the re-assembling 
 of the Convention. 
 
 Mr. Badger moved to strike out the word, "November," and 
 insert, "October." 
 
 Mr. Howard asked a division of the question so as to vote 
 ill St on striking out, and on this the ayes and noes were ordered, 
 on motion of Mr. Speed, and resulted in the negative, as fol- 
 lows: 
 
 Ayes— Messn-s. Armfield, Arringtiou, J^adger, Battle of 
 Wake, Calloway, Cannon, Christian, Dardcn, Davidson, Dick, 
 Douthitt, Edwards, Ellison, Ferebee, Fuller, Gilmer, Green, 
 Grimes, Headen, Hicks, Holden, Jones of Rowan, Joyce, Kit- 
 trell, Leak of Richmond, McNeill of Cumberland, McNeill of 
 Harnett, Meares, Moody, Patterson, Rayner, Rhodes, Sanders, 
 Satterthwaite, Smith of Halifax, Smith of Johnston, Smith of 
 Macon, Sprouse, Spruill of Bertie, Sutltorlund, Thomas of Car- 
 teret, and Warren — 42. 
 
 Noes— Messrs. Allison, Ashe, Batchclor, Battle of Edge- 
 combe, Berry, Biggs, Bond, Brodnax, Brown, Bunting, Cald- 
 well, Carson, Cunningham, Dillard, Durham, Eller, Foster of 
 Ashe, Foy, Graham, Hargrove, Hearne, Henkel, Holmes, 
 Houston of Union, Howard, Johnston, Jones of Caldwell, Lan- 
 der, Long, Mann, McDowell of Burke, McDowell of Madison, 
 Merritt, Miller, Mitchell, Moseley, Myers, Osborne, Penland, 
 Pettigrew, Phifer, Royster, Shaw, Speed, Spruill of Tyrrell, 
 Stewart, Strong, Thomas of Jackson, Thompson, Thornton, 
 Tracy, Turner, Venable, Walton, Washington, Williams. Wil- 
 liamson, Wilson, Woodfin and Wooten — (H. 
 
144 JOTTRNAt OF THI5 [June 20. 
 
 Mr. Long moved to strike out the word, ''first," and insert. 
 " third." before the word "November,'' and it was agreed to. 
 
 ]Mr. Green moved to lay the subject on the table, and it was 
 not agreed to. 
 
 On motion of Mr. Badger, the words, "of any five members," 
 were stricken out, and the words " of Messrs. RuflSn, Graham, 
 Bigg:^, BroAvn and Osborne, or any three of them," were inserted. 
 
 The question W;i^ then on the passage of the resolution as 
 amended, <in its third reading, and it was decided in the aifir- 
 niative. 
 
 Mr. Biggs moved to re-consider the vote just taken. 
 
 Mr. Meares moved to lay that motion on the table, and it 
 was not agreed to. 
 
 On motion of Mr. Mitchell, leave of absence was granted to 
 Mr. Calloway, from and after Monday next. 
 
 On motion of Mr. Speed, leave of absence was granted to 
 Mr. Moody, from and after Saturday next. 
 
 On motion of Mr. Ashe, leave of absence was granted to 
 Mr, Wooten, from and after Friday next. 
 
 On motion of Mr. RufRn, the ordinance to amend the 2nd 
 Section of the fourth Article of the Amendments to the Con- 
 stitution, was then taken up and put upon its third reading. 
 
 Mr. Hargrove moved to amend as follows: Strike out all 
 after the ordaining clause, and insert, " No person who shall 
 deny the being of God, shall be capable of holding any office 
 or place of trust or profit in the civil department within this 
 State, ' and it was not agreed to. 
 
 The ordinance then passed the third reading and was ordered 
 to be enrolled. 
 
 The Convention then took up the ordinance providing pay- 
 ment to Sheriffs for holding the elections of members of this 
 Convention. 
 
 Then, on motion of Mr. Badger, tlic Convention adjourned. 
 
1861.] STATE CONVENTION. 145 
 
 IN CONVENTION, Thursday, June 20, 1861. 
 
 The President took the chair and called the Convention to 
 order. Prayer by Rev. Dr. Richard S. Mason, of the P. E. 
 Church. 
 
 The journal of yesterday was read and approved. 
 
 Mr. Speed introduced an ordinance to amend the 1st Section 
 of the 1st Article of the amendments to the Constitution, which 
 passed the first reading. 
 
 Mr. Williams offered a resolution instructing the committee 
 on Common Schools to inquire into the propriety of suspending 
 the public schools during the war, and appropriating the annual 
 revenue therefor to the uses of the State, which was agreed to. 
 
 Mr. Thomas, of Jackson, offered a resolution instructing the 
 committee on Common Schools to inquire into the expediency 
 of amending the Constitution of the State upon that subject, 
 which was ordered to lie on the table. 
 
 The resolution allowing members of the Convention, elected 
 to fill vacancies, to sign the ordinance of secession, was taken 
 up for consideration, and on motion of Mr. Badger, ordered to 
 lie on the table. 
 
 The resolution in regard to bills of credit, Avas also ordered 
 to lie on the table. 
 
 On motion of Mr. Graham, Capt. John L. Bridgers, of the 
 Edgecombe Guards, Avho bore a conspicuous and honorable part 
 in the recent battle of Bethel Church, was invited to a seat within 
 the bar of the Convention. 
 
 # The resolution in relation to Elizabeth Chavis and her infant 
 child, free persons of color of AVake county, was taken up and 
 referred to the committee on free persons of color. 
 
 The ordinance to amend the 4th Section of the 4th Article 
 of Amendments to the Constitution, was then taken up and 
 passed its second reading, and, the rules being suspended, 
 passed its third reading, and ordered to be enrolled. 
 
 The ordinance relative to the conferring brevet rank in cer- 
 tain cases, was read the second time, and on motion of Mr. 
 Graham, postponed until Thursday next. 
 19 
 
146 JOURNAL OF THE [June 20, 
 
 Mr. Washington introduced a resolution declaring that the 
 act of the General Assembly, commonly known as the " Stay 
 Law," needs amendment, and proposing a committee to report 
 an ordinance on that subject, just to creditors and debtors, 
 which passed its first reading. 
 
 The ordinance providing compensation to Sheriffs for holding 
 elections of members of this Convention, was taken up, passed 
 its third reading and ordered to be enrolled. 
 
 The resolution asking certain information in regard to the 
 State troops and volunteers, then passed its third reading and 
 was ordered to be enrolled. 
 
 The ordinance heretofore introduced by Mr. Graham, in 
 regard to the disposition of the forces of the State, was then 
 taken up on its second reading, to which he offered the follow- 
 ing amendment : Fill the blank in the second Section, line 
 tliird, with the words, "loth of Jul}'," and with the same in 
 Section four, line six, and insert as an additional section, 
 
 Be it further ordained, That the above forces and vessels of 
 this State be transferred to the said Confederate States, upon the 
 same terms and conditions that are provided as to the State 
 troops, in the second section of this ordinance. 
 
 In section six, after the word "discharged," in line 13, the 
 words, "and that no staff officers of any of said troops shall 
 be retained in the service of the State after the transfer or 
 muster into the service of the Confederate States, as aforesaid, 
 but shall be, in like manner, discharged, unless accepted into 
 the sei;vice of the said Confederate States." 
 
 And add, as Sections 9, 10, and 11, the following : 
 
 Be it further ordained, That the act of the General Assem- 
 bly, entitled "An Act to create a Military Board," be, and the 
 same is hereby repealed, from and after the 15th of July nej^t. 
 
 Be it further ordained, That no oath shall be required to be 
 taken by the officers or soldiers aforesaid, except the oath of 
 allegiance to the State of North Carolina, prior to their being 
 mustered into the service of the Confederate States, but each 
 man shall be held and deemed to be in military service, and 
 subject to the rules and articles of war of the Confederate 
 States, from the time of his signing the articles of enlistment. 
 
1861.] STATE CONVENTION. 
 
 147 
 
 Be it further ordained, That a commission of two persons to 
 be chosen by this Convention, shall be dispatched to confer 
 with the President of the Confederate States, upon the matters 
 embodied in this ordinance, as early as may be practicable and 
 make report of the result of such conference to the Governor 
 for his action in the premises. 
 
 On motion of Mr. Graham, the lobbies and galleries were 
 cleared, and the Convention proceeded to sit with closed doors 
 and so continued until the hour for recess. ' 
 
 4 0'c(.ocK, P. M. 
 
 The Convention resumed its business in secret session, and 
 so continued until a late hour, when the doors were opened. 
 
 The ordinance relating to taxation and revenue, and the pub- 
 lic debt, was then put upon its second reading, and passed the 
 same by general consent, and ordered to a third reading to- 
 morrow. 
 
 Mr. Batchclor moved that the ordinance relating to the juris- 
 diction of the Courts be taken up and made the special order 
 for Saturday, at 11 o'clock ; 
 
 Pending the consideration of which, on motion, the Conven- 
 tion adjourned. 
 
 IN CONVENTION, Friday, June 21, 1861. 
 
 The Convention met at the usual hour, the President in the 
 chair. Prayer by the Rev. J. M. Atkinson, of the Presby- 
 terian Church. 
 
 The journal of yesterday was read and approved. 
 
 Mr. McDowell, of Madison, presented a petition from certain 
 citizens of his county in relation to lands held by citizens of a 
 foreign government with which we are at war, which, on his 
 motion, was referred to the select committee on the memorial 
 of citizens of Wilmington on the same subject. 
 
148 JOURNAL OF THE [June 21, 
 
 The President laid before the Convention a communication 
 from His Excellency, the Governor, enclosing a detailed account 
 by Col. D. II. Hill, of the recent battle of Bethel, \&., which 
 vras read and ordered to be printed — twenty-five copies for each 
 member. 
 
 Mr. Strong, from the committee on Enrollments, reported 
 the following ordinances and resolutions as having been exam- 
 ined and found correct : 
 
 An Ordinance to amend the fourth section of the fourth 
 article of amendments to the Constitution. 
 
 An Ordinance abrogating a resolution of the General Assem- 
 bly, whereby the same was to meet oji the 25th inst., and pro- 
 viding for a future meeting. 
 
 An Ordinance providing for the payment of Sheriffs for hold- 
 ing elections for members of this Convention. 
 
 Resolution in relation to the pay of the printers to this 
 Convention. 
 
 Resolution to print and distribute copies of the Articles of 
 War among our soldiers. 
 
 Mr. Ellison, from the committee on Free Persons of Color, 
 made an adverse report on the resolution in relation to Eliza- 
 beth Chavis and her infant child, in which the Convention 
 concurred. 
 
 Mr. Howard, from the committee on Military Affairs, reported 
 favorably the resolution authorizing the Governor to accept the 
 services of a certain number of cavalry companies, which then 
 passed its second reading. 
 
 On motion of Mr. Smith, of Halifax, the rule was suspended, 
 and the resolution Avas put upon its third reading. 
 
 Mr. Bond moved to postpone the subject until Monday next, 
 which was not agreed to. 
 
 The resolution then passed its third reading, and was ordered 
 to be enrolled. 
 
 Mr. Ellison offered a resolution directing the Secretary to 
 send a certified copy of the resolution proroguing the General 
 Assembly to each member of the General Assembly, which lies 
 over one day under the rule. 
 
1861.] STATE CONVENTION. 149 
 
 Mr. Battle, of Wake, offered a resolution directing the Sec- 
 retary to prepare and have printed a list of the members of 
 this Convention, ^vith their respective postoffices, which was 
 agreed to. 
 
 Mr. Holmes, from the committee on that subject, reported 
 an ordinance concerning the property of persons who have 
 abandoned and left the State, which passed its first reading, 
 and was ordered to be printed. 
 
 Mr. Biggs offered a resolution providing for an exemption 
 from the poll tax due the present and succeeding year, of all 
 our soldiers who are on duty, which passed its first reading. 
 The rule was suspended, and it passed its second reading and 
 was reading the third time. It was amended by striking out 
 the word, ''white," and requiring also that a certificate of ex- 
 emption should be given, under seal, by the Clerk of the 
 County Court. 
 
 Mr. Ferebee moved to refer the resolution to the committee 
 of Finance, which was not agreed to. 
 
 Mr. Satterthwaite moved that it lie on the table, which was 
 not agreed to. 
 
 The resolution then passed the third reading, and was ordered 
 to be enrolled. 
 
 Mr. Moseley presented the resignation of Hon. Thomas D. 
 McDowell, delegate from Bladen county, which was accepted by 
 the Convention. 
 
 On motion of Mr. Moseley a writ of election was directed 
 to be issued to the Sheriff of Bladen county, requiring him to 
 hold an election to fill the vacancy on the first Thursday in 
 August next. 
 
 The order of the day was now called up, the same being the 
 ordinance to amend the Constitution in relation to the subjects 
 of taxation, revenue and the public debt. 
 
 Mr. Batchelor moved to postpone the same, in order that the 
 Convention might consider the ordinance in relation to the 
 jurisdiction of the courts, which was not agreed to. 
 
 The Convention then went into to the consideration of the 
 ordinance above named. 
 
150 JOURNAL OF THE [June 21, 
 
 Mr. Sanders offered an nmendment to strike out the first and 
 second sections of the same, and insert in lieu thereof, the fol- 
 lowing : 
 
 It is hy this Convention ordained^ That Section 3rd of Arti- 
 cle 4th of the Amendments to the Constitution of the State, 
 ratified by the people on the second Monday of November, in 
 the year 1835, is hereby rescinded and annulled, and in lieu 
 thereof, and in addition thereto, it is ordained : 
 
 1. There shall be a capitation tax upon all free persons 
 throughout the State subject to the same. 
 
 2. All free males over the age of twenty- one years, and 
 under forty-five, shall be subject to a capitation tax, and no 
 other person shall be subject to such tax: Provided, That 
 nothing herein contained shall prevent exemption of taxable 
 polls, as heretofore prescribed by law, in cases of bodily in- 
 firmity. 
 
 3. All slaves over the age of one year and under the age of 
 sixty years, and no others, shall be subject to tax ; and when 
 taxed, shall be taxed according to their cash value, to be ascer- 
 tained and fixed by the General Assembly as often as may be 
 deemed advisable. In assessing the value of taxable slaves, all 
 between one year and five years of age, and between fifty-five 
 and sixty, shall be deemed of equal value. All between five 
 and ten, and between fifty and fifty-five, shall be deemed of 
 equal value. All between ten and fifteen and between forty 
 and fifty, shall be deemed of equal value, and all between fif- 
 teen and forty shall be deemed of equal value : Provided, That 
 the General may, as heretofore, allow exemptions of disabled 
 and insane taxable slaves : And provided, also. That the taxa- 
 ble value of slaves, skilled and employed in the mechanic arts 
 and trades, may be ascertained in any other mode provided by 
 the General Assembly. 
 
 4. All real estate, except such as shall be exempted by the 
 General Assembly, by reason of its being set apart for the Uni- 
 versity or other schools, or for the suport of the poor or afflict- 
 ed, or for divine w^orship, shall be subject to be taxed according 
 to its value, and shall be so taxed whenever slaves are so taxed, 
 
1861.] STATE CONVENTION. 151 
 
 either by the General Assembly, or by any other body, by its 
 permission. The value of such real estate shall be ascertained 
 as the General Assembly may provide : the tax on each kind 
 of such property shall be the same upon equal values thereof, 
 and neither shall be exempt from tax without the exemption of 
 the other. 
 
 On motion of Mr. Howard, the Convention resolved itself 
 into Committee of the Whole, Mr. Satterthwaitc in the Chair, 
 with the view to consider the subject pending in the Convention. 
 
 After so continuing for some time, the Committee rose, the 
 President resumed his seat, and the chairman reported progress, 
 and asked to sit again. 
 
 On motion of Mr. Lander, leave of absence was granted to 
 Mr. Carson, of Rutherford, for the remainder of the session. . 
 
 Mr. Smith, of Macon, presented the resignation of Hon. A. 
 T. Davidson, Delegate from Cherokee county, which was ac- 
 cepted by the Convention, and the President was directed to 
 issue a writ of election to fill the vacancy, on the first Thurs- 
 day in August next. 
 
 The hour having arrived, the Convention took a recess until 
 4 o'clock, P. M. 
 
 4 O'clock, P. M. 
 
 The Convention re-assembled, when Mr. Gilmer moved a call 
 of the House, which being agreed to, the doors were closed, 
 and the roll being called, the following gentlemen answered to 
 their names : 
 
 Messrs. Armfield, Ashe, Badger, Battle of Edgecombe, Bontl, 
 Dick, Foster of Randolph, Gorrell, Greenlee, Hamlin, Hearne, 
 Holden, Holmes, Houston of Duplin, Howard, Jones of Cald- 
 well, Joyce, Kittrell, Mann, Manning, Meares, Mebane, Mor- 
 ritt. Miller, Moseley, Patterson, Penland, llayner, Reid, Shipp, 
 Speed, Stewait, Thomas of Carteret, Thomas of Jackson, Tracy, 
 Venable, Williams and Winslow. 
 
 On motion of Mr. Foy, further proceedings of the call were 
 dispensed with, and the doors were opened. 
 
162 . JOURNAL OF THE [June 22, 
 
 Mr. Battle, of Wake, moved that the ordinance relating to 
 the jurisdiction of the Courts, be postponed until to-morrow at 
 11 o'clock, which Avas agreed to. 
 
 Mr. Biggs offered a resolution authorizing the Public Treas- 
 urer to borrow from the Banks the sum of $1,500,000, under 
 certain conditions, which passed its first reading and was refer- 
 red to the Committee on Finance. 
 
 Mr. Smith, of Johnston, moved to take up and consider the 
 ordinance relatinff to the suffrao;e of soldiers. 
 
 Mr. Howard moved that the Convention resolve itself into 
 Committee of the Whole, which taking precedence, was agreed to. 
 
 The Convention then went into Committee of the Whole, 
 Mr. Satterthwaite in the chair, and proceeded to consider the 
 ordinance on Taxation and Revenue. 
 
 After some time spent therein, the Committee rose, reported 
 progress, and asked leave to sit again. 
 
 Then, on motion of Mr. Badger, the Convention adjourned. 
 
 IN CONVENTION, Saturday, June 22, 1861. 
 
 The President took the chair and called the Convention to 
 order. 
 
 The journal of yesterday was read and approved. 
 
 P. C. Henkel, Delegate from Catawba county, tendered his 
 resignation, to take effect from and after the close of the pres- 
 ent session, which was accepted, and the President was directed 
 to issue his writ of election to fill the vacancy thus created, on 
 the first Thursda}'- in August next. 
 
 On motion of Mr. Biggs, the Ordinance of Secession, with 
 the names of the signers, and their respective counties, was 
 ordered to be printed for the use of the Convention. 
 
 Mr. Hicks, from tlie committee on tliat subject, reported an 
 ordinance to amend the Constitution of the State, so as to define 
 the age at which eligibility to a seat in the General Assembly 
 shall commence, which passed its first reading. 
 
Ib61.] <T\TK r'OXVENTION. 153 
 
 3Ir. WhitforJ, li-om the Committee ou a State Flag, reported 
 an ordinauce relating thereto, which passed its several readings 
 under a s+ispension of the rules, and was ordered to he enrolled. 
 
 Mr. Strong offered a resolution authorizing the President, or 
 any one of the five members empowered to call the Convention 
 together in case of the death of the President, to receive rcbig- 
 nations of members and issue writs of election to supply vacan- 
 cies, which passed its first and second readings, and was ordered 
 to a third reading to-morrow. 
 
 Mr. Hicks offered a resolution to refer the subject of certain 
 lauds, lying in Haywood county, belonging to alien enemies, to 
 the committei^ on the Wilmington Public Meeting, and it was 
 agreed to. 
 
 On motion of Mr. Kittrell, the Secretary was directed to give 
 official notification of their election to the Deputies of the Con- 
 federate Congress, and to the members of the Board of Claims. 
 
 Mr. llayner introduced an ordinance declaring the political 
 status of oflicers of the U. S. Army, who are natives of this 
 State, which passed its first reading. 
 
 The ordinance to amend the l-3th Section of the Constitution 
 of the State, was then read the second time, and on motion of 
 Mr. Biggs, ordered to lie on the table. 
 
 The resolution of Mr. Armfield, asking information of the 
 Governor in relation to the striking of the names of certain 
 officers in Yadkin county from the militia rolls of the State, 
 was then taken up and agreed to. 
 
 The ordinance in relation to the exercise of the elective 
 franchise by citizen soldiers, on duty, was then passed on its 
 second reading, and being read the third time and amended, 
 was, on motion of Mr. Battle, of Wake, re-committed to the 
 committee, to which corapittee the names of Messrs. Barnes 
 and Biggs were added. 
 
 The ordinance relating to taxation, revenue and the public 
 debt, being then read the third time, 
 
 Mr. Woodfin oft'cred an amendment thereto, which was ordered 
 to be printed, nnd the snbjpct was postponed until Monday at 
 11 o'clock. 
 
154 .]0UH"NA1. OF THK [.June 'i±, 
 
 Ml'. Wooiliiii introduced an ordinance relating to the juris- 
 diction of the Superior Courts in criminal cases, which passed 
 its first reading. 
 
 The ordinance heretofore introduced by Mr. Batchelor, upon 
 the same general subject, (being to protect property in these 
 times of political trouble, against the rapncity of creditors,) 
 was then taken up on its second rending. 
 
 On motion of Mr. Howard, the Convention resolved itself 
 into a Committee of the AVhole, Mr. Biggs in the chair, to con- 
 sider said ordinance, and that just offered by Mr. Woodfin. 
 
 xVfter so continuing for some time, the committee rose, re- 
 ported the ordinance with certain amendments, and asked and 
 obtained a discharge from its further consideration. 
 
 Mr. Rayner moved that the subject lie on the table, and on 
 this question the ayes and noes Avcre ordered, on motion of 
 Mr. Speed, and resulted in the negative, as follows: 
 
 Ayes — Messrs. Allison, Ashe, Badger, Battle of Edgecombe. 
 Biggs, Brodnax, Bunting, Caldwell, Dillard, Durham, Edwards, 
 Eller, Foster of Ashe, Greenlee, Headen, Hearne, Henkel, 
 Holmes, Houston of Union, Howard, Jones of Caldwell, Mc- 
 Neill of Cumberland, McNoill of Harnett, Mitchell, Moseley, 
 Osborne, Phifer, Raynor, Rhodes, Smith of Johnston, Stewart, 
 Sutherland, Tracy, Turner, Ward and Williams — .36. 
 
 Noes — IMessrs. Armfield, Arrington, Batchelor, Battle of 
 Wake, Berry, Brown, Calloway, Cannon, Christian, Councill, 
 Craige, Darden, Dick, Douthitt, Fercbee, Foy, Fuller, Gilmer. 
 Gorrell, Green, Hargrove, Hicks, Johnston, Jones of Rowan, 
 Leak of Richmond, Long, Manning, McDowell of Madison, 
 Meares, Penland, Pettigrcw, Sanders, Satterthwaite, Smith of 
 Halifax, Smith of Macon, Speed, Sprouse, Spruill of Tyrrell, 
 Strong, Thomas of Jackson, Thompson, Thornton, Venable, 
 Warren, Washington, Williamson and Woodfin — il. 
 
 The hour having arrived, the Convention took a recess until 
 4 o'clock, P. M. 
 
1861.] STATE CONVENTION. 156 
 
 4 U'CLUCK. J'. M. 
 . The President called the ConveJitioii to order. 
 
 Mr. Stewart moved that there be a call 6f the Houfic, Avhich 
 WH8 agreed to. The doors being closed, the roll wa;? called, 
 and the following gentlemen failed to answer to their names: 
 
 Messrs. Allison, Armfield, Ashe, Badger, Berry, Bond, Cun- 
 ningham, Douthitt, Foster of Randolph, Gilmer, Grimes, Ham- 
 lin, Houston of Duplin. Jovce. Kittrell, McNeill of Harnett. 
 Mebane, Osborne, Rajner, Reid, Rhodes, Royster. Sanders. 
 Shipp, Turner, Washin^on, Whitford and Winslow. 
 
 Messrs. Foster of Randolph, Mebnue und Winslow were 
 reported to be sick, and were excused. 
 
 On motion, further proceedings of the Oiili were dispensed 
 with, and the doors were opened. 
 
 Mr. Barnes moved that the Oonyention adjourn, on which 
 the ayes nnd noes were ordered, on motion of Mr. Satter- 
 thwaite, and resulted in the negative, as follow.^ : 
 
 Ayes — Messrs. Barnes, Battle of Edgecombe, Cannon, Green, 
 Speed, Spriiill of Bertie, Spruill of Tyrrell and Wilson — 8. 
 
 Noes — Messrs. Allison, Arrington,Batchelor, Battle of Wake. 
 Biggs, Brodnax, Brown, Bunting, Caldwell, Calloway, Christian. 
 Councillj Darden, Dillard, Durham, Edwards, Eller, Ellison. 
 Ferebee, Foster of Ashe, Foy, Fuller, Gorrell, Greenlee, Har- 
 grove, Headen, Hearne, Henkel, Hicks, Holden, Holmes, Hous- 
 ton of Union, Howard, Johnston, Jones of Caldwell, Jones of 
 Rowan, Lander, Leak of Anson, Leak of Richmond, Long, 
 Manning, McDowell of Burke, McDowell of Madison, McNeill 
 of Cumberland, ? lea res, Merritt, Miller, Mitchell, Moseley. 
 Myers, Patterson, Penland, Pettigrew, Phifer, Satterthwaite. 
 Shaw, Smith of Halifax, Smith of Johnston, Smith of Macon, 
 Sprouse, Stewart, Strong, Sutherland, Thomas of Carteret, 
 Thomas of Jackson. Thornton, Tracy, Tenable, Wahon, Ward. 
 Warren, Williams. Williamson and Woodfin — 74. 
 
 Mr. Manning, iVom the committee on the Coalfields connec- 
 tion with the railway system of the State, reported " An Ordi- 
 nance to require the (iJovernor and Public Treasurer to issue the 
 coupon bonds of the State to the Western Railroad Company." 
 which passed its first reading. 
 
156 JOURNAL OF THE [June 24, 
 
 Mr. Smith, of Johnston, iruni the committee to \vliom the 
 subject was re-committed, reported an ordinance in relation to 
 the suflfragc of citjzen soldiers on duty, which was ordered to a 
 third reading on Monday. 
 
 Mr. Howard offered a resolution to authorize the Governor 
 to receive recruits for the first regiment of iSforth Carolina Vol- 
 unteers, which, by consent, passed its three several readings, 
 and was ordered to be enrolled. 
 
 Mr. Strong, from the committee on Enrollments, reported 
 that the resolution just passed had be(;n enrolled and found cor- 
 rect ; whereupon it was signed by the President and attested by 
 the Secretaries. 
 
 The ordinance relating to the jurisdiction of the Courts, was 
 then taken up, Avhen Mr. Speed offered a substitute for the 
 same. 
 
 Mr. Myers off"ered an amendment to the substitute, it being 
 the ordinance introduced this morning by Mr. AVoodfin. 
 
 Pending the consideration of which, on motion, the Conven- 
 tion adjourned until Monday morning at 10 o'clock. 
 
 IN CONVENTION, Monday, June 24, 1861. 
 
 The President took the chair and called the Convention to 
 order. 
 
 The journal of Saturday was read and approved. 
 
 Mr. Biggs off'ered a resolution providing for the deposit 'jind 
 publication of the ordinances of the Convention, which, by 
 consent, passed its three several readings, and was ordered to be 
 enrolled. 
 
 Mr. Biggs moved to take from the table his motion to re-con- 
 sider the order for the adjournment of the Convention, on 
 which motion the ayes and noes were ordered, on motion of Mr. 
 Jones, of Rowan, and resulted in the negative, as follows : 
 
 A.YES — Messrs. Batchelor, Battle of Edgecombe, Biggs, Brod- 
 nax, Bunting, Caldwell, Cunningham, Darden, Dillard, Durham, 
 Edwards, Foy, Fuller, Greenlee, Hargrove, Henkel, Holmes. 
 
1861.] STATE CONVENTION. 157 
 
 Houston of Union, Howard, Johnston, Lauder, McDowell of 
 Burke, McDowell of Madison, McNeill of Cumberland. Meares, 
 Mosele}^ Penlaiid, Rayner, Rhodes, Royster, SatterthAvaito, 
 Shaw, Smith of Halifax, Speed, Stewart, Strong, Sutherland, 
 Thompson, Thornton, Tracy, Venable, Ward, Williams, Wil- 
 liamson and Winslow — 45. 
 
 Noes — Messrs. Allison, Armfield, Arrington, Barnes, Battle 
 of Wake, Berry, Bond, Brown, Calloway, Cannon, Christian, 
 Council, .Dick, Eller, Ellison, Ferebec, Foster of Ashe, Fos- 
 ter of Randolph, Gilmer, Graham, Green, Hcaden, Hearnc, 
 Holden, Jones of Caldwell, Jones of Rowan, Joyce, Kittrcll, 
 I<eak of Anson, Leak of Richmond, Long, Merritt, Mitchell, 
 Myers, Pettigrew, Phifer, Ruffin, Sanders, Smith of Johnston, 
 Smith of Macon, Spron.se, Spruill of Tyrrell, 'J'homas of Car- 
 teret, -Turner, Walton, Warren, Washington, Wilson and Wood- 
 fin— 49. 
 
 The orders of the day being now called for, Mr. Venable 
 moved to postpone the same, in order that the Convention min-ht 
 receive the report of a committee sent on a special mission : 
 which" was agreed to, and, then, the lobbies and galleries were 
 cleared and the Convention proceeded to sit with closed doors. 
 
 After some time spent therein, the doors were opened, and the 
 Convention proceeded to the consideration of the special order, 
 viz : the ordinance relating to taxation, revenue, and the public 
 debt, which, after some discussion, was postponed until 4 o'clock 
 P. M., to-day. ■ 
 
 The ordinance to amend the 1st Section of the Ist Article 
 of Amendments to the Constitution, was taken up and discussed, 
 and, then, on motion, ordered to lie on the table. 
 
 On motion of Mr. Smith, of Johnston, the ordinance reported 
 by the committee in relation to the suffrage of citizen soldiers 
 on duty, wao then taken up, being on its third readini^. 
 
 Mr. Speed moved to amend the same by striking out the 
 word "Captain," and inserting the words, '' three freeholders 
 of the company," pending the consideration of which, the hour 
 arrived, and the Convention took a recess until 4 o'clock. 
 
158 JOURNAL OF THE [June 24, 
 
 4 O'clock, P. M. 
 
 The Convention re-assembled and was called to order by the 
 President. 
 
 The Committee of the Whole to whom the ordinance relating 
 to taxation, revenue, and the public debt had been referred, was 
 discharged from its further consideration. 
 
 The Convention then proceeded to the consideration of the 
 same. 
 
 ' :Mr. Biggs moved to strike out the word "may," in the 7th 
 line of the •2nd Section, and insert the word "shall," which was 
 
 agreed to. 
 
 He also moved to insert the AYord "mental," after the word 
 "bodily," in the 16th line, which was agreed to. . " 
 
 Mr. Gorrell moved to amend by striking out all of the said 
 ordinance which relates to a capitation tax on white males. 
 
 Mr. Barnes gave notice of an amendment which he would 
 offer at the proper time, wliich was read for information and 
 ordered to be" printed. 
 
 Mr. Bond also gave notice of an amendment, which was 
 ordered to be printed. 
 
 On motion of Mr. A'enable, Tvlessrs. Greenlee and Penland 
 obtained leave of absence from and after to-morrow. 
 
 Mr. Bad"-er moved an adjournment, on which the ayes and 
 noes were ordered, on motion of Mr. Christian, and resulted in 
 the negative, as follows : 
 
 A.Y£S — Messrs. Badger, Battle of Edgec;ombe, Bond, Brod- 
 nax, Cannon, Ferebee, Foster of Randolph, Foy, Gorrell, 
 Headen, Holmes, Jones of Rowan, Kittrell, Mann, McNeill of 
 Cumberland, Meares, Mitchell, Osborne, Patterson, Phifer, 
 Rayner, RufFm, Spruill of Tyr}'ell. Turner. Warren. Washington 
 and Woodfin — 27. 
 
 ]SJoES — Messrs. Allison, Arrington, Barnes, Batchelor, Battle 
 of Wake, Berry, Biggs, Brown, Bunting, Caldwell, Christian, 
 e-ouncill, Cunningham, Darden, Dick, Dillard, Durham, Edwards. 
 EUer, Ellison, Foster of Ashe, Fuller, Gilmer, Graham, Green, 
 Greenlee, Hamlin, Hargrove, Hearne, Henkel, Holden, Hous- 
 ton of Union, Howard, Johnston, Jones of Caldwell, Joyce.* 
 
]8»)1.] STATK CONVENT roX. loO 
 
 LaDder, Leak of Anson, Jxak of Kichmoiul, Long, McDowell 
 of Burke, McDowell of Madison. McNeill of Harnett, Miller, 
 Moody, Moselcj', Myere. Penland, Pettigvew, Rhodes, Royster, 
 •Sanders, Sattcrthwaitc, JShaw. Smith of Halifax, Smith of 
 Johnston. Smith of ISlacon, Speed. Sproii>o, Spruill of Bertie, 
 Stewart, Strong, Sutherland, Thomas of Carteret, Thompson, 
 Thornton, Tracy, Vcuahlc, Williams, Williamson and Wilson — 71. 
 
 Mr. Biggst moved to ])ostpone the further consideration of the 
 ordinance until to-morrow, and make it the special order for 104, 
 o'clock, A. M. 
 
 Mr. Osborne moved to strike out "lOi,' and insert ''10,' 
 which motion prevailed, and the ]nn*i.MT r,r "V7v "RI.jo-;. ^<, amond- 
 ed, was then agreed to. 
 
 Mr. Graham moved that the Convention now adjourn, o)i 
 which the aycp and noec were ordered, on motion of Mr. Lander, 
 and resulted in the negative, a?^ follows: 
 
 Ayes — Messrs. Arringtoif, Badger, Battle of Edgecombe, 
 Berry, Bond, Brodnax, Cannon, Councill, Fercbee, Gilmer, Gor- 
 rell, Graham, Headen, Holdcn, Jones of Caldwell, JoyGc, Kit- 
 trell. Long, Mann, Meares, Pettigrcw, Phifer, Rayncr, Ruffin, 
 Smith of Macon, Sprflill of Tyrrell, Turner, Warren, Wash- 
 ington and Wilson — 30. 
 
 Noes — Messrs. Allison, Ashe, Barnes, Batchclor, Battle of 
 Wake, Biggs, Brown, Buiitiug, Caldwell, Christian, Cunning- 
 ham, Darden, Dick, Dillard, Durham, Edwards, Eller, EUison. 
 Foster of Ashe, Foy, Fuller, Green, Greenlee, Hargrove, 
 Hearne, Hcukel, Holmes, Howard, Johnston, Lander, Leak of 
 Anson, Leak of Richmond, McDowell of Burke, McDowell of 
 Madison, McNeill of Cumberland, McNeill of Harnett, Merritt, 
 Miller, Moody, Moseley, iMyers, Osborne, Penland, Rhodes, 
 Royster, Sanders, Satterthwaite, Shaw, Smith of Halifax, 
 Smith of Johnston, Speed, Sprouse, Spruill of Bertie, Stewart, 
 Strong, Sutherland, Thomas of Carteret, Thompson, Thornton, 
 Tracy, Venable, Williams, Williamson and Woodfin — 64. 
 
 Mr. Brown moved a suspension of the rules, that he might 
 offer an amendment thereto, so that the daily sessions of . the 
 Convention shall, hereafter, commence at 9i o'clock, A. M., 
 and two-thirds voting therefor, the motion prevailed. 
 
ItJO .loT-HVAi, ol' THE [Ji N-K 2o. 
 
 Mr. Smith, of Johnston, moved to amend by mserting "0" 
 for " 9Z'," which -was agreed to. 
 
 The motion of Mr. J>rown, as amended, ^Yas then agreed to. 
 
 Mr. Biggs moved to take from t]^e table the motion to recon- 
 sider the vote by which .the Convention agreed to adjourn on 
 Wednesday next. 
 
 Mr. Batchelor moved that tlic Convention adjourn, on which 
 tlie ayes and noes were ordered, on motion of Mr. -Lauder, and 
 resulted in the affirmative, as foIloAVS : 
 
 Ayes — Messrs. Arrington, Badger, Barnes, Batchelor, Battle 
 of Edgecombe, Battle of Wake, Berry, Bond, Brodnax, Brown. 
 Bunting, Caldwell, Cannon, Councill, Dick, Eller, Ferebee, 
 Fuller, Gilmer, Gorrcll, Graliam, Ilamlin, lleaden, Holden, 
 Howard, Jones of Ciihlwcll, Kittrcllj Leak of Richmond, Long. 
 ISfann, McNeill of Cumberland, Moiires, Merritt, ^Filler, Os- 
 borne^ Pettigrew, Biiifcr, llayner, llhodes, Kuffin, Smith of 
 Macon, Spruill of Tyrrell, Thomas of Jackson, Turner, Warreii, 
 Washington, Williamson, Wilson and Woodiin — 49. 
 
 Noes — Messrs. Allison, Armfield, Ashe, Biggs, Christian, 
 Cunningham, Darden, Dillard, Durham, Edwards, Ellison, Fos- 
 ter of Ashe, Foy, Green, Greenlee, Hargrove, Hearne, Henkel, 
 Holmes, Johnston, Lander, Leak of Anson, McDowell of Burke, 
 McDowell of Madison, McNeill of Harnett, Moody, Moseley, 
 Myers, Penland, lloyster, Sanders, Satterthwaite, Shaw, Smith 
 of Halifax, Smith of Johnston, Speed, Sprouse, Spruill of Ber- 
 tie, Stewart, Strong, Sutherland, Thomas of Carteret, Thomp- 
 son, Thornton, Tracy and Williams — 4(5. 
 
 The Convention was then declared adjourned to 9 oelock 
 to-morrow morning. 
 
 IN CONVENTION, Tuesday, Juno 25, 1861. 
 
 The President took the chair and called the Convention to 
 order. 
 
 The journal of yesterday was read and approved. 
 
 Hon. Burton Craige, delegate from Rowan county, tendered his 
 resignation as a memlier of the Convention, and the President 
 
was directed to issue his writ of electinti to fill Hip VHr-ni:--- nt| 
 the first Thursday in August next. 
 
 Mr. Battle, of Wake, from the committee on Enrolhnents, 
 reported the folloNving ordiiiaTv^^ w] resolutions as having been 
 enrolled and examined: 
 
 An Ordinance in relation to a iState Flag. 
 
 A Resolution providing for the deposit and publication of the 
 ordinances of the Convention. 
 
 A Resolution to raise an additional battalion of cavalry. 
 
 A Resolution directing a writ of election to the Sheriff of 
 Bladen countj", to fill the vacancy occasioned by the resignation 
 of Hon. Thomas D. McDowell. 
 
 Mr. Spruill, of Bertie, moved to take from the table the 
 motion to rc-consider the resolution of the Convention by which 
 it was agreed to adjourn the present session on Wednesday 
 next, at 7 o'clock, P. M. The motion prevailed, and the ques- 
 tion Avas put : Will the Convention agree to re-consider ? It was 
 determined in the negative, the ayes and noes being ordered, on 
 motion of Mr. Biggs, as follows : 
 
 Ayes — Messrs. Armfield, Arrington, Barnes, Batchelor, Bat- 
 tle of Edgecombe, Battle of Wake, Berry, Bond, Cannon, 
 Christian, Councill, Dick, Douthitt, Ellcr, Ellison, Ferebee, 
 Foster of Randolph, Gilmer, Gorrcll, Graham, Green, Hamlin, 
 Headen, Holden, Jones of Caldwell, Joyce, Leak of Richmond, 
 Long, Mann, McNeill of Harnett, Mearcs, Merritt, Pcttigrcw, 
 Phifer, Rayner, Ruflin, Sanders, Smith of Johnston, Smith of 
 IMacon, Speed, Sprouse, Spruill of Tyrrell, Thomas of Carteret, 
 Turner, Warren, Washington and Wilson — 47. 
 
 NoEg — Messrs. Allison, Ashe, Biggs, Brodnax, Bunting, 
 Caldwell, Cunningham, Darden, Dillard, Durham, Edwards. 
 Foster of Ashe, Foy, Fuller, Greenlee, Hargrove, Hearne, 
 Henkel, Holmes, Houston of Union, Howard, Johnston, Lan- 
 der, Leak of Anson, McDowell of Burke, McDowell of Madi- 
 son, JSIcNeill of Cumberland, Miller, Moody, Moseley, Myers, 
 Penland, Rhodes, Royster, Satterthwaite, S!iaw, Smith of 
 Halifax, Spruill of Bertie, Stewart, Strong, Sutherland, Thomp- 
 21 
 
i62 * JOURNAL OV THE [June 25, ' 
 
 son, Thornton, Tracey, Yenable, Walton, Ward, Williams and 
 Williamson — 49, 
 
 Mr. Williamson olTered the folio-wing resolution, ^vhich lies 
 over one day : 
 
 Resolved, That no delegate shall speak more than five min- 
 utes upon any question that may hereafter come before the 
 Convention during its present session. 
 
 On motion of Mr. Barnes, the Convention proceeded to the 
 consideration of the ordinance on the subject of taxation, reve- 
 nue and the public debt. 
 
 ]Mr. Foster, of Randolph, gave notice of an amendment to 
 the second section, which he would offer at the proper time. 
 
 Mr. Ruffin moved to amend by inserting the words, " nor 
 slaves," after the word "person," in the 5th line of the 2nd 
 section, which Avas agreed to ; and, in the same line, between 
 the words ''to" and "taxation," the word "such," which 
 was also agreed to. 
 
 Mr. Gilmer moved to amend by striking out the word "less," 
 in the third line, and inserting the Avord "more," and it was 
 not agreed to. 
 
 The question then being on Mr. Gorrell's amendment, to 
 strike out all of said section which provides for a capitation 
 tax on white persons, the ayes and noes were ordered thereon, 
 on motion of Mr. Batchelor, and resulted in the negative, as 
 follows : 
 
 Ayes — Messrs. Armfield, Christian, Dick, Durham, Foster 
 of Ashe, Gilmer, Gorrell, Green, Ileaden, Jones of RoAvan, 
 Jo3'ce, Long, McDowell of Madison, Mearcs, Osborne, Shipp, 
 Smith of Johnston, Speed, Spruill of Tyrrell, Warren and 
 Woodfin— 21. 
 
 Noes — Messrs. Allison, Arrington, Ashe, Badger, Barnes, 
 Batchelor, Battle of Edgecombe, Battle of Wake, Berry, Biggs, 
 Bond, Brodnax, Brown, Bunting, Caldwell, Cannon, Councill, 
 Cunningham, Darden, Dillard, Douthitt, Edwards, Eller, Elli- 
 son, Ferebee, Foy, Fuller, Graham, Greenlee, Hargrove, Hearne, 
 Ilenkel, Holden, Holmes, Howard, Johnston, Jones of Cald- 
 Avell, Kittrell, Lander, Leak of Anson, Leak of Richmond, 
 Mann, McNeill of Cumberland, McNeill of Harnett, Merritt, 
 
1861.] STATE CONVENTION. 163 
 
 Miller, Moody, Moscley, Penlaiid, Pettigrew, Phifer, Rayner, 
 Rhodes, Royster, Riiffin, Sanders, Satterthwaitc, Shaw, Smith 
 of Halifax, Smith of Macon, Sprouse, Spruill of Bertie, Stew- 
 art, Strong, Sutherland, Thoma.s of Carteret, Thompson, Thorn- 
 ton, Tracy, Turner, Venable, Walton, Ward, AVashington, Wil- 
 liams, Williamson and Wilson — 78. 
 
 The hour having arrived, the Convention then took a recess 
 until 4 o'clock, P. M. 
 
 4 O'clock, P. M. 
 
 The President laid before the Convention several comnumi- 
 cations from dift'erent departments of the war service, in answer 
 to the resolutions of the Convention, passed on yesterday, 
 which were read and ordered to he printed. 
 
 The ordinance on taxation, revenue, and the pul)lic debt, was 
 taken up for consideration. 
 
 Mr. Howard gave notice of an amendment lie desired to 
 offer at the proper time, exempting free negroes from taxation. 
 
 Mr. Wilson moved to amend the second section, 11th line, by 
 inserting between the words, "properties" and '"in," "or on 
 their individual value;" on which the ayes and noes were 
 ordered, on motion of the mover, and resulted in the negative, 
 as follows : 
 
 Ayes — Messrs. Allison, Barnes, Battle of Wake, Cannon, 
 Christian, Councill, Dick, Douthitt, Durham, Eller, Foster of 
 Ashe, Foster of Randolph, Gilmer, Gorrell, Graham, Headen, 
 Holden, Jones of Rowan, Leak of Anson, Leak of Richmond, 
 Long, Mann, Miller, Mitchell, Osborne, Phifer, Sanders, Smith 
 of Johnston, Smith of Macon, Speed, Sprouse, Spruill of Ber- 
 tie, Thomas of Jackson, Warren, W^ilson and Woodfin — 36. 
 
 Noes — Messrs. Arrington, Ashe, Batchelor, Battle of Edge- 
 combe, Berry, Biggs, Brodnax, Brown, Bunting, Caldwell," 
 Cunningham, Darden, Dillard, Edwards, Ellison, Ferebee, Foy, 
 Fuller, Hargrove, Hearne, Henkel, Holmes, Houston of Union, 
 Howard, Johnston, Jones of Caldwell, Lander, McDowell of 
 
164- JOURNAL OF THE [Junk 25, , 
 
 Burke, McDowell oi" !Madiboii, McNeill of Cumberland, Mc- 
 Neill of Harnett, Moody, Moseley, Patterson, Penland, Petti- 
 grew, Rhodes, Royster, Ruffin, Satterthwaite, Shaw, Smith of 
 Halifax, Spruill of Tyrrell, Stewart, Strong, Sutherland, Thorn- 
 ton, Tracy, Turner, Venable, Walton, Ward, Washington, Wil- 
 liams and Williamson — 55. 
 
 Mr. Foster, of Randolph, moved to amend the same section 
 by striking from the second and third lines, the words, "not 
 less than the tax laid on land of the value of three hundred 
 dollars," on which the ayes and noes were ordered, on motion 
 of Mr, Foster, of Randolph, and resulted in the negative, as 
 follows : 
 
 Ayes — Messrs. Barnes, Battle of Wake, Christian, Dick, 
 Douthitt, Durham, Eller, Foster of Randolph, Gilmer, Gorrell, 
 Green, Hamlin, Headen, Holden, Jones of RoAvan, Kittrcll, 
 Leak of Anson, Long, McDowell of Madison, Osborne, San- 
 ders, Shipp, Smith of Johnston, Smith of Macon, Spruill of 
 Bertie, Thomas of Jackson, Warren, Wilson and Woodfin — 2D. 
 
 Noes — Messrs. Allison, Arrington, Badger, Batc^ielor, Bat- 
 tle of Edgecombe, Berry, Biggs, Bond, Brodnax, Brown, Bunt- 
 ing, Caldwell, Cannon, Councill, Cunningham, Darden, Dillard, 
 Edwards, Ellison, Ferebee, Foster of Ashe, Foy, Fuller, Gra- 
 ham, Greenlee, Hargrove, Hearne, Henkel, Holmes, Houston 
 of Union, Howard, Johnston, Jones of Caldwell, Lander, Leak 
 of Richmond, Mann, McDowell of Burke, McNeill of Cumber- 
 land, McNeill of Harnett, Merritt, Miller, Mitchell, Moody, 
 Moseley, Patterson, Penland, Pettigrew, Phifer, Rhodes, Roys- 
 ter, Ruffin, Satterthwaite, Shaw, Smith of Haliftix, Speed, 
 Sprouse, Spruill of Tyrrell, Strong, Sutherland, Thompson, 
 Thornton, Tracy, Turner, Venable, Walton, Ward, Washing- 
 ton, Williams and Williamson — 70. 
 
 Mr. HoAvard moved to amend by striking out the, words, "not 
 less than," and inserting, "equal to," which was not agreed to. 
 
 Mr. Barnes offered to amend as folloAVS : Strike out the 2nd 
 section and insert the folloAving : 
 
 "1. Taxation upon land and slaves^ shall be equal and uni- 
 form throughout the State in proportion to value, such value to 
 be ascertained as may be directed by law. 
 

 1861.] STATE CONVENTION. 165 
 
 "2. Capitation tax sliall be equal througliout the State upon 
 all individuals subject to the same. 
 
 " 3. All free males of the age of twenty-one years, and under 
 the age of forty-five years, shall be subject to capitation tax, 
 and no other person shall be subject to such tax : Provided, 
 That nothing herein contained shall prevent the exemption from 
 taxation of soldiers in the public service, or of free males in 
 cases of bodily or mental infii'mity, or of such real estate as 
 hath hitherto been exempted by law."' 
 
 On this amendment the ayes and noes were ordered, on mo- 
 tion of Mr. Barnes, and resulted in the negative, as follows : 
 
 Ayes — :Messrs. Barnes, Battle of Wake, Bond, Cannon, 
 Christian, Councill, Dick, Douthitt, Ellcr, Foster of Ashe 
 Fostei of Randolph, Gilmer, Gorrell, Green, Ileaden, Holden, 
 Jones of Ivowan, Kittrell, Leak of Anson, Long, ]\fann, Mer- 
 ritt, Mitchell, Osborne, Sanders, Shipp, Smith of Johnston, 
 Smith of Macon, Speed, Sprouse, Spruill of Bertie, Warren, 
 Wilson and Woodfin — 34. 
 
 Noes — Messrs. Allison, Arrington, Ashe. Badger, Batchc- 
 lor, Battle of Edgecombe, Berry, Biggs, Brodnax, Brown, 
 Bunting, Caldwell, Cunningham, Darden, Dlllard, Durham 
 Edwards, Ellison, Ferebee, Foy, Fuller, Graham, Greenlee, 
 Hamlin, Hargrove, Hearne, Henkel, Holmes, Houston of Union, 
 Howard, Johnston, Jones of Caldwell, Lander, Leak of Ricli- 
 mond, McDowell of Burke, McDowell of Madison, McNeill of 
 Cumberland, McNeill of Harnett, Miller, Moody, Moseley 
 Patterson, Penland, Pettigrew, Rayner, Rhodes, Royster, Ruf- 
 fin, Satterthwaite, Shaw, Smith of Halifax, Spruill of Tyrrell, 
 Stewart, Strong, Sutherland, Thompson, Thornton, Tracy, 
 Turner, Venable, Walton, Ward, Washington, Williams and 
 Williamson — 65. 
 
 Mr. Eller moved to amend the third Section, by striking out 
 the word "majority," and inscriiiig the word, "two-thirds," 
 which was nott agreed to. 
 
 Mr. Smith, of Macon, moved to strike out the third Section, 
 and on this motion the ayes and noes were ordered, and resulted 
 in the affirmative, as follows : 
 
166 JOURNAL OF THE [June 25, 
 
 Aye.s — Messrs. Barnes, Battle of Wake, Berry, Bond, 
 Brown, Cannon, Christian, Coimcill, Dick, Doutliitt, Durham, 
 Eller, Foster of Ashe, Foster of Randolph, Fuller, Gilmer, Gor- 
 rell, Graham, Green, Greenlee, Hamlin, Headen, Hearne, Hol- 
 den, Houston of Union, Johnston, Jones of Caldwell, Jones of 
 Rowan, Kittrell, Lander, Leak of Anson, Leak of Richmond, 
 Long, Mann, McDowell of Burke, McDowell of Madison, Mc- 
 Neill of Cumberland, McNeill of ELarnett, Meares, Merritt, 
 Miller, Myers, Osborne, Penland, Satterthwaite, Shipp, Smith 
 of Johnston, Smith of Macon, Speed, Sprouse, Spruill of Ber- 
 tie," Thomas of Jackson, Tracy, Turner, Warren, Wilson and 
 Woodfin— 57. 
 
 Noes — Messrs. Allison, Ashe, Batchelor, Battle of Edge- 
 combe, Biggs, Brodnax, Bunting, Cunningham, Darden, Dil- 
 lard, Edwards, Ellison, Ferebee, Foy, Hargrove, Henkel, 
 Holmes, Howard, Mitchell, Moscley, Pettigrew, Phifer, Rayner, 
 Rhodes, Royster, Ruffin^ Sanders, Shaw, Smith of Halifax, 
 Spruill of Tyrrell, Strong, Sutherland, Thompson, Thornton, 
 Venable, Wa,lton, AVard, Washington, Williams and AYilliam- 
 son — 40. 
 
 Mr. Batchelor moved to insert, as Section 3, all of said Sec- 
 tion as reported by the committee, down to the word "nays," 
 in the 8th line, and from the 35th line down to the word "in- 
 vasion," the effect of which was to limit the State debt to $20,- 
 000,000, except in cases of war, insurrection or invasion, on 
 which the ayes and noes were ordered, and resulted in the neg- 
 ative, as follows : 
 
 Ayes — Messrs. Arrington, Batchelor, Battle of Edgecombe, 
 Battle of Wake, Berry, Biggs, Brodnax, Brown, Bunting, Can- 
 non, Cunningham, Darden, Dillard, Edwards, Ellison, Ferebee, 
 Gorrell, Green, Hargrove, Holmes, Howard, Moody, Moseley, 
 Pettigrew, Phifer, Rayner, Royster, Sanders, Shaw, Smith of 
 Halifax, Spruill of Bertie, Spruill of Tyrrell, Strong, Suther- 
 land, Thompson, Thornton, Venable, Walton, Ward, Washing- 
 ton, Williams, Williamson and WinsloAV — 43. 
 
 j^oes — Messrs. Allison, Ashe, Barnes, Bond, Caldwell, Chris- 
 tian, Councill, Dick, Douthitt, Durham, Eller, Foster of Ashe, 
 
1861.] STATlE CONVENTION. 167' 
 
 Foster of Randolph, Fuller, Gilmer, Graham, Greenlee, Ham- 
 lin, Headen, Ilearne, Henkel, Ilolden, Houston of Union, 
 Johnston, Jones of Caldwell, Jones of RoAvan, Kittrell, Lan- 
 der, Leak of Anson, Leak of Richmond, Long, Mann, McDoAvell 
 of Burke, jNIcDowcll of Madison, j\icNeill of Cumberland, 
 McNeill of Harnett, Meares, Merritt, Miller, Myers, Osborne, 
 Patterson, Penland, Rhodes, Satterthwaite, Shipp, Smith of 
 Johnston, Smith of Macon, Speed, Sprouse, Stewart, Thomas 
 i)f Jackson, Tracy, Turner, Warren, Wilson and Woodfin — 57. 
 
 Mr. Graham moved to amend by striking out all of the 2nd 
 section, after the word taxation, in the 5th line, and inserting 
 that, " all property on which taxes are imposed, shall be taxed 
 equally, accordingly to value, to be ascertained b}"- law." 
 
 Mr. Smith, of Johnston, moved to amend the amendment by 
 adding, " except gold and .silver plate, carriages, bank stock, 
 and State bonds, whicli may be taxed specifically," which was 
 not agreed to. 
 
 Mr. Biggs moved to amend the amendment by inserting the 
 27th and 28th sections of the 7th article of the Constitution of 
 Texas, which is in these words : "Taxation shall be equal and 
 uniform throughout the State. All property in the State shall 
 be taxed in proportion to its value, to be ascertained as direct- 
 ed by law ; except such property as two-thirds of both houses 
 of the Legislature may think proper to exempt from taxation. 
 The Legislature shall have poAver to lay an income tax, and to 
 tax all persons pursuing any trade, occupation or profession : 
 Provided, That the term "occupation," shall not be construed 
 to apply to pursuits, either agricultural or mechanical. 
 
 " The Legislature shall have power to provide, bylaw, for 
 exempting from taxation two hundred and fifty dollars of the 
 household furniture or other property belonging to each family 
 in the State." 
 
 On this motion the ayes and noes were ordered, on motion 
 of Mr. Biggs, and resulted in the negative, as follows : 
 
 Ayes — Messrs. Arrington, Batchelor, Battle of Edgecombe, 
 Biggs, Bunting, Caldwell, Councill, Cunningham, Darden, 
 Durham, Foy, Greenlee, Hargrove, Henkel, Howard, Johnston, 
 
Lander, McDoSvell of Burke, McDowell of Madison, McNeill 
 of Cumberland, Miller, Moody, Moseley, Osborne, Penland, 
 Rliodes, Royster, Slunv, Smith of Johnston, Sprousc, Spruill of 
 Bertie, Stewart, Strong, Thomas of Jackson, Thompson, Thorn- 
 ton, Tracy, Amenable, Williams, Winslow and Wo<»dfin — 41. 
 
 Noes — Messrs. Allison, Armfield, Barnes, Battle of Wake, 
 Berry, Bond, BroAvn, Cannon, Christian, Dick, Dillard, Dou- 
 thitt, Eller, Ellison, Foster of Ashe, Foster of Randolph, Ful- 
 ler, Gilmer, Gorrell, Graham, Green, Hamlin, Headen, Hearne,* 
 llolden, Houston of Union, Jones of Caldwell, Jones of Rowan, 
 Kittrell, Leak of Anson, Leak of Richmond, Long, i\L\nn, 
 McNeill of Harnett, Meares, Merritt, Myers, Patterson, Petti- 
 grew, Pliifer, Rayner, Rnffin, Sanders, Satterthwaite, Shipp, 
 Smith of Macon, Speed, Spruill of Tyrrell, Sutherland, Turner, 
 Ward, W^arren; Washington, Williamson and Wilson — 55. 
 
 The question recurring on the adoption of the amendment of 
 Mr. Graham, the ayes and noes were ordered, on motion of Mr. 
 Biggs, and resulted in the negative, as follows : 
 
 Ayes — Messrs. Berry, Bond, Cannon, Christian, Councill, 
 Dick, Douthitt, Durham, Ellison, Foster of Ashe, Gilmer, Gra- 
 ham, Headen, Hearne, Houston of Union, Kittrell, Leak of 
 Anson, Long, Meares, Myers, Phifer, Sandci-.s, Smith of Jolm- 
 ston. Smith of Macon, Sprouse, Spruill of Bertie, Thomas of 
 Jackson, Turner, Warren and Wilson — 32. 
 
 Noes — Messrs. Allison, Armfield, Arrington, Ashe, Barnes, 
 Batchelor, Battle of Edgecombe, Battle of Wake, Biggs, Brown, . 
 Bunting, Caldwell, Cunningham, Dardcn, Dillard, Eller, Foster 
 of Randolph, Foy, Fuller, Gorrell, Green, Greenlee, Hargrove, 
 Henkel, Holden, Holmes, Howard, Johnston, Jones of Cald- 
 well, Jones of Rowan, Lander, Leak of Richmond, Mann, 
 McDowell of Burke, McDowell of Madison, McNeill of Cum- 
 berland, McNeill of Harnett, Merritt, Miller, Moody, Moseley, 
 Osborne, Patterson, Penland, Pettigrew, Rhotles, Royster, 
 Ruffin, Satterthwaite, Shaw, Shipp, Speed, Spruill of Tyrrell, 
 Stewart, Strong, Sutherland, Thompson, Thornton, Tracy, 
 Venable, W^alton, Ward, Wn»shinglon, Williams, Williamson, 
 Winslow and Woodfin — GO. 
 
ibCL] HTATK CONVE:^..u;. inn 
 
 Mr. Aslic moved to postpone the Kubjcet* until the 15th day 
 of November next; on which motion, the uj'es ami noes were' 
 ordered, on motion of Mr. Graham, and resulted in the nega- 
 tive, as follows : , 
 
 Ayes — Messrs, Arrington, A.she, Batchelor, Battle of Edge- 
 combe, Bigg^, Bro^y^, Bunting, Cunningham, Dar<len, Dillard, 
 Durham, Edwards, Foy, Fuller, Ilenkel, Holmes, Howard, 
 McNeill of Cumberland, McNeill of Harnett, Moody, Moseley, 
 Penland, Rhodes, Shaw, Smith of Halifax, Strong, Sutherland, 
 Thomas of Jackson, Thompson, Thornton, Tracy, Walton, 
 Ward, Williams, AVilliamsciu and Winslow — 36. 
 
 Noes — Messrs. Allison, Armfield, Barnes, Battle of Wake, 
 Berry, Bond, Brodnax, Caldwell, Cannon, Christian, Couneill, 
 Dick, Douthitt, Eller, Ellison, Fercbee, Foster of Ashe, Fos- 
 ter of Randolph, Gilmer, Gorrell, Graham, Green, Greenlee, 
 Hamlin, Hargrove, Headen, Hearse, Holden, Houston of 
 Union, Johnston, Jones of Caldwell, Jones of Rowan, Kittrell, 
 dander, Leak of Anson, Leak of Richmond, Long, Mann, Mc- 
 Dowell of Burke, INIcDowcll of Madison, Merritt, Miller, Myers, 
 Osliorne, Patterson, Pettigrew, Phifer, Rayner, Royster, RufRn, 
 Sjjnders, Sattertlnvaite, Shipp, Smifh of Johnston, Smith of 
 Macon, Speed, Sprouse, Spruill of Be^itie. "Bpruill of Tyrrell, 
 Stewart, Turner, Venable, Warren, Washington, Wilson and 
 Woodfin— GG. 
 
 Mr. Gilmer moved to strike out the second Section and insert 
 as follows : 
 
 Be it furtli.cr ordained. That all free persons over the age of 
 twenty-one years, and under the age of forty-five years, shall 
 be subject to a capitation tax not more nor less than the tax 
 laid on three hundred dollars worth of land and slaves, and no 
 other free person or slave shall be liable for such taxation, and 
 also land and slaves skill be taxed according to their value, 
 .and the tax on slaves shall be as much, but not more than that 
 on land accorcJing to their respective* value ; but the tax on 
 slaves nvay be laid on their general average value in the State, 
 or on their value in classes, in respect to age, sex, and other 
 distinctive properties, or on their individual value, in the dis- 
 
170 JOUKKAL OF THE [June 25, 
 
 it 
 
 cretion of the General Assembly, and the value be assessed in 
 such mode.'* as may be prescribed by law : Provided, That 
 nothing herein contained sliall prevent the exemption from tax- 
 ai,ion of soldiers in the public service, or of free males or slaves, 
 in cases of mental or bodily infirmity, or of such real estate as 
 hath hitherto been exempted by law." , 
 
 On this amendment the ayes and noes were ordered, on mo- 
 tion of Mr. Gilmer, and resulted in the negative, as follows : 
 
 Ayes — ]Messrs, Armfield, Barnes, Battle of Wake, Christian, 
 Councill, Dick, Douthitt, Eller, Foster of Ashe, Foster of Ran- 
 dolph,Gilmer,Gorrell, Green, Headen, Holden, Houston of Union, 
 Kittrell, Leak of Richmond. Long, Mann, Merritt, Osborne, 
 Shipp, Smith of Johnston, Smith of Macon, Sprouse, Spruill of 
 Bertie, Thomas of Jackson, Warren, Wilson and AVoodfin — 31. 
 Noes — Messrs. Allison, Arrington, Ashe, Batchelor, Battle 
 of Edgecombe, Berry, Biggs, Brown, Bunting, Caldwell, Can- 
 non, Cunningham, Dardcn, Dillard, Durham, Ellison, Foy, 
 Fuller, Graham, Greenlee, Hamlin, Hargrove, Ilearnc, Ilenkel* 
 Holmes, Howard, Johnston, Jones of Caldwell, Jones of Rowan, 
 Lander, Leak of Anson, McDowell of Burke, McDowell* of 
 Madison, ISIcNeill of Cumberland, McNeill of Harnett, Mear«s, 
 Miller, Moody, Mo^leyji Myers, Patterson, Penland, Pottigrew, 
 Phifer, Rayner, -Rhodes, Royster, Ruffin, Satterthwaite, Shaw, 
 Speed, Spruill of Tyrrell, SteAvart, Strong, Sutherland, Thomp- 
 son, Thornton, Tracy, Turner, Venable, Ward, Washington, 
 Williams, Williamson and Winslow — 65. 
 
 Mr. Bond offered the following as a substitute for section 2 : 
 "That all free males over the age of twenty-one years and 
 under the age of forty-five years, shall be subject to a capita- 
 tion tax, not less than the tax laid on land of the value of 
 three hundred dollars, and no other free person shall be liable 
 to taxation ; and, also, land and slaves shall be taxed according 
 to their value, and the tax on slaves shall be as much, but not 
 more than that on land, according to their respective values, 
 and the value be assessed in such modes as may be prescribed 
 by law : Provided, That nothing herein contained shall prevent 
 the exemption from taxation of such real estate as hath hitherto 
 been exempted by law." 
 
1861.] STATE CONVENTION. 171 
 
 On this the ayes and noes were ordered, on motion of Mr. 
 Bond, and resulted in the negative, as follows : 
 
 Ayes— Messrs. Armficld, Battle of Wake, Bond, Christian, 
 Councill, Dick, Douthitt, Eller, Foster of Ashe, Foster of Ban- 
 dolph, Gilmer, Green, Hcaden, llolden, Kittrell, Long, Mann, 
 Merritt, Sanders, Smith of Johnston, Smith of Macon, Sprouse, 
 Spruill of Bertie, AVarren and Wilson — 25. 
 
 Noes— Messrs. Allison, Arrington, Ashe, Barnes, Batchelor, 
 Battle of Edgecombe, Berry, Biggs, Brown, Bunting, Caldwell, 
 Cannon, Cunningham, Dardon, Dillard, Durham, Ellison, Foy, 
 Fuller, Gorrell, Graham, Greenlee, Hamlin, Hargrove, Ilearne, 
 Ilenkcl, Holmes, Houston of Union, Howard, Johnston, Jones 
 of Caldwell, Jones of Rowan, Leak of Anson, Leak of Rich- 
 mond, McDowell of ]*>urke, McDowell of Madison, McNeill of 
 Cumberland, McNeill of Harnett, Meares, Miller, Moody, 
 Myers, Osborne, Patterson, Penland, Pettigrew, Phifer, Rayncr, 
 Rhodes, Roystcr, Ruffin, Sattcrthwaite, Sliaw, Speed, Spruill 
 of Tyrrell, Stewart, Strong, Sutherland, Thomas of Jackson, 
 Thompson, Thornton, Tracy, Turner, Venablc, AVard, Washing- 
 ton, Williams, Williamson, Winslow and "Woodfin — 71. 
 
 Mr. Merritt moved to amend so as to provide that the ordi- 
 nance should take effect when ratified by the people at an elec- 
 tion to be held, on a day, and in a manner to be provided for by 
 this Convention, and it was not agreed to. 
 
 Mr. Foy moved to strike out the word, "that," in the line, 
 
 and insert in lieu thereof, the words " the rate of taxation " 
 which was not agreed to. 
 
 Mr. Thomas, of Jackson, moved to amend by providino- that 
 the tax on Bank Stock, State securities, Bonds, and evidences 
 of debt, bearing interest, shall not be taxed at a higher rate 
 than land, which was not agreed to. 
 
 Mr. Smith, of Johnston, proposed an amendment, requirin,"- 
 the County Courts to tax, for county purposes, any subject taxed 
 by the State for State purposes, which was not agreed to. 
 
 The question then recurred on the passage of the ordinance 
 as amended, its third reading ; the nyes and noes wei-e ordered, 
 on motion of Mr. Biggs, and resulted in the affirmativp. as fol- 
 lows": 
 
172 JOURNAL OF THE [June 26, 
 
 Ayes — Messrs. Allison, Armficld, Arrington, Barnes, Batch- 
 elor. Battle of Edgecombe, Battle of Wake, Berry, Biggs, Bond^ 
 Brown, Caldwell, Cannon, Christian, Councill, Darden, Dick, 
 Dillard, Douthitt, Durham, Ellcr, Ellison, Fcrebee, Foster of 
 Ashe, Foster of Randolph, Foy, Fuller, Gilmer, Gorrcll, Gra- 
 ham, Greenlee, Hamlin, Hargrove, Headen, Hearne, Henkel, 
 Holden, Houston of Union, Howard, Johnston, Jones of Cald- 
 well, Jones of RoAvan, Kittrell, Lander, Leak of Anson, Leak 
 of Richmond, Long, Mann, McDowell of Burke, McDowell of 
 Madison, McNeill of Cumberland, McNeill of Harnett, Mearcs, 
 Merritt, Miller, Mitchell, Moody, Myers, Osborne, Patterson, 
 Penland, Pettigrew, Phifer, Rayner, Royster, Ruffin, Sanders, 
 Satterthwaite, Shipp, Smith of Halifax, Smith of Johnston, 
 Smith of Macon, Speed, Sprouse, Spruill of Bertie, Spruill of 
 Tyrrell, StcAvart, Strong, Sutherland, Thompson, Tracy, Turner, 
 Amenable, Washington, Williamson, Wilson, Winslow and Wocd- 
 fin— 88. 
 
 Noes — Messrs. Ashe, Bunting, Cunningham, Green, Holmes, 
 Moseley, Rhodes, Shaw, Thornton, Ward and Williams — 11. 
 
 Mr. Ruffin moved that the title be made to read as folloAVS : 
 "An Ordinance relating to taxation," which was agreed to. 
 
 Mr. Brown offered an ordinance providing for the submission 
 of the several amendments to the Constitution adopted by the 
 Convention, to the people of the State, which passed its first 
 reading. 
 
 Then, on motion, the Convention adjourned. 
 
 IN CONVENTION, Wednesday, June 26, 1861. 
 
 The President took the chair and called the Convention to 
 order. Prayer by Rev. Thomas E. Skinner, of the Baptist 
 Church. 
 
 The journal of yesterday was read and approved. 
 
 j\Tr. Batchelor introduced an ordinamce to amend the Consti- 
 tution of the State, so as to limit the public debt, which passed 
 its first reading. 
 
1861.] STATE CONVENTION. 173 
 
 Mr. Graham offered a resolution authorizing the Public Treas- 
 urer to pay each of the doorkeepers of this Convention the sum 
 of fifty dollars for extra services, servant hire, and other inci- 
 dental expenses, Avhich, the rules being suspended, passed its 
 three several readings, and was ordered to be enrolled. 
 
 The President laid before the Convention a comniuiiication 
 from L. O'B. Branch, (Quartermaster General, which -was read 
 and laid on the table. 
 
 INIr. IIoAvard moved to take up the ordinance heretofore 
 introduced by him, to pay the militia of the State when called 
 into actual service, which was agreed to, and under a suspension 
 of the rules, the oame passed the second and third readiniTs 
 and was ordered to be enrolled. 
 
 Mr. Christian offered a. resolution asking information of the 
 proper department, in relation to tlie price paid by tlic State 
 for cartridge-boxes, which lies over one day. 
 
 The order of the day, being the ordinance to provide for the 
 disposition of the State Troops and Volunteers, was then called up. 
 
 On motion of Mr. Graham^ the lobbies and galleries were 
 cleared, and the Convention proceeded to sit with closed doors. 
 
 After some time spent therein, the doors were opened, when 
 Mr. Battle, of Wake, moved to suspend the consideration of the 
 subject, in order that he might offer a resolution, on which the 
 ayes and noes were ordered, on motion of Mr. Barnes, and 
 resulted in the aflSrmative, as follows : 
 
 Ayes — Messrs. Allison, Armfield, Arrington, Badger, Barnes 
 Batchelor, Battle of Wake, Berry, Cannon, Christian, Councill, 
 Dick, Douthitt, Eller, Ellison, Ferebee, Foster of Ashe, Foster 
 of Randolph, Gilmer, Gorrell, Graham, Holden, Jones of Rowan, 
 Leak of Anson, Leak of Richmond, Long, Mann, McNeill of 
 Cumlerland, McNeill of Harnett, Merritt, Mitchell, Pettigrew, 
 Phifcr, Rayner, Ruffin, Sanders, Smith of Halifax, Smith of 
 Macon, Sprouse, Spruill of Tyrrell, Venable, Warren, Washing- 
 ton and Wilson — 44. 
 
 Noes— Messrs. Ashe, Biggs, Brown, Bunting, Caldwell, Cun- 
 ningham, Darden, Dillard, Durham, Edwards, Fuller, Hamlin, 
 Hargrove, Headcn, Henkel, Holmes, Howard, Lander, Me- 
 
174 JOFRNAL OF THE [Ji ne 2r>. 
 
 Dowcll of IJurko, McDowell of Madison, Miller, Mosclej, Us- 
 horiic, KliotloH, lloyBtor, Sattorthwaite, Spruill of Dcrtic, StcVr- 
 art, Strong;, Sutliorljind. ThoiDas of Jackson, Thomppon, Thbni- 
 ton, Tracy, Turner, Wnnl, Williamson an<l "NVoodfin — *?7. 
 
 Mr. I5attlc. of Wake, then oflercd the resolution of which ho 
 ;^avc notice on yesterday, that tlic resolution of the Convention, 
 by which it was dctcrminod to adjourn this day at 7 o'clock, P. 
 M., he rescinded. 
 
 Tlic fiucstion of order was here raised, whether the resolution 
 was not re(|uired, under the rule?, to lie over one day for con- 
 sideration. ^ *' , 
 
 The President decided that it was ; hut that a motion to sus- 
 pend the rule was in order, Avhich would recjuire :in aflinnativc 
 tvvo-thirds vote to sustain itt 
 
 K 
 
 From this decision an appeal was taken by Mr. Bad«^ei% to 
 the Convention, and the (juestion was put, " shall the decision 
 of the President stand as the jiid;rnicnt of the Convention?" 
 
 On this question the ayes and noes were ordered, on motion 
 of Mr. Cunnin^^hani, an<l resulted in the negative, as follows: 
 
 AviiH — Messrs. Aslie, Datehelor, Rattle of Edgeeomhe, Bi;Xgs, 
 Brown, Bunting, Caldwell, Cunningham, Dillavd, Durham, liar- 
 grove, Ilenlcel, Holmes, Leak of Richmond, McDowell of Btlrke, 
 McDowell of Madison, Mearcs, Miller, Moseley, Rhode?, Roys- 
 ter, Ruflln, Sattcrthwaite, Shaw, Smith of Halifax, Spruill of 
 Bertie, Strong, Sutherland, Thompson, Thornton, Trney, Ward, 
 WiH'iamson an<l Woodfin — of). 
 
 No):s — Messrs. Allison, ArmficM, An iii;:i(iii. iliul-ci, iJ.nnes, 
 Battle of Wake, Berry, Brodnax, Cannon, Christian, Councill, 
 Dick, DoiUhitt, Eller, Ellison, Fcrebeo, Foster of Ashe, Foster 
 of Ramloljil), Gilmer, (lorrell, Graham, Ilolden, Howard, Jones 
 of Caldwell, Jones of l{owan. Lander, Leak of Anson, Long, 
 McNeill of Cumberland, ]\lcNeill of Harnett, Merritt, Mitchell, 
 Pettigrew, 1 'Infer, Rayner, Sanders, Smith of ]\Iacon, Speed, 
 Sprouse, Spruill of Tyrrell, 'rmnfr. ^^■1l:llllp, W.irren. AVash- 
 ington and Wilson — \^>. 
 
 The (juestion \w\nz then on the Uesolution of Mr. Battle, of 
 Wake, 
 
18(51.] STATE CO]\*VENTiON. 175 
 
 Mr. Venable moved to amend bj adding the words, " and this 
 Convention will adjourn to-night at 12 o'clock." 
 
 Mr. Ellison moved to amend the amendment, by striking out 
 the words, "to-night at 12 o'clock," and insert "Saturday next, 
 at 2 o'clock." 
 
 On this amendment the ayes and noes were ordered, on motion 
 of jNIr. Ellison, and resulted in the negative, as follows : 
 
 Ayes — Messrs. Allison, Arrington, Badger, Batchelor, Bond, 
 Brodnax, Christian, Councill, Dick, Douthitt, Eller, Ellison, 
 Ferebee, Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, 
 Graham, Holden, Jones of Caldwell, Kittrell, Long, Mann, 
 McNeill of Cumberland, McNeill of Harnett, Meares, Merritt, 
 Mitchell, Pcttigrew, Phifcr, Rayner, Ruffin, Satterthwaitc, Shipp, 
 Smith of Macon, Speed, Spruill of Tyrrell, Turner, Warren, 
 Washington and Wilson — 41. 
 
 Noes — Messrs. Ashe, Barnes, Battle of Edgecombe, Battle of 
 Wake, Berry, Biggs, Brown, Bunting, Caldwell, Cunningham, 
 Darden, Dillard, Durham, Edwards, Fuller, Hargrove, Ileaden, 
 Ilenkel, Holmes, Howard, Jones of Rowan, Lander, Leak of 
 Anson, Leak of Richmond, McDowell of Burke, McDowell of 
 Madison, Miller, Moseley, Osborne, Royster, Sanders, Shaw, 
 Smith of Halifax, Sprouse, Spruill of Bertie, Stewart, Strong, 
 Sutherland, Thomas of Jackson, Thompson, Thornton, Tracy, 
 Venable, Ward, Williams, Williamson and Woodfin — 47. 
 
 Mr. Rayner moved to strike out the same words, and insert, 
 "Friday next, at 2 o'clock, P. M.," and it was agreed to. 
 
 Mr. Badger moved to amend by adding that part of the re- 
 scinded resolution which provides for the re-assembling of the 
 Convention, and it was agreed to. 
 
 The question being then on the passage of the resolution as 
 amended, the ayes and noes were ordered, on motion of Mr. 
 Brown, and resulted in the affirmative, as follows: 
 
 Ayes — Messrs. Allison, Armficld, Arrington, Badger, Barnes, 
 Batchelor, Battle of Wake, Berry, Bond, Brodnax, Cannon, 
 Christian, Councill, Dick, Douthitt, Ellcr, Ellison, Fcrobec, 
 Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, Gr;ih:mi, 
 Hcaden, Uolden, Jones of Caldwell, Jones of Rowau, Kittrell, 
 
im TOURNAt. OF Tilt [Jvnk 2tJ, 
 
 Long, Maim, McNeill of Cumberland, McNeill^ of Harnett, 
 Meares, Merritt, rcttigrovv', riiifcr, Rayner, Rhodes, Ruffin, 
 Sanders, Shipp, Smith of Halifax, Smith of Macon, Speed, 
 Sprouse, Spruill of Tjrrell, Turner, Warren, Washington and 
 Wilson— 50. 
 
 Noes — Messrs. Ashe, Battle of Edgecombe, Biggs, Brown, 
 Bunting, Caldwell, Cunningham, Darden, Dillard, Durham, 
 Edwards, Fuller, Hargrove, Henkel, Holmes, Howard, Lander, 
 Leak of Anson, Leak of Richmond, McDowell of Burke, Mc- 
 Dowell of Madison, Miller, Mosele}^, Royster, ShaAv, Spruill of 
 Bertie, Stewart, Strong, Sutherland, Thomas of Jackson, 
 Thompson, Thornton, Tracy, Venable, Ward, Williams, Wil- 
 liamson and Woodfin — 38. 
 
 Mr. Badger now inquired whether the Resolution required 
 th'ee readings. 
 
 The President decided that, inasmuch as it repealed a reso- 
 lution on which the Convention, by its action, held three read- 
 ings to be necessary, and which he regarded therefore as a laAV, 
 in his opinion it did require three readings. 
 
 From this decision, Mr. Badger appealed to the Convention, 
 and the question was put, "Shall the decision of the Chair stand 
 as the judgipent of the House?" 
 
 On this question the ayes and noes were ordered, on motion 
 of Mr. Badger, and resulted in the negative, as follows : 
 
 Ayes — Messrs. Ashe, Batchelor, Biggs, Brown, Bunting, 
 Caldwell, Cunningham, Darden, Dillard, Durham, Hargrove, 
 Henkel, Holmes, Howard, Lander, Leak of Richmond, Mc- 
 Dowell of Burke, McDowell of Madison, Miller, Moseley, 
 Osborne, Rhodes, Royster, Ruffin, Satterthwaite, Shaw, Sprouse, 
 Spruill of Bertie, Stewart, Strong, Sutherland, Thomas of 
 Jackson, Thompson, Thornton, Tracy, A\^ard, Williams, Wil- 
 liamson and Woodfin — 39. 
 
 Noes — Messrs. Allison, Arrington, Badger, Barnes, Battle 
 of Wake, Berry, Bond, Brodnax, Cannon, Christian, Councill, 
 Dick, Douthitt, Eller, Ellison, Ferebee, Foster of Ashe, Foster 
 of Randolph, Gilmer, Gorrell, Graham, Headen, Holden, Jones 
 of Caldwell, Jones of Rowan, Kittiell, Leak of Ausou, Long, 
 
1861.] STATE CONVENTION. 177 
 
 Mann, McNeill of Cumberland, Merritt, Mitchell, Pettio-rcw, 
 Phifcr, Rayncr, Saudcry, Shipp, Smith of Macon, Speed, Spruill 
 of Tyrrell, Venablc, Warren and Wilson — 43. 
 
 The decision of the Chair not being sustained, the resolution 
 was declared to be passed. 
 
 Mr. Strong, from the committee on Eurollments, reported the 
 following ordinances and resolutions as having been enrolled and 
 examined : 
 
 An ordinance relating to Taxation. 
 
 An ordinance to provide for the payment of the Militia whilst 
 in actual service. 
 
 An ordinance to ratify the Constitution of the Confederate 
 States of America. 
 A resolution in favor of the Door-Iceepers. 
 A resolution asking certain information of the Comptroller of 
 public accounts, and authorizing him to employ sufficient clerical 
 force to enable him to give it, 
 
 A resolution authorizing the President, or any one of the five 
 members empowered to convoke the Convention in case of his 
 death, to receive resignations, and issue writs of election to fill 
 vacancies. 
 
 A resolution asking information of the Governor relative to 
 certain appointments to office ; 
 
 Which were severally signed by the President and attested 
 by the Secretaries. 
 
 Leave of absence for the remainder of the session was granted 
 to Messrs. Biggs, McDowell of Burke, and McDowell of Mad- 
 ison. 
 
 The President laid before the Convention a letter from Hon. 
 A. W. Venable, resigning his seat in the Convention from and 
 after the close of the present session. 
 
 And then, on motion, the Convention adjourned until tO" 
 morrow morning, 9 o'clock. 
 23 
 
178 JOURNAL OF THE [June 27, 
 
 IN CONVENTION, Tiuhsday, June 27, 1861. 
 The President took the chair und called the Convention to 
 order. 
 
 The journal of yesterday was read and approved. 
 
 Mr. Badger introduced an ordinance to provide for the pub- 
 lication of the ordinances and resolutions of the Convention, 
 which passed its three several readings, under a suspension of 
 the rules, and was ordered to be enrolled. 
 
 On motion of Mr. Hargrove, the President was directed to 
 issue his writ of election to the Slierift' of Granville county to 
 hold an election to fill the vacancy in this Convention occa- 
 sioned by the resignation of Hon. A. W. ^'enable, on the first 
 Thursday in August next. 
 
 Mr. Howard offered the following resolution : 
 
 Jtesolved, That the President send a message to Hon. Henry 
 T. Clark, Speaker of the Senate, notifying him of the fact 
 that Hon. John W. Ellis, Grovernor of the State, is now absent 
 from the State, and unable, from sickness, to discharge the 
 duties of his office, and requesting his presence in the city of 
 Raleigh, to assume the discharge of thg, duties which, under 
 the Constitution, devolve upon him. 
 
 Mr. Rayner moved to add the following: "Until thereturn 
 of the Governor and the resumption by him of his official 
 duties." 
 
 During the consideration of the , above, the hour for the 
 special ordered arrived. 
 
 Mr. Rayner moved to suspend the special - order until 11 
 o'clock. 
 
 Mr. Ashe moved to strike out "eleven,'" and insert "one,"' 
 which was not agreed to. 
 
 The motion of Mr. Rayner was then adopted. 
 
 The question Avas now on the amendment of Mr. Rayner to 
 the resolution offered by Mr. Howard. 
 
 Mr. Lander moved to amend the amendment by adding, " but 
 no notice shall be served until after the Governor shall have 
 been notified that his presence is needed in Raleigh." 
 
1861.J STATE CONVENTION. 179 
 
 On motion of Mr. Kuffin, the whole subject Avas referred to 
 a select committee, which consists of Messrs. IloVard, Lander, 
 and Satterthwaite. 
 
 The President hiid before the Convention a communication 
 from the Military Board in response to a re'solution of the 
 Convention, which, together with communications from several 
 other departments, -vVas ordered to be printed. 
 
 Mr. Cxraham introduced an ordinance ceding to the Confede- 
 rate States certain tracts of lanil for public purposes, which 
 passed the first reading. 
 
 Tlie rules being suspended, the ordinance then passed the 
 second and third readings, and was ordered to be enrolled. 
 
 Mr. Battle, of Wake, from the committee on Enrollments, 
 reported that the ordinance providing for the publication of the 
 ordinances-and resolutions of Convention,- had been examined 
 and found correct, whereupon it was signed by the President 
 and attested by the Secretaries. 
 
 The order of the day was now taken up, being the ordinance 
 relating to the disposition of State troops and volunteers. 
 
 Mr. Graham moved to strike out all of the first section after 
 the Avord "States," in the ninth line, which was agreed to. 
 
 • The blank in the third line of the second Section was filled 
 with the words, "20th of August."' 
 
 On motion of Mr. Graham, the 5th Section -VNas made the 
 last Section of the ordinance. 
 
 As Section 5, he moved the following: 
 
 Be it further ordained, That the naval vessels of this State 
 be transferred to the said Confederate States upon the same 
 terms and conditions that are provided as to State troops in 
 the several sections of this ordinance. 
 
 He also moved to strike out Section 6, and insert as follows : 
 
 And ndiereas, The President of the Confederate States, 
 through a communication from the Secretary of War, has in- 
 formed this Convention that he will accept from this State, into 
 the service of the Confederate States, ten thousand Volunteers 
 for twelve months, in addition to the four regiments already in 
 said service, and cannot accept any greater number for twelve 
 months : 
 
180 JOURNAL OF THE [June 2T^ 
 
 Be it titer cf ore ordained, by the authority aforesaid, That all 
 volunteers that have been called out by the order of the Gov- 
 ernor, for twelve months, over and above the four regiments 
 aforesaid, and two thousand more to be designated by the Gov- 
 ernor and tendered to the President, for services as aforesaid, 
 shall be discharged on the 15th of August next: Provided, 
 That any of said Volunteers who shall signify their desire to 
 enlist in the State troops aforesaid, or in any corps that may 
 be called for by the President in the meantime, shall be dis- 
 charged forthwith, to the end that they may enter such new 
 service ; and, Provided further. That the Governor shall ten- 
 der such Volunteers to the President, and if the President shall 
 agree to accept them, or any part of them, for twelve months, 
 by or before the said 15th day of August, it shall be the duty 
 of the Governor to order them, or so many of them as the 
 President shall designate, into the service of the Confederate 
 States accordingly, and to discharge the residue : Provided 
 further, That any Volunteers discharged as aforesaid, shall, in 
 addition to their pay, be allowed reasonable expenses for trav- 
 elling to their several homes ; and, Provided further, That the 
 Governor may order out the militia, as volunteers or otherAvise, 
 in case of invasion, or insurrection, or imminent danger thereof. 
 
 Mr. Ruffin moved to strike out, "fifteenth," arid insert. 
 " twentieth," wherever it occurs in the amendment, and it was 
 agreed to. 
 
 Mr. Barnes offered the following amendment: After the 
 word "volunteers," in the 18th line, insert, "with their company 
 and regimental officers," which was agreed to. 
 
 Mr. Ashe moved to re-consider the adoption of the last 
 amendment, and the motion prevailed. 
 
 The question then recurring on Mr. Barnes' amendment, it 
 was not agreed to. 
 
 The amendment of Mr. Graham was then adopted. 
 
 Mr. Spruill, of Bertie, now moved to fill the blanks wher- 
 ever they occur, with the words, "twentieth of August," and 
 to strike out, "fifteenth," wherever it occurs, and it was 
 agreed to. 
 
1861.] STATE CONVENTION. 181 
 
 Mr. Speed moved to amend by adding a clause, that the 
 volunteers not wanted by the Confederate States, shall be re- 
 tained for the defense of the seaboard of this State. 
 
 Mr. Batchelor moved to strike out the words, " of the Sea- 
 board," from the amendment, and it was agreed to. 
 
 The question was then put on the amendment as amended, 
 and it was not adopted. 
 
 The hour have arrived, the Convention took a recess until 4 
 o'clock. 
 
 4 O'clock, V. M. 
 
 l>y consent, Mr. Osborne offered a resolution to appoint a 
 committee to examine the accounts of tlie officers of the first 
 regiment N. C. volunteers, which were not allowed by the 
 Quartermaster General, on account of a •\\iint of formality, 
 and to report thereupon to this Convention, and it was agreed to. 
 
 The following were appointed to constitute the committee : 
 Messrs. Osborne, Graham, Meares, Lander and Smith of Halifax. 
 
 Mr. Strong, from the committee on Enrollments, reported 
 that the ordinance to cede to the Confederate States, jurisdic- 
 tion over certain lands, on which are Forts, Beacons, Marine 
 Hospitals and Mint, had been examined and found correct, and 
 the same was signed by the President and attested by the 
 Secretaries. 
 
 The ordinance \)ending at the hour of recess was then taken up. 
 
 Mr. Graham moved to amend by adding to the 5th section, 
 as follows : " The said vessels to be paid for, or accounted for, 
 on terms to be agreed upon by the Governor with the said 
 Confederate States," which was agreed to. 
 
 Mr. Rayner moved to strike out the word "twentieth," 
 wherever it occurs, and insert the word "first," on which the 
 ayes and noes were ordered, on motion of Mr. Thomas, of 
 Jackson, and resulted in the negative, as follows : 
 
 Ayes — Messrs. Allison, Arrington, Badger, Battle of Wake, 
 Berry, Cannon, Christian, Ellison, Ferebee, Foster of Ashe, 
 
182 .101 "1 rilK (.Tr\R27, 
 
 rJnilmm," Ilolflcii, Mann, MitchclU Tctti^^ew, Uayncr, Sattoi- 
 thwaito.* Smith of Halifax. Speed. Sprouse» Wnslun«jtOTi and 
 
 ^^,,, — ..1,,<,,.. i ;.. . i;..i:.< , i).it('l»clor, 15i»r{{s, Broihmx, 
 Brown, Buntinp^, CaMwell, Conncill, Cunniophani, Dilhml, 
 Doutliitt. Durham, Edwards, Gorrell, Ilanilin, Hargrove, ITcn- 
 kel, Ilnlines, Ilnu^tnn of Duplin, Howard, Jones of Caldwell, 
 Tones of Rowan, Lander, Leak of Anson, Leak of Richmoml. 
 McDowell oft Burke, McDowell of Matlisou, McNeill of Cum- 
 licrland, McNeill of Harnett, Mcrritt, Miller, Moseley, Osborne, 
 Phifcr, Rhodes, Roystcr, Ruffin, Sanders, Shaw, Smith of 
 Macon, Spruill of Bertie, Stewart, Strong, Sutherland, Thomas 
 of Jackson, Thompson, Thornton, Tracy, Turner, "W-nable, 
 Willhims, Williamson, Winslow and Woodfin — oo. 
 
 Mr. Barnes moved to amend the 6th Section by inserting, 
 after the word "volunteers," in the 30th line, the words, ''by 
 rej^lments," which was agreed to. 
 
 Mp. Graham moved to ampni the 8th Section by adding the 
 following : "The office of military Secretary shall be continued 
 until the 20th day of September next, for the purpose of set- 
 tling the military accounts,'' which was agreed to. 
 
 Mr. Biggs offered the following a's an additional section : 
 
 " B> -it firrthcr ord'tuwd, Tlmt this ordinance may be anuMi- 
 ded, modified or repealed by the General Assembly." 
 
 Mr. Ruffin mov^d to ftmen'd the amendment by adding thei-eto 
 as follows: *'So far as regards the discharge of the twelve- 
 months volunteers \v1<i"''« li-ivo not b<'<M» ric.«fntfi] liv flu- Gov- 
 ernment of the f.'oi; Stntos. 
 
 (Ill •' i . noes were ordered, on luuiion of Mr. 
 
 Biii-s, iiii.l i.-iunu )., i he afHriJifttire,fl9 follows : 
 
 Ayes — Messrs. Arringtoji, Badger, Barnes, Batchelor, Bat- 
 tle of Waki', ITcrry, Bro<huix, Rrown, Cannon, Christian, Couii- 
 cill, Dick, Lr.uthitt, Edwards, Ellison, Fcrebeo, Foster of Ashe, 
 Foster of Randolph, Gilmer, (Jorrell, Graham, Grimes, Ham- 
 lin, Ilohlen, Houston of Duplrrt, Jones of 'Cumberland, Jones 
 of Rowan, Kittrell, Leak of Anson, Long, Mann, McNeill of 
 H;iniett. Merritt. iMillor. iVttiLncw. Phifer, Rayucr, Rhodes, 
 
1861.] STATE COJSIVENTION. l^^S 
 
 Ruffin, Sanders, Sattcrthwaitc, Smith' of Halifax, Smith of 
 ]Macon, Speed, Sprousc, Spnlill of Tyrrell, Washington, Wil- 
 liamson and Wilson — 4D. 
 
 Noes — Mcsi-rs. Allison, Ashe, Biggs, Bunting, Caldwell, Cun- 
 ningham, Dilkrd, Durham, Hargrove, llenkel. Holmes, How- 
 ard, Lander, Leak of Richmond, McDowell of Burke, Mc- 
 Dowell of IMadison, McKeill of Cumberland, Moseley, Osborne, 
 Royster, Shaw, Spruill of Bertie, Stewart, Strong, Sutherland, 
 Thomas of Jackson, Thompson, Thornton, Tracy, Turner, Ven- 
 able, Williams and Woodfin— ^33. 
 
 The question was then on ihe amendment as amended, on 
 which the ayes and noes were ordered, on motion of Mr. Gor- 
 rell, and resulted in the affirmative, as follows : 
 
 Ayes' — Messrs. Ashe,- Barnes, Batclielor, Battle of Wake, 
 Biggs, Brown, Cunningham, Dillard, Douthitt, Durham, Ed- 
 Avards, Grimes, Hargrove, Henkel, Holmes, Houston of Duplin, 
 Howard, Jones of Rowan, Lander, Leak of Richmond, Mc- 
 Dowell of Burke, ^IcDowell of Madison, McKeill of Ciinjber- 
 land, Merritt, Moseley, Osborne, Phifer, Rhodes, Royster, 
 Ruffin, Sanders, Shaw, Spruill of Bertie, Stewart, Strong, 
 Sutherland, Thomas of Jackson, Thompson, Thornton, Tracy, 
 Turner, Venable, Washington, 'Williams, Williamson, Winslow 
 and Woodfin — 1:8 . 
 
 Noes — Messrs. Allison, Arrington, Badger, Berry, Brodnax, 
 Bunting, Caldwell, Cannon, Christian, Councill, Dick, Ellison. 
 Ferebee, Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, 
 Graliam, Hamlin, Headen, Holdcn, Jones of Caldwell, Joyce, 
 Kittrcil, Leak of Anson, Long, Mann, McNeill of Harnett, 
 Miller, Mitchell, Pcttigrew, Rayner, Satterthwaite,' Smith' oi" 
 Halifax, Smith of Macon, Speed, Sprouse, Spruill of Tyrrell 
 and Wilson — 38. 
 
 The question then recurring on the passage of the ordinance 
 as amended, on its second reading, the ayes and noes were 
 ordered, on motion of Mr. Shaw, and resulted in the affirmative, 
 as follows : 
 
 AybS — Mes.srs. Allison, Arrington, Badger, Baiiir.-, Batcli- 
 elor, Battle of Wake, Btrry, Brodnax, Brown, Caunou, Chris- 
 
184 ^ JOURNAL OF TUL [June 2T, 
 
 tian, Council], Dick, Doutliitt, EiUvards, Ellison, Fcrcbcc, Fos- 
 ter of Ashe, Foster of Randolph, Gilmer, Gorrcll, Graham, 
 Ilamlin, lleadcn, lloltleii, Jones of Caldwell, Jones of Rowan, 
 Joyce, Kittrell, Leak of Anson, Leak of Richmond, Lopg, 
 Mann, iMcNeill of TLivnett, Mcares, Merritt, Mitchell, Osborne, 
 Pettigrew, I'hifcr, Rayner, Rhodes, Ruffin, Sanders, Satter- 
 thwaite, Smith of Halifax, Speed, Sprousc, Spruill of Tyrrell, 
 Warren, Washington, Williamson and Wilson — 53. 
 
 Noes — Messrs. Ashe, Biggs, Bunting, Caldwell, Cunningham, 
 Dillard, Durham, Grimes, Hargrove, Ilenkel, Holmes, Houston 
 of Duplin, Howanl, Lander, McDowell of Burke, McDowell of 
 Madison, McNeill of Cumberland, Miller, Moselcy, Royster, 
 Shaw, Spruill of Bertie, Stewart, Strong, Sutherland, Thomas 
 of Jackson, Thompson, Thornton, Tracy, Turner, Venable, 
 Williams, Winslow and Woodfin — o4. 
 
 On motion, the rule Avas suspended and the ordinance put 
 upon its third reading and passed. 
 
 On motion, the title was amended by adding the words "and 
 for other purposes," and, as thus amended, tlie ordinance was 
 ordered to be enrolled. 
 
 Mr. Rayner moved to re-consider the vote by which the ordi- 
 nance was passed, and the motion did not prevail. 
 
 Mr. Shaw, introduced a resolution for the appointment of a 
 committee to report an ordinance to prevent the payment of the 
 interest on the bonds of the State, held by our alien enemies, 
 which was adopted, and Messrs. Shaw, Woodfin and Leak, of 
 Richmond, appointed to constitute said committee. 
 
 The ordinance providing for the suffrage of soldiers while on 
 duty, was then taken up on its third reading. 
 
 Mr. Satterthwaite moved that it be indefinitely postponed, 
 on which the ayes and noes were ordered, on motion of Mr. 
 Spruill, of Bertie, and resulted in the negative, as follows ; 
 
 Ayes — Messrs. Badger, Batchelor, Brodnax, Edwards, Fere- 
 bee, Graham, Jones of Caldwell, Kittrell, Mitchell, Pettigrew, 
 Rayner. Ruffin, Satterthwaite, Smith of Halifax, Speed, Sprouao, 
 Spruill of Tyrrell and Sutherland — 18. 
 
1861.] STATE CONVENTION. 185 
 
 Noes — Messrs. Arrington, Ashe, Barnes, Battle of Wake, 
 Berry, Biggs, Brown, Bunting, CaldAvell, Cannon, Christian, 
 Councill, Cunningham, Dick, Dillard, Douthitt, Durham, Elli- 
 son, Foster of Asho, Foster of Randolph, Gilmer, Gorrell, 
 Grimes, Hamlin, Hargrove, Headen, Henkel, Ilolden, Holmes, 
 Houston of Duplin, Howard, Joyce, Lander, Leak of Anson, 
 Leak of Richmond, Long, Mann, McDowell of Burke, Mc- 
 Dowell of Madison, McNeill of Cumberland, McNeill of Har- 
 nett, Merritt, Miller, Moseley, Osborne, Phifer, Rhodes, Roys- 
 ter, Sanders, Shaw, Smith of Macon, Spruill of Bertie, Stewart, 
 Strong, Thomas of Jackson, Thompson, Thornton, Tracy, 
 Turner, Venablc, Warren, Williams, Wilson and Woodfin — 63. 
 
 Mr. Gorrell moved to postpone the further consideration of 
 the subject until the third Monday of November next, on which 
 the ayes and noes were ordered, on motion of Mr. Barnes, and 
 resulted in the negative, as follows ; 
 
 Ayes — Messrs. Badger, Batchclor, Battle of Wake, Beiry, 
 Brodnax, Douthitt, Edwards, Ferebee, Gorrell, Graham, Jones 
 of Caldwell, Jones of Rowan, Mitchell, Pettigrew, Rayner, 
 Satterthwaite, Smith of Halifax and Speed — 18. 
 
 NoES-^Messrs. Arrington, Ashe, Barnes, Biggs, Brown, Bunt- 
 ing, Cannon, Christian, Councill, Cunningham, Dick, Dillard, 
 Durham, Ellison, Foster of Ashe, Foster of Randolph, Gilmer 
 Hamlin, Hargrove, Henkel, Holden, Holmes, Houston of Du- 
 plin, Howard, Joyce, Kittrell, Lander, Leak of Angon, Leak 
 of Richmond, Long, McDowell of Burke, McDowell of Madi- 
 son, McNeill of Cumberland, McNeill of Harnett, Miller, 
 Moseley, Phifer, Rhodes, Royster,. Sanders, Shaw, Spruill of 
 Bertie, Stewart, Strong, Thomas of Jackson, Thompson, Thorn- 
 ton, Tracy, Turner, Venable, Warren, Williams and William- 
 son — 54. 
 
 Mr. Rayner moved to refer the subject to a committee of 
 three with instructions to report thereon to-morrow, and it was 
 not agreed to. 
 
 Mr. Speed moved to strike out the word, "Captain," and in- 
 sert, " Three freeholders of the Company," which was agreed to. 
 24 
 
186 JOURNAL OF THE [.)uxe 28, 
 
 Ml". GorrcU moved to amend by limiting the continuance of 
 this ordinance to the Avar now existing between the Confederate 
 States and the United States, and it was agreed to. 
 
 The ordinance then passed its tliivd ;uid last reading, and wms 
 ordered to be enrolled. 
 
 j\Ir. llayner, from the committee on Finance, reported an 
 ordinance to provide the ways and means of the State, which 
 passed its first reading, and was ordered to be printed, and 
 made the special order for to-morrow at 9 o'clock. 
 
 The Convention then adjourned until to-morrow morning at 
 half past eight o'clock. 
 
 IN CONVENTION, Fkiday, June 28, 1861. 
 
 At the hour agreed on yesterday, the President took the 
 Chair and called the Convention to order. Prayer by Rev. 
 J. M. Atkinson, of the. Presbyterian Church. 
 
 The journal of yesterday was read and approved. 
 
 The President laid before the Convention a letter from P. H. 
 Winston, Jr., accepting the position on the Board of Claims, to 
 which he had been elected by the Convention. 
 
 Mr. RuflSn presented the memorial of Haywood "VV. Guion, 
 President of the Wilmington, Charlotte and Rutherford Rail- 
 road Company, asking the Convention to authorize the Governor 
 to issue to said Company the coupon bonds of the State to 
 which it was entitled by its charter on the first day of April 
 last ; the Governor having," from his opinion of public policy, 
 declined to sign and deliver the same, which was read. 
 
 Mr. Ruffin offered a resolution to carry out the prayer of the 
 memorialist, Avhich passed its first reading. 
 
 On motion, the rules were suspended and the resolution passed 
 its second reading, and was read the third time. 
 
 Mr. Arrington moved that the Resolution lie on the table, on 
 which the ayes and noes were ordered, on motion of Mr. Arring- 
 ton, and resulted in the negative, as follows : 
 
1861.] STATE CONVENTION. 187 
 
 Ayes — Mesary. Arrington, Brown, Cannon, Cunningham, 
 Dillard, Ellison, Gorrell, Hargrove, Kittrell, McNeill of Cum- 
 berland, Boyster, Sanders, Shaw, Speed, Thompson, Thornton, 
 Warren and Williams — 18. 
 
 NoKS — Messrs. Allison, Ashe, Barnes, Batchelor, Battle of 
 Wake, Berry, Brodnax, Bunting, Caldwell, Christian, Council, 
 Dick, Douthit, Durham, Edwards, Ferebec, Foster of Ashe, 
 Foster of Randolph, Gilmer, Graham, Headen, Henkel, Hol- 
 den. Holmes. Houston of Duplin, Jones of Caldwell, Jones of 
 Rowan, Joyce, Lander, Leak of Anson, Long, McNeill of 
 Harnett, Meares, Merritt, Miller, Mitchell, Moseley, Osborne, 
 Pettigrew, Rhodes, Ruffin, Smith of Halifax, Smith of Macon, 
 Sprouse, Spruill of Bertie, Strong, Tracy, Turner, Venable, 
 Washington and Woodfin — 51. 
 
 Mr. Rayner offered the following amendment, which was 
 adopted : " Provided, that this Resolution shall not be con- 
 strued so as to authorize the Governor and Public Treasurer to 
 issue bonds to any other Corporation, unless, in his judgment, 
 he may deem it necessary." 
 
 The Resolution, as amended, then passed the third reading, 
 and was ordered to be enrolled. 
 
 The hour having arrived, the special order was taken up, 
 being the ordinance to provide the ways and means of the State. 
 
 Mr. Shaw moved to postpone the same until 11 o'clock, in 
 order to consider the ordinance heretofore introduced by him, 
 in regoi'd to the bonds of the State held by our enemies. 
 
 On this the ayes and noes were ordered, on motion of Mr. 
 Ashe, and resulted in the negative, as follows : 
 
 Ayes — Messrs. Arrington, Ashe, Batchelor, Brodnax, Bunt- 
 ing, Cunningham, Dillard, Durham, Ferebee, Hargrove, Hea- 
 den, Henkel, Holmes, Houston of Duplin, Howard, McNeill of 
 Cumberland, McNeill of Harnett, Moseley, Rayner, Rhodes, 
 Shaw, Speed, Stewart, Strong, Thompson, Thornton, Turner, 
 Venable, Williams and Woodfin — 30. 
 
 Noes— Messrs. Allison, Barnes, Battle of Wake, Berry 
 Biggs, Brown, Caldwell, Cannon, Council, Dick, Douthit, Ed- 
 wards, Ellison, Foster of Ashe, Foster of Randolph, Gilmer, 
 
188 JOURNAL OF THE [June 28, 
 
 Gorrell, Graham, Hamlin, Holdon, Jones of Caldwell, Jones of 
 Rowan, Joyce, Kittrell, Lander, Leak of Anson, Long, Mann, 
 Merritt, Miller, Mitchell, Osborne, Pettigrew, Ruffin, Sanders, 
 Satterthwaite, Smith of Halifax, Sprouse, Spruill of Bertie, ' 
 Spruill of Tyrrell, Thomas of Jackson, Tracy, Warren, Wash- 
 ington, Williamson and Wilson — 46. 
 
 Mr. Holmes moved to postpone the special order for the pur- 
 pose of considering the ordinance reported by him, in relation 
 to the property of citizens who have abandoned and left the 
 State, which was not agreed to. 
 
 Mr. Battle, of Wake, from the Committee on Enrollments, 
 reported that the following ordinances and resolutions had been 
 examined and found correct : 
 
 An ordinance for the disposition of State troops and Volun- 
 teers, and for other purposes. 
 
 An Ordinance to allow the right of suffrage to our citizen 
 soldiers while in active service. 
 
 A Resolution in relation to certain bonds of the State due the 
 Wilmington, Charlotte and Rutherford Railroad Company ; 
 
 Which were severally signed by the President and attested 
 by the Secretaries. 
 
 Mr. Houston, of Duplin, from the committee on that subject, 
 reported adversely upon the proposition to lay an embargo on 
 the exports of the State. In which report the Convention con- 
 curred. 
 
 The special order being then taken up, 
 
 Mr. Ruffin moved to amend as follows : Insert after the word, 
 "Provided," in the 18th line of the 2nd section, the Avords, 
 " that no such notes shall be issued before the first day of 
 March next ; and provided further," on which the ayes and noes 
 were ordered, on motion of Mr. Rayner, arid resulted in the 
 affirmative, as follows : 
 
 Ayes — Messrs. Arrington, Badger, Barnes, Batchelor, Berry, 
 Biggs, Bond, Bunting, Caldwell, Cannon, Council, Cunningham, 
 Dick, Dillard, Douthit, Edwards, Ellison, Ferebee, Foster of 
 Ashe, Graham, Grimes, Hargrove, Headen, Henkel, Holden, 
 Holmes, Houston of Duplin, Kittrell, Lander, Long, Meares, 
 
1861.] STATE CONVENTION. 189 
 
 Merritt, Miller, Mitchell, Moseley, Osborne, Pettigrew, Rhodes, 
 Royster, Ruffin, Sanders, Satterthwaite, Shaw, Smith of Hali- 
 fax, Smith of Macon, Sprouse, Spruill of Tyrrell, Stewart, 
 Strong, Thompson, Tracy, Venable, Warren, AVashington, Wil- 
 liams, Williamson and Wilson — 57. 
 
 Noes — Messrs. Allison, Brown, Christian, Gilmer, Hamlin, 
 Joyce, McNeill of Harnett, Rayner, Speed, Spruill of Bertie, 
 Thornton and Woodfin— 12. 
 
 Mr. Biggs oflfercd the following amendment : Strike out the 
 1st, 2d, 6th, 7th, and 9th sections of the Ordinance, and amend 
 the third section by striking out the words, " three millions of 
 dollars, including the amount already borrowed from the banks 
 of this State," in the 6th and 7th lines, and insert the words, 
 " one million, five hundred thousand dollars, which shall be con- 
 sidered part of the sum he is authorized to borrow." 
 
 On this motion the ayes and noes were ordered, and resulted 
 in the negative, as follows : 
 
 Ayes — Messrs. Biggs, Brown, Bunting, Cunningham, Dur- 
 ham, Hargrove, Henkel, Holmes, Lander, McNeill of Cumber- 
 land, Moseley, Osborne, Royster, Shaw, Spruill of Bertie, 
 Thompson, Thornton, Tracy, Turner, Williamson and Wood- 
 fin— 21. 
 
 Noes — Messrs. Allison, Arrington, Badger, Barnes, Batch- 
 elor. Battle of Wake, Berry, Brodnax, Cannon, Christian, 
 Council, Dick, Dillard, Douthitt, Edwards, Ellison, Ferebee, 
 Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, Graham, 
 Grimes, Headen, Holden, Houston of Duplin, Jones of Rowan, 
 Joyce, Kittrell, Leak of Anson, Mann, McNeill of Harnett, 
 Merritt, Miller, Mitchell, Pettigrew, Rhodes, Ruffin, Sanders, 
 Satterthwaite, Smith of Macon, Speed, Sprouse, Spruill of Tyr- 
 rell, Stewart, Warren, Washington, Williams and Wilson — 49. 
 
 The ordinance, as amended, then passed the second and third 
 readings, and was ordered to be enrolled. 
 
 Mr. Shaw moved to take up for consideration the ordinance 
 heretofore introduced by him, in relation to the interest on 
 bonds of the State held by our enemies ; which was agreed to. 
 
 Mr. Graham moved to amend by striking o»t the words, 
 "citizen or corporation," pending the consideration of which. 
 
190 JOURNAL OF THE [June 28, 
 
 Mr. Miller moved to postpone the subject until the third 
 Monday in November next, on which the ayes and noes were 
 ordered, on motion of Mr. Shaw, and resulted in the affirmative, 
 as follows : 
 
 Ayes — Messrs. Allison, Arrington, Bad^jcr, Batchelor, Bat- 
 tle of "Wake, Berry, Brodnax, Brown, Dick, Douthitt, Ellison, 
 Foster of Ashe, Gorrell, Graham, Hamlin, Headen, Holdeu, 
 Jones of Caldwell, Jones of Rowan, Long, Mann, McNeill of 
 Harnett, Merritt, Miller, Mitchell, Ruffin, Sanders, Satter- 
 thwaite, Smith of Halifax, Smith of Macon, Sprouse, Tracy, 
 Warren, Washington and Wilson — 35. 
 
 Noes — Messrs. Ashe, Barnes, Biggs, Bunting, Caldwell, Can- 
 non, Councill, Dillard, Durham, Edwards, Ferebee, Hargrove, 
 Henkel, Holmes, Houston of Duplin, Howard, Lander, McNeill 
 of Cumberland, Mosely, Osborne, Pettigrew, Rayner, Rhodes, 
 Royster, Shaw, Speed, Spruill of Bertie, Stewart, Strong, 
 Thompson, Thornton, AVilliams, Winslow and Woodfin — 34. 
 
 Mr. Rayner oflered an Ordinance to amend the Ordinance 
 providing for a Board of Claims, which passed the three severaJ 
 readings, under a suspension of the rule, and was ordered to be 
 
 enrolled.- •' ■ " ;,/•'"", •*^*"'^." 
 
 Mr: Speed oftered the following Resolution, wtich was unan- 
 imously adopted, (Mr. Satterthwaite in the Chair) : 
 
 Resolved^ That the thanks of this Convention are eminently 
 due, and are hereby tendered to Hon, Weldon N. Edwards, for 
 the able and dignified manner in which he has discharged the 
 difficult and arduous duties' of Presiding Officer. 
 
 Mr. Holmes moved to take up and consider the ordinance in 
 relation to the property of citizens who liave abandoned and 
 left the State. 
 
 Mr, Badger moved to lay the motion on the table, on which 
 the ayes and noes were ordered, on motion of Mr. Ashe, and 
 resulted in the negative, as follows : 
 
 Ayes — Messrs. Allison, Badger, Barnes, Battle of Wake, 
 Brodnax, Brown, Cannon, Council, Dick, Douthitt, Ellison, Fos- 
 ter of Ashe, Gilmer, Graham, Holden, Jones of Caldwell, 
 Jones of Rowan, Kittrell, Long, Mann, Merritt, Miller, Mitch- 
 
1861.] STATE CONVENTION. 191 
 
 ell, Osborne, Pcttigrcw, Sauders, Satterthwaite, Smith of Macon, 
 Speed, Sprousc, Williamson and Wilson — 32. 
 
 Noes — Messrs. Arrington, Ashe, Batchclor, Berry, Bunting, 
 Caldwell, Cunningham, Dillard, Durham, Grimes, Hargrove, 
 Ilenkel, Holmes, Houston of Duplin, Howard, McNeill of Cum- 
 berland, McNeill of Harnett, Mcarcs, Moseley, Rayner, Rhodes, 
 Roystcr, Ruffin, Shaw, Smith of Halifax, Spruill of Bertie, 
 Stewart, Strong, Thomas of Jackson, Thompson, Thornton, 
 Tracy, Turner, Washington, Williams, Winslow and Wood- 
 fin— 37. 
 
 The question was then on the motioQ of Mr. Holmes to take 
 up the ordinance designated by him, on which the ayes and 
 noes were ordered, on motion of Mr. Ashe, and resulted in the 
 affirmative, as follows : 
 
 Ayes — Messrs. Arrington, Ashe, Batchclor, Biggs, Bunting, 
 Caldwell, Dillard, Durham, Fcrcbcc, Grimes, Hargrove, Henkel, 
 Holmes, Houston of Duplin, Howard, McNeill of Cumberland, 
 Meares, Miller, Moseley, Rayner, Rhodes, Royster, Ruffin, 
 Shaw, Smith of Halifax, Spruill of Bertie, Stewart, Strong, 
 Thomas of Jackson, Thompson, Thornton, Tracy, Turner, Wil- 
 liams, Winslow and Woodfin — 36. 
 
 Noes — Messrs. Allison, Badger, Barnes, Battle of Wake, 
 Berry, Brodnax, Christian, Dick, Douthitt, Ellison, Foster of 
 Ashe, Gilmer, Graham, Hamlin, Jones of Caldwell, Jones of 
 Rowan, Joyce, Kittrell, Long, Mann, McNeill of Harnett, Mer- 
 ritt, Osborne, Pettigrcw, Sanders, Satterthwaite, Smith of 
 Macon, Speed, Washington and Wilson — 28. 
 
 Mr. Ruffin moved to postpone the further consideration of the 
 subject, until the third Monday in November next, on which the 
 ayes and noes were ordered, on motion of Mr. Holmes, and 
 resulted in the affirmative, as follows : 
 
 Ayes — Messrs. Allison, Arrington, Badger, Barnes, Batch- 
 clor, Battle of Wake, Berry, Bunting, Caldwell, Christian, 
 Councill, Dick, Douthit, Durham, Ellison, Foster of Ashe, Gil- 
 mer, Graham, Headen, Henkel, Holden, Holmes, Houston of 
 Duplin, Howard, Jones of Caldwell, Jones of Rowan, Joyce, 
 Long. Mann, .McNeill of Cumberland, McNeill of Harnett, 
 
192 JOURNAL OF THE [June 28, 
 
 Meares, Merritt, Miller, Mitchell, Moscley, Osborne, Pettigrew, 
 Rhodes, Roystcr, Ruffin, Sanders, Satterthwaite, Smith of Hali- 
 fax, Smith of Macon, Speed, Sprouse, Stewart, Strong, Thomas 
 of Jackson, Tracy, Washington, Wilson, Winslow and Wood- 
 fin— 55. 
 
 Noes — Messrs. Biggs, Cannon, Cunningham, Dillard, Grimes, 
 Hargrove, Rayncr, Shaw, Thompson, Thornton, Turner and 
 Williams— 12. 
 
 Mr. Battle of Wake, from the committee on enrollments, 
 reported the following ordinances, as having been examined and 
 found correct, and which were severally signed by the President 
 and attested by the Secretaries : 
 
 An Ordinance to provide the Avays and means of the State ; 
 
 An Ordinance to amend an Ordinance providing for a Board 
 of Claims. 
 
 Messrs. Ashe and Houston of Duplin, tendered their resigna- 
 tion as members of this Convention, which were accepted, and 
 the President was directed to issue writs of election for the first 
 Thursday in August next, to fill the vacancies thus created. 
 
 The hour for adjournment having arrived, the President 
 addressed the Convention as follows : 
 
 Gentlemen of the Convention : 
 
 I am profoundly and gratefully impressed by the generous 
 testimonial of kindness just oifered me. The highest reward 
 to the public servant is the approbation of those he has endea- 
 vored to serve. It is also his highest praise ; and for the 
 bestowal of that approbation upon my humble efibrts in the 
 administration of the duties of the Chair, I thank you — sincerely 
 thank you. 
 
 If I have been so fortunate as to produce in the minds of the 
 Convention the conviction that I have tried to do rigid, my high- 
 est aspirations will have been gratified. That my administration 
 has been without fault, I make no pretense or claim. Perfection 
 belongs to no man. I have, doubtless, committed errors — 
 perhaps too many — but they were unintentional, and were com- 
 mitted in the sincere eftbrt to discharge my duty. Over such 
 
 ^ 
 
1861.] STATE CONVENTION. 193 
 
 errors, I trust, the generosity of the Convention will throw the 
 mantle of Charity. 
 
 We are now about to separate, and, though but for a short 
 interval, the uncertainties of the future, with the unsparing 
 scythe of Time, ever ready for his work, may make this, perhaps, 
 to some of us, the last farewell. I trust, however, that our for- 
 tunes may be different, and that each one may return to this 
 Hall, bringing with him the glad tidings that gentle Peace has 
 visited our distracted country, and that her genial and benign 
 influences are felt throughout our land ; and may the long 
 prospective before us afford the promise of uninterrupted and 
 successful occupation in all the walks of life, and the assurance 
 that peace, plenty, and prosperity will ever smile in our midst. 
 
 May each of you safely return to your family and friends and 
 find them in health and happiness, and may such blessings 
 evermore be yours and their lot, I fervently pray. 
 
 I have now no further duty to perform than to declare that 
 this Convention stands adjourned until the third Monday in 
 November next, unless sooner convened in the manner prescribed 
 by the Resolution of this Body. 
 25 
 
JOURNAL 
 
 <a 
 
 THE CONVENTION 
 
 OF THE PEOPLE OF 
 
 NORTH CAROLINA. 
 
 Sieconli Session. 
 
 HELD IN NOVEMBER AND DECEMBER, 1861, 
 
 C 
 
 |-^ RALEIGH : 
 
 ^ mo. W. SYME, PRINTER TO THE CONVENTION. 
 
 1862, 
 

 ^ 
 
 '» 
 
 h 
 
JOURNAL 
 
 OF THE 
 
 STATE CONVENTION 
 
 SECOND SESSION, 1861. 
 
 IN CONVENTION, Monday, November 18, 1861. 
 
 Pursuant to the order of adjournment, made at the last session, 
 the Convention re-assembled this day, and was called to order 
 by the President, Hon. Weldon N. Edwards. 
 
 Prayer was offered by Rev. Joseph M. Atkinson, of the Pres- 
 byterian Church. 
 
 The journal of the last day of the preceding session was read 
 and approved. 
 
 The following Delegates, elected to fill vacancies in their 
 respective counties, presented their credentials and took their 
 seats, viz : James H. Bryson, of Cherokee ; Richard A. Cald- 
 well, of Rowan ; James Dickson, of Duplin ; David Schenck, of 
 Lincoln ; and George Setzer, of Catawba. 
 
 On motion of Mr. Satterthwaite, the roll of members was 
 called, and the following answered to their names, viz : Messrs. 
 Foster of Ashe, Ellison and Warren of Beaufort, Meares of 
 Brunswick, Setzer of Catawba, McNeill of Cumberland, Thomas 
 of Carteret, Bryson of Cherokee, Headen of Chatham, Tracy of 
 Cleaveland, Douthitt and Kittrell of Davidson, Sprouse of Davie, 
 Dickson and Rhodes of Duplin, Howard of Edgecombe, Wil- 
 liams of P>anklin, Hargrove and Royster of Oranville, Darden 
 
4 JOURNAL OF THE [2d Seshon, 
 
 of Greene, Johnston of Gaston, Rayner of Hertford, Mann of 
 Hyde, Allison and Mitchell of Iredell, Thomas of Jackson, 
 Sanders of Johnston, Washington of Lenoir, Schenck of Lincoln, 
 Osborne of Mecklenburg, Biggs of Martin, Greenlee of McDow- 
 ell, Christian of Montgomery, Smith of Macon, Arrington of 
 Nash, Barnes of Northampton, Berry of Orange, Satterthwaite 
 of Pitt, Cunningham of Person, Leak of Richmond, Carson and 
 Durham of Rutherford, Caldwell of Rowan, Hearne of Stanly, 
 Houston of Union, Badger, Battle and Holden of Wake, the 
 President and Mr. Thornton of Warren, Mr. Pettigrew of 
 Washington, Mr. Penland of Yancey, Mr. Armfield of Yadkin, 
 Mr. McNeill of Harnett. 
 
 There being no quorum present, on motion of Mr. Satter- 
 thwaite, the Convention adjourned until to-morrow morning at 
 10 o'clock. 
 
 IN CONVENTION, Tuesday, November 19, 1861. 
 
 The Convention met pursuant to adjournment, the President 
 in the Chair. 
 
 The journal of yesterday was read and approved. 
 
 Robert Strange of New Hanover, Neill Kelly of Bladen, 
 elected to fill vacancies in their respective counties, appeared, 
 produced their credentials and took their seats. 
 
 Mr. Leak introduced the following resolution, which, on 
 motion of Mr. Biggs, was referred to a select Committee of one 
 from each judicial district : 
 
 Whereas, The excitement pervading our entire community, 
 arising from the present war, is such as to render it obvious that 
 the present time is inauspicious to cool, calm, and dispassionate 
 consideration ; be it therefore 
 
 Resolved, That this Convention will entertain no proposition 
 to alter or to amend the Constitution at its present session, but 
 
 will, on the day of adjourn over to the , subject 
 
 to the same provisions of being convoked by the President, or 
 upon his death or inability, by a majority of the five Commis- 
 sioners heretofore appointed. 
 
1861.] • STATE CONVENTION. 5 
 
 The President announced the following as the Committee : 
 Messrs. Leak of Richmond, Pettigrew, Warren, Biggs, Mebane. 
 Schenck and McDowell of Madison. 
 
 Mr. Foster of KiMvlolpli offprtMl tlie following, which \vm< 
 agreed to : 
 
 Resolved, That the Comptroller 1)t' required to furnish thi.s 
 Convention, at the earliest day practicable, the tabular State- 
 ment of the amount of State taxes collected each 3'ear, for the 
 last five years, from each county, distinguishing between' the 
 various subjects of taxation, as required by a resolution adopted 
 at the first session of this Convention. 
 
 Mr. Badger gave notice that he would, on to-morrow, ofier an 
 ordinance, the purpose of which would be to protect the good 
 citizens of the State against the unpardonable extortion^ of 
 speculators and monopob'sts. 
 
 Mr. Rayner introduced an Ordinance to provide for the imme- 
 diate wants of the Treasury, which passed its first reading. On 
 his motion, the rules were suspended, the ordinance was read 
 the second time and passed. Having been read the third time, 
 on motion of Mr. Badger it was referred to a select committee, 
 on which the President appointed Messrs. Rufiin, Rayner, Sat- 
 terthwaite. Strange and Carson. 
 
 On motion of Mr. Badger a Committee, consisting of Messrs. 
 Badger and Rufiin, was appointed to wait upon His Excellency, 
 the Governor, and inform him of the readiness of this Convention 
 to proceed to the dispatch of public business, and the willingness 
 of the Body to receive any communication from him in relation 
 to public afiairs, which he may deem it advisable to make. 
 
 On motion of Mr. Satterthwaite the President was authorized 
 to fill all vacancies in the several committees of this Convention, 
 caused by resignation of members of the Body. 
 
 The President laid before the Convention the letters of 
 resignation of Messrs. Shaw of Currituck, Lander of Lincoln, and 
 Grimes of Pitt, received by him during the recess, and informed 
 the Convention that he had issued in due time, writs of election 
 to fill the vacancies. 
 
6 JOURNAL OF THE [2d Session; 
 
 Mr. Osborne announced the death of Azariah C. Stewart, 
 the delegate to the Convention from the County of Alexander, 
 accompanied with the following resolutions, which were unani- 
 mously agreed to : 
 
 Resolved., That this Convention has learned with regret the 
 death of A, C. Stewart, the delegate to this Convention from 
 the County of Alexander. 
 
 Resolved, That in the untimely death of one so young, so 
 amiable and intelligent, with a life promising so much useful- 
 ness to the coraniunity, the Convention unites its sympathies 
 witli those of his relations and friends, and will wear the usual 
 badge of mourning for the space of thirty days. 
 
 Resolved, That these resolutions be communicated by the 
 President to the family of the deceased. 
 
 On motion of Mr. Osborne, the President was directed to 
 issue his writ of election ta the Sheriff of Alexander County to 
 cause an election to be held to fill the vacancy, on Thursday, the 
 29th instant. 
 
 Mr. Hargrove offered the follo"vving, which was agreed to : 
 
 Resolved, That the use of the Hall be granted to Mrs. Heav- 
 lin, of Granville, for Wednesday evening, for the purpose of 
 giving readings from Shakspeare, for the benefit of the sick and 
 \Younded soldiers of North Carolina, 
 
 Mr. Badger, from the committee .appointed to wait upon the 
 Governor, reported that the duty had been discharged — the 
 Governor expressed his sense of the courtesy of the Convention, 
 and asked that the Convention be informed that at present he 
 was not prepared to make it any communication, but would, 
 probably, at some future day, feel it to be his duty, as it would 
 be his pleasure, to confer freely with the body upon matters 
 pertaining to the interests of the people. 
 
 On motion of Mr. Batchelor, the Convention adjourned until 
 to-morrow morning at 10 o'clock* 
 
 # 
 
1861.] STATE CONVENTION. 
 
 IN CONVENTION, Wednesday, November 20, 1861. 
 
 At the usual hour the President took the Chair and called the 
 Convention to order. Prayer by Rev. Mr. Broaddus, of South 
 Carolina. 
 
 The journal of yesterday was read and approved. 
 
 The President laid before the Convention a presentment of the 
 Grand Jury of Currituck County, in relation to the Act of the 
 General Assembly, commonly known as the "Stay Law," which, 
 on motion of Mr. Biggs, was ordered to lie on the table. 
 
 Peyton A. Atkinson, delegate elect from the county of Pitt, to 
 fill the vacancy occasioned by the resignation of Bryan Grimes, 
 presented his credentials and took his seat in the Convention. 
 
 Mr. Leak, from the committee on the Resolution offered by 
 him yesterday, made a report accompanied with a substitute, and 
 recommended its adoption, which, under the rules, lies over one 
 day for consideration. 
 
 Mr. Biggs asked the unanimous consent of the Convention 
 that the Resolution be now considered. Objection being made, 
 he moved to suspend the rules for that purpose. 
 
 On this question the ayes and noes were ordered, and resulted 
 in the negative — ayes 50, noes 38, (two-thirds not voting in the 
 affirmative,) as follows : 
 
 Ayes — Messrs. Arrington, Battle of Edgecombe, Biggs, 
 Bunting, Caldwell of Rowan, Calloway, Carson, Cunningham, 
 Darden, Dickson, Dillard, Durham, Edwards, Foster of Ashe, 
 Fuller, Greenlee, Hargrove, Hearne, Holmes, Howard, John- 
 ston, Leak of Richmond, McDowell of Burke, McDowell of 
 Madison, McNeill of Cumberland, McNeill of Harnett, Mebane, 
 Miller, Mitchell, Moseley, Patterson, Penland, Pettigrew, Phifer, 
 Rhodes, Royster, Schenck, Setzer, Smith of Halifax, Strange, 
 Strong, Sutherland, Thompson, Thornton, Tracy, Walton, Whit- 
 ford, Williams, Williamson and Wooten — 50. 
 
 Noes — Messrs. Allison, Armfield, Atkinson, Barnes, Batche- 
 
 lor, Battle of Wake, Berry, Bryson, Christian, Douthitt, 
 
 Eller) Ellison, Foster of Randolph, Gilmer, Graham, Green, 
 
 Headen, Holdeu, Houston of Union, Jonea of Rowan, Joyce> 
 
 26 
 
8 JOURNAL OF THE f'lh Sbssion, 
 
 Kelly, Kittrell, Mann, Manning, Mearos, Merritt, Myers, Os- 
 borne, Sanders, Sattertlwaite, Smith of Johnston, Smith of 
 Macon, Sprouso, Thomas of Carteret, Turner, Warren and Wil- 
 son— 38. 
 
 Mr. Warren offered the following, which lies over one day : 
 Resolved, That we have undiminished confidence in the courage 
 and loyalty of the oflScers a,nd soldiers who, after a long and 
 severe bombardment, were compelled to surrender to an over- 
 whelming force, the inadequate defenses at Hatteras, on the 29th 
 of August last, and that they deserve our thanks for their gallant 
 conduct. 
 
 Mr. Williams offered the following, which lies over one day : 
 Resolved, That a committee of five be appointed to inquire 
 into the expediency of granting to the Courts of Pleas and Quar- 
 ter Sessions of this State, to allow free negroes to select their 
 own masters and become slaves, upon petitions to said Courts ; 
 and that said committee report by ordinance or otherwise. 
 Mr. Ellison offered the following, which lies over one day : 
 Resolved, That on the day succeeding the adjournment of the 
 present session, all the officers and members of this Convention, 
 under the age of fifty years, not engaged in the regular military 
 service, will meet at the Capitol and organize themselves into a 
 company, and tender the same to the State for service during the 
 war, and that said Company arm and equip themselves at their 
 own expense. 
 
 On motion of Mr. Graham, the injunction of secrecy was 
 removed from the journal of proceedings, and all papers con- 
 sidered when the Convention sat with closed doors. 
 
 The Convention then proceeded to the business on the calendar. 
 The ordinance relating to the property of persons who have 
 abandoned and left the State ; 
 
 A resolution in regard to a postponement of all ordinances 
 proposing amendments to the Constitution ; 
 
 The resolution providing for the appointment of a committee 
 on amendments to the Constitution ; 
 
 The resolution in regard to the Minister of War ; 
 The resolution in regard to a Census of the State ; 
 
1861.] STATE CONVENTION. 9 
 
 The resolution declaring the sense of the Convention in rela- 
 tion to the rights of the States and the character of the gov- 
 ernment of the Confederate States ; 
 
 The ordinance regarding the regular sessions of the General 
 Assembly ; 
 
 The resolution concerning the disposition of the School Fund 
 during the AVar ; 
 
 Were severally ordered to lie on the table. 
 
 The resolution in regard to postal affairs ; 
 
 The resolution relating to the printing of matter not intended 
 to be made public ; 
 
 The resolution providing for additional clerks to the Military 
 Board ; 
 
 The resolution relating to the issue of Treasury notes ; 
 
 The resolution respecting the arming of troops ; 
 
 The ordinance concerning the employment of troops ; 
 
 The ordinance authorizing brevet commissions ; 
 
 The ordinance for the relief of the people ; 
 
 The ordinance providing for the raising of additional State 
 troops ; 
 
 The Resolution in regard to a modification of the Stay Lav* ; 
 
 And the Resolution authorizing the Public Treasurer to borrow 
 money, 
 
 Were severally, on motion, indefinitely postponed. 
 
 The Resolution proposing to amend the Constitution in relation 
 to appropriations for internal improvements and for other pur- 
 poses, vras read the second time, and on motion, referred to the 
 committee on Finance. * 
 
 The resolution relating to an increase of the pay of soldiers 
 was, on motion of Mr. Thomas of Jackson, recommitted to the 
 committee on Military Affairs, with instruction to inquire into 
 the propriety of the passage of an Act in relation thereto, by 
 the Confederate Conarress. 
 
 o 
 
 The Ordinance in relation to limiting the public debt being 
 un its second reading, 
 
 Mr. Barnes moved to postpone the further consideration of the 
 same until Friday next at 12 o'clock, and it was not agreed to. 
 
^^> 
 
 10 JOURNAL OF THE [2d Se?8Ion, 
 
 On motion of Mr. Thomas of Jackson, it was referred to the 
 committee on taxation, revenue and the public debt. 
 
 The President laid before the Convention a communication 
 from C. n. Brogden, Comptroller of Public Accounts, in re- 
 .•sponse to a resolution of the Convention, accompanied with a 
 tabular statement ehowing the amounts severally received from 
 the various subjects of taxation for the last five years. 
 
 On motion of Mr. Graham, it was ordered to lie on the table, 
 and ten copies of the tabular statement to be printed for each 
 member of the Convention. 
 
 Then, on motion of Mr. Graham, the Convention adjourned. 
 
 IN CONVENTION, Thursday, November 21, 1861. 
 
 The President took the chair and called the Convention to order. 
 
 The journal of yesterday was read and approved. 
 
 The President announced that the following gentlemen were 
 appointed to fill vacancies in the several committees named, caused 
 by resignation of members : 
 
 Committee on the subject of Taration — Messrs. Schenck, Cald- 
 well of Mecklenburg, and Holmes. 
 
 Military Affairs — Mr. Lyon. 
 
 Thirty-third section of Conatitntion — Mr. Atkinson. 
 
 On Eligihility of Clergymen to i<eatx in the Gt iirral Asarm- 
 lly — Mr. Caldwell of Rowan. 
 
 On Eligihility of Members of the General Assembly — Mr. Kelly. 
 
 On the Address setting forth the reason why the 6'tate of 
 North Carolina severed her Connection with the United States — 
 Messrs. Leak of Richmond, Strange and Howard. 
 
 Mr. Foster of Randolph presented a petition from sundry 
 citizens of Randolph County, touching the subject of the act of 
 the General Assembly, commonly known as the " Stay Law," 
 which, on his motion, was referred to a select committee. 
 
 On motion of Mr. Schenck, the President was authorized to 
 appoint a committee of one from each Congressional district, 
 upon the subject embraced in the petition just introduced. 
 
 r* 
 
1861.] STATE CONVENTION. 11 
 
 Mr. Johnston presented several petitions from Gaston County 
 on the same subject, which, on his motion, were referred to the 
 same committee. 
 
 Mr. Christian offered the following, which lies over one day : 
 I Resolved, That our Senators and Representatives of the Con- 
 ' federate Congress be requested to vote for an increase of the 
 J^'Aj of the common soldiers of the Confederate army. 
 
 Mr. Woodfin offered the following, which, the rules being sus- 
 pended, was agreed to : 
 
 Resolved, That a committee of five be appointed by the 
 
 President to inquire and report upon the supply of salt in this 
 
 State, and if found insufficient, that they inquire and report 
 
 ^ the best mode of relief, and that they report by ordinance or 
 
 otherwise. 
 
 Mr. Headcn offered the following, which lies over one day : 
 
 Resolved, That a committee of five be appointed to inquire 
 whether any, and if any, what laws or ordinances are necessary 
 and proper to be passed by this Convention for the purpose of 
 sequestrating, confiscating, or otherwise disposing of the pro- 
 perty of alien enemies, or of persons who have abandoned the 
 State and taken refuge among the enemies of the Confederate 
 States, giving them aid and comfort; that all propositions now 
 pending before the Convention in relation to this subject be 
 referred to said committee, and that said committee report by 
 ordinance or otherwise. 
 
 Mr. Carson offered the following, which lies over one day : 
 
 Resolved, That a committee, to consist of one member from 
 each Congressional District, be appointed, whose duty it shall 
 be to examine into the accounts, contracts and disbursements of 
 the several disbursing agents of this State, from the first of 
 April last up to the present time, and that said committee have 
 power to send for persons and papers, and to examine witnesses 
 under oath, and that said committee have power to employ such 
 clerical force as may be necessary, and make report of their 
 proceedings at the earliest practicable day. 
 
 The substitute presented yesterday by a committee, for the 
 resolution of Mr. Leak, of Richmond, in regard to adjourn- 
 ment, was taken up. 
 
12 JOURNAL OF THE [2d Sbssion-, 
 
 Mr. Foster, of Randolph, moved that it lie on the table. 
 
 On this motion the ayes and noes were ordered, on motion of 
 Mr. Biggs, and resulted in the affirmative, ayes 56, noes 43, as 
 follows : 
 
 Ayes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
 Batchelor, Berry, Bond, Bryson, Calloway, Cannon, Carson, 
 Christian, Dick, Douthitt, Eller, Ellison, Foster of Ashe, Foster 
 of Randolph, Gilmer, Gorrell, Graham, Green, Hamlin, Headen, 
 Hearne, Holden, Houston, Jones of Rowan, Joyce, Kittrell, 
 Mann, Manning, Meares, Mebane, Merritt, Mitchell, Myers, 
 Osborne, Patterson, Phifer, Rayner, Ruffin, Sanders, Satterth- 
 waite. Smith of Johnston, Smith of Macon, Sprouse, Spruill of 
 Tyi'rell, Thomas of Carteret, Thomas of Jackson, Turner, War- 
 ren, Washington, Wilson and Woodfin — 56. 
 
 Noes — Messrs. Atkinson, Battle of Edgecombe, Biggs, Bun- 
 ting, Cunningham, Darden, Dickson, Dillard, Durham, Edwards, 
 Fuller, Greenlee, Hargrove, Holmes, Howard, Johnston, Kelly, 
 Leak of Anson, Leak of Richmond, McDowell of Burke, 
 McDowell of Madison, McNeill of Cumberland, McNeill of Har- 
 nett, Miller, Moseley, Penland, Pettigrew, Rhodes, Royster, 
 Schenck, Setzer, Smith of Halifax, Strange. Strong, Suther- 
 land, Thompson, Thornton, Tracy, Walton, Ward, Williams, 
 Williamson and Wooten — 43. 
 
 Mr. Badger asked and obtained leave to introduce the ordi- 
 nance of which he gave notice on Tuesday, viz : An Ordinance 
 for suppressing oppressing specnlation upon the present ne- 
 cessities of the people, and for enabling the Governor to cause 
 provisions to be seized for public use ; which passed the first 
 reading, and was ordered to lie on the table and be printed. 
 
 On motion of Mr. Kittrell, this ordinance was made the 
 special ttrder of the day for to-morrow at 12 o'clock. 
 
 The business on the calendar was then taken up. 
 
 The ordinance to amend the Constitution in regard to calling 
 the ayes and noes in the General Assembly, passed the thi^d 
 reading and was ordered to be enrolled. 
 
 The resolution relating to free negroes was, on motion of Mr. 
 Sprouse, referred to the committee on the Bill of Rights. 
 
1861.1 STATE OONVENTION. 18 
 
 The resolution to reduce the pay of army officers was, on 
 motion of Mr. Biggs, referred to the committee on Military 
 Affairs. 
 
 The resolution in regard to the issue of Treasury notes, being 
 on its second reading, was, on motion nf Mr. Badger, inde- 
 finitely postponed. 
 
 The ordinance respecting test oaths, was read the second time. 
 
 Mr. Ellison moved to strike out the third section thereof. 
 
 Mr. Ruffin moved to refer to a select committee. 
 
 Mr. Ellison moved to postpone indefinitely. 
 
 On motion of Mr. Ruffin the galleries and lobbies were cleared, 
 %nd the Convention proceeded to sit with closed doors. 
 
 After some time spent in secret session, the doors were 
 opened, when Mr. Ellison withdrew his motion to indefinitely 
 postpone the subject last under consideration in the open ses- 
 sion, and the question recurring, on the motion of Mr. Ruffin, 
 to refer it to a select committee, was decided in the affirmative. 
 
 The President announced the following to constitute the com- 
 mittee, viz : Messrs. Biggs, Badger, Graham, Rayner and 
 Woodfin. 
 
 And then, on motion, the Convention adjourned. 
 
 IN CONVENTION, Friday, November 22, 1861. 
 
 The President took the chair and called the Convention to 
 order. 
 
 The journal of yesterday was read and approved. 
 
 T. B. Lyon, delegate elect from Granville County, to fill the 
 vacancy occasioned by the resignation of Hon. A. W. Venablo, 
 appeared, produced his credentials, and took his seat. 
 
 Mr. Woodfin offered the following, which lies over one day: 
 
 Mesolvedf That a committee of ten be appointed — one from 
 each Congressional District in the State — to take into considera- 
 tion the basis of representation in the Senate and House of 
 Commons of the State Legislature ; and that they report such 
 amendments to the Constitution as to give every section of the 
 
14 JOURNAL OF THE [2d Session, 
 
 State a just and equitable representation, having due regard to 
 population and taxation. 
 
 Mr. Schcnck offered the following, which lies over one day: 
 
 Resolved^ That the sixth article of the Constitution be so 
 amended as to strike out the land qualification for members of 
 the House of Commons, and insert a property qualification 
 according to value. 
 
 Mr. Thomas, of Jackson, offered the following, which lies 
 over one day : 
 
 Resolved, That, whereas, there remains in the State a small 
 remnant of the Cherokee tribe of Indians, under the guaran- 
 tees of the State, as expressed in the act of 1783, which guarr 
 antied the title of their lands, and under their ancient usages and 
 customs, the right to govern their own people, embracing the 
 portion of the State in which they now reside ; and, whereas, 
 under the subsequent treaty concluded with the tribe, by Gen. 
 Andrew Jackson, Commissioner on the part of the United 
 States, in the year 1817, article 8 ; treaty of 1819, article 2 ; 
 treaty of 1835, article 12; treaty of 1846, article 9; the United 
 States, as one of the considerations for the valuable concessions 
 of lands made for the benefit of this State under those treaties, 
 guarantied to those Indians the right to become citizens of the 
 United States, and of the State of North Carolina; and, 
 whereas, a question has arisen, growing out of the secession of 
 this State, as to the political condition of those Indians, and to 
 what government they owe allegiance ; whether under the treaty 
 it be due to the United States government, or whether, under 
 the act of secession it be due as citizens of the State to the 
 government of the State, and under the Constitution of the 
 Confederate States, article 1, to the Confederate States of 
 America. For the purpose of ascertaining the facts and making 
 such amendments to the Constitution and laws of the State as 
 may be deemed necessary for the preservation of good faith on 
 the part of the State, and at the same time justify those Indians, 
 agreeably to the laws of nations, in taking up arms in defense 
 of the rights of the States against her enemies, the President 
 be authorized to appoint a select committee of one member 
 
1861.] STATE CONVENTION. 15 
 
 from each Congressional District to inquire into and report 
 such ordinance or ordinances as may be deemed necessary to 
 accomplish those objects. 
 
 Mr. Jones, of Rowan, offered the following, which lies over 
 one day : 
 
 Resolved^ That we, the Delegates of the people of North 
 Carolina, in Convention assembled, entertain an undiminished 
 confidence in the justice of the cause for which we have taken 
 up arms, and we hold it to be the duty of the people of these 
 Southern States to maintain and uphold that cause with all the 
 means they can command : 
 
 That in behalf of the people of North Carolina, we declare to 
 our sister States of this Confederacy, and to the world, that no 
 measure of loss — no sacrifice of life or property ; no privation, 
 or want, or suffering, shall cause us to shrink from the perform- 
 ance of our whole duty in the achievement of our independence : 
 
 That from the cruel and barbarous manner in which our ene- 
 mies have carried on this war ; — a war in which aged and 
 dignified men, and helpless women, have been seized, and with- 
 out accusation or warrant of authority, cast into prison ; — in 
 which private property has been wantonly destroyed ; — in which 
 robbery and arson are principal means of aggression ; and in 
 which servile insurrection has been proclaimed, we are convinced 
 there is a "social incompatibility" between such a people and 
 ourselves ; that from them "our separation is final, and for the 
 independence we have asserted, we will accept no alternative." 
 
 Resolved^ That we have full confidence in the wisdom, inte- 
 grity and patriotism of the President of the Confederate States, 
 and we congratulate him and our whole country upon the success 
 with which he has administered the government. 
 
 That to the ofiiccrs and soldiers who have gone forth to meet 
 the dangers of this war, we are under a deep debt of gratitude 
 for the valor and fortitude with which they have defended us 
 from the assaults of our enemies and illustrated the glory of our 
 arms. 
 
 Resolved, That a copy of these resolutions be sent to our 
 Representatives in Congress, with a request that they be com- 
 27 'V 
 
16 JOURNAL OF THE [2d Session, 
 
 municated to His Excellency, the President of the Confederate 
 States, and to Congress. 
 
 Mr. Schenck moved to suspend the rules so that said Re- 
 solutions be now considered, and it -vvas not agreed to. 
 
 Mr. Graham offered the following, which, the rules being 
 suspended, was now considered : 
 
 Resolved, That committees be appointed, to whom shall be 
 made the references folloAving, to-wit : 
 
 1st. A committee of members, to be styled the Legis- 
 lative Committee, to whom shall be referred all such parts of 
 the Constitution of the State as relate to the legislative depart- 
 ment of the government ; the apportionment and election of its 
 members ; its powers and restrictions thereon ; the rules of its 
 proceedings, &c., and that all propositions of amendment in this 
 department be referred to said committee. 
 
 2d. A committee of members, to be styled the Executive 
 
 Committee, to whom shall be referred all such parts of the Con- 
 stitution as relate to the Executive Department, includmg those 
 which relate to the offices of Secretary of State and Treasurer ; 
 and that all propositions of amendment be referred to said 
 committee. 
 
 3d. A committee of members, to be styled the Judiciary 
 
 Committee, to whom shall be referred all such parts of the Con- 
 stitution as relate to the Jiidicial Department, including the 
 appointment, removal and compensation of Judges, and likewise 
 such parts as relate to the office of Attorney General, the 
 exemption of honest debtors from imprisonment, bail to prison- 
 ers, and that all propositions of amendment in these several 
 particulars be referred to said committee. 
 
 4th. That so much of said Constitution as relates to Justices 
 of the Peace, be referred to the committee on Justices. 
 
 5th. That as much thereof as relates to the modes of amend- 
 ing the Constitution, be referred to a select committee. 
 
 6th. That so much thereof as relates to the condition and 
 rights of foreigners in this State ; to schools and universities, 
 and to other subjects not embraced within the foregoing Reso- 
 lutions, be referred to a select committee ; 
 
1861.] STATE CONVENTION. 17 
 
 And that said several committees have leave to report by 
 Ordinance to this Convention. 
 
 On motion of Mr. Thomas, of Jackson, the several blanks in 
 the foregoing resolutions were filled with the word?, "tfn, one 
 from each Congressional District." 
 
 The resolution, as amended, was then agreed to, ayes 5<). 
 noes 31, and were ordered to be printed. 
 
 Mr. Smith, of Macon, introduced an ordinance to repeal the 
 14th chapter of the acts of the second special session of the 
 General Assembly, entitled "an act to alter the rules of evi- 
 dence as applicable to Indians," which passed its first reading 
 and was ordered to be printed. 
 
 Mr. Headen introduced " an ordinance to add a section to 
 the Constitution of the State,*^ which passed its first reading 
 and was ordered to be printed. 
 
 The resolution oflfered by Mr. Headen, on yesterday, in rela- 
 tion to the property of aliens, was then taken up, and, on 
 motion of Mr. Badger, ordered to lie on the table. 
 
 Mr. Leak, of Kichmond, offered the following, which Avas 
 agreed to : 
 
 Resolvedy That the employees of the Raleigh Register ofiicc 
 be relieved from militia drill during the sitting of the Conven- 
 tion, in order to enable the printer to do the printing of the 
 Convention. 
 
 Mr. Meares offered the following, which was agreed to : 
 
 Resolved^ That the ladies of Raleigh shall have the use of 
 the Hall of the House of Commons, on Tuesday next, from 
 and after one o'clock. 
 
 The order of the day, being the ordinance heretofore intro- 
 duced by Mr. Badger, to suppress speculation, &c., w\as then 
 taken up. 
 
 Mr. Badger oftered the following amendment: Insert in the 
 first section, after the words "necessitous persons," in line 12, 
 the following : " And whosoever, having in his hands or under 
 his control any of the before-mentioned articles, not intended 
 for his own use or that of his family and dependents, or for 
 some such charitable use as aforesaid, shall refuse to sell the 
 
18 JOURNAL OF THE [2d Session, 
 
 same to, or shall ask or demand therefor, unreasonable prices, 
 from any person or persons desiring to purchase for their own 
 personal use or for that of their families or dependents, or for 
 such charitable use as aforesaid." 
 
 Mr. RuflSn moved to amend the amendment by inserting after 
 the word "control," in the second line, the words, "by the 
 means aforesaid," on which the ayes and noes ordered. 
 
 Messrs. Leak, of Richmond, and Badger gave notice of 
 amendments they would offer at the proper time, which were 
 read for information, and ordered to be printed. 
 
 Pending the consideration of the subject, the Convention 
 adjourned. 
 
 IN CONVENTION, Saturday, November 23, 1861. 
 
 The President took the Chair and called the Convention to 
 order. 
 
 The. journal of yesterday was read and approved. 
 
 Mr. Turner presented a petition from citizens of Moore 
 County on the subject of the Stay Law passed by the General 
 Assembly, which, on his motion, was referred to the committee 
 on that subject. 
 
 Mr. Rafiin presented a petition from citizens of Alamance 
 County on the same subject, which, on his motion, was referred 
 to the same committee. 
 
 Mr. Satterthwaite offered the following, which lies over one 
 day: 
 
 Whereas, A tax of fifty cents on every hundred dollars 
 worth of property in North Carolina has been laid by the Con- 
 federate Government, to be paid in specie, or in Treasury notes 
 of the Confederate Government ; and whereas, the present 
 financial embarrassment and general depreciation in the price of 
 productions of the country renders it almost certain that the 
 people will not be able to make said payments in the manner 
 and at the time required without producing serious pecuniary 
 distress ; be it, therefore, 
 
1861.] STVVTE CONVENTION. 19 
 
 Resolved, That a committee of five be appointed by the Pre- 
 sident, whose duty it shall be to inquire into the propriety and 
 practicability of this Convention providing for the payment of 
 said tax, so as to afford some relief to the people ; and that 
 they report by ordinance or otherwise. 
 
 Mr. Thomas, of Jackson, offered an ordinance to enlarge the 
 powers of Justices of the Peace, which passed the first readintj-. 
 
 Mr. Biggs, from the committee to whom was referred an 
 *' Ordinance respecting Oaths,"' made a report thereon, accom- 
 panied with a substitute therefor, recommending its passage ; 
 which report and ordinance, on motion of Mr. Gorrell, were 
 ordered to lie on the table and be printed. 
 
 Mr. Thomas, of Jackson, offered the following, which lies over 
 one day: 
 
 Resolved, That a committee of five members be appointed by 
 the President to take into consideration, all repeals of, or amend- 
 ments to, the Ats of the General Assembly, and that it be their 
 duty to report thereon to the Convention. 
 
 Mr. Pettigrew introduced an Ordinance in relation to the 
 appointment and commissioning of militia officers, which passed 
 its first reading and was ordered to be printed. 
 
 The Resolution introduced yesterday by Mr. Carson, was then 
 taken up, amended, on motion of Mr. Graham, by providinn- 
 that the committee proposed to be raised should consist of five 
 members instead oi^ten, and was then agreed to. 
 
 Mr. Meares offered the following Resolution, which passed its 
 first reading : 
 
 Resolved, That the Governor be, and he is hereby authorized 
 to transfer to Col. AV. J. Green's Independent Regiment of 
 North Carolina Volunteers, such military companies as have 
 been accepted and not assigned to any other regiments. 
 
 The rules were suspended and the Resolution read the second 
 time. 
 
 Mr. Howard moved to amend the same as follows: *' Provided 
 that no member of a company shall be required to join said 
 service without his consent," which was agreed to. 
 
 Mr. Graham moved to add to the amendment just adopted the 
 words, "given in writing," which was also agreed to. 
 
20 JOURNAL OF THE [2d Session, 
 
 Mr. Ferebee moved to postpone the further consideration of 
 the subject until Monday next, which was not agreed to. 
 
 The Resolution then passed the second reading and was read 
 the third time. 
 
 Mr. Ruffin moved to insert after the word, "Governor," the 
 words, " if he shall deem it proper," which was agreed to. 
 
 Mr. Howard moved to strike out the words inserted on his 
 motion on the second reading, and it was not agreed to. 
 
 The Resolution then passed the third reading and was ordered 
 to be enrolled. 
 
 The Ordinance to suppress speculation, &c., was taken up. 
 
 Mr. Howard gave notice of certain amendments which he 
 would offer at the proper time, which were read for information 
 and ordered to be printed. 
 
 The further consideration of the subject was then postponed 
 until Monday at 12 o'clock. 
 
 On motion of Mr. Rayner, the ordinance heretofore intro- 
 duced by him, to provide for the immediate wants of the 
 Treasury, was made the special order for Tuesday next, at 12 
 clock. 
 
 Then, on motion of Mr. Green, the Convention adjourned 
 until Monday. 
 
 ■ '' IN CONVENTION, Monday, November 26, 1861. 
 
 The President took the chair and called the Convention to 
 order. Prayer by Rev. Joseph M. Atkinson, of the Presby- 
 terian Church, 
 
 The journal of Saturday was read and approved. 
 
 The President announced the following committees : 
 
 On the Legislative Department — Messrs. Graham, Rayner, 
 Smith of llalifiix, Strong, Mearcs, Brown, Foster of Randolph, 
 Caldwell of Rowan, McDowell of Burke, and Woodfin. 
 
 On the Executive Department — Messrs. Howard, Dillard, 
 Green, Leak of Richmond, Arrington, Gilmer, Headen, Miller, 
 Calloway and Greenlee. 
 
1861.] STATE CONVENTION. 21 
 
 O71 the Judical Department — Messrs. Ruffin, Biggs, Battle 
 of Edgecombe, Sanders, Strange, Mitchell, Badger, Kittrell, 
 Johnston and McDowell of Madison. 
 
 On the modes of amending the Constitution — Messrs. Osborne, 
 Barnes, Warren, Thompson, McNeill of Cumberland, Holden, 
 Cunningham, Leak of Anson, Phifer, Armfield and Smith of 
 Macon. 
 
 On the Stay Law — Messrs. Schenck, Walton, Ellison, Ward, 
 Holmes, Royster, Mebane, Turner, Jones of Caldwell and 
 Thomas of Jackson. 
 
 On Foreigners^ Schools, ^e. — Messrs. Pettigrew, Gorrell, 
 Bunting, Thornton and Patterson. 
 
 On Army Contracts — Messrs. Satterthwaite, Carson, Dick- 
 son, Jones of Rowan and Setzer. 
 
 On pay7nent of the Confederate Tax — Messrs. Satterthwaite, 
 Dick, Hargrove, Ferebec and Long. 
 
 Mr. Ferebee offered the following : 
 
 Resolved, That the Governor be authorized and requested to 
 accept the services of four additional companies of twelve 
 months volunteers, and to offer the same to be attached to the 
 six companies now stationed near Portsmouth, Virginia, and 
 commanded by Lt, Col. William T. Williams. 
 
 Resolved, That the companies of said regiment be entitled 
 to the same bounty and pay as are provided in an act of the 
 General Assembly, entitled " an act to provide for the public 
 defense," ratified on the tenth day of May, 1860. 
 
 The resolutions were, on motion, referred to the committee on 
 military affairs. 
 
 Mr. Osborne offered the following, which lies over one day : 
 
 Resolved, That the committee on military affairs be instructed 
 to enquire into the expediency of exempting from military duty, 
 all operatives now engaged in the various factories of this State, 
 employed in furnishing manufactured articles for the State or 
 Cenfederate government. 
 
 Mr. Manning introduced an ordinance providing for an ex- 
 change of bonds and for other purposes, which passed its first 
 reading and was, on motion, referred to the committee on the 
 Coalfields connection. 
 
22 JOURNAL OF THE [2d Session, 
 
 On motion of Mr. Manning, the President was authorized to 
 appoint two additional members on said committee. 
 
 On motion of Mr. Headen, the various subjects reported on 
 at the last session by said committee were recommitted to the 
 committee on the Coalfields connection. 
 
 Mr. Gorrell introduced an ordinance concerning the Superior 
 Courts of Law, and the Supreme Court, which passed its first 
 reading and was, on motion, referred to the committee on Judi- 
 cial questions. 
 
 The resolution of Mr. Satterthwaite in relation to the Con- 
 federate Tax was then taken up and agreed to, and the Presi- 
 dent announced the committee, the list of which is to be found 
 in a preceding part of this day's journal. 
 
 On motion of Mr. Ruffin, the resolution introduced during the 
 last session, relating to appropriations, was referred to the Leg- 
 islative committee. 
 
 On motion of Mr. Ellison, the committee on certain sections 
 of the Bill of Rights were discharged from the further consid- 
 eration of the subject, and the same was referred to the Legis- 
 lative committee. ^ 
 
 The ordinance to add another section to the Constitution was, 
 on motion of Mr. Headen, referred to the same committee. 
 
 The resolution in relation to reprieves, pardons, &c., was, on 
 motion, referred to the Executive committee. 
 
 The resolution proposing a reduction in the number of the 
 members of the General Assembly, and a classification of Sena- 
 tors, was, on motion^ referred to the Legislative committee. 
 
 The ordinance concerning the appointment and commission- 
 ing of militia ofiicers, was read the second time, and on motion^ 
 referred to the committee on Military Afiairs. 
 
 The ordinance to enlarge the powers of Justices of the Peace 
 was read the second time, and, on motion, referred to the com- 
 mittee on Justices of the Peace. 
 
 The Resolutions of confidence in the justice of our cause, 
 and the patriotism and integrity of the administration were 
 then adopted unanimously, on a call of the ayes and noes, 
 ordered on motion of Mr. Satterthwaite, as follows : 
 
1861.] STATE CONVENTION. ' 23 
 
 Ayes — Messrs. Allison, Armfield, Arrington, Atkinson, 
 Barnes, Batchelor, Battle of Edgecombe, Battle of Wake, 
 Berry, Biggs, Bond, Brown, Bryson, Bunting, Calloway, Can- 
 non, Carson, Cunningham, Darden, Dick, Dickson, Dillard, 
 Douthitt, Durham, Edwards, Eller, Ellison, Ferebee, Fuller, 
 Gilmer, Gorrell, Graham, Green, Greenlee, Hargrove, Ileaden, 
 Hearne, Hicks, Holden, Houston, Johnston, Jones of Caldwell, 
 Jones of Rowan, Joyce, Kelly, Leak of Anson, Leak of Rich- 
 mond, Long, Lyon, Mann, Manning, McDoAvell of Burke, 
 McDowell of Madison, McNeill of Cumberland, McNeill of 
 Harnett, Mearcs, Mebane, Merritt, Miller, Mitchell, Moseley, 
 Myers, psborne, Patterson, Penland, Pettigrew, Phifcr, Rayner, 
 Rhodes, Royster, Ruffin, Sanders, Satterthwaite, Schenck, 
 Setzer, Smith of Halifax, Smith of Johnston, Smith of Macon, 
 Sprouse, Spruill of Tyrrell, Strange, Strong, Sutherland, 
 Thomas of Carteret, Thomas of Jackson, Thornton, Turner, 
 Walton, Ward, Warren, Whitford, Williams, Williamson, Wilson, 
 Woodfin and Wooten — 93. 
 
 The ordinance relating to eligibility of members of the Gene- 
 ral Assembly, was, on motion, referred to the Legislative com- 
 mittee. 
 
 The ordinance declaring the political status of citizens of the 
 State holding office under the government of the United States, 
 was, on motion, referred to a select committee. 
 
 The ordinance relating to the eligibility of preachers of the 
 gospel to seats in the General Assembly, was, on motion, refer- 
 red to the Legislative committee. 
 
 The resolution in regard to certain lands in Haywood County, 
 owned or claimed by alien enemies, was, on motion of Mr. 
 Strong, referredlo a select committee. 
 
 The ordinance to repeal the 14th chapter of the acts of the,__ 
 V General Assembly, passed at its pecond special . sesaion, was 
 Vhen read the second time. S*^^"*-^ ^ u---^^ K.-^-fe- 
 
 Pending the consideration thereof, the hour arrived for the 
 consideration of tlie special order, being the ordinance to sup- 
 press speculation, when, on motion of Mr. Badger, the same 
 28 
 
24 JOURNAL OF THE [2d Session, 
 
 was postponed to allow the Convention to dispose of the pend- 
 ing subject. 
 
 Mr. Thomas, of Jackson, moved to refer the ordinance to a 
 select committee, which was not agreed to. 
 
 Mr. Biggs moved that the subject lie on the table, on which 
 motion the ayes and noes were ordered, and resulted in the 
 negative, ayes 32, noes GQ, as follows : 
 
 Ayes — Messrs. Battle of Edgecombe, Biggs, Brown, Bimt-_ 
 ing, Darden, Dickson, Dillard, Durham, Edwards, Fuller, Green, 
 Johnston, Jones of RoAvan, Kelly, McDowell of Burke, McNeill 
 of Cumberland, Moseley, Patterson, Penland, Pettigrew, Phifer, 
 Rayner, Rhodes, Strange, Strong, Sutherland, Thornton, 
 Turner, Ward, Williamson, Woodfin and Wooten — 32. 
 
 Noes — Messrs. Allison, Armfield, Arrington, Atkinson, Bad- 
 ger, Barnes, Batchelor, Battle of Wake, Berry, Bond, Bryson, 
 Calloway, Cannon, Carson, Cunningham, Dick, Douthitt, Eller, 
 Ellison, Ferebee, Foster of Ashe, Gilmer, Gorrell, Graham, 
 Greenlee, Hargrove, Headen, Hearne, Hicks, Holden, Hous- 
 ton, Jones of Caldwell, Joyce, Kittiell, Leak of Anson, Leak 
 of Richmond, Long, Lyon, Mann, Manning, McDowell of 
 Madison, Meares, Mebane, Merritt, Miller, Mitchell, Myers, 
 Osborne, Royster, Ruflfin, Sanders, Satterthwaite, Schenck, 
 Setzer, Smith of Halifax, Smith of Johnston, Smith of Macon, 
 Sprouse, Spruill of Tyrrell, Thomas of Carteret, Thomas of 
 Jackson, Walton, Warren, Whitford, Williams and Wilson — 66. 
 After some further discussion, Mr. Biggs moved to proceed 
 to the orders of the day, which Avas not agreed to. 
 
 Mr. Thomas, of Jackson, moved that the Convention adjourn, 
 which was not agreed to. 
 
 The ordinance then passed the second reading. 
 On motion of Mr. Badger, the rules were suspended, and the 
 ordinance passed the third reading, and was ordered to be 
 enrolled. 
 
 A message was received from his Excellency the Governor, 
 through the hands of Pulaski Cowper, Esq., his Private Secre- 
 tay, which, on motion, was referred to the committee on the 
 immediate wants of the Treasury. 
 
1861.] STATE CONVENTION. 25 
 
 On motion of Mr. Badger, the ordinance on the subject of 
 finances, which had been made the special order for to-morrow 
 at 12 o'clock, was made the order for half-past 10 o'clock, A. M. 
 
 On motion of Mr. Ferebee, the Convention adjourned. 
 
 IN CONVENTION, Tuesday, November 26, 1861. 
 
 The President took thq Chair and called the Convention to 
 order. Prayer' by Rdv. Henry Ilardie, of the Presbyterian 
 Church. 
 
 The journal of yesterday was read and amended. 
 
 The President announced the following committees: 
 
 On the political status of citizens of this State who hold office 
 under the United States — Messrs. Rayncr, Battle of Wake, 
 Williamson, Osborne and Batchelor. 
 
 On Resolutions relating to a, change in the Bill of Rights — 
 Messrs. Ellison, Badger, Holmes, Ruffin and Dick. 
 
 On lands in Haywood County belonging to alien enemies — 
 Messrs. Strong, Hicks, Fuller, Headen, Wilson. 
 
 On Coalfields Road {additional) — Messrs. Gilmer aud Barnes. 
 ;;:,■ On motion of Mr. Biggs, the Secretary was instructed to 
 have printed a list of the committees of this body. 
 
 Mr. Ferebee offered the following, which lies over one day : 
 
 Resolved^ That the committee on the condition and rights of 
 foreigners in this State, be instructed to report an ordinance, 
 declaring- — 
 
 1st. That no. one who shall become a citizen of the Confede- 
 rate States of America, after the' close of the existing war, shall 
 be entitled to vote until he has been a resident thereof for 
 twenty-one years. 
 
 2d. That no such person shall be eligible to a seat in either 
 branch of the General Assembly, to the office of Governor, or 
 Judge of the Superior or Supreme Court. 
 
 The hour having arrived for taking up the special order of 
 the day, the same was, oh motion of Mr. Ruffin, postponed until 
 to-morrow at half-past 10 o'clock. 
 
26 JOURNAL aF THE [2d Session, 
 
 Mr. Graham offered the following : 
 
 Resolved, That the committee on the Judiciary be instructed 
 to inquire into the expediency of providing for separate courts 
 of justice in all cities and towns having more than two thousand 
 inhabitants. 
 
 On his motion the rules were suspended and the resolution 
 was agreed to. 
 
 The ordinance to amend the 6th section of the Constitution, 
 was, on motion of Mr. Schenck, referred to the Legislative 
 committee. 
 
 The ordinance to amend the 13th section of the Constitution 
 Avas, on motion of Mr. Smith, of Johnston, referred to the 
 Judicial committee. 
 
 The resolution of Mr. Ellison, relating to a volunteer com- 
 pany to be composed of the oflacers and members of the Con- 
 vention, was, on motion, ordered to lie on the table. 
 
 The ordinance heretofore offered by Mr. Badger, to suppress 
 speculation, &c,, was taken up for consideration, the pending 
 question being on the amendment offered by Mr. Ruffin to an 
 amendment proposed by Mr. Badger, on which the ayes and noes 
 had been ordered, and were now taken, and resulted in the 
 affirmative, ayes 83, noes 17, as follows : 
 
 Ayes — Messrs. Allison, Arrington, Atkinson, Barnes, Batche- 
 lor, Battle of Edgecombe, Battle of Wake, Berry, Biggs, Bond, 
 Brodnax, Brown, Bryson, Bunting, Calloway, Cannon, Cunning- 
 ham, Darden, Dick, Dickson, Dillard, Douthitt, Durham, Ed- 
 wards, Eller, Ellison, Ferebee, Foster of Ashe, Foy, Fuller, 
 Gilmer, Gorrell, Graham, Hargrove, Headen, Hicks, Houston, 
 Johnston, Jones of Caldwell, Jones of Rowan, Joyce, Kittrell, 
 Leak of Anson, Leak of Richmond, Long, Lyon, Mann, Mc- 
 Dowell of Burke, McDowell of Madison, McNeill of Cumberland, 
 Meares, Mebane, Merritt, Miller, Moseley, Myers, Osborne, 
 Pettigrew, Phifer, Rhodes, Royster, Ruffin, Sanders, Satter- 
 thwaite, Schenck, Setzer, Shipp, Smith of Halifax, Smith of 
 Macon, Sprouse, Strong, Sutherland, Thornton, Turner, Wal- 
 ton, Ward, Warren, Washington, Williams, Williamson, Wilson, 
 Woodfin and Wooten— 83. 
 
1861.] STATE CONVENTION. 2T 
 
 Noes — Messrs. Armfield, Badger, Carson, Green, Greenlee, 
 Hearne, Holden, Kelly, Moody, Patterson, Pcnland, Rayner, 
 Smith of Johnston, Spruill of Tyrrell, Strange, Thomas of 
 Cateret, and Whitford — 17. 
 
 The question being then upon the amendment as amended, it 
 was agreed to. 
 
 Mr. Badger now moved to amend as follows : Insert at the 
 end of the 10th line, after the word, " consumption,*' the words, 
 "or for sale at reasonable prices," which was agreed to. 
 
 Mr. Batchelor moved to amend by striking out the word, 
 "prices," in the 8th line, and inserting the word, " profits," 
 
 Pending the consideration of which the hour arrived, when, 
 according to a resolution previously agreed to, the Convention 
 adjourned. 
 
 IN CONVENTION, Wednesday, November 27, 1861. 
 
 The Convention met, the President in the Chair. Prayer by 
 Rev. Joel W. Tucker, of the M. E. Church, South. 
 
 The journal of yesterday was read and approved. 
 
 Mr. Jones, of Caldwell, presented a petition from sundry citi- 
 zens of Caldwell County, praying relief from the operations of 
 the Stay Law, by a repeal of the same, which was read and 
 referred to the committee on that subject. 
 
 Mr. Sanders offered the following, which lies over one day : 
 
 Resolved, That from and after to-morrow, this Convention 
 will meet daily at 10 o'clock, a. m., and adjourn at 2, p. m., 
 re-assemble at 4 o'clock and adjourn at its discretion. 
 
 Mr. Warren offered the following : 
 
 Resolved, That the Constitution ought to be amended by 
 striking out the whole of the second clause of section 1, of the 
 4th article of the amendments to the Constitution, which' on his 
 motion was referred to the committee on the mode of amending 
 the Constitution. 
 
 Mr. Warren also offered the following, which lies over one day : 
 
28 , JOURNAL OF THE [2d Session, 
 
 '^Resolved, That the Adjutant General be requested to inform 
 this Convention, -whether the company officers of the troops in 
 the service of the State, have, through their commanding officers, 
 reported to him, as required by the 2d section of an Act entitled 
 "An Act concerning future requisitions of troops," ratified on 
 the 12th day of September, 1861, and if so, to furnish to the 
 Convention a statement of the number of troops, rank and file, 
 in service from North Carolina, the names and residences of all 
 regimental and field officers, and the number of troops from each 
 county in the State, whether the companies to which they belong 
 were formed in the county or not. 
 
 The resolution heretofore introduced by Mr. Williams in regard 
 to enslaving free negroes was then read, and, on his motion, 
 referred to a select committee. 
 
 The resolution heretofore introduced by Mr. Woodfin, in 
 regard to the basis of representation, was referred to the Legis- 
 lative committee. 
 
 Mr. Woodfin, from the committee on the supply of Salt, 
 made a report, accompanied by an ordinance on the subject, 
 which passed the first reading, and, together with the report, 
 was ordered to lie on the table and be printed. 
 
 Mr. Washington gave notice of an amendment which he would 
 offer at the proper time, which was ordered to be printed also. 
 
 On motion of Mr. Gilmer, the ordinance to amend the Con- 
 stitution, so as to provide for annual sessions of the General 
 Assembly, was taken up, and referred to the Legislative com- 
 mittee. 
 
 Mr. Ruffin, from the committee on the wants of the Treasury, 
 reported a substitute for the ordinance referred to the commit- 
 tee, which, with a communication from the Governor on the 
 subject, was ordered to be printed. 
 
 On motion of Mr. Ruffin, the said ordinance was made the 
 special order for to-morrow at 11 o'clock. 
 
 The unfinished business of yesterday, the ordinance to sup- 
 press speculation, was then taken up, the question being on Mr. 
 Batchelor's amendment to substitute "profits" for "prices." 
 
1861.] STATE CONVENTION. 29 
 
 On this question the ayes and noes were ordered, on motion 
 of Mr. Green, and resulted in the negative, ayes 30, noes 71, 
 as follows: 
 
 Ayes — Messrs. Atkinson, Batchelor, Battle of Edgecombe, 
 Battle of Wake, Brown, Bunting, Darden, Dickson, Dillard, 
 Durham, Foster of Ashe, Fuller, Greenlee, Hicks, Howard, 
 Johnston, McNeill of Cumberland, McNeill of Harnett, Moody, 
 Moseley, Myers, Patterson, Schenck, Setzer, Smith of Halifax, 
 Strong, Sutherland, Ward, AVilliamson and Wooten — 30. 
 
 Noes — Messrs. Allison, Armfield, Arrington, Badger, Barnes, 
 Berry, Biggs, Bond, Brodnax, Bryson, Caldwell of Rowan, Cal- 
 loway, Cannon, Carson, Cunningham, Dick, Douthitt, Edwards, 
 Eller, Ellison, Ferebce, Foy, Gilmer, Gorrell, Graham, Green, 
 Hargrove, Headen, Hearne, Holden, Holmes, Jones of Rowan, 
 Joyce, Kelly, Leak of Anson, Leak of Richmond, Long, Lyon, 
 Mann, Manning, McDowell of Burke, McDowell of Madison, 
 Meares, Mebane, Mcrritt, Miller, Osborne, Peuland, Pcttigrew, 
 Phifer, Rayner, Rhodes, Royster, Ruffin, Sanders, Shipp, Smith 
 of Johnston, Smith of Macon, Sprouse, Spruill of Tyrrell, 
 Strange, Thomas of Carteret, Thompson, Thornton, Walton, 
 Warren, Washington, Whitford, Williams, Wilson and Wood- 
 fin— 71. 
 
 Mr. Leak, of Richnlond, gave notice of an amendment which 
 he would propose at the proper time. 
 
 Mr. Barnes moved to amend by inserting after the word, 
 " means," in the third line, the words, " except by producing," 
 which was agreed to. 
 
 ■ Mr. Barnes also moved to amend by striking out all between 
 the word, "be," in the 27th line, and the word, "and" in the 
 29th line, and insert the words, " punished by the Court as for 
 a misdemeanor," which was agreed to. 
 
 Mr. Mebane moved to amend by striking out all after the 
 word, "grain," in the 5th line, down to the word, "fish," in the 
 6th line ; not agreed to. 
 
 He also moved to strike out the words, " other dead victual," 
 in the Gth line, which was not agreed to. 
 
 Mr. Ruffin moved to strike out the word, " cheese," in the 
 5th line, which was not aitrccd to. 
 
?* 
 
 I 
 
 30 JOURNAL OF THE [2d SESSioiSf 
 
 Mr. Smith, of Johnston, moved to insert after the word, 
 " prices," in the 8th line, the words, "or to convert the same, 
 or any part thereof, into distilled spirits," but after some dis- 
 cussion thereon, he withdrew the amendment. 
 
 Mr. Leak, of Richmond, offered the following amendment : 
 Strike out all after the enacting clause, ,and insert — 
 
 " 1. That whenever the Governor of this State shall Suspect 
 that any individual or company of individuals hold any quantity 
 of salt for the purpose of extorting from the necessities of the 
 people, or upon the necessities of the State or the Confederate 
 Government, it shall be his duty to seize the same by his consti- 
 tuted Agent or Agents for the purposes hereinafter indicated. 
 
 2. Upon the seizure of the salt as aforesaid^ by the agent or 
 agents aforesaid, the Governor shall choose one freeholder of the 
 city, town, or county, where the seizure was riaade, and the indi- 
 viduals or company , of in^dividuals, owning or holding said 
 property, may elect also one, freeholder, in no way interested in 
 said salt, or connected with aitiy one* who is interested therein, 
 and the persons thus chosen shall appoint a third freeholder, in 
 like manner disinterested : But if the pai-ty owning or holding 
 said property, shall decline to selccta freeholder - for the space 
 of twenty-four hours, then the Governor siaall choose two free- 
 holders, who shall elect -a tliird, who shall be in no way interested 
 in said salt, or connected witli any one interested therein. 
 
 It shall be the duty of the freeholders thus chosen by the 
 parties. in the first instance, or by the mode. pointed out in the 
 second instance, after being duly sworn faithfully to pelrform the 
 duties now imposed, to ascertain as nearly as they can, under all 
 the circumstances, , what is a fair and reasonable price to be 
 demanded, either by the bushel or by the sack, as the case may 
 be, by the owner or owjiers, holder or holders, aforesaid ; and 
 the freeholdei's, aforesaid, therejapon, with as little delay as prac- 
 ticable, shall report their action- in the premises to the Governor, 
 and give to the owner or OAvners, or thelr-agonty a eeriificate of 
 said valuation. 
 
 If, thereafter, the owner or owners, or their agents, shall 
 refuse to sell said property at the valuation affixed by the free- 
 holders, on first being presented by the freeholders aforesaid, 
 
iMii.i STATE cokvk:stiok. Bi 
 
 with a draft drawn by the Governor aforesdid, upon the Treas- 
 urer of the State of North Carolina, which draft the Governor 
 is authorized to give, and the Treasurer to pay, the salt so seizeci 
 shall be retained by the freeholders and be subject to the fol- 
 lowing disposition by the Executive : That is to say, the salt so 
 seized or purchased by the Governor, under this ordinance, 
 shall be 1)V him distributed at such points as he shall deem best, 
 and sold for cash to consumers only, (by agents appointed by 
 him,.) at such prices as will cover the costs, including interest, 
 transportation and commissions. 
 
 The verdict of the jury aforesaid, shall oe final and subject 
 to no appeal, and shouhl they increase the assessment made by 
 the fr^-eholders in 'the" first instance, then the county in which 
 the seizure was made, shall pay all costs, including a tax fee of 
 twenty dtdlars to complainant's attorney; but, if there be no 
 red^iction of the valuation, then the complainant shall pay all 
 costs, inclmling a tax fee of twenty dollars to the counsel 
 employ^jd by the Governor, for Avhich the court shall sue out its 
 execution. Th^ increased valuation shall bear interest from the 
 time of seizure up to the time of its presentation for payment 
 at the Treasury, when, sliould its payment be refused by the 
 Treasurer, upon the presentation of the Governor's draft by 
 the owner^ or b}^ his or their agent, then the pa'rty or parties 
 interested, shall be entitled to interest at tlie rate of six per 
 cent, per annum, until payment shall be made ; but, if the partv 
 shall refuse to receive payment in Treasury notes of the Con- 
 federate States, or in current notes of this State, then he shall 
 not be entitled to interest. The Governor is hereby authorized 
 to employ counsel for the State in all cases arising under this ordi- 
 nance, and for their compensation, to draw upon the Treasurer 
 for its payment, and also for an}' expenses the State may incur 
 by the enforcement of this ordinance. 
 
 And be it further orJained^ That that this ordinance shall 
 be in force during the present war only, and until all seizures 
 and purchases made under it shall be disposed of, as before 
 indicated, and may be repealed or modified- by the General 
 Assembly." 
 
 And then, on motion, the Convention adjourned. 
 29 
 
dS JOUllKAti OF THE [ScBessio!?, 
 
 ■ IN CONVENTION, Thursday, November 28, 1861. 
 
 The President took the Chair and called the Convention to 
 order. 
 
 The journal of yesterday was read and approved. 
 
 The President announced the following as the committee on 
 the subject of enslaving free negroes : Messrs. Williams, Moody, 
 Foy, Hargrove and Shipp. 
 
 Mr. Mebane presented a petition from sundry citizens of Ala- 
 mance County, in regard to the Stay Luw, which, on his motion, 
 was referred to the committee on that subject. 
 
 Messrs. Schenck and Setzer presented petitions from Gaston 
 and Catawba counties on the same subject, which were similarly 
 referred. 
 
 Mr. Armfield presented a petition from 'citizens of Surry, 
 Wilkes and Yadkin counties on the subject of a tax on distille- 
 ries, which, on his motion, was referred to a select committee. 
 
 Mr. Miller presented a petition from certain citizens of ^leave- 
 land County, asking an amendment to the Constitution so as to 
 provide for the election of Justices of the Peace by the qualified 
 voters of the State, which was, on motion, referred to the 
 committee on Justices of the Peace. 
 
 Mr. Gorrell presented the proceedings of a meeting held in 
 Greensboro' in regard to a Railroad connection between Greens- 
 boro' and Danville, which, on his motion, was referred to the 
 committee on military aifairs. 
 
 Mr. Satterthwaite, from the committee to whom was referred 
 a resolution relating to the assumption by the State of the 
 Confederate tax, reported a resolution on that subject, which lies 
 over one day. 
 
 Mr. McDowell, of Madison, presented a petition from two free 
 persons of color of Madison County, praying that they may 
 become the slaves of Smith Atkin, which, on his motion, was 
 referred to the committee on that subject. 
 
 Mr. Biggs offered the following resolution, which lies over one 
 day: 
 
1861.] STATE CONVENTION. 33 
 
 Resolved,, That the committee on Military Affairs inquire into 
 the necessity and propriety of providing for volunteers mustered 
 into the service of the Confederate States for twelve months, 
 for local defence, the same bounty, clothing, equipments, &c., 
 as troops mustered into the service of the State and transferred 
 to the Confederate States, and that they report by resolution, 
 ordinance or otherwise, as soon as practicable. 
 
 Mr. Kittrell offered the following, which, the rules having 
 
 I ; been suspended, on motion, was agreed to. 
 
 \ ; Resolved, That the committee on Military Affairs be requested 
 
 \| to ascertain and report to this Convention, the oaths and forms 
 
 \ thereof required by law to be taken by the officers and soldiers 
 
 /\ enlisted in the Confederate army from the State of North 
 
 I \ Carolina. 
 
 I \ Mr. Pettigrew, from the committee to which was referred a 
 resolution in relation to the suffrage of foreigiiers, reported the 
 sau\o back, and asked to be discharged from its further consid- 
 eratiou, on the ground that, in the opinion of the committee, it 
 was niorc properly referrable to the Legislative committee — lies 
 over one day. 
 
 Mr. Thomas, of Jackson, introduced an ordinance concerning 
 slaves, which passed its first reading, and was ordered to be 
 printed. 
 
 Mr. Green offered the following, which lies over one day : 
 
 Resolved, That this Convention ought to elect a Governor to 
 fill the unexpired term of His Excellency, John W. Ellis, 
 deceased. 
 
 Mr. Battle, of Wake, introduced an ordinance to establish 
 the office of Lieutenant Governor, which passed the first read- 
 ing, and was ordered to be printed. 
 
 Mr. Graham offered the following: 
 
 Resolved, That the Legislative committee be instructed to 
 inquire into the expediency of so amending the Constitution as 
 to declare that no law shall be passed , to impair the obligation 
 of contracts, and every law whose effect is to hinder and delay 
 the fulfillment of contracts, is considered as impairing the obli- 
 gation of the same. 
 
34 ' JOURNAL OF THE [2d Session, 
 
 Resolved, That said committee be further instructed to inquire 
 into the expediency of defining tiie term of service of the Gen- 
 eral Assembly, in each successive Legislature. 
 
 On his motion the rules were suspended and the stiid resolutions 
 were agreed to. 
 
 Mr. Meares offered the folIoAvin;^, Avhich, the rules being 
 suspended, Avas agreed to : 
 
 Mesolved, That the committee on military affairs be instructed 
 to inquire into the propriety of paying the bounty for enlistments 
 to the men belonging to Capt. J. M. Stevenson's company of 
 artillery, and to other companies, and that said committee report 
 to this Convention by ordinance, resolution, or otherwise. 
 
 On motion of Mr. Graham, the ordinance concerning oaths 
 was taken up and made the special order for ^NFoiiditj^ I'J o'clock. 
 
 The special order was then taken up, and on motion of Mr-. 
 Ruffin, was postponed until to-morrow at 11 o'clock. 
 
 The unfinished business of yesterday was noAV considered by 
 the Convention, when, ^ 
 
 * Mr. Battle, of Wake, offered to amend as follows : Add to the 
 1st section, " Provided that the defendant may, on oath, give 
 evidence in his defense," which M'as not agreed to. 
 
 ?Ir. Lyon moved to amend by adding to lino 30, the words, 
 "And all moneys arising from fines under this ordinance shall 
 be applied by the several County Courts, where the same may 
 be, to the support of indigent families of volunteers and State 
 troops, in the service of this State or the Confederate States ;" 
 which was agreed to. 
 
 Mr. Schenck offered the following amendment, which was 
 agreed to : After the word " forestaller," in the 20th line, insert, 
 " Provided that upon sufficient cause being shown, upon affidavit, 
 the Court shall have power to order the ty-king of depositions to 
 be read on behali of the accused, upon such terms as the Court 
 may decree, on the trial of cases arising under this ordinance. 
 
 Mr. Berry movad to insert, after tiie word " wliatsoovev," in 
 tlie 7th line, the wr. Is, " and also, leatlier," which was agreed to. 
 
 Mr. Rayner moved to amend by inserting, after the woid 
 "own, ' in the 10th line, the words, "use or," which was agreed to. 
 
 The second section having been read, 
 
1861.] STATE CONVENTION. ^ 35 
 
 Mr. Barnes moved to amend the same bj striking out all 
 bet^veen the word "nature," in the 14th line, and "and," in 
 the 16th line, which was not agreed to. 
 
 Mr. HoAvard moved to amend as follows : Strike out all after 
 the Avord '* ordinance," in the Slat line, m"'^ n(<-rt, "appeals 
 shall be allowed as in ordinary cases," wl i;^reed to. 
 
 Mr. Battle, of Wake, now moved to strike out tlic whole of 
 the second section, and it was agreed to. 
 
 iMr. Setzer moved that the whole subject lie on the table, on 
 whicli the.ayfcs and noes were ordered, on his motion, and resulted 
 in the negative — ayes 15, noes 83, as follow? : 
 
 AVes — Messrs. Carson, Green, Headcn, Johnston, Jones of 
 Rowan, Manning, McDowell of Burke, Mebane, Miller, Pat- 
 terson, Phifer, Pchenck, Setzer, Shipp and Whitford --1.'). 
 
 Noes — Messrs. Allison, Arnifield, Arrington, Atkinson, 
 Badger, Barnes, Batchelor, Battle of Edgecombe, Battle of 
 Wake, Berry, Biggs, Bond, Brodnax, Brown, Bi-yson, Jaunting, 
 CaUUvcll of llowan, Calloway, Cannon, Cunninghani, Darden, 
 Dick, Dickson, Dillard, Doutliitt, Durham, Edwards, Ellcr, Elli- 
 son, Ferebee, Foster of Asiie, Foy, Fuller, (iorrell, Graham, 
 Greenlee, Hargrove, Heaine, Hicks, lloldon, Holmes, Houston, 
 Howard, Jones of Caldwell, Joyce, Kelly, Kittrcll, Leak of 
 Anson, Leak of Richmond, Long, Lyon, Mann, McDowell of 
 Madison, i\Ieares, IMcrritt, Moody, Moscley, Myers, Pcnland, 
 Pettigrew, Rammer, Rhodes, Roystcr, Ruffin, Sanders, Smith of 
 Halifax, Smith of Johnston, Smith of Macon, Speed, S})rouse, 
 Strange, Sutherland, Thomas of Carteret, Thomas of Jackson, 
 Thompson, Thornton, Turner, W^alton, Ward, W^arren, William, 
 son, Wilson and Woodfiu — So. 
 
 The remaining sections were read, and then the question 
 recurred on the amendment offered, on yesterday, by Mjr. Leak, 
 of Richmond, and the same Avas not agreed to. 
 
 To give an opportunity for the taking of the ayes and noe?, 
 Mr. Ruffin moved a re-consideration of the vote just taken, and 
 the motion did not prevail. 
 
 Mr. Leak, of Riohmond, moved to amend the ordinance as 
 follows : . 
 
36 -^^ JOURNAL OF THE [2d Session, 
 
 " Be it further ordained, That every distiller in this State 
 shall pay a tax of tAventy-five cents on every bushel of corn, 
 wheat, or rye, which he shall distill, other than for his own use, 
 after the 1st day of December, 1861, until the end of the war. 
 
 '■''Be it further ordained, That every distiller, at the time of 
 listing histaxables,in th<j' several counties of this State, shall list, 
 on oath, with the magistrate appointed to take the list of taxa- 
 bles in his district, the number of bushels of corn, wheat or 
 rye he has distilled since the first of December, previous to 
 the time of making said 'enlistment, and on failure to do so, 
 shall be subject to all the pains and penalties, which persons 
 are subject to for refusing to list other subjects of taxation," 
 which was not agreed to. 
 
 Mr. Wilson moved to strike out the third section, on which 
 the ayes and noes were ordered,, on motion of Mr. Dick. 
 
 Before the vote was taken, Mr. Schenck moved an adjorun- 
 ment, which was not agreed to. 
 
 Mr. Barnes now moved to amend as follows: After the word 
 "seized," in the 15th line, insert "and also determine whether 
 the articles seized were necessary for the use of the owner, , his 
 family, or his dependents, or the use of the sick or disabled, or 
 poor or necessitous persons, or for other charitable uses." 
 
 Pending the consideration of the questions before the Con- 
 vention, 
 
 The President announced as the committee on distilleries : 
 Messrs. Armfield, Washington, Spruill of Bertie, Berry and 
 Durham. 
 
 Mr. Wilson was added to the committee on Justices of the 
 Peace. 
 
 And then on motion of Mr. Ferebee, the Convention adjourned. 
 
 IN CONVENTION, Fiuday, November 20, 1861. 
 The President took the Chair and called the Convention to 
 order. 
 
 The Journal of yesterday was read and approved. 
 
1881.] STATE COKVENTION. . ^ 8? 
 
 John B. Joiics, Delegate elect from the County of Cun-ituck, 
 to fill the vacancy occasioned by the resignation of Mr. Shaw, 
 appeared, produced his credentials and took his seat. 
 
 Mr, Thompson introduced an ordinance accompanied with a 
 petition, to allow Duncan Artis, a free negro, to ensl.-ivo him- 
 self, which passed its first reading. 
 
 On motion of Mr. Ferebee, the resolutions on the subject of 
 foreigners, reported back to the Convention yesterday by Mr. 
 Pettigrew, were referred to the Legislative Committee. 
 
 Mr. Thomas, of Carteret, offered the following resolution, 
 which lies over one day : 
 
 Whereas, We, the Delegates of the people of North Caro- 
 lina, in Convention assembled, did lately adopt unanimously a 
 series of resolutions expressing, among other things, undimin- 
 ished confidence in the justice of the cause for which we have 
 taken up arms, our sense of the duty of the people of these 
 States to maintain and uphold that cause, and a determination 
 to shrink not from the performance of our whole duty in the 
 achievement of the independence we have asserted, and to 
 aiccept no alternative therefor : And ivhereas^, unanimity and 
 harmony are necessary, and whatever would impair these among 
 those who would in good faith, keep, stand to, abide by, and 
 perfprm those resolutions, should be discountenanced, therefore, 
 
 Resolved, That we, the delegates aforesaid, will discounte- 
 nance all party spirit which may have been excited by former 
 differences of principles, measures or conduct of parties as 
 designated prior to our act of separation from the Government 
 of the United States ; and during the war in which we are 
 engaged we would condemn all mere party uianagement, political 
 proscription and favoritism; as well, also, the selecting and 
 appointing men to office or places of trust and profit, either civil 
 or military, within this State, or the Confederate States, because 
 of their resistance to the old government earlier than our unani- 
 mous act of separation, refen'ed to. 
 
 Resolved^ That the military should be forever kept and held 
 in strict subordination to, and governed by, the civil authority, 
 and while a conflict of these should be deprecated and avoided, 
 
38 '^ .TOUHKAL OF TIlK [20 Siisstorf, 
 
 any inlorfevenee with tlie persons or property by the i'orliier, 
 except in ohedionce to tlie latter, or in cases wlierc the public 
 safety demands, and the civil authority cannot be invoked or 
 had, should subject the person or persons so exercising it, to 
 the reprehension and censure of the people, and to disquali- 
 fication for posts of military distinction, and to removal there- 
 from by the civil power. 
 
 On motion of Mr. Ellison, leave of absence was granted to 
 Mr. Smith, of Halifax, for three days, from and after to-day. 
 
 Mr. Ruffin oftered the following.: liesolved, That the State 
 Librarian transmit to the Department of Justice of the Confed- 
 erate States of America, one set of the Reports of the Supreme 
 Court of this St;ite, if the same be in the public library, or that 
 he purchase such as may be deficient, for that purpose. 
 
 On his motion, the rules were suspended nnd the resolution 
 was agreed to. 
 
 Mr. Battle, of Wake, oftered the following, which lies over: 
 
 Resolved^ That the committee on Militar.y Affairs be instruct- 
 ed to consider the propriety of adopting some means to induce 
 the twelve months volunteers in the service of the Confederate 
 States, from North Carolina, to enlist for the war. 
 
 The resolution heretofore introduced by Mr. Sanders, rela- 
 ting to the daily sessions of the Convention, was then taken up 
 for consideration. 
 
 Mr. Smith, of Halifax, moved to amend, so that the Conven- 
 tion shall re-assemble at three o'clock and adjourn at five. 
 
 Mr. Graham moved to postpone th^ further consideration of 
 the subject until next Friday, on which the ayes and noes Avere 
 ordered, on motion of Mr. Biggs, and resulted in the affirma- 
 tive, ayes 53, noes 44, as folloAvs : 
 
 Ayi^s — Messrs. Allison, Armfield, Arringlon, Atkinson, Bat- 
 tle of Edgecombe. Battle of Wake, Berry, Bond, Bryson, Cald- 
 well of Rowan, Cannon, Christian, Dick, Douthitt, Eller, Fere- 
 bee, Foster of Randolph, Foy, Gilmer, Graham, Headen, 
 Hearne, Holden, Jones of Caldwell, Jones of Rowan, Joyce, 
 Kelly, Kittrell, Leak of Anson, Long, Mann, Manning, Meares, 
 
 
isel.i STATE CONVENtiON. B 
 
 Mebane, Merritt, Myers, Pettigrcw, Ruffin, Sattertlnvalte, 
 Schcnck, Shipp, Smith of Macon, Specfl, Sprousc, Spruill of 
 Tyrrell, Thomas of Carteret, Turner, Walton, Warren, Wash- 
 ington, Whitford, Wilson and Woodfin — 53. 
 
 Noes — Messrs. Barnes, Biggs, Brodnax, Brown, Bunting, 
 Calloway, Carson, Cunningham, Darden, Dickson, Dillard, 
 Durham, Ellison, Foster of Ashe, Greenlee, Hargrove, Ilicks, 
 Holmes, Johnston, Jones of Currituck, Leak of Richmond, 
 Lyon, McDowell of Burke, McDowell of Madison, McNeill of 
 Cumberland, McNeill of Harnett, Miller, Mitchell, Moody, 
 Moseley, Penland, Reid, Rhodes, Royster, Sanders, Setzer, 
 Smith of Halifax, Smith of Johnston, Strong, Sutherland, 
 -Thompson, Thornton, Ward and Williamson — 44. 
 
 The resolution of Mr. Warren, heretofore introduced, asking 
 certain information of the Adjutant General, was then taken up 
 and agreed to. 
 
 The special order of the day, being the ordinance in regard 
 to Revenue, was then taken up. 
 
 Mr. Woodfin moved to postpone the special order, to take up 
 and consider the ordinance in regard to a supply of salt, which 
 was not agreed to. 
 
 The ordinance in regard to Revenue was then read by sec- 
 tions, for amendment. 
 
 The third section being read, 
 
 Mr. Thompson moved to amend by striking out all between 
 the words " rate," in the fourth line, and " for," in the 5th line, 
 and insert, "six per cent, per annum," which was agreed to. 
 
 The remaining sections having been read, 
 
 Mr. Satterthwaitc moved to add, as section 13, the following : 
 
 That interest accruing on the notes which, from time to time, 
 may be issued in pursuance of the provisions of this ordinance, 
 shall be exempt from taxation. 
 
 After some discussion thereon, the amendment Avas withdrawn. 
 
 Mr. Biggs moved to amend by adding the following, as sec- 
 tion 13 : 
 
 Be it further ordained, That the Treasurer shall keep and 
 furnish to the Comptroller, an accurate account of the Treasury 
 30 
 
40 JOURNAL OF THE [2d Session, 
 
 notes issued or to be issued by him, under the Act of the Gene- 
 ral Assembly, and the ordinance heretofore passed and not 
 annulled, and the Comptroller shall also keep an accurate 
 account of all such notes in the same manner as is required 
 herein in relation to the Treasury notes authorized to be issued 
 by this ordinance ; 
 
 And the amendment was agreed to. 
 
 Mr. Armfield moved an amendment to the third section, as fol- 
 lows: Strike out of the third line, all after "1865," down to 
 "dollars," in the sixth line, and insert, "without interest," 
 which was not agreed to. 
 
 The question was then taken on the adoption of the substi- 
 tute recommended by the committee, as thus amended, and 
 decided in the affirmative. 
 
 And then the ordinance, as amended, passed the second 
 reading. 
 
 On motion of Mr. Satterthwaite, the rules were suspended, 
 and the ordinance passed the third reading, and was ordered to 
 be enrolled. 
 
 And then, on motion, the Convention adjourned. 
 
 IN CONVENTION, Saturday, November 30, 1861. 
 
 The President took the Chair and called the Convention to 
 order. Prayer by Rev. Henry Hardie, of the Presbyterian 
 Church. 
 
 The journal of yesterday was read and approved. 
 
 On motion of Mr. Holden, leave of absence until Wednesday 
 next was granted to Mr. Meares. 
 
 Mr. McNeill, of Cumberland, presented a petition from sun- 
 dry citizens of Cumberland County, praying the intervention 
 of the Convention to protect the people against speculators, 
 monopolists and whiskey distillers, which, on his motion, was 
 referred to the committee on distillation. 
 
 Mr. Arrington presented a similar petition from citizens of 
 Nash County, which waa referred to the same committee. 
 
9 
 
 1861.] STATE CONVENTION. 41 
 
 Mr. Battle, of Wake, in behalf of Mr. Manning, Chairman, 
 from the committee on the Coalfields connection, to whom was 
 referred an ordinance to provide for an exchange of Treasury 
 notes, reported a substitute therefor, and recommended its 
 passage. Lies over one day under the rules. 
 
 Mr. Biggs offered the following : 
 
 Resolved., That the Secretary of State furnish to each member 
 of this Convention one copy of the Acts of the General Assem- 
 bly, passed at the last regular and extra sessions thereof: Pro- 
 vided, That a sufficient number thereof has been printed. 
 
 On his motion, the rules were suspended and the resolution 
 was agreed to. 
 
 Mr. Holmes offered the following, which lies over one day : 
 
 Resolved, That the Board of Claims be instructed to report 
 to the Convention, the claims of the Wilmington and Manchester, 
 and the Western North Carolina Railroad Companies, as here- 
 tofore by them allowed and reported to the General Assembly. 
 
 Mr. Howard, from the committee on military affairs, to whom 
 was referred an ordinance concerning the appointment and 
 commissioning of militia officers, reported the same back to the 
 Convention with a substitute therefor, and recommended its 
 passage. Lies over one day for consideration. 
 
 Also, adversely on the resolution relating to exemptions from 
 military duty ; which also lies over one day. 
 
 Mr. Armfield moved to reconsider the vote of yesterday by 
 which the Convention agreed to the ordinance relating to 
 Treasury notes, on which the ayes and noes were ordered, on 
 motion of Mr. Armfield, and resulted in the negative, ayes 28, 
 noes 57, as follows : 
 
 Ayes — Messrs. Armfield, Arrington, Berry, Bond, Bryson, 
 Cannon, Christian, Douthitt, Durham, Eller, Ferebee, Gilmer, 
 Graham, Joyce, Kittrell, Leak of Anson, Mann, McNeill of 
 Cumberland, Mebane, Myers, Sanders, Smith of Johnston, Speed 
 Sprouse, Thornton, Turner, Warren and Wilson — 28. 
 
 Noes— Messrs. Allison. Atkinson, Badger, Battle of Wake 
 Biggs, Brodnax, Brown, Caldwell of Rowan, Calloway, Car=on,' 
 Cunningham, Dickson, Dillard, Eihvards, Ellison, Foster of 
 
42 JOUKNAL OF THE [2d Session. 
 
 Ashe, Foy, Greenlee, Ilearne, Hicks, Holden, Holmes, Houston, 
 Howard, Johnston, Jones of Caldwell, Jones of Currituck, Jones 
 of Rowan, Kelly, Leak of Richmond, McDowell of Burke, 
 McDowell of Madison, McNeill of Harnett, Merritt, Miller, 
 Mitchell, Moseley, Osborne, Penland, Pettigrew, Rayner, Reid, 
 Rhodes, Royster, RufBn, Satterthwaitc, Schenck, Setzer, Smith 
 of , Macon, Spruill of Tyrrell, Strong, Sutherland, Thomas of 
 Carteret, Thompson, Walton, Woodfin and Wooten — 57. 
 . The President laid before the Convention a letter from 
 Walter L. Steele, Secretary, asking leave of absence for an 
 indefinite time. 
 
 Or motion of Mr. RuflRn, the request was granted. 
 
 Mr. Schenck oifeied the following: 
 
 Resolved, That a committee be appointed to inquire into the 
 condition of the sick soldiers in the vicinity of this city, and 
 that they report whether any other provision is necessary to be 
 made for their comfort and recovery. 
 
 On motion, the rules were suspended and the resolution put 
 upon its passage. 
 
 Mr. Speed moved to .amend as follows: "And also inquire 
 into the expediency and propriety of establishing hospitals at 
 Raleigh, Wilmington, Edenton, Newberne and Elizabeth City, 
 •with post surgeons fur the treatment of sick soldiers of North 
 Carolina." 
 
 Mr. Schenck accepted the amendment, and the resolution was 
 agreed to. 
 
 The President appointed Messrs. Schenck, Reid, Speed, 
 McNeill of Harnett, and Bond, to constitute the committee. 
 
 Mr. Smith, of Johnston, introduced an ordinance to insure a 
 supply of corn, by a tax on distilleries, which passed its first 
 reading and lies over. 
 
 Mr. Rayner presented a petition from citizens of Hertford 
 County in relation to speculations upon the necessities of the 
 people, which, on his motion, was ordered to lie on the table. 
 
 Mr. Rayner also oftered the following : 
 
 liesolved, That the committee of finance be instructed to 
 niqnire into the expediency of repealing and abrogating that 
 
1861.] STATE CONVENTION. 48 
 
 provision of an Act passed at the late extra session of the Gen- 
 eral Assembly, entitled " Revenue," the 4th section of which 
 exempts from taxation the property of all persons worth less 
 than five hundred dollars, and which further exempts from 
 taxation five hundred dollars worth of property of every person 
 worth more than said sum of five hundred dollars. 
 
 On his motion the rules were suspended, and the Convention 
 proceeded to the consideration of the resolution: 
 
 Mr. Satterthwaite moved to amend as follows : " And said 
 committee also inquire and report 'upon the question of slave 
 taxation, as imposed by the last Legislature," which was 
 agreed to. 
 
 Mr. Woodfin moved to strike out the words, "of finance," 
 and insert, "on the immediate wants of the Treasury," which 
 was not agreed to^ 
 
 The resolution was then adopted. 
 
 Mr. Joyce introduced an ordinance atithorizing the Governor 
 to transfer certain companies at Iligli Point to Col. Green's 
 regiment, which passed its first reading. 
 
 On motion, the rules were suspended, the ordinance passed 
 the second and third readings, and was ordered to be enrolled. 
 
 He also introduced an ordinance proposing to amend the 
 militia law, which passed its first reading, and was referred to ' 
 the committee on Military Affairs. 
 
 The unfinished business last before the Convention, beinec the 
 ordinance in regard to speculation, &c., was then taken up, the 
 pending question being on the amendment offered by Mr. 
 Barnes, and the amendment was agreed to by the Convention. 
 
 Mr. Washington moved to amend by inserting after the word 
 "attorney," the words, "and they shall choose a third person," 
 which was agreed to. Also, in the 6th line, after the word 
 "seals," strike out the words, "and in case of difference they 
 shall choose an umpire," and it was agreed to. 
 
 Mr. Ruffin moved to insert after tlie word in the 16th 
 
 line, the words, "or any two of them," which was agreed to.- 
 Also, in 19th line, strike out the words, "in like manner," 
 
 which was also agreed to. Also, in line, strike out the 
 
 words, " who shall also make and certify," and it was agreed to. 
 
44 JOURNAL OF THE [2d Session, 
 
 The (lucstiou was tlien put on the pending motion of Mr. 
 "Wilson to strike out the Srd section, on -which the ayes and 
 noes were ordered, on motion of Mr. Dick, and resulted in the 
 affirniative, ayes 43, noes 40, as follows : 
 
 Ayes — Messrs. Allison, Armfield, Battle of Wake, Berry, 
 Brown, Bryson, Calloway, Cannon, Carson, Cunningham, Dil- 
 lard, Douthitt, Durham, Eller, Ellison, Ferebee, Foster of Ashe, 
 Graham, Greenlee, Ilearne, Houston, Johnston, Jones of Cald- 
 well, Jones of Currituck, Jones of Rowan, Joyce, Lyon, Mann, 
 McDowell of Burke, Mebane, Mitchell, Penland, Koyster, 
 Sanders, Schenck, Shipp, Speed, Sprouse, Sutherland, Thomas 
 of Carteret, Walton, Warren and Wilson — 43. 
 
 Noes — Messrs. Arrington, Atkinson, Badger, Biggs, Brod- 
 nax. Christian, Dickson, Edwards, Foy, Gilmer, Hicks, Holden, 
 ^Holmes, How^ard, Kelly, Kittrell, Leak of^.Anson, Leak of 
 Richmond, McNeill of Cumberland, McNeill of Harnett, Mer- 
 ritt, Miller, Mosolcy, Osborne, Pettigrew, Rayner, Reid, 
 Rhodes, Ruffin, Smith of Johnston, Smith of Macon, Spruill of 
 Tyrrell, Strong, Thompson, Thornton, Turner, Washington, 
 Woodfin and Wooten — 40. 
 
 Mr. Washington moved to insert in section 1, after the word 
 "grain," the words, "hogs or horned cattle," which w^as not 
 agreed to. 
 
 On motion of Mr. Badger, the further consideration of the 
 subject was postponed until Monday, and the ordinance ordered 
 to be printed. 
 
 The ordinance on the subject of a supply of salt, was then 
 taken up, for consideration on the second reading, and read by 
 sections for amendment. 
 
 Mr. Biggs moved to amend by inserting after the word, 
 "county," in the 6th line of the 1st section, the words, "or 
 some navigable Avaters," which was agreed to. 
 
 Mr. Leak, of Richmond, moved to strike out the word, "com- 
 missioner," and insert the words, " three commissioners," which 
 was not agreed to. ' 
 
 Mr. Ruifin moved to strike out the words, " on the seacoast," 
 and it was n greed to. f 
 
1861.] StATE CONVENTION. 45 
 
 He also moved to strike out the words, "this Convention," 
 and insert the words, '^ the Governor of the State," which was 
 not agreed to. 
 
 Mr. Christian moved that the Convention adjourn, wliich was 
 not agreed to. 
 
 Mr. Biggs moved to amend the third section, by inserting, 
 after the word "State," in the 5th line, the words, "or on 
 some navigable waters," Avhich was agreed to. 
 
 Mr. Sanders moved to amend the 4th section, by inserting 
 after the words, "Justices of the Peace," the words, "a 
 majority being present," and it was agreed to. 
 
 Mr. Washington offered the following as an additional section : 
 
 Be it further ordained, That said commissioner shall have 
 power to examine west of the city of Raleigh, by boring, such 
 section or sections of country as there may seem to be indi- 
 cations of salt formations ; but that no such examinations shall 
 be made until an agreement shall have been entered into for the 
 conveyance of so much of said land as shall be necessary for 
 conducting and carrying on salt works, with the privilege of 
 ingress, egress and regress ; and it was not agreed to. 
 
 Mr. Bi^gs moved to strike out of the 8th section, the words, 
 "every three months," and insert the word "monthly," which 
 was agreed to. 
 
 Also, after the word " lay," in the 4th line, insert the words, 
 "and publish," and it was agreed to. 
 
 Mr. Mitchell moved to strike out all before the word "^'te.," 
 in the third line, and insert, " it shall be the duty of said Com- 
 missioner, on the first Monday of each month, to report to the 
 Governor the quantity of salt manufactured during the month 
 preceding, and the disposition made of all the salt manufac- 
 tured, the cost, &c., of production and transportation, and the 
 income to the State on the salt made and sold," which was 
 agreed to. 
 
 Mr. Wilson moved to adjourn, which was not agreed to. 
 
 After some further discussion of the ordinance, 
 
 Mr. Gilmer moved to adjourn, and it was not agreed to. 
 
 Mr. Woodfin moved to amend as folloAvs : 
 
46 JOURNAL OF THE [2d SEesto^r, 
 
 " Sec. 9. Be it further ordained^ That the Commissioner 
 shall, before entering on the duties of his oflGce, take an oath 
 of office, and enter into bonds in the sum of one hundred 
 thousand dollars, payable to the State, with security to be 
 approved by the Governor, and he shall take bond and ample 
 security from every agent appointed by him, whose duties shall 
 require him to receive and pay out money, and that all such 
 bonds shall be payable to the State of North Carolina. 
 
 " Sec. 10. Be it further ordained^ That the Commissioner 
 shall receive an annual salary of two thousand dollars, and his 
 travelling expenses." 
 
 Mr. Kittrell moved to adjourn, which was not agreed to. 
 
 Mr. Foster, of Randolph, moved to strike out " two thousand," 
 in the last section, and insert, " fifteen hundred," which was 
 agreed to. 
 
 The amendment as amended was then adopted. 
 
 On motion of Mr. Rayner, the Convention adjourned. 
 
 [Note. — The journal for the remainder of the second session 
 of the Convention, was kept by James H. Moore, Secretary joro 
 tem.^ in the absence of the Principal Secretary.] 
 
 ' IN CONVENTION, Monday, December 2, 18G1. 
 
 The President called the Convention to order pursuant to 
 adjournment. Prayer by Rev. J. M. Atkinson, of the Presby- 
 terian Church. 
 
 The journal of Saturday was read and approved. 
 
 Mr. Foster, of Randolph, presented two petitions from citizens 
 of Randolph County, praying a repeal of the Stay Law, Avhich 
 being read, was referred to the committee on that subject. 
 
 Mr. Houston presented a petition from citizens of Union 
 County, asking a repeal of the Stay Law, and a remedy against 
 the exorbitant speculations in salt. Read and referred to the 
 committee on the Stay Law. 
 
18rtl.] STATE CONVENTION. 47 
 
 Mr. Leak, of Richmond, presented a petition from citizens of 
 his county, against extortionate prices in the necessities of life, 
 and the distillation of corn and other grain into vhiskey, which 
 was read and referred to the committee on the Stay Jjaw. 
 
 Mr. McNeill, of Cumberland, by consent, presented a letter 
 from D. W. Robinson, Esq., stating that Hon. Warren Winslow 
 was detained from the Convention by ill health. 
 
 Mr. Schenck, from the select committee on the subject of sick 
 soldiers in the vicinity of Raleigh, reported that the committee 
 had ascertained that the Surgeon General had taken steps to 
 make ample provision for sick soldiers near this city, and that no 
 action by the Convention is necessary on tho subject. Lies over 
 one day. 
 
 Mr. Speed, from the select committee on the subject of Hos- 
 pitals, reported an ordinance for the erection of a hospital at 
 Elizabeth City, which wa** read, and lies over under tho rules. 
 
 Mr. Holden offered a resolution to raise a committee of in- 
 quiry on the subject of the manufacture of Oil Cloth. Lie:* 
 over under the rule. 
 
 Mr. Kittrell introduced a resolution to sen<l a Commissioner 
 to the coast, to gather and report information in regard to the 
 manufacture of salt in the State, and moved to suspend the 
 rules and put the resolution on its passage. The motion was 
 not agreed to, and the resolution takes the usual course. 
 
 By Mr. Setzcr, a resolution of inquiry in regard to a distri- 
 tion of tiio acts of the Gen(>ra) Assembly. Lies over under the 
 rule. 
 
 Mr. Biggs moved to take up the unfinished business of Sat- 
 urday,, being the ordinance on the subject of the manufacture 
 of salt, and the motion prevailed. 
 
 The ordinance was then taken up, the question being on its 
 passage upon the second reading. 
 
 The question being put, the ordinance passed its second 
 reading. 
 
 Mr. Woodfin moved to put it on the third reading. The mo- 
 tion prevailed, and the ordinance was read the third time. 
 31 
 
48 JOURNAL OF THE [2d Session, 
 
 Mr. McNeill, of Cumberland, moved to amend the 1st section 
 by striking out of the second line the words, ''this Convention,'" 
 and inserting the word " Governor," and it was not agreed to, 
 
 Mr. Mitchell ofFpr<^d the following- amendment as an additional 
 section : 
 
 " Be it further ordained^ That the price per bushel to the 
 purchaser of salt, made in pursuance of the provisions of this 
 ordinance, shall be determined by ascertaining, as nearly as 
 possible, the immediate cost of its production, the incidental 
 expenditures of its inanufacture, as well as the expense of trans- 
 portation to all the depositories of distribution that shall be 
 selected, so that the charge of production shall fall equally upon 
 every bushel sold, without regard to a difference there may be in 
 the cost of transportation to depositories at unequal distances ; 
 and 80 that the price per bushel to every purchaser from the 
 State shall be the same." 
 
 This amendment was not agreed to. 
 
 Mr. Leak, of Richmond, moved to amend by striking out all 
 after the word "Act,'' in the 7th section, 2d line, and inserting 
 the words, " or shall prove faithless to the trust reposed in him, 
 the Convention not being then in session, the Governor shall 
 supply the vacancy created in any of the aforementioned means, " 
 and the amendment was agreed to. 
 
 Mr. Battle, of Wake, moved to amend section 10, by striking 
 out the words " $1500,'' in order to insert a different sum : and 
 it was not agreed to, ayes 34, noes 44, by count. 
 
 Mr. Graham offered a substitute, proposing that the State 
 shall pay a honv^ to producers of salt in the State, under certain 
 regulations. 
 
 Pending the consideration thereof, 
 
 A communication was received from His Excellency, the 
 Governor, transmitting a communication from Prof. Emmons, 
 State Geologist, on the manufacture of Salt from sea-water, which 
 was read. 
 
 The question was then put on the substitute offered by Mr. 
 Graham, and it was not adopted. 
 
 Mr. Thomas, of Carteret, moved an adjournment, and the 
 motion was not agreed to. 
 
1861] STATE CONVENTTOK. 49 
 
 Mr. Bond moved to amend the 1st section of the ordinance, 
 by striking out all after the word, " county," in the 5th line, 
 and inserting the following : " at the salt works, on the payment 
 of the cost of manufacturing, which price shall be paid on the 
 delivery of the salt," and the amendment was not agreed to. 
 
 Mr. Gilmer moved an adjournment, and the motion did not 
 prevail. 
 
 The question recurred on the final passage of the ordinance, 
 on which the yeas and nays were ordered, and resulted, yeas 64, 
 nays 18, as follows : 
 
 Yeas — Messrs. Armfield, Arrington, Atkinson, Battle of 
 Wake, Biggs, Brodnax, Brown, Bryson, Caisson, Christian, Cun- 
 ningham, Darden, Diok, l)ickson. Dillard, Douthitt, Durham, 
 £dwards, Eller, Foster of Ashe, Foster of Randolph, Foy, Gil- 
 mer, Gorrell, Hamlin, Headen, llearne, Iliekp, Holden, Holmes, 
 Houston, Johnston, Jones of Currituck, Jones of Rowan, Joyce, 
 Kelly, Kittrell, Leak of Anson, Leak of Richmond, McDowell 
 of' Burke, McDowell of Madison, McNeill of Cumberland, 
 McNeill of Harnett, Miller, Mos6ley, Osborne, Penland, Phifer, 
 Reid, Rhodes, Schcnck, Setzer, Shipp, Smitli of Jolmston, Smith 
 of Macon, Spruill of Bertie, Sutherland, Thomas of Carteret, 
 Thomas of Jackson, Thornton, Turner, Williams, Woodtin and 
 Wooten — 64. 
 
 Nays — Messrs. Allison, Bond, Calloway, Cannon, Ellison, 
 Ferebee, Graham, Jones of Caldwell, Mann, iMitchell, Pettigrew, 
 Rayner, Ruffin, Satterthwaite, Speed, Sprouse, Walton and 
 Warren — 18. 
 
 On motion of Mr. Speed, Mr. Walton obtained leave of 
 absence from the Convention for an indefinite period. 
 
 Mr. Schenck moved to reconsider the vote by which the ordi- 
 nance providing for the manufacture of salt passed the third 
 reading, and the motion was not agreed to. 
 
 On motion of Mr. Gorrell, the Convention adjourned till 10 
 u clock to-mono w morniua;. 
 
50 JOUBNAI; OF THE [2d Sessiok, 
 
 IN CONVENTION, Tuesday, December 3, 1861. 
 
 The President called the Convention to order pursuant to 
 adjournment. Prayer by Rev. Mr. Broaddus, cf the Baptist 
 Church. 
 
 The Journal of yesterday was read and approved. 
 
 Mr. Warren presented a petition from citiiiens of Beaufort 
 County, praying redress uf certain grievances, which was read, 
 and, on motion of Mr. Warren, referred to a select committee. 
 
 Mr. Ruflin, from the select committee on the present wants of 
 the Treasury, reported an ordinance to increase the clerical force 
 of the Treasury Department, which passed the first reading and 
 was ordered to be printed.' 
 
 Mr. Sutherland introduced the following rt?soiutiou, which lies 
 over one day under the rule. 
 
 Resolved, That the Military Committet' be instructed to 
 inquire into the propriety of the State's making an appropriation 
 for the construction of the most improved kind of arms, for arm- 
 intr the nnlitia of the State ; and that they report by ordinance 
 or otherwise. 
 
 Mr. Osborne, froni the committee on military affaii-e, reported 
 an ordinance for the construction of a railroad from Greensboro', 
 on the North Carolina Railroad, to Danville, in Virginia, which 
 was ordered to be printed and made the special order for Monday 
 next at 12 o'clock. 
 
 Mr. Battle, of Wake, introduced a resolution requiring the 
 Secretary of State to furnish, for tlie use of the Convention, one 
 copy of Cooke's ruap and one of Pearce's map of North Caro- 
 lina ; which lies over under the rule. 
 
 Mr. Calloway introduced an ordinance to repeal the 4th section 
 of an Act of the late extra session of the General Assembly, 
 entitled " Revenue, " which passed the first reading, and wae 
 referred to the committee on Finance. 
 
 Mr. Calloway also introduced a resolution of inquiry in regard 
 to an amendment to the Constitution, which lies over one day, 
 under the rule. ^ 
 
1,61.] STATE CONVENTION. 61 
 
 Mr Thon>a», of Jackson, introduced an ordinance to equalise 
 taxation ; and an ordinance to provide a permanent aeUool fnnd 
 a"d Te^uaUze it, distribution among the scholars ; «h.ch were 
 severally read, and lie over for cons.deration. 
 
 The following resolutions, ,(<■., heretofore mtroduced, were 
 taken up and disposed of as indicated : 
 
 A rllution of inquiry in relation to twelve months volun- 
 
 tcers— read and adopted. 
 
 A resolution of thanks to the officers and soldier, captured at 
 Fort Hatteras-read and unanimously adopted. 
 
 A resolution of inquiry concerning volunteer troops called mto 
 sorvicc for local defense— read and agreed to. 
 
 An ordinance to provide for the office of L.eutenant-Gov- 
 ernor,-rcad the second time and referred to the committee on 
 the Executive Department. 
 
 An ordinance concerning the emancipation ot slaves-read the 
 
 second time. • , ,. ii 
 
 Mr. Thoma., of .lackson, moved to lay the ordinance on the 
 
 tihle and the motion prevailed. 
 
 On motion of Mr. Biggs, the special order of the day, bemg 
 the ordinance to suppress speculation, .as taken up, and passevl 
 over informally for the present. 
 
 On motion of Mr. Smith, of Johnston, the ordinance to pre- 
 vent the distillation of grain, was referred to the committee on 
 
 DiBtillerics. . . , 
 
 The ordinance to define and punish sedition was taken up on 
 
 its second reading and discussed. Pending its consideration 
 On motion of Mr. Speed, the Convention adjourned to ten 
 
 o'clock to-morrow morning. 
 
 IN CONVENTION, Wednesday, December 4, 1861. 
 The President called the Convention to order pursuant to 
 adjournment. P-i-ayer by Rev. Mr. Broaddus. of the Baptist 
 
 ^ (Church. 
 
 The journal of yester.lay was read and approveii. 
 
52 JOURNAL OF THE [2d Session, 
 
 The PreaiJeut laid before the Convention a majority and a 
 minority report from the Board of Claims. 
 
 Mr. Ruffin moved that the reports be printed and referred to 
 the committee of finance, with instructions to inquir© as #o the 
 expediency of continuing the Board of Claims beyond the 15th 
 of the present month, and that they report by ordinance or 
 otherwise ; and tlie motion was agreed to. 
 
 On motion of IMr. Reid, Mr. Biggs was granted leave of 
 absence for one week, from and after to-day. 
 
 Mr. Woodfin moved to go forthwith into the election of a Com.- 
 luissioner to superintend the manufacture of salt, and the motion 
 prevailed, ayes 52, noes 24. 
 
 Mr. Woodfin then nominated, for Commissioner, Phil. B. 
 Hawkins, Esq., of Franklin County. 
 
 Mr. Pettigrew nominated Edward Wood, Esq., of Edenton. 
 
 ■Mr. Christian nominated John M. Worth, Esq., of Randolph. 
 
 Mr. Ellison nominated E. W. Bagley, Esq., of Martin. 
 
 Mr. Thomas, of Carteret, nominated Benjamin L. Perry, Esq., 
 of Carteret. 
 
 The Convention then proceeded to vote viva voce, as follows : 
 
 For ]Mii. Hawkins : — Messrs. Arrington, Atkinson, Batch- 
 clor, Battle of Edgecombe, BroAvn, Bunting, Caldwell of Rowan, 
 Darden, Durham, Edwards, Hicks, Holmes, Johnston, Kelly, 
 Leak of Richmond, Lyon, McDowell of Burke, McDowell of 
 Madison, McNeill of Cumberland, Mebanc, Osborne, Penland, 
 Reid, Royster, Schenck, Strange, Thomas of Jackson, Thornton, 
 Turner, AVhitford, Williams, Williamson and Woodfin — 33. 
 
 For Mh. Wuki'II : — ^Messrs. Allison, Armtield, Battle of 
 Wake, Calloway. Christian, r)ick, Doutiiitt, Eller, Foster of 
 Ashe, Foster of Randolph, (rilmer, Gorrell, (iraham, Hamlin, 
 Headcn, Hearne, Houston, Jones of Rowan, .Joyce, Kittrell, 
 Leak of Anson, Long, Manning, McNeill of Harnett, Miller, 
 Piiifer, Rhodes, Sanders, Setzer, Smith of .Julinston, Spruill of 
 T3'rrell, and Sutliorland — 32. 
 
 For Mr. Wood : — Messrs. Bond, Brodnax, Cannon, Carson, 
 Dickson, Dillard, Ferebeo, Jones of Currituck, Merritt, Petti- 
 grew, Shipp, Spnnll of Bertie, Warren and Wooten — 14. 
 
1861.] .^TATE CONVENTION. 58 
 
 Fob MPw Baglev : — Messrs. Berry, Ellison. Jones of Caldwell, 
 and Satterth-waite — 4. 
 
 For Mr. Pekrv : — Mcssrp. Holden, Mann acu Tliomac of 
 Carteret — 8. 
 
 The whole number of votes oast way 86 : necessary to a choice, 
 44. No one having received a majority, there was no election, 
 and the Convention proceeded to vote a second time as follows, 
 the names of Messrs. Bagley and Wood being %vithdrawn : 
 
 For Mr. Worth : — Messrs. Allison, Armfield, Badger, Battle 
 of Wake, Berry, Bond, Brodnax, Bryson, Calloway, Cannon, 
 Christian, Dick, Dickson, Douthitt, Eller, Ellison, Ferebce, Fos- 
 ter of Ashe, Foster of Randolph, Gilmer, Gorrcll, Graham, 
 Hamlin, Headcn, Heavnc, Holden, Houston, Jones of Caldwell, 
 Jones of Rowan, Joyce, Kittrell, Leak of Anson, Leak of Rich- 
 mond, Long, Mann, Manning, McNeill of Harnett, Merritt, 
 Miller, Pettigrew, Phifer, Rhodes, Sanders, Satterthwaite, Setzer, 
 Shipp, Smith of Johnston, Smith of Macon, Sprouse, Spruill of 
 Bertie, Spruill of Tyrrell, Sutherland and Warren — 53. 
 
 For Mr. Hawkins : — Messrs. Arrington, Atkinson, Batch- 
 elor, Battle of Edgecombe, Brown, Caldwell of Rowan, Carson, 
 Darden, Dillard, Durham, Edwards, Hicks, Holmes, Johnston, 
 Jones of Currituck, Kelly, Lyon, McDowell of Burke, McDowell 
 of Madison, McNeill of Cumberland, Mebane, Osborne, Penland, 
 Rayner, Reid, Royster, Ruffin, Schenck, Strange, Thomas of 
 Jackson, Thornton, Turner, Williams, Williamson, Woodfin and 
 Wooten — 36. 
 
 For Mr. Perry: — Messrs. Whitford and Thomas of Car- 
 teret~2. 
 
 The whole number of votes cast was 91, necessary to a choice 
 46. Mr. Worth having received a majority, was declared to be 
 elected. 
 
 The President announced Messrs. Warren, Moseley, Thomas 
 of Carteret, Johnston and Bryson, as the select committee on 
 the memorial of citizens of Beaufort. 
 
 Mr. McNeill, of Cumberland, introduced the following reso- 
 lution, which had its first reading and was referred to the 
 committee on the Coalfields Connection : 
 
 1 
 
54 JOURNAL OF THE [2d Sesstox, 
 
 Resolved, That the committee on the Coalfields Connection 
 be instructed to inquire into the expediency of modifying the 
 Charter of the "Western Railroad Company, as amended at the 
 last regular session of the General Assembly, and report to this 
 Convention by ordinance or otherwise. 
 
 Mr. Gorrell presented a memorial from citizens of Guilford 
 County, asking a repeal of the Stay Law, which was read and 
 referred to the committee on the Stay Law. 
 
 Mr. Ferebee introduced the following resolution, which was 
 read, and lies over one day, under the rules : 
 
 Resolved, That this Convention will take a recess from and 
 after Saturday, the 14th inst., until Monday, the 20th of 
 January. 
 
 Mr. Calloway moved to take up the ordinance to repeal the 
 4th section of the Stay Law, introduced by him on yesterday, 
 and refer the same to the committee of finance, and the motion 
 was agreed to. 
 
 Also, to take up his resolution oifered yesterday to amend the 
 Constitution, and refer it to the committee on the Legislative 
 department, and the motion prevailed. 
 
 Mr. Manning moved to make the ordinance providing for an 
 exchange of bonds with the Coalfields Railroad Company the 
 special order for Tuesday next, at 12 o'clock, M,, and it was 
 agreed to. 
 
 On motion of Mr. Sutherland, his resolution in regard to 
 arming the militia, was taken up ivnd referred to the committee 
 on military affairs. 
 
 The President (Mr. Satterthwaite in the Chair) announced a 
 communication from C. H. Brogden, Comptroller, asking an 
 increase in the clerical force in his office, which was read, and, 
 on motion of Mr. Badger, was referred to the committee on 
 the Wants of the Treasury. 
 
 Mr. Ferebee moved that the Convention now adjourn until 
 Friday morning, in order to give the use of the Hall to the 
 Electoral College to-day, and to observe to-morrow as a day of 
 thanksgiving, in pursuance of the President's proclamation. 
 The motion prevailed, and the Convention adjourned to ten 
 o" clock, Friday morning. 
 
1«61.] ST.VTK CONYENTtoK, ^'SS- 
 
 IN CONVENTION, Friday, December «, 1861. 
 
 The President called the Convention to order pursuant to- 
 adjournment. Prayer by Rev. Mr. Ilardio, of the Presbyterian 
 Church. 
 
 The journal of Wednesday was read and amended. 
 
 Mr. Arrington presented a petition from citizens of Nash 
 County, in favor of the State's paying the Confederate tax ; which 
 was read and referred to the committee on that subject. 
 
 Mr. Johnston presented a petition from Mary Ann Rankin, a 
 free woman of color, asking to be allowed to enslave herself and 
 children ; read and referred to the committee on free negroes. 
 
 Mr. Thomas, of Jackson, offered a resolution for the appoint- 
 ment of a committee to inquire into the expediency of completing 
 the Western North Carolina Railroad ; lies over one day under 
 the rules. 
 
 By Mr. Armfield, a resolution instructing the Military Commit- 
 tee to inquire and report, in regard to the propriety of furnish- 
 ing our soldiers with rations of spirits — lies over under the rules. 
 
 Mr. Warren presented a resolution in favor of Dr. William E. 
 Pool ; which being read, he moved to suspend the rules and put 
 the resolution on its passage, and it was agreed to. 
 
 Mr. Rayner moved to refer the resolution to a select committee 
 of three, and the motion prevailed. 
 
 Mr. Osborne, from the committee to whom was referred the 
 resolution in regard to amending the Constitution, reported an 
 ordinance defining the manner of amending the CoiLStitution, 
 which lies over one day under the rules. 
 
 Mr. Graham moved to rescirtd the oi*der of the Convention 
 for printing the report of the Board of Claims, and the motion 
 was agreed to. 
 
 Mr. Fuller presented a petition from citizens of Robeson 
 County, against distilleries and speculators, which was read and 
 referred to the committee on Distilleries. 
 
 By Mr. Long, two petitions from citizens of Randolph in faVor 
 of a repeal of the Stay Law ; read and referred to the committee 
 on the Stay Law. 
 S2 
 
56 JOURNAL OF THE [2d Sesbion, 
 
 By Mr. Calloway, a resolution instructing the committee on 
 the Executive Department to inquire into the expediency of 
 amending the Constitution in regard to the election of Governor ; 
 which was read, and lies over one day. 
 
 Mr. Sutherland introduced an ordinance for the suppression of 
 Distilleries ; which was read and lies over one day, under the 
 rules. 
 
 The following resolutions, etc., heretofore introduced, having 
 lain over under the rules, were taken up, read, and disposed of 
 as indicated : 
 
 A resolution requesting our Representatives in Congress to 
 vote for an increase in the pay of soldiers. 
 
 Mr. Battle, of Wake, offered an amendment, which being 
 modified, on motion of Mr. Rayner, was adopted, as follows : 
 
 Resolved, That our Senators and Representatives in Congress 
 be requested to vote for an increase of the pay of the common 
 soldiers of the Confederate army, Provided, the source of the 
 Confederate Treasury will justify it. 
 
 A resolution to elect a Governor to fill the vacancy occasioned 
 by the death of Hon. John W. Ellis, was read, and on motion 
 of Mr. Green, made the special order for Wednesday next at 
 11 o'clock. 
 
 The ordinance to allow Duncan Artis, free negro, to enslave 
 himself, was read the second time and referred to the committee 
 •n free negroes. 
 
 The resolutions discountenancing party spirit during the war, 
 and declaring the military subordinate to the civil authority, 
 were read. 
 
 The question being on the adoption of the resolutions, the 
 yeas and nays were ordered, on motion of Mr. Warren. Before 
 the vote was taken, 
 
 Mr. Batchelor moved to strike out the second resolution, on 
 which the yeas and nays were ordered, on motion of Mr. Warren, 
 and resulted in the negative, yeas 10, nays 68, as follows : 
 
 Yeas — Messrs. Batchelor, Battle of Edgecombe, Bunting, 
 Darden, Fuller, Holmes, McNeill of Cumberland, Rayner, Suth- 
 erland, Thornton and Wooten — 10, 
 
1861.] STATE CONVENTION. 5T 
 
 * 
 
 Nays — Messrs. Armfield, Arrington, Battle of Wake, Berry, 
 Bond, Brodnax, Bryson. Caldwell of Rowan, Calloway, Cannon, 
 Christian, Dick, Dickson, Dillard, Edwards, Eller, Ellison, 
 Ferebee, Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, 
 Graham, Green, Hamlin, Hicks, Holden, Houston, Johnston, 
 Jones of Caldwell, Jones of Currituck, Jones of Rowan, Joyce, 
 Kelly, Kittrell, Leak of Anson, Leak of Richmond, Long, Mann, 
 Manning, McDowell of Burke, McNeill of Harnett, Meares, 
 Merritt, Mitchell, Myers, Osborne, Patterson, Penland, Petti- 
 grew, Phifer, Rhodes, Royster, Sanders, Satterthwaitc, Setzer, 
 Shipp, Smith of Halifax, Smith of Macon, Sprouse, Spruill of 
 Bertie, Spruill of Tyrrell, Strange, Thomas of Carteret, Turner, 
 Warren, Williamson, Wilson and Woodfin — 6S. 
 
 Mr. Badger moved to lay the resolutions on the table, on 
 which the yeas and nays were oidered, on motion of Mr. W'arren. 
 
 Mr. Graham called for the special orders of the day, the hour 
 for the consideration thereof having arrived, and it was agreed to. 
 
 Mr. Ferebee moved to postpone the special order for the pur- 
 pose of considering his resolution concerning a recess, and the 
 motion prevailed. 
 
 The resolution being read, 
 
 Mr. Hicks moved to strike out "20th of January," in order 
 to insert some other day. Not agreed to. 
 
 Mr. Woodfin moved to strike out, "Saturday, 14th," and 
 insert "Friday, 13th," and the motion prevailed. 
 
 Mr. Thompson offered a substitute, proposing an adjournment 
 on the 21st inst., to the close of the present war. 
 
 The President decided the substitute to be out of order. 
 
 From this decision Mr. Thompson appealed to the Convention, 
 and the question being put, the decision of the Chair was 
 sustained. 
 
 The question being on the adoption of the resolution as 
 amended, the yeas and nays were ordered, on motion of Mr. 
 Merritt, and resulted in the affirmative, yeas 53, nays 31, as 
 follows : 
 
 "iKAS — Mojssrs. Arriugton, Badger, Batchelor, Battle of Edge- 
 combe, Berry, Bond, Bunting, Cannon, Carson, Christian, Dick, 
 
58 JOURNAL OF THE [2d Sbssiox, 
 
 Dillard, Edwavds, Eller, Ellison. Ferebee, Foster of Randolph, 
 Fuller, Graham, Green, Hargrove, Hicks, Holden, Holmes, 
 Houston, Johnston, Jones of Currituck, Kelly, Leak of Anson, 
 Mann, McDowell of Burke. McNeill of Cumberland, Meares. 
 Myers, Pettigrew, llayner, Reid. Royster, Sanders, Satterth- 
 waite, Sctzer, Smith of Halifax, Sprouse, Spruill of Bertie, 
 Spruill of Tyrrell, Strange, Sutherland, Thomas of Carteret, 
 Thornton, Warren, Whitiord, Woodfin and Wooten — 53. 
 
 Nays — Messrs. Armfield, Battle of Wake, Bryson, Caldwell 
 of Rowan, Calloway, Darden, Dickson, Foster of Ashe, Gilmer, 
 Grtrrell, Hamlin, Headen, Jones of Rowan, Joyce, Kittrell, 
 Leak of Richmond, Long, Manning, Merritt, Mitchell, Osborne, 
 Patterson, Penland, Phifer, Rhodes, Shipp, Smith of Macon, 
 Thomas of Jackson, Thompson, Williamson and Wilson — 3L 
 
 Mr. Satterthwaite moved to reconsider the last vote, and the 
 motion was not agreed to. 
 
 Mr. Satterthwaite moved to further postpone the special orders 
 of the day, for the purpose of taking up and considering a 
 resolution to send a Commissioner to Richmond to confer with 
 the Confederate authorities in regard to the payment of the 
 Confederate taxes by the State ; and the motion prevailed. 
 
 The resolution was then read. 
 
 Mr. Ellison offered a substitute, requiring our Representatives 
 in Congress to confer with the Confederate authorities, instead 
 of sending a Commissioner, and it Avas not agreed to. 
 
 Mr. Satterthwaite then moved to fill the blank in the resolu- 
 tion with the name of 1). D. Ferebee, Esq., and the motion 
 prevailed. 
 
 The question was then on the adoption of the resolution, on 
 which the yeas and nays were ordered, on motion of Mr. Ellison, 
 and resulted in the affirmative, yeas 55, nays 22, as follows: 
 
 Yeas — Messrs. Arrington, Batchelor, Battle of Wake, Berry, 
 Bond, Brodnax, Bryson, Bunting, Calloway, Cannon, Christian, 
 Cunningham, Darden, Dick, Dickson, Dillard, Edwards, Eller, 
 Foster of Aslie, Graham, Hargrove, Headen, Hieks, Holden, 
 Holmes, Johnston, Jones of Currituck, Jones of Rowan, Kit- 
 trcll. Leak of Anson, Leak of Hiehimnid, Long, Mann, Meares. 
 
1861.] STATE CONVENTION. 59 
 
 Merritt, Mitchell, Osborne, Patterson, Pettigrew, Reid, Rhodes, 
 Royster, Sanders, Satterthwaite, Setzer, Smith of Halifax, 
 Smith of Macon, Speed, Sprousc, Spruill of Bertie, Spruill of 
 Tyrrell, Thomas of Carteret, Thornton, Warren, Williamson 
 and Wilson — 55. 
 
 Nays — Messrs. Armfield, Badger, Cakhvell of Rowan, Elli- 
 son, Foster of Randolph, Gilmer, Gorrcll, Hamlin, Houston. 
 Joyce, Kelly, McDowell of Burke, McNeill of Cumberland, 
 Penlund, Rayner, Shipp, Strange, Thomas of Jackson, Thomp- 
 son, Turner, Woodfin and Wooten — 22. 
 
 The President announced an invitation from W. J, Palmer, 
 Principal of the Asylum for the Deaf and Dumb and the Blind, 
 to the Convention, to attend an exhibition at that institution 
 to-night, at 7 o'clock, which was read at the Clerk's desk. 
 
 Mr. Battle, of Wake, moved the appointment of an addition;i.1 
 member on the committee of enrollments. 
 
 The motion was agreed to, and the President appointed Mr. 
 Pettigrew on said committee. 
 
 The President announced Messrs. Warren, Rayner and 
 Meares, to constitute the select committee on the resolution in 
 favor of Dr. William E. Pool. 
 
 On motion of Mr. Headen, the Convention adjourned to ten 
 o'clock to-morrow morning. 
 
 IN CONVENTION, S.^tueday, December 7, 1861. 
 
 The President called the Convention to order pursuant to 
 adjournment. Prayer by the Rev. Mr. Lansdale, of the Bap- 
 tist Church. 
 
 The journal of yesterday was read and approved. 
 
 Mr. Mitchell presented the credentials of A. M. Bogle, dele- 
 gate elect from Alexander county, to fill the vacancy caused 
 by the death of A. C. Stewart, which were read, and Mr. Bogle 
 took his scat in the Convention. 
 
 Mr. Shipp presented a memorial from cttizens of Henderson 
 county, praying a repeal of the Stay Law, which was read and 
 referred to the committee on the Stay Law, 
 
60 JOURNAL OF THE [2d Session, 
 
 Mr. Battle, of Wake, from the committee on Enrollments, 
 reported as correctly enrolled, the following ordinances and 
 resolutions, and the same were ratified in open Convention by 
 the signature of the President and attestation of the Secreta- 
 ries, viz : 
 
 A resolution of thanks to the oflficers and soldiers for gallant 
 conduct in defending Hattoras. 
 
 A resolution appointing Dennis D. Ferebee Commissioner to 
 Richmond. 
 
 An ordinance to amend the second section of the fourth 
 article of the amendments to the Constitution. 
 
 A resolution to transfer certain military companies to Col. W. 
 J. Green. 
 
 An ordinance to provide for amending the forty-sixth section 
 of the Constitution of this State in regard to taking the yeas 
 and nays in either house of the General Assembly. 
 
 Resolutions of confidence in our cause of war, and in the 
 President and army. 
 
 An ordinance concerning the repeal of the 14th chapter of 
 the acts of the second extra session of 1861. 
 
 Resolution on taking a recess. 
 
 / Resolution requesting our Senators and Representatives in 
 
 Congress to vote for an increase of the pay of soldiers. 
 
 An Ordinance to transfer certain companies to Col, W. J. 
 Green. 
 
 An Ordinance in regard to a supply of Salt. 
 
 Mr. Graham offered a resolution granting leave of absence to 
 the Assistant Secretary of the Convention, for Monday and 
 Tuesday next; which was adopted under a suspension of the 
 rules. 
 
 Mr. Warren, from the t^eiect committee on the resolution in 
 favor of Dr. Wm. E. Pool, reported back the resolution, recom- 
 mending its passage : and the rules being suspended, the 
 resolution passed its several readings and was ordered to be 
 enrolled. 
 
 Mr. Gilmer introduced a resolution instructing the finance 
 committee to inquire concerning the expediency of making some 
 
1861.] STATE CONVENTION. 61 
 
 disposition of the State's interest in the Cape Fear and Deep 
 River Improvement ; which was adopted under a suspension of 
 the rules. 
 
 The following ordinances and resolutions, which have had 
 their day under the rule, were taken up and disposed of as 
 indicated : 
 
 A resolution concerning the manufacture of Oil Cloth, read 
 and adopted, as follows : 
 
 Resolved^ That a committee of three be appointed to inquire 
 into the expediency of extending encouragement to the manu- 
 facture of Oil Cloth in this State, and that they report by 
 ordinance or otherwise. 
 
 An ordinance for the suppression of distilleries, was read, and 
 on motion of Mr. Satterthwaite, laid upon the table. 
 
 Mr. Calloway moved to take up his resolution respecting the 
 office of Governor, and refer the same to the committee on the 
 Executive Department, and it was agreed to. 
 
 The resolution to give soldiers rations of spirits, was read the 
 second time. 
 
 Mr. Osborne moved to lay the resolution on the table, and it 
 was not agreed to. 
 
 The question was then put on its passage, and it passed the 
 second reading. 
 
 The resolution for appointing a committee of five to inquire 
 concerning the public printing, and the distribution of the Acts 
 of the General Assembly, was read the second time, and adopted, 
 ayes 35, noes 28. 
 
 The resolution to send a Commissioner to the seacoast to 
 gather information in regard to the manufacture of salt, was 
 read, and, on motion of Mr. Kittrell, laid upon the table. 
 
 The resolution for the establishment of a hospital at Elizabeth 
 City was redd the second time. 
 
 Mr. Rayner offered an amendment, leaving the establishment 
 of the hospital to the discretion of the Surgeon General, and 
 the amendment was agreed to. 
 /^ The special order of the day, being the ordinance to define 
 "" and punish sedition, was taken up. 
 
^■2 JOURNAL OF THE [2u Sbs,«ion, 
 
 Mr. Graham moved itf» indefinite postponement. 
 
 Mr. Badger moved to lay it on the table, on which the yeas 
 and nays were ordered, on motion of Mr. Graham, and resulted 
 in the negative, yeas 34, nays 52, as follows : 
 
 Yeas — Messrs. Badger, Battle of Edgecombe, Bogle, Brod- 
 nax, Bunting, Caldwell of Rowan, Dickson, Dillard, Edwards, 
 Fuller, Green, Hargrove, Hicks, Holmes, Houston, Kelly, 
 Mitchell, Osborne, Patterson, Penland, Pettigrew, Rayner, 
 Reid, Rhodes, Royster, Strange, Thompson, Thornton, Ward. 
 Williamson, Woodfin and Wooten — 34. 
 
 Nays — Messrs. Armficld, Arrington, Barnes, Batchelor, Bat- 
 tle of Wake, Berry, Bond, Bryson, Cnlloway, Cannon, Carson, 
 Christian, Darden, Dick, Eller, Ellison, Foster of Ashe, Foster 
 of Randolph, Gilmer, Gorrell, Graham, Hamlin, Headcn, Hol- 
 den, Johnston, Jones of Currituck, Jones of Rowan, Kittrell, 
 Leak of Anson, Leak of Richmond, Long, Manning, Meares, 
 Merritt, Myers, Phifer, Sanders, Satterthwaite, Setzer, Shipp, 
 Smith of Halifax, Smith of Macon, Speed, Sprouso, Spruill of 
 Bertie, Spruill of Tyrrell, Sutherland, Thomas of Carteret, 
 Warren, Whitford and Wilson — 52. 
 
 The question then recurred on the motion of Mr. Graham 
 to postpone indefinitely, pending the consideration of which, 
 
 The President announced the following committees : 
 
 On the resolution concerning the manufacture of Oil Cloth— ^ 
 Messrs. Holden, Strange and Jones of Rowan. 
 
 On the resolution of inquiry concerning the distribution of 
 the Acts of the Creneral Assembly — Messrs. Setzer, Jones of 
 Currituck, Penland, Allison and Spruill of Tyrrell. 
 
 Then, on motion of Mr. Rayner, the Convention adjourned 
 to 10 o'clock, Monday morning. 
 
 IN CONVENTION, Monday, December 9, 1861. 
 
 The Convention was called to order by the President pursuant 
 to adjournment. Prayer by the Rev; J. M. Atkinson, of the 
 Presbyterian Church. 
 
 The journal of Saturday was read and approved. 
 
1861.] STATE CONVENTION. 63 
 
 The President informed the Convention that he had complied 
 with their order to forward to our Representatives in Congress 
 the resolutions of coniidencc in the justice of our cause of war, 
 and in the President and army. 
 
 Mr. Strange presented a petition from citizens of New Han- 
 over against distilleries, which was read and referred to the 
 committee on Distilleries. 
 
 Mr. Mitchell presented a memorial from citizens of Iredell 
 asking a modification of the Stay Law, which was read and 
 referred to the committee on the Stay Law. 
 
 Mr. SattcrthAvaite, from the select committee to whom was 
 referred a resolution concerning the disbursement of the public 
 money, reported an ordinance to continue the Board of Claims, 
 and to enlarge the duties And powers of the same, which passed its 
 first reading, and together with the report, ordered to be printed. 
 Mr. Mitchell introduced an ordinance to repeal certain sections 
 of an act of the General late Assembly, to alter the jurisdic- 
 tion of the Courts and the rules of pleadings therein, which 
 was read and referred to the committee on the Judiciary De- 
 partment. 
 
 Mr. Hicks introduced an ordinance to re-construct certain 
 bridges on the Western Turnpike Road — read first time and 
 lies over under the rule. 
 
 Mr. Battle, of Wake, introduced a resolution instructing the 
 Military Committee to inquire into the propriety of exempting 
 Clerks of the County Courts from periodical drills of the 
 militia, which was read and lies over under the rule. 
 
 Mr. Reid introduced an ordinance for increasing the salaries 
 of the Public Treasurer and Comptroller, which was' read and 
 lies over for consideration. 
 
 The following ordinances, &c., heretofore introduced were 
 taken up and disposed of as indicated : 
 
 A resolution to furnish maps for the use of the Convention — 
 read the second time and laid upon the table. 
 
 An ordinance to authorize the Public Treasurer to employ 
 an additional clerk, was read the second time and ordered to a 
 third reading. 
 
64 JOURNAL OF THE [-Zd Session, 
 
 Mr. Iluffin moved to suspend the rules and put the ordinance 
 now on its third reading. The motion prevailed, and it was 
 read the third time. 
 
 Mr. Ruffin moved to amend, by extending the authority to 
 the Comptroller of Public Accounts, and the amendment was 
 agreed to. 
 
 As thus amended, the ordinance passed the third reading, 
 and was ordered to be enrolled. 
 
 Mr. Headen moved to take up his resolution to raise a com- 
 mittee of five to report in regard to the property of alien ene- 
 mies. The motion prevailed, and the resolution was read and 
 adopted. 
 
 The unfinished business, being the ordinance to define and 
 punish sedition, Avas then taken up, the question being on the 
 motion to indefinitely postpone. 
 
 Mr. Woodfin moved to postpone the consideration of the sub- 
 ject for half an hour, and it was agreed to. 
 
 Mr. Gilmer moved to take up the ordinance to incorporate 
 the Piedmont Railroad Company. The motion prevailed, and 
 the ordinance was read the second time, and passed the second 
 reading. 
 
 The consideration of the unfinished business was resumed. 
 After some time spent in the discussion thereof, 
 Mr. Badger moved to postpone its further consideration and 
 make it the special order for to-morrow at 11 o'clock, and it was 
 agreed to. 
 
 The resolution discountenancing party spirit was then taken 
 up ; the question being on a motion to lay on the table, on which 
 the yeas and nays having been heretofore ordered, were now 
 recorded, and resulted in the afiirmative, yeas 47, nays 43, as 
 follows : 
 
 Yeas — Messrs. Badger, Batchelor, Battle of Edgecombe, 
 Bogle, Brown, Calloway, Carson, Cunningham, Darden, Dick- 
 son, Dillard, Edwards, Fuller, Hargrove, Hicks, Holmes, 
 Johnston, Jones of Currituck, Jones of Rowan, Kelly, 
 Lyon, McDowell of Burke, McDowell of Madison, McNeill of 
 Cumberland, Merritt, Mitchell, Moody, Osborne, Patterson, 
 
1861.] STATE CONVENTION. 65 
 
 Penland, Rayuer, Rcid, Rhodes, Ruffin, Scheiick, Setzer, Smith 
 of Halifax, Strange, Strong, SuthcrLind, Thompson, Thornton, 
 Turner, Ward, Williamson, Woodfin and Wooten— 47. 
 
 Nays — Messrs. Arrington, Barnes, Battle of Wake, Berry, 
 Bond, Bryson, Cannon, Christian, Dick, Douthitt, Eller, Ellison, 
 Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, Graham, 
 Hamlin, Iloaden, Holden, Houston, Joyce, Leak of Richmond, 
 Long, Mann, Manning, Mebane, Myers, Phifer, Sanders, Sat- 
 terthwaite, Shipp, Smith of Johnston, Smith of Macon, Speed, 
 Sprouse, Spruill of Bertie, Spruill of Tyrrell, Thomas of Car- 
 teret, Warren, Washington, Whitford and Wilson — 43. 
 
 Mr. Sanders moved to take up his resolution fixing the hours 
 of the daily sessions, and it "was agreed to. 
 
 Mr. Battle, of Wake, moved to substitute "7" for "4" P. M., 
 for meeting in afternoon, and it was not agreed to. 
 
 The question was then put on the passage of the resolution, 
 on which the yeas and nays were ordered, on motion of Mr. 
 Sanders, and resulted in the affirmative, yeas 79, nays 12, as 
 follows : 
 
 Yeas — Messrs. Arrington, Barnes, Batchelor, Battle of Wake, 
 Berry, Bond, Brodnax, Brown, Bryson, Calloway, Cannon, Car- 
 son, Christian, Cunningham, Darden, Dick, Dickson, Dillard, 
 DoHthitt, Eller, Ellison, Foster of Ashe, Foster of Randolph, 
 Fuller, Gilmer, Gorrell, Graham, Hamlin, Hargrove, Headen, 
 Hearne, Hicks, Holden, Holmes, Houston, Jones of Currituck, 
 Jones of Rowan, Joyce, Leak of Anson, Leak of Richmond, 
 Long, Lyon, Mann, Manning, McDowell of Burke, McDowell 
 of Madison, Mcares, Mebane, Merritt, Mitchell, Moody, Myers, 
 Patterson, Phifer, Reid, Rhodes, Sanders, Satterthwaite, 
 Schenck, Setzer, Shipp, Smith of Halifax, Smith of^Johnston, 
 Smith of Macon, Speed, Sprouse, Spruill of Bertie, Spruill of 
 Tyrrell, Sutherland, Thomas of Carteret, Thompson, Turner, 
 Ward, Warren, Washington, Whitford, Williamson, Wilson 
 and Woodfin — 79. 
 
 Nays— Messrs. Badger, Battle of Edgecombe, Bogle, Ed- 
 wards, McNeill of Cumberland, Osborne, Penland, Ruffin, 
 Strange, Strong, Thornton and Wooten — 12. 
 
66 JOURNAL OF THE [2d Session, 
 
 The, ordinance to suppress oppressive speculation was then 
 taken up, the pending question on its passage upon the second 
 reading, on -wliich the yeas and nays were ordered, on motion 
 of Mr. Battle, of Wake. Before the vote was recorded, 
 
 Mr. Green offered an amendment to prevent the distillation 
 of corn and wheat into whisky, and it was not agreed to. 
 
 Mr. Badger moved to re-consider the last vote, and the mo- 
 tion prevailed. 
 
 The (Question then recurred on the amendment, on which the 
 yeas and nays were ordered, on motion of Mr. Green. Before 
 the vote was recorded, 
 
 The President announced, as the select committee to inquire 
 concerning the property of alien enemies: Messrs. Headen, 
 Strong, Thompson, Bogle and Sutlierland. 
 
 And then, on motion of Mr. Speed, the Convention adjourned 
 to 10 o'clock to-morrow mornins;. 
 
 IN CONVENTION, Tuesday, December 10, 1861. 
 
 The President called the Conversion to order pursuant to 
 adjournment. Prayer by the Rev. Henry Hardie, of the Pres- 
 byterian Church. 
 
 The journal of yesterday was read and approved. 
 
 Mr. Foy presented a petition from citizens of Jones county, 
 praying a repeal of the Stay Law, and for the constitutional 
 organization of the Supreme Court, and moved that that part of 
 the petition relating to the Stay Law be referred to the com- 
 mittee on the Stay Law, and that part relating to the Supreme 
 Court be referred to the committee on the Judiciary Depart- 
 ment, and it was so or<^ered. 
 
 Mr. Thompson presented a petition from citizens of Wilson 
 county, praying tlie repeal of the Stay Law, which Avas read 
 and referred to the committee on the Stay Law. 
 
 By Mr. Douthitt, a petition from citizens of Davidson, on 
 the same subject, which was referred to the same committee. 
 
1861.] STATE CONVENTION. 67-rv' 
 
 Mr. Manning, from the committee on the Coalfields Railroad, 
 reported an ordinance to amend an act of the late session of 
 the General Assembly, to complete the Western North Carolina 
 Railroad, which passed its first reading. 
 
 Mr, Osborne introduced an ordinance to punish treason, 
 which passed the first reading. * 
 
 Mr. Leak, of Richmond, introduced an ordinance on the 
 subject of distilleries, which passed the first reading. 
 
 By Mr. Shipp, an ordinance in regard to certain courts held 
 by Judge French, and for other purposes, read and passed the 
 first reading. 
 
 Mr. Graham presented a petition from citizens of the county 
 of Orange, against a repeal of the Stay Law, and against fixing 
 a price upon the products of the farm, which was read and 
 referred to the committee on the Stay Law. 
 
 Mr. Schenck, from the committee on the Stay Law, made a 
 report on matters referred to that committee, and adversely to 
 a repeal of the act of the General Assembly on that subject, 
 and the report was ordered to be printed. 
 
 Mr. Rayner, from the Finance Committee, reported an ordi- 
 nance for continuing the Board of Claims, which passed the 
 first reading. 
 
 Mr. Woodfiu introduced a resolution for the establishment of 
 a Bank of the State, which passed the first reading and was 
 ordered to be printed. 
 
 Mr. Ellison, from the committee on the Bill of Rights, made 
 a report recommending certain amendments to the Bill of Rights, 
 which was ordered to be printed. 
 
 Mr. Cannon offered a resolution limiting debate in the Con- 
 vention, which lies ©ver under the rule. 
 
 Mr. Woodfin introduced an ordinance to modify and perfect 
 an ordinance passed at the present session, entitled "An Ordi- 
 nance to provide for the immediate wants of the Treasury," 
 which passed the first reading. 
 
 By Mr. Kittrell, a resolution calling on the Governor for infor- 
 mation in regard to the defenses of the State, which lies over 
 under the rule. 
 
68 JOURNAL OF THE [2d Session, 
 
 Mr. Manning introduced an ordinance to encourage tho min- 
 ing and manufacturing of Salt in the interior of the State, 
 which passed its first reading. 
 
 Mr. Manning moved to suspend the rules and put the ordi-e" 
 nance on its several readings to-day, and it was not agreed to. 
 
 Mr. Strong, from the committee on Enrollments, reported the 
 following as correctly enrolled, and the same were ratified in 
 open Convention by the signature of the President and attes- 
 tation of the Secretaries : 
 
 A resolution in favor of Dr. Wm. E. Pool ; 
 
 An ordinance to authorize the Public Treasurer to employ an 
 additional clerk, and for other purposes ; 
 
 Resolution concerning the daily sittings of the Convention ; 
 
 A resolution to transmit a copy of the Supreme Court Reports 
 to the Department of Justice of the Confederate States. 
 
 Mr. Woodfin moved that the communication of Dr. Emmons, 
 on the manufacture of Salt heretofore transmitted to the Con- 
 vention by His Excellency, the Governor, be printed for the 
 use of the Convention, and it was agreed to. 
 
 The special order, the ordinance to define and punish sedi- 
 tion, was taken up, the question being on Mr. Graham's motion 
 to indefinitely postpone. Before any action thereon, 
 
 The President announced a despatch from Dennis D. F^ere- 
 bee, Commissioner to Richmond, which was read. 
 
 Also, a communication from the Adjutant General in response 
 to a resolution of the Convention asking information in regard to 
 the volunteers from this State, which was ordered to be printed. 
 
 The hour having arrived, the Convention took a recess until 
 4 o'clock, P. M. 
 
 Afternoon Session. 
 The consideration of the ordinance to define and punish sedi- 
 tion, was resumed. The yeas and nays having been ordered on 
 Mr. Graham's motion to indefinitely postpone, were now recorded, 
 yeas 79, nays 22, as follows : 
 
1861.] STATE CONVENTION. 6f) 
 
 Yeas — Messrs. Armfiekl, Arrington, Atkinson, Badger, Bag- 
 ley, Battle of Wake, Berry, Bogle, Bond, Brodnax, Brown, 
 Bryson, Calloway, Cannon, Christian, Dick, Dickson, Dillard, 
 Douthitt, Durham, Ellcr, Ellison, Foster of Ashe, Foster of Ran- 
 dolph, Foy, Fuller, Gilmer, Gorrcll, Graham, Green, Hamlin, 
 Hargrove, Headen, Ilearne, Hicks, Holden, Houston, Jones of 
 Caldwell, Jones of Currituck, Jones of Rowan, Joyce, Kelly, 
 Kittrell, Leak of Anson, Leak of Richmond, Long, Lyon, Mann, 
 Manning, McNeill of Harnett, Meares, Mebane, Merritt, Miller, 
 Mitchell, Myers, Osborne, Patterson, Rhodes, Royster, RuflSn, 
 Sanders, Satterthwaite, Schenck, Setzer, Shipp, Smith of Hali- 
 fax, Smith of Johnston, Smith of Macon, Speed, Sprouse, Spruill 
 of Bertie, Spruill of Tyrrell, Thomas of Carteret, Turner, 
 Warren, Whitford, Williamson and Wilson — 79. 
 
 Nays — Messrs. Batchelor, Cunningham, Darden, Edwards, 
 Holmes, Johnston, McDowell of Burke, McDowell of Madison, 
 McNeill of Cumberland, Moody, Moseley, Penland, Rayner, 
 Reid, Strange, Strong, Thompson, Thornton, Ward, Williams, 
 AVoodfin and Wooten— 22. 
 
 Then, on motion of Mr. Badger, the Convention adjourned to 
 10 o'clock to-morrow morning. 
 
 IN CONVENTION, Wednesday, December 11, 1861. 
 
 The President called the Convention to order pursuant to 
 adjournment. Prayer by Rev. Mr. Broaddus, of the Baptist 
 Church. 
 
 The journal of yesterday was read and approved. 
 
 Mr. Setzer, from the committee on the resolution concerning 
 the distribution of the Acts of the General Assembly, reported 
 that the committee had information that the Acts were nearly 
 ready and would soon be distributed according to law, and asked 
 to be discharged from the further consideration of the subject. 
 
 The report was received and the committee discharged. 
 
 Mr. Strong, from the committee on enrollments, reported as 
 correctly enrolled, *' an ordinance to provide for the raising of 
 
70 JOURNAL OF THE [2d Session, 
 
 money for the support of Government, and for the issuc]of Treas- 
 ury notes for the purpose of paying the public debt, purchasing 
 supplies for the military forces employed for defense in the 
 present war, and for other purposes," and the same was ratified 
 in open convention by the signature of the President, and attested 
 by the Secretaries. 
 
 Mr. Rayncr introduced an ordinance to define and punish 
 treason, which passed the fii'st reading. 
 
 Mr. Smith, of Halifax, from the finance committee, made a 
 report on the claims reported by the Board of Claims, recom- 
 mending that the same be allowed, excepting Nos. 83, 131, 135 
 and 136, and asking further time to consider claim No. 90. 
 
 Mr. Smith moved to suspend the rules and consider the report 
 to-day, but afterAvards withdrew the motion. 
 
 Mr. Rayner moved to recommit the report, with certain in- 
 structions, and it was agreed to. 
 
 Mr. Thomas, of Jackson, introduced an ordinance to amend an 
 act of the late General Assembly to raise a force for the defense 
 of the State, which passed the first reading and was referred 
 to the committee on Military Affairs. 
 
 Mr. Satterthwaite moved to take up and consider the ordi- 
 nance to continue the Board of Clainffe, and enlarge the powers 
 thereof, and it was agreed to. 
 
 The ordinance was read the second time, and on motion of 
 Mr. Satterthwaite, some verbal alterations made therein. 
 
 Mr. Rayner moved to strike out the whole ordinance and sub- 
 stitute therefor the ordinance introduced by him yesterday on 
 the same subject. 
 
 Mr. Brown moved to amend the original ordinance by striking 
 out of section 6, the words "$2500," and inserting "$2000." 
 
 Pending the discussion of this amendment, 
 
 Mr. Rayner withdrew his substitute, and it was renewed by 
 Mr. Barnes. 
 
 Mr. Gilmer moved to take up the special order, the hour 
 having arrived therefor. 
 
 Mr. Satterthwaite moved to postpone the special order, and 
 it was agreed to. 
 
1861.] STiA-TE CONVENTION. 71 
 
 The consideration of the amendment of Mr. Brown was then 
 resumed, and the amendment adopted. 
 
 The question was then, on the substitute offered by Mr. Barnes, 
 on which the yeas and nays were ordered, on motion of Mr. 
 Moody, and the substitute was rejected, yeas 41, nays 63, as 
 follows : 
 
 Yeas — Messrs. Barnes, Batchelor, Battle of Edgecombe, 
 Bogle, Cunningham, Darden, Dillard, Durham, Edwards, Foy, 
 Gorrell, Green, Hargrove, Hicks, Holmes, Jones of Currituck, 
 Kelly, Lyon, McDowell of Burke, McDowell of Madison, 
 McNeill of Cumberland, McNeill of Harnett, Merritt, Miller, 
 Moody, Moseley, Osborne, Patterson, Reid, Rhodes, Royster, 
 Ruffin, Schenck, Setzer, Thomas of Jackson, Thompson, Turner, 
 Ward, "Williams, Woodfin and Wooten — 41. 
 
 Nays-— Messrs. Allison, Armfield, Arrington, Atkinson, 
 Badger, Battle of Wake, Berry, Bond, Brodnax, Brown, Bryson, 
 Calloway, Cannon, Carson, Christian, Dick, Dickson, Douthitt, 
 EUer, Ellison, Foster of Ashe, Foster of Randolph, Fuller, Gil- 
 mer, Graham, Hamlin, Hearne, Holden, Houston, Johnston, 
 Jones of Caldwell, Jones of Rowan, Joyce, Kittrell, Leak of 
 Anson, Leak of Richmond, Long, Mann, INIanning, Meares, 
 Mebane, Mitchell, Myers, Penland, Phifer, Rayner, Sanders, 
 Satterthwaite, Shipp, Smith of Halifax, Smith of Johnston, 
 Smith of Macon, Speed, Sprouse, Spruill of Bertie, Spruill of 
 Tyrrell, Strange, Strong, Thomas of Carteret, Thornton, Warren, 
 Williamson and Wilson — 63. 
 
 • Mr. Rayner moved to ameiid the ordinance by adding to the 
 first section the words, "silfbject, however, to any provisions 
 hereafter made by this 'Convention previous to the time men- 
 tioned," and it was agreed to. 
 
 Mr. Ellison moved to amend the second section by adding, 
 after the word "Treasury," the words, "upon the draft of the 
 Governor," and it was not agreed to. 
 
 Mr. Lyon moved to strike out the annual salary of the Com- 
 missioners, and insert a provision to pay them six dollars per day 
 while actually engaged in the duties of their office, and it was 
 not agreed to. 
 
 34 
 
72 JOURNAL OF THE [2d Session, 
 
 The question was then on the passage of the ordinance on 
 the second reading, on which the yeas and nays were ordered, 
 on motion of Mr. Satterthwaite, and resulted in the affirmative, 
 yeas 96, nays 8, as follows : 
 
 Yeas — Messrs. Allison, Armfield, Arrington, Atkinson, Bad- 
 ger, Bagley, Barnes, Batchelor, Battle of Edgecombe, Battle of 
 Wake, Berry, Bogle, Bond, Brodnax, Brown, Bryson, Calloway, 
 Cannon, Carson, Christian, Cunningham, Darden, Dick, Dickson, 
 Dillard, Douthitt, Durham, Edwards, Eller, Ellison, Foster of 
 Ashe, Foster of Randolph, Foy, Fuller, Gilmer, Gorrell, Graham, 
 Green, Hamlin, Hargrove, Headen, Hearne, Hicks, Holden, 
 Holmes, Houston, Howard, Johnston, Jones of Caldwell, Jones 
 of Currituck, Jones of Rowan, Joyce, Kelly, Kittrell, Leak of 
 Anson, Leak of Richmond, Long, Lyon, Mann, Planning, 
 McDowell of Madison, McNeill of; Harnett, ]\Ieares, Mebane, 
 Merritt, Miller, Mitchell, Myers, Osborne, Patterson, Penland, 
 Phifer, Rayner, Rhodes, Royster, Ruffin, Sanders, Satterthwaite, 
 Schenck, Setzer, Shipp, Smith of Halifax, Smith of Johnston, 
 Smith of Macon, Speed, Sprouse, Spruill of Bertie, Spruill of 
 Tyrrell, Strange, Strong, Thomas of Carteret, Thornton, Turner, 
 Ward, Warren, AVilliamson, Wilson and Wooten — 96. 
 
 Nays — Messrs. McDowell of Burke, McNeill of Cumberland, 
 Moody, Moseley, Reid, Thompson, Williams and Woodfin — 8. 
 
 Mr. Badger moved to suspend the rules and give the ordinance 
 its third reading to-day, and it was agreed to. 
 
 It was then read the third time, passed, and ordered to be 
 enrolled. ^ 
 
 The hour having arrived, the ^Convention took a recess until 
 4 o'clock. 
 
 Afternoon Session. 
 Mr. Green moved to postpone the special order, to take up 
 and consider his ordinance to elect a Governor to fill the vacancy 
 occasioned by the death of Hon. John W. Ellis, and it was not 
 agreed to. 
 
1861.] STATE CONVENTION. 73 
 
 Mr. Smith, of Halifax, from the committee of finance, reported 
 an ordinance in favor of Claims allowed by the Board of Claims, 
 which passed the first reading. 
 
 Mr. Strange moved to amend by adding the claims of certain 
 Railroad Companies, but afterward withdrew it. 
 
 Mr. Smith, of Halifax, then moved to suspend the rules and 
 put the ordinance on its second and third readings to-day. 
 
 The motion prevailed, and the ordinance passed the second 
 and third readings, and was ordered to be enrolled. 
 
 The ordinance to prevent speculation, being the special order, 
 was then taken up, the question being on the amendment of Mr. 
 Green, to prevent the distillation of corn and wheat. 
 
 Mr. Battle, of AVake, offered an amendment to the amend* 
 ment, by adding, after the words "spirituous liquors," the 
 words, " with the intent to sell at unreasonable prices." 
 
 Mr. Gorrell moved to postpone the whole subject indefinitely, 
 on which the yeas and nays were ordered, on his motion, and 
 resulted in the negative, yeas 34, nays 68, as follows : 
 
 Yeas — Messrs. Allison, Brodnax, Brown, Bryson, Calloway, 
 Cannon, Dick, Ferebee, Foster of Randolph, Gorrell, Graham, 
 Hearne, Houston, Johnston, Jones of Caldwell, Jones of Curri- 
 tuck, Jones of Rowan, Long, Mann, Manning, McDowell of 
 Burke, Mebane, Merritt, Myers, Patterson, Penland, Phifer, 
 Reid, Satterthwaite, Setzer, Speed, Sprouse, Spruill of Bertie, 
 Thomas of Carteret, and Williamson — 34. 
 
 Nays — Messrs. Armfield, Arrington, Atkinson, Badger, Bag- 
 ley, Barnes, Batchelor, Battle of Edgecombe, Battle of Wake, 
 Berry, Biggs, Bond, Carson, Christian, Cunningham, Darden, 
 Dickson, Dillard, Douthitt, Durham, Edwards, Eller, Ellison, 
 Foster of Ashe, Foy, Fuller, Gilmer, Green, Hamlin, Hargrove, 
 Headen, Hicks, Holdcn, Holmes, Joyce, Kelly, Kittrell, Leak 
 of Anson, Leak of Richmond, Lyon, McDowell of Madison, 
 McNeill of Cumberland, McNeill of Harnett, Miller, Moody, 
 Moseley, Osborne, Rayner, Rhodes, Royster, Ruffin, Sanders, 
 Schenck, Shipp, Smith of Johnston, Smith of Macon, Strange, 
 Strong, Thomas of Jackson, Thompson, Thornton, Turner, Ward, 
 Warren, Whitford, Williams, Wilson, Woodfin and Wootcn— 68. 
 
74 JOURNAL OF THE [2d SES6io:tf, 
 
 The question on the amendment to the amendment was then 
 put and decided in the negative. 
 
 Mr. Cannon then oftered an amendment to the amendment, 
 making exception to its operation in certain cases, and it was 
 adopted, ayes 48, noes 45, by count. 
 
 Mr. Thompson moved to lay the ordinance and amendment 
 on the table, and it was not agreed to. 
 
 Mr. Merritt moved to reconsider the vote by which the 
 amendment of Mr. Cannon to the amendment of Mr. Green 
 was adopted, and the motion prevailed. 
 
 Mr. Strange moved an adjournment, and it was not agreed to. 
 
 Mr. Cannon then withdrew his amendment. 
 
 The question then recurred on Mr. Green's amendment, on 
 which the yeas and nays were ordered, on motion of Mr. Green, 
 and resulted in the negative, yeas 25, nays 77, as follows : 
 
 Yeas — Messrs. Atkinson, Badger, Biggs, Ellison, Fuller, 
 Green, Hicks, Holmes, Kelly, Kittrell, Leak of Anson, Leak 
 of Richmond, McNeill of Cumberland, Miller, Moody, Smith 
 of Macon, Strong, Thompson, Turner, Ward, Warren, Whit- 
 ford, Williams, Woodfin and Wooten — 25. 
 
 Nays — Messrs. Allison, Armfield, Arrington, Barnes, Batch- 
 elor, Battle of Edgecombe, Battle of Wake, Berry, Bond, 
 Brown, Bryson, Calloway, Cannon, Carson, Christia,n, Cun- 
 ningham, Darden, Dick, Dickson, Dillard, Douthitt, Durham, 
 Edwards, Eller, Ferebee, Foster of Ashe, Foster of Randolph, 
 Foy, Gilmer, Gorrell, Graham, Hamlin, Hargrove, Headen, 
 Hearne, Holden, Houston, Johnston, Jones of Caldwell, Jones 
 of Currituck, Jones of Rowan, Joyce, Long, Mann, Manning, 
 McDowell of Burke, McDowell of Madison, McNeill of Har- 
 nett, Mebane, Merritt, Moseley, Myers, Osborne, Patterson, 
 Penland, Phifer, Rayner, Reid, Rhodes, Royster, RuflRin, San- 
 ders, Satterthwaite, Schenck, Setzer, Shipp, Smith of Johnston, 
 Speed, Sprouse, Spruill of Bertie, Spruill of Tyrrell, Strange, 
 Thomas of Carteret, Thomas of Jackson, Thornton, Williamson 
 and Wilson— 77. 
 
 Mr. Headen oftered a substitute for the ordinance, and the 
 (question thereon being put, it was decided in the negative. 
 
1861.] STATE CONVENTION. 75 
 
 Mr. Williamson moved an aJjoui'nmerit, and it was not 
 agreed to. , 
 
 Mr. Fuller offered an amendment limiting the price of corn 
 and wheat purchased for distillation, to seventy cents per Dushel, 
 and the amendment was not agreed to. 
 
 The question was then on the passage of the ordinance on its 
 second reading, on which the yeas and nays having been pre- 
 viously ordered, were now^ recorded, and resulted in the aflSrm- 
 ativc, yeas 60, nays 89, as follows : 
 
 Yeas — Messrs. Armfield, Arrington, Atkinson, Badger, 
 Barnes, Batchelor, Battle of Edgecombe, Battle of Wake, Berry, 
 Biggs, Bond, Carson, Christian, Cunningham, Darden, Dick, 
 Dickson, Dillard, Douthitt, Durham, Edwards, Ellison, Foster 
 of Ashe, Foy, Gilmer, Green, Hamlin, Hargrove, Holdcn, 
 Holmes, Houston, Joyce, Kelly, Kittrell, Leak of Anson, Leak 
 of Richmond, Lyon, McNeill of Cumljcrland, McNeill of Har- 
 nett, Moody, Moseley, Osborne, llayner, Koyster, Ruffin, 
 Sanders, Schenck, Shipp, Smith of Johnston, Smith of Macon, 
 Sprousc, Strange, Strong, Thornton, Turner, Ward, Warren, 
 Whitford, Williams, Wilson, Woodfin and Wooten — 60. 
 
 Nays — Messrs. Allison, Broduax, Brown, Bryson, Calloway, 
 Cannon, Eller, Ferebee, Foster of Randolph, Fuller, Gorrell, 
 Graham, Headen, Hearne, Hicks, Jones of Caldwell, Jones of 
 Currituck, Jones of Rowan, Long, Mann, Manning, McDowell 
 of Burke, McDowell of Madison, Mebane, Merritt, Miller, Pat- 
 terson, Penland, Phifer, Reid, SatterthAvaitc, Setzer, Speed, 
 Spruill of Bertie, Spruill of Tyrrell, Thomas of Carteret, 
 Thomas of Jackson, Thompson and Williamson — 39. 
 
 Mr. Badger moved to suspend the rules and put the ordinance 
 on the third reading to-day, and the motion prevailed. 
 
 The ordinance then passed the third reading, ayes 56, noes 
 34, and was ordered to be enrolled. 
 
 Mr. Badger moved to reconsider the vote by which the ordi- 
 nance passed the third reading, and it was not agreed to. 
 
 Then, on motion of Mr. Badger, the Convention adjourned 
 to 10 o'clock to-morrow morninfj;. 
 
76 JOURNAL OF THE [2d Session, 
 
 IN CONVENTION, Thursday, December 12, 1861. 
 
 The President called the Convention to order pursuant to 
 adjournment. 
 
 The journal of yesterday was read and amended. 
 
 Mr. Carson, delegate from the county of Rutherford, offered 
 his resignation. 
 
 On motion of Mr. Schenck, the resignation was accepted, 
 and a writ of election ordered for the 28th of the present 
 month to fill the vacancy. 
 
 Messrs. Allison and Ferebee asked leave to have it stated on 
 the journal that had they been present they would have voted 
 in the aflSrmative on the indefinite postponement of the ordi- 
 nance to define and punish treason, which was granted, and 
 
 Mr. Biggs, in the negative on the same question, which was 
 also granted. 
 
 Mr. Osborne, from the committee on Military Affairs, to 
 whom was referred a resolution concerning militia drill, 
 reported an ordinance to regulate the drilling of the militia to 
 once in each month, exclusive of regimental drill. 
 
 Mr. Brown moved to suspend the rules and put the ordinance 
 on its several readings to-day. 
 
 The motion prevailed, and the ordinance was read the second 
 time. 
 
 Mr. Sanders moved to amend by adding the words, " except 
 by order of the Captain or commandant of the company." 
 
 Mr. Batchelor moved to lay the subject on the table, on 
 which the yeas and nays were ordered, on motion of Mr. Brown, 
 and resulted in the negative, yeas 19, nays 74, as follows : 
 
 Yeas — Messrs. Batchelor, Battle of Edgecombe, Biggs, Dar- 
 den, Fuller, Holmes, Kelly, McNeill of Cumberland, Meares, 
 Myers, Osborne, Penland, Schenck, Smith of Halifax, Strange, 
 Strong, Thompson, Thornton, "VYoodfin and Wooten — 19. 
 
 Nays— Messrs. Allison, Armfield, Barnes, Battle of Wake, 
 Berry, Bogle, Bond, Brodnax, Brown, Bryson, Calloway, Can- 
 non, Carson, Christian, Cunningham, Dick, Dickson, Dillard, 
 Douthitt, Edwards, Eller, Ellison, Foster of Ashe, Foster of 
 Randolph, Foy, Gilmer, Gorrell, Graham, Green, Hamlin, Har- 
 
1861.] STATE CONVENTION. 77 
 
 grove, Headen, Hearne, Holden, Houston, Howard, Johnston, 
 Jones of Caldwell, Jones of Currituck, Jones of Rowan, Joyce, 
 Kittrell, Leak of Anson, Leak of Richmond, Long, Lyon, 
 Mann, McDowell of Burke, McDowell of Madison, McNeill 
 of Harnett, Mebane, Mitchell, Moody, Moseley, Patterson, 
 Phifer, Rayner, Reid, Rhodes, Royster, Ruffin, Sanders, Satter- 
 thwaite, Setzcr, Smith of Johnston, Smith of Macon, Speed, 
 Sprouse, Thomas of Carteret, Warren, Williams, Williamson 
 and Wilson — 74. 
 
 The question recurred on Mr. Sanders' amendment, and it 
 was not agreed to. 
 
 The ordinance then passed the second and third readings, 
 and was ordered to be enrolled. 
 
 Mr. Gilmer introduced a resolution asking of the Governor 
 information on the subject of the Cape Fear and Deep River 
 Improvement, which was adopted under a suspension of the rules. 
 
 Mr. Osborne, from the Military Committee, reported a resolu- 
 tion to pay bounty money to the soldiers of Capt. Stevenson's 
 artillery company, and moved to suspend the rules and put the 
 resolution on its several readings. 
 
 The motion prevailed, and the resolution was read the second 
 time. 
 
 Mr. Biggs offered an amendment making the provisions of the 
 resolution general in their application. 
 
 Mr. Speed moved to re-commit the resolution with instructions. 
 
 Pending the consideration of which, the President announced 
 that the hour had arrived for the consideration of the special 
 order. 
 
 Mr. Badger moved to suspend the special order until the busi- 
 ness before the Convention shall be disposed of, and the motion 
 did not prevail. 
 
 Mr. Headen, by consent, introduced an ordinance to authorize 
 a battalion of six companies of volunteers for twelve months, 
 which passed the first reading. 
 
 Mr. Holden moved to suspend the rules and give the ordi- 
 nance its several readings to-day. The motion prevailed, and 
 the ordinance was read the second time. 
 
78 JOURNAL OF THE [2d Session, 
 
 Mr. Badger moved to strike out the last section, which pro- 
 vides for the time the ordinance shall take effect, and it was 
 agreed to. 
 
 Mr. Ruffin offered an amendment providing for the transfer 
 of the battalion to the Confederate service, which was adopted. 
 
 Mr. Meares offered an amendment authorizing the increase 
 of the battalion to a regiment, and providing for the election 
 of the proper officers thereof, and it was agreed to. 
 
 The ordinance then passed the second and third readings, 
 and Avas ordered to be enrolled. 
 
 Mr. Ferebee, Commissioner to Richmond to consult with the 
 Confederate authorities relative to the payment of the Con- 
 federate taxes, made, verbally, a partial report of the result of 
 his mission*^ 
 
 Mr.^ Stroftg, from the select committee on a resolution con- 
 cerning the lands in Haywood county belonging to alien ene- 
 mies, reported back the resolution and asked that it be referred 
 to the committee having general charge of the subject, and it 
 was agreed to. 
 
 The President announced a communication from J. Devereux, 
 A. A. G., which was read, and on motion of Mr. Badger, laid 
 upon the table. 
 
 The special order, being the ordinance to incorporate the 
 Piedmont Railroad Company, was then taken up, the question 
 being on its passage on the second reading. 
 
 Mr. Brown proposed to amend the first section, by adding, 
 after the word "Railroad," in the 10th line, the words, "at 
 the Company's Shops, in the county of Alamance." 
 
 Mr. Strange moved to postpone the further consideration of 
 the subject until the 22nd day of January, 1862, and make it 
 the special order for 12 o'clock on that day, on which the yeas 
 and nays were ordered, on motion of Mr. Gorrell. 
 
 Then, the hour having arrived, the Convention took a recess 
 till 4 o'clock. 
 
1861.] STATE CONVENTION. 70 
 
 Afternoon Session. 
 
 Mr. Strange introduced a resolution to postpone the publica- 
 tion of certain old Colonial Records, ordered by the late Gene- 
 ral Assembly, and the resolution Avas adopted under a suspen- 
 sion of the rules. 
 
 Mr. Battle, of Wake, from the committee on Enrollments, 
 reported as correctly enrolled, the follo\v^ng, which were duly 
 ratified : 
 
 An ordinance directing the payment of certain claims awarded 
 by the Board of Claims ; 
 
 An ordinance to regulate militia drills ; 
 
 An ordinance to suppress wpressivc speculation upon the 
 necessities of the people ; '^J^^ 
 
 An ordinance for continuing the board created by an ordi- 
 nance of the Convention, passed the 8th day of June, 1861, 
 entitled "An ordinance to provide for the appointment of a 
 Board of Claims," and for enlarging the powers and duties of 
 said board ; 
 
 An ordinance to authorize the raising of a battalion of six 
 companies, or a regiment of troops for twelve months. 
 
 Mr. Ruffin oifered a resolution providing for the publication 
 of the laws of the present session of the Convention in three 
 newspapers in Raleigh, and the resolution was adopted under a 
 suspension of the rules. 
 
 The consideration of the ordinance to charter the Piedmont 
 Railroad Company was then resumed, the question being on 
 the motion to postpone to the 22nd of January next, on which 
 the yeas and nays were now recorded, and resulted in the nega- 
 tive, yeas 42, nays 48, as follows : 
 
 Yeas — Messrs. Arrington, Atkinson, Barnes, Batchelor, 
 Battle of Edgecombe, Battle of Wake, Biggs, Darden, Dick- 
 son, Dillard, Edwards, Foy, Graham, Green, Hargrove, Holmes, 
 Howard, Jones of Currituck, Leak of Anson, Lyon, Mann, 
 McNeill of Cumberland, Mebane, Merritt, Moody, Moseley, 
 llayner, Royster, Sanders, Satterthwaite, Smith of Halifax, 
 35 
 
80 JOURNAL OF THE [2d Session, 
 
 Speed, Spruill of Bertie, Strange, Strong, Thomas of Carteret, 
 Thompson, Thornton, Warren, Williams and Wooten — 42. 
 
 Nays — Messrs. Allison, Armfield, Badger, Bogle, Brodnax, 
 Brown, Brysou, Caldwell of Rowan, Calloway, Cannon, Chris- 
 tian, Cunningham, Dick, Douthitt, Durham, Eller, Foster of 
 Randolph, Gilmer, Gorrell, Hamlin, Hearne, Johnston, Jones 
 of Caldwell, Jones of Rowan, Joyce, Kittrell, Leak of Rich- 
 mond, Long, Manning, McNeill of Harnett, Miller, Mitchell, 
 Myers, Osborne, Patterson, Phifer, Reid, Ruffin, Schenck, 
 Setzer, Shipp, Smith of Johnston, Smith of Macon, Sprouse, 
 Thomas of Jackson, Turner, Williamson and Wilson — 48. 
 
 Mr. Rhodes paired off. 
 
 Mr. Speed moved to adjourn, on which the yeas and nays 
 were ordered, on motion of Mr. Gilmer, and resulted in the 
 negative, yeas 21, nays 67, as follows : 
 
 Yeas — Messrs. Batchelor, Battle of Edgecombe. Dickson, 
 Edwards, Foy, Green, Holmes, Howard, Mebane, Merritt, 
 Moody, Rhodes, Satterthwaite, Smith of Halifax, Speed, 
 Strange, Strong, Thomas of Carteret, Thompson, Thornton and 
 Williams— 21. 
 
 Nays — Messrs. Allison, Armfield, Arrington, Atkinson, Bad- 
 ger, Barnes, Battle of Wake, Berry, Biggs, Bogle, Bond, Brod- 
 nax, Brown, Bryson, Caldwell of Rowan, Calloway, Cannon, 
 Christian, Cunningham, Darden, Dick, Dillard, Douthitt, Dur- 
 ham, Eller, Foster of Ashe, Foster of Randolph, Gilmer, Gor- 
 rell, Graham, Hamlin, Hargrove, Hearne, Johnston, Jones of 
 Caldwell, Jones of Currituck, Jones of Rowan, Joyce, Kittrell, 
 Leak of Anson, Leak of Richmond, Long, Lyon, Mann, Man- 
 ning, McNeill of Cumberland, McNeill of Harnett, Miller, 
 Mitchell, Moscley, Myers, Osborne. Reid, Royster, Ruffin, San- 
 ders, Schenck, Setzer, Shipp, Smith of Johnston, Smith of 
 Macon, Sprouse, Spruill of Bertie, Turner, Warren, William- 
 son and Wilson — 67. 
 
 Mr. Rayner moved to postpone the further consideration of 
 the subject until the 23rd day of January next. Pending the 
 consideration of which, 
 
1861.] STATE CONVENTION. 81 
 
 Mr. Howard moved to postpone the further consideration of 
 the subject at present, for the purpose of receiving the report 
 of D. D. Ferebee, Esq., Commissioner to Richmond, on which 
 the yeas and nays were ordered, on his motion, and resulted in 
 the affirmative, yeas Q5, nays 18, as follows : 
 
 Yeas— Messrs. Allison, Arrington, Atkinson, Barnes, Batch- 
 clor. Battle of Edgecombe, Battle of Wake, Biggs, Bond, 
 Brodnax, Brown, Bryson, Cannon, Cunningham, Darden, Dick, 
 Dickson, Dillard, Durham, Edwards, Eller, Ellison, Foster of 
 Ashe, Gorrell, Graham, Green, Hargrove, Holmes, Howard, 
 Johnston, Jones of Caldwell, Jones of Currituck, Leak of An- 
 son, Leak of Richmond, Long, Lyon, Mann, Manning, McNeill 
 of Cumberland, Mcbane, Merritt, Miller, Moody, Moseley, Os- 
 borne, Patterson, Rayner, Rhodes, Royster, Ruffin, Sanders, 
 Satterthwaite, Schenck, Setzer, Shipp, Speed, Sprouse, Spruill 
 of Bertie, Strange, Strong, Thomas of Carteret, Thompson, 
 Thornton, Warren, Williams and Wooten— 65. 
 
 Nays— Messrs. Armfield, Badger, Bogle, Caldwell of Rowan, 
 Calloway, Christian, Douthitt, Foster of Randolph, Gilmer, 
 Hamlin, Jones of Rowan, Joyce, Kittrell, Myers, Reid, Smith 
 of Johnston, Thomas of Jackson, and Wilson — 18. 
 
 The report, 'consisting of a letter of inquiry by Mr. Ferebee 
 to Hon. C. J. Memminger, Secretary of the Treasury, and his 
 answer thereto, were read, and, on motion of Mr. Biggs, was 
 laid upon the tabic and ordered to be printed. 
 
 The consideration of the Piedmont Railroad ordinance was 
 resumed, and after discussion thereof, 
 
 Mr. Sanders moved an adjournment, on which the yeas and 
 nays were ordered, on motion of Mr. Gilmer, and resulted in 
 the affirmative, yeas 41, nays 37, as follows: 
 
 Yeas— Messrs. Allison, Arrington, Atkinson, Batchelor, 
 Battle of Edgecombe, Biggs, Cannon, Darden, Dillard, Ed- 
 wards, Ellison, Ferebee, Graham, Green, Holmes, Jones of 
 Currituck, Leak of Anson, Leak of Richmond, Lyon, Mann, 
 Manning, McNeill of Cumberland, McNeill of Harnett, Me- 
 bane, Moseley, Myers, Rayner, Rhodes, Royster, Sanders, 
 Setzer, Speed, Sprouse, Strange, Strong, Thomas of Carteret, 
 Thompson, Thornton, Williams and Wooten— 41. 
 
82 JOURNAL OF THE [2d Session, 
 
 Nays — Messrs. Armficld, Bogle, Brodnax, Bro\Yn, Bryson, 
 Caldwell, Calloway, Christian, Cunningham, Dick, Douthitt, 
 Durham, Eller, Foster of Ashe, Foster of Randolph, Gilmer, 
 Gorrell, Hamlin, Hargrove, Johnston, Jones of Caldwell, Jones 
 of Rowan, Joyce, Mcrritt, Miller, Osborne, Patterson, Phifer, 
 Reid, Schenck, Shipp, Smith of Macon, Thomas of Jackson, 
 Turner, Warren, Williamson, Wilson and Woodfin — 37. 
 
 Upon the announcement of the vote the Convention adjourned 
 to 10 o'clock to-morrow morning. 
 
 IN CONVENTION, Friday, December 13, 1861. 
 
 The President called the Convention to order pursuant to 
 adjournment. 
 
 The journal of yesterday was read and approved. 
 
 The President announced a communication from J. G- Mar- 
 tin, Adjutant General of the State, Avhich was read. 
 
 Mr. Satterthwaite moved that the communication be returned 
 to the writer. 
 
 After some discussion of the subject, 
 
 Mr. RuflSn moved to lay the communication on the table, on 
 which the yeas and nays were ordered, on motion of Mr. 
 Myers, and resulted in the affirmative, yeas 58, nays 14, as 
 follows : 
 
 Yeas — Messrs. Allison, Armfield, Arrington, Atkinson, Bad- 
 ger, Barnes, Batchelor, Battle of Edgecombe, Battle of Wake, 
 Berry, Biggs, Bond, Brodnax, Brown, Caldwell, Calloway, 
 Cannon, Darden, Dick, Dickson, Douthitt, Durham, Edwards, 
 Graham, Hamlin, Hargrove, Ilolden, Holmes, Johnston, Jones 
 of Rowan, Joyce, Leak of Anson, Long, Lyon, Manning, 
 Meares, Mebane, Mitchell, Myers, Osborne, Patterson, Phifer, 
 Rayner, Reid, Rhodes, Royster, Ruffin, Sanders, Smith of Hali- 
 fax, Smith of Macon, Sprousc, Strange, Strong, Thomas of 
 Carteret, Thompson, Thornton, Turner, AVilliams and Wil- 
 son— 58, 
 
1861.] STATE COm^ENTION. 83 
 
 Nay?! — Messrs. Dillard, Gilmer, Gorrell, Kittrcll, Mosclcy, 
 Sattcrthwaite, Schenck, Sctzer, Smith of Johnston, Speed, 
 Thomas of Jackson, Warren, Williamson and Woodfin — 14. 
 
 Mr. Leak, of Anson, presented a memorial from citizens of 
 Anson county, against speculators and distillers, which -was 
 read and referred to the committee on Distilleries. 
 
 Mr. Warren, from the select committee to whom was referred 
 a memorial from citizens of Beaufort county, complaining of 
 certain grievances, made a report, which was received and the 
 committee discharged. 
 
 Mr. Warren offered a resolution in favor of the Doorkeepers, 
 which passed, under a suspension of the rules. 
 
 Blr. Graham introduced a resolution providing for a call of 
 the Convention before the 20th of January, in case it shall be 
 necessary, which also passed, under a suspension of the rules. 
 
 Mr. Strong, from the committee on Enrollments, reported 
 the following as correctly enrolled, and the same were duly 
 ratified in open Convention : 
 
 A resolution authorizing the President to call the Convention 
 together, if the public interests require it ; 
 
 A resolution in favor of the Doorkeeper and Assistant Door- 
 keepers ; 
 
 A resolution to postpone the printing of certain Colonial 
 and other records ; 
 
 A resolution in regard to the printing of the ordinances and 
 resolutions passed at the present session of the Convention ; 
 
 A resolution of inquiry as to the state and condition of the 
 Cape Fear and Deep River Improvement ; 
 
 A resolution in favor of D. D. Ferebee. 
 
 The President announced that the hour had arrived to take 
 up the orders of the day. 
 
 Mr. Osborne moved to postpone the special order, being the 
 ordinance to charter the Piedmont Railroad Company, to the 
 22nd day of Januarj-, 18G2, and the motion, after some discus- 
 sion, was agreed to. 
 
 Mr. Woodfin moved to take up the ordinance to perfect the 
 ordinance, passed at the present session, to provide for the 
 immediate wants of tho Treasury. 
 
84 .JOURNAL OF THE [2d Session, 
 
 Mr. Badger moved to lay that motion on the tabic, on which 
 the yeas and nays were ordei'cd, on motion of Mr. Smith, of 
 Halifax, and resulted in the negative, yeas 18, nays 58, as 
 follows : 
 
 Yeas — Messrs. Atkinson, Badger, Barnes, Battle of Edge- 
 combe, Battle of Wake, Berry, Brodnax, Calloway, Dickson, 
 Foy, Graham, Holden, Rhodes, RufEn, Satterthwaite, Strange, 
 Strong, Thomas of Carteret, and Williamson — 18. 
 
 Mays — Messrs. Armfield, Arrington, Batchelor, Biggs, Bond, 
 Brown, Bryson, Caldwell of Rowan, Cannon, Christian, Dar- 
 den, Dick, Douthitt, Durham, Edwards, Ferebee, Gilmer, Gor- 
 rell, Hamlin, Hargrove, Holmes, Johnston, Joyce, Leak of 
 Anson, Long, Lyon, Mann, Manning, Mebane, Moseley, Os- 
 borne, Phifer, Rayner, Reid, Royster, Sanders, Schenck, Set- 
 zer, Shipp, Smith of Halifax, Smith of Johnston, Smith of 
 Macon, Sprouse, Spruill of Bertie, Thomas of Jackson, Thomp- 
 son, Thornton, Turner, Warren, Williams, Wilson and Wood- 
 fin— 53. 
 
 The question then recurred on Mr. Woodfin's motion. 
 
 Mr. Satterthwaite moved to postpone the further considera- 
 tion of the subject until the 25th day of January next, at 12 
 o'clock, M. 
 
 Pending the consideration of this motion, (Mr. Satterthwaite 
 in the chair,) 
 
 Mr. Graham introduced the following resolution, which was 
 unanimously adopted : 
 
 Resolved^ That the thanks of this Convention are due, and 
 hereby cordiall}'^ tendered to Hon. Weldon N. Edwards, Presi- 
 dent thereof, for the dignity and urbanity with which he has 
 presided over its deliberations. 
 
 Mr. Biggs then arose in his seat and tendered his resignation 
 as a member of this Convention, to take effect on the 12th of 
 January next, and his resignation was received. 
 
 Mr. Biggs then offered a resolution for a writ of election on 
 the 12th of January next, to fill the vacancy created by his 
 resignation, and it was adopted. 
 
 Mr. Badger moved an adjournment. ^ 
 
1861.] STATE CONVENTION. 85 
 
 Mr. Spruill, of Bertie, moved a call of the House, and the 
 motion was agreed to. 
 
 Mr. Badger urged his motion as having precedence over all 
 other questions, and the President so decided. 
 
 Mr. Badger asked the yeas and nays on his motion, which 
 were ordered, and resulted, yeas 25, nays 50, as follows : 
 
 Yeas — Messrs. Atkinson, Badger, Barnes, Battle of Edge- 
 combe, Battle of Wake, Brodnax, Calloway, Dickson, Foy, 
 Graham, Holden, Holmes, Johnston, Manning, Meares, Osborne, 
 Rhodes, Ruffin, Satterthwaite, Sprouse, Strange, Strong, 
 Thomas of Carteret, Williamson and Wooten — 25. 
 
 Nays — Messrs. Armficld, Arrington, Batchelor, Berry, Biggs, 
 Bond, Brown, Bryson, Caldwell of Rowan, Cannon, Christian, 
 Cunningham, Darden, Dick, Dillard, Douthitt, Durham, Fere- 
 bee, Foster of Randolph, Gilmer, Gorrell, Hamlin, Hargrove, 
 Howard, Jones of Caldwell, Jones of Rowan, Joyce, Long, 
 Lyon, Mebane, Merritt, Moseley, INIyers, Phifer, Rayner, Reid, 
 lloyster, Schenck, Setzer, Sliipp, Smith of Halifax, Smith of 
 Johnston, Speed, Spruill of Bertie, Thompson, Thornton, 
 Turner, Williams, Wilson and Woodfin — 50. 
 
 The hour having arrived, the Convention took a recess until 
 4 o'clock. 
 
 Afternoon Session. 
 
 In pursuance of the motion adopted before the recess to-day, 
 a call of the House was had, when the following gentlemen 
 answered to their names: 
 
 Messrs. Armficld, Arrington, Badger, Batchelor, Battle of 
 Edgecombe, Battle of Wake, Berry, Biggs, Brodnax, Bryson, 
 Caldwell of Rowan, Cannon, Cunningham, Dick, Dickson, 
 Dillard, Durham, Edwards, Ferebee, Foy, Gilmer, Gorrell, 
 Graham, Hargrove, Holden, Jones of Rowan, Joyce, Long, 
 Lyon, Meares, Mebane, Mitchell, Moseley, Phifer, Rayner, 
 Reid, Rhodes, Royster, Ruffin, Smith of Halifax, Smith of 
 Johnston, Smith of Macon, Speed, Sprouse, Strange, Strong, 
 
86 JOURNAL, &c. [2d Session, 1861. 
 
 Thomas of Carteret, Tliomas of Jackson, Thompson, Thornton, 
 Warren, Williams, Wilson and Woodfin — 54. 
 
 There being no quorum present, 
 
 Mr. Graham moved that the Convention do now adjourn, on 
 which the yeas and nays were ordered, on motion of Mr. 
 Woodfin, and resulted, yeas 20, nays 29, as follows : 
 
 Yeas — Messrs. Badger, Battle of Edgecombe, Battle of 
 Wake, Berry, Cunningham, Dickson, Durham, Foy, Graham, 
 Holden, Mebanc, Rhodes, Ruffin, Smith of Johnston, Smith of 
 Macon, Speed, Sprouse, Strange, Strong and Thomas of Car- 
 teret— 20. 
 
 Nays — Messrs. Armfield, Arrington, Batchelor, Biggs, Brod- 
 nax, Caldwell of Rowan, Cannon, Dick, Dillard, Ferebee, Gil- 
 mer, Gorrell, Hargrove, Jones of Rowan, Joyce, Long, Lyon, 
 Meares, Moseley, Phifer, Rayner, Reid, Royster, Thomas of 
 Jackson, Thompson, Thornton, Williams, Wilson and Wood- 
 fin— 29. 
 
 There still being no quorum voting, / 
 
 Mr. Speed moved that the Convention do now adjourn, in 
 pursuance of the resolution heretofore adopted. 
 
 Mr. Meares moved to amend by taking a recess until this 
 evening at 7 o'clock, and it was not agreed to. 
 
 The motion of Mr. Speed was then adopted, and the Conven- 
 tion adjourned to 12 o'clock, January 20th, 1862. 
 
Pi 
 
JOTRNAL 
 
 OF 
 
 THE CONVENTION 
 
 OF THE PEOPLK Of 
 
 KORTH CAROLINA. 
 
 «Ef)itlJ ^cB^imt. 
 
 HELD IN JANUARY AND FEBRUARY, 1862. 
 
 RALEIGH : 
 Ji^O. W. riVUkUi, PHINTER TO TBJk C0NVli:NTlO^. 
 
 1802. 
 
JOURNAL 
 
 ut iiih 
 
 STATE CONVENTION 
 
 THIRD SESSION. 1862. 
 
 I.N CUKVi^NTiUiN. Monday. January 2U, 1862. 
 
 Pursuant to adjourumeni , th^ ConvtMitioii mot this day, the 
 President in the Chair. 
 
 On motion of Mr. Satterthwaite, ihe roll of members whs 
 called in order to ascertain whether a quorum wu.s present. 
 
 The following members answered to their names : 
 
 Messrs. Allison, Battle (Jt' Wake, Berry, Brown, Bryson, 
 Caldwell of Rowan, Dardt^n, Dick. Dickson. Douthitt, Durham, 
 Edwards, Foster of Randolph, Gilmer," Gorrell, Graham, Har- 
 grove, Headen, Hicks, Holdeu, Jones of Currituck, Jones of 
 Rowan; Kittrell, Leak of Richmond, Long, Manning, McNeill 
 of Cumberland, Meares, Mitchell, Pettigrew, Phifer, Raynift'. 
 Rhodes, Satterthwaite, Schenck, Smith of Johnston, Smith of 
 Macon, Speed, Strange, Thornton, Warren, Williamson, Wilson. 
 Woodfin, Wooten — 45. 
 
 No quorum being present, on motion of Mr. Brown, tlie 
 Convention adjourned until to-morrow morning, 10 o'clock. 
 
 LN CONVENTIO^^ Tuii^^DAi, January lil, 18t)2. 
 The President took the chair and called the Convention to order. 
 The journal of the last day of the last session, and the joui-- 
 il of yesterday, were read and approved. 
 
4 JOURNAL OF THE [l» Session, 
 
 D. W. Bagley, of Martin ; G. W. Michal, of Rutherford ; and 
 1), H. Starbuck, of Forsythe, elected to fill vueancies in their 
 respective counties, produced their credentials and took their 
 *«ats in the Convention. Messrs. Miclial and Starbuck were 
 present on yesterday, but for want of a quorum their credentials 
 were not received. 
 
 Mr. Mebane presented a petition from .sundry citizens of 
 Alamance County, asking the Convention to consider the pro- 
 priety of making the Company's Shops, on the North Carolina 
 Railroad, a terminus of the proposed Piedmont Railroad, which 
 was read, and on his motion referred to the committee on 
 military affairs. 
 
 ilr. Satterthwaite offered the following : ♦ 
 
 Resolved^'' That a .select committee be appointed Avhose duty 
 it shall be to inquire into the character, (quality and quantity of 
 the"goods advertised to be sold at the Market Square, in the 
 city of Raleigh, on the 23d inst., by J. Devereux, Major, 
 A. Q. M.— ascertain when and in what manner the State became 
 owner of said goods, and whether the interest of the State will 
 aot be Injured by allowing said sale to take place at the iime 
 and in the manner advertised, and that ^»aid committee report 
 ;jvt the earliest practicable moment. 
 
 On his motion, the rules' were suspended and the vesolutioxi 
 put upon itR passage and agreed to. 
 
 The President announced the following as the Committee : 
 Mes'Srs. Satterthwaite, Woodfin, Battle of Edgecombe, Petti- 
 grew and Miller. 
 
 . Mr. Brown introduced an ordinance, providing for the pay- 
 ment of bounty to the North Carolina Volunteers, who may 
 re-enlist for the term of ttvo years or the war, in the service of 
 the Confederate States, which passed the first reading and waf^ 
 referred to the committee on military affairs. 
 
 Mr. Battle, of Wake, moved that the chart t-r of the Chatham 
 
 Railroad Company be printed, and if was not agreed to. 
 
 i The unfinished business, being the motion of Mr. Satterthwaite 
 
 •/tio postpone until the 25th of January, the motion of Mr. Wood^ 
 
 /in to proceed to the consideration of the ordinance providing 
 
 ' for the isjaue of Treasury note:?, was then taken up. 
 
18fi2.1 STATK COm^ENTION. 5 
 
 Mr. Sattcrthwaite, by consent, withdrew hif motion, and the 
 rjucfition recurred on the motion of Mr. Woodfin. which vrn^ 
 »jrreed to. 
 
 Mr. RnflSn moved to rol'er the ordiuancf tc the committee on 
 finance, but at the suggestion of Mr. Badger, the motion vrns 
 changed to a reference to a select committee. 
 
 Tending the conaideration of thif motion, Mr. Speed asked 
 »nd obtained leave to offer the following resolution : 
 
 He-tolved, That Hie Excellency the Governor be requested to 
 furni.sli thin Convention any information he may have in relation 
 to the fleet of the enemy paid to be in the Sounds and at the 
 inletB of North Carolina, and to make such suggestions in 
 relation thereto as he may deem necessary for the action of thit* 
 Convention ; ^vhich wa? agreed to. 
 
 The consideration of Mr. Ruffine* motion was then resumed, 
 but was again suspended to receive a communication from Hit* 
 Excellency the Governor, in response to a resolution of the 
 Con\'ention. 
 
 And then, on motion of Mr. Foster, of Randolph, the lobbies 
 and galleries were cleared, and the Convention proceeded to sit 
 with closed doors. 
 
 After remaining some time in secret session, the doors werp 
 opened, when, 
 
 Mr. Smith of Halifax, introduced an ordinance to authorize 
 the Governor to embody a portion of the Militia of the State, 
 which passed its first reading. 
 
 On motion, the rules were suspended and the ordinance read 
 ihe second time, 
 
 Mr. Badger moved to amend by striking out the words, 
 •'during the existing war." and inserting, "for the emergency 
 xnentioned in his message of to-day," and it was agreed to. 
 
 The ordinance was further amended so as to make it conform 
 to the above amendment, and as thus amended, it passed th« 
 «econd and third readings and was ordered to be enrolled. 
 
 On motion, leave of absence for an indefinite time was grante<il 
 to Messrs. Jones, of Currituck, Pettigrew, Satterthwaite, Spe«A 
 »«i Warro«. 
 
6 JOURNAL OF THK |3d ^vmon. 
 
 On motion of Mr. Raynor. the Prpsidcut was authorized to fill 
 the vacancy in the Committee on finance, (^ansM.-l hv thf vf^igna- 
 tion of Judge Biggfr. 
 
 Mr. Strong, from the Committee on Enrollments., reported the 
 Ordinance to empower the Governor to embody a portion of the 
 militia for the defence of the State, as; correctly enrolled, and 
 the same was duly ratified. 
 
 Then, on motion of Mr. Badger, the Convention adjourned t«> 
 10 o'clock to-morrow morning. 
 
 IN CONVENTION, Wednesday, January 22, 1862. 
 
 The President took the Chair, and called the Convention to 
 order. Prayer by Bev. Dr. Mason, of the P. E, Church. 
 
 The journal of yesterday was read and approved. 
 
 The President announced that Mr. Calloway was appointed on 
 the Committee on Finance, in place of Judge Biggs. 
 
 Mr. Strange introduced an ordinance to receive ten thousand 
 volunteers for the defence of North Carolina, which passed its 
 first reading, and on his motion, was referred to the committee 
 on military afiairs. 
 
 The unfinished business of yesterday, being the motion to refer 
 the ordinance of Mr. Woodfin to a select committee, was then 
 lAken up by the Convention. 
 
 Pending the consideration of which, the houi' of 12 arrived, 
 being the hour set apart for the consideration of the ordinance 
 to incorporate the Piedmont Rail Road Company. On motion 
 of Mr. Gilmer, the same was postponed until to-morrow at 11 
 o'clock, and made the special order for that hour. 
 V, Mr. Rayner moved that the ordinance in relation to the Coal- 
 fields Railroad be made the special order for eleven o'clock 
 to-morrow. Not agreed to. 
 
 Mr. Howard moved that it be made the special order at half- 
 paat 10 o'clock to-morrow. Not agreed to. 
 
 Go motion of Mr. Badger, said ordinance wa« made the 
 ip»cial order for 12 o'clock to-morrow. 
 
1862.] STATE CO^'VENTIO^^ T 
 
 The Convention then reeumed the consideration of the question 
 pending when the hour for the special order arrived, and so con- 
 tinued until the recess. 
 
 4 CLOCK, P. M. 
 
 The Convention re-assembled, and proceeded with the consid- 
 eration of the unfinished business of the morning, the question 
 being the motion to refer. Mr. Calloway asked for the ayes 
 find noes. wInVli bolnrr ordrred, resulted :is follows — nvos" 10, 
 noes 53 : 
 
 Ayes — Messrs. Barnes, Battle of Edgecombe, Battle of Wake, 
 Berry, Bunting, Caldwell of Rowan, Calloway, Cunningham, 
 Dickson, Foster of Ashe, Headen, llolden, Holmes, Leak of 
 Richmond, Rhodes, Ruffin, Sprouso, Starbuck and Strange — 19. 
 
 Noes — Messrs. Allison, Batchelor, Bogle, Brodnax, Brown, 
 Bryson, Cannon, Dillard, Douthitt. Durham, Edwards, Eller, 
 Fuller, Gilmer, Gorrell, Hamlin, Hargrove, Hearne, Hicks, 
 Howard, Jones of Rowan, Joyce, Kelly, KittPcll, Long, Lyon, 
 Manning, McDowell of Biirke, McNeill of Cumberland, Mcbane, 
 Michal, Miller, Mitchell, Myers, Rayner, Reid, Roj'ster, San- 
 ders, Schenck, Setzer, Shipp, Smith of Halifax, Smith of John- 
 ston, Smith of Macon, Spruill of Tyrrell, Strong, Sutherland, 
 Thompson, Thornton, Williamson, Wilson, Woodfin nnd Woo- 
 ten— 53. 
 
 The question now rceurring on the passage of the ordinancc 
 its second reading, Mr. Woodfin offered the following amendment : 
 
 Strike out the second section, and insert in lieu thereof as 
 follows : 
 
 That the said ordinance be so amended as to provide and 
 require that of the whole of the Treasury notes, hereafter to be 
 issued under the provisions of said ordinance, one-half shall be 
 of the denomination of five dollars ; one fourth, of the denomi- 
 nation of ten dollars, and the remaining fourth of the denomi- 
 nation of twenty dollars, and in the course of the issuing of said 
 37 
 
8 JOURNAL OF THE [3d Sessioiv, 
 
 notes, the same relative proportions shall be observed, as near 
 as may be. "Which was agreed to. ' 
 
 Mr. Woodfin also offered the following proviso, to come in at 
 the end of the first section : 
 
 Provided^ That the ordinance shall not operate on the notes 
 issued before the passage of this ordinance ; which was agreed to. 
 
 As amended, the ordinance then passed its second reading. 
 The rules, on motion, were suspended, and the ordinance read 
 the third time. Mr. Headen called for the ayes and noes, 
 which being ordered, resulted as follows — ayes 53, noes 13 : 
 
 Ayes — Messrs. Allison, Bagley, Batchelor, Bogle, Brodnax, 
 Brown, Bryson, Caldwell, Cannon, Dick, Dillard, Douthitt, 
 Durham, Edwards, Eller, Foster of Ashe, Foster of Randolph, 
 Fuller, Gilmer, Gorrell, Hamlin, Hargrove, Hearne, Headen, 
 Hicks, Holden, Howard, Jones of Rowan, Joyce, Kittrell, Long, 
 Lyon, Manning, McDowell of Burke, McNeill of Cumberland, 
 Meares, Mebane, Michal, Miller, Myers, Phifer, Rayner, Reid, 
 Royster, Sanders, Schenck, Setzer, Shipp, Smith of Halifax, 
 Smith of Johnston, Smith of Macon, Sprouse, Spruill of Tyr- 
 rell, Sutherland, Thornton, Williamson, Wilson, Woodfin and 
 Wooten— 59. 
 
 Noes — Messrs. Barnes, Battle of Edgecombe, Battle of Wake, 
 Bunting, Calloway, Dickson, Graham, Kelly, Leak of Rich- 
 mond, Rhodes, Ruffin, Starbuck and Strange — 13. 
 
 So the ordinance passed its third reading, and was ordered 
 to be enrolled. 
 
 On motion of Mr, Brown, the Conventron adjourned. 
 
 IN CONVENTION, Thursday, January 23, 1862. 
 
 The Convention met, the President in the chair. 
 
 The journal of yesterday was read and approved. 
 
 J. M. Strong, delegate from Mecklenburg, and M. J. Mo- 
 Duffie, delegate from Cumberland, elected to fill vacancies in 
 their respective counties, presented their credentials and took 
 their Beats in the Convention. 
 
1862.] STATE CONVENTION. 9 
 
 Mr. Miller presented a memorial from the officers of the 34th 
 Regiment N. C. Volunteers, upon the subject of ardent spirits 
 and its deleterious effects on the efficiency of the army, which 
 wa3 read, and on motion of Mr. Leak, of Richmond, was refer- 
 red to a select committee. 
 
 Mr. Foster, of Ashe, presented the proceedings of the County 
 Court of his county, in relation to the 4th section of the reve- 
 nue act of the last General Assembly, which, on motion of Mr. 
 Graham, was referred to the committee on Finance. 
 
 Mr. Houston presented similar proceedings of the County 
 Court of Union County, which were referred to the same com- 
 mittee. 
 
 Mr. Long, from the committee on Mr. Satterthwaite's resolu- 
 tion concerning the sale of certain goods belonging to the State, 
 made a report, recommending that the sale be allowed to go on, 
 in which report the Convention concurred. 
 
 Mr. Strong offered the following, which was agreed to, under 
 a suspension of the rules : 
 
 Itcsolved, That the Secretary of State be authorized to allow 
 W. B. Gulick to use, in or out of the office, at his discretion, 
 the census returns of 18G0, for the space of two months, or 
 until they shall be called for by an authorized agent of the 
 Confederate States, provided the same shall not be removed 
 from the city of Raleigh, 
 
 On motion of Mr. Ruffin, the President was authorized to fill 
 the vacancy on the Judicial Committee, caused by the resigna- 
 tion of Judge Biggs. 
 
 Mr. Smith, of Macon, introduced an ordinance to provide for 
 the completion of the Western North Carolina Railroad, and 
 for other purposes, which passed its first reading, and on his 
 motion, was referred to a select -committee. 
 
 The special order was now called for, being the ordinance to 
 authorize the construction of the Peidmont Railroad. 
 
 Mr. Strong moved to postpone the same until Thursday next, 
 and make it the special order for that day at 11 o'clock. 
 
 On this question Mr. Reid asked for the ayes and noes, which 
 being ordered, resulted in the affirmative as follows: 
 
10 ^ JOURNAL OF THE [3d Session, 
 
 Ayes — Messrs. Allison, Bagley, Barnes, Batchelor, Battle of 
 Edgecombe, Battle of Wake, Berrv, BroTvn, Bryson, Bunting, 
 Caldwell, Calloway, Cannon, Dillan.l, Edwards, Ferebee, Fuller, 
 Graham, Hargrove, Hearne, Headen, Holden, Holmes, Howard, 
 Kelly, Leak of Anson, Leak of Richmond, Lyon, McDowell of 
 Burke, McDuffie, McNeill of Cumberland, Meares, Mebane, 
 Merritt, Moseley, Rayner, Rhodei% Royster, Ruflfin, Smith of 
 Halifax, Strange, Strong of Wayne, Sutherland, Thornton, 
 Williamson and Wooten — 46, 
 
 J^OES — Messrs. Brodnax, Christian, Councill, Cunningham, 
 Dick, Douthitt, Durham, Eller, Foster of Ashe, Gilmer, Gor- 
 rell, Hicks, Houston, Johnston, Jones of Caldwell, Jones of» 
 Rowan, Joyce, Kittrell, Long, Manning, Michal, Miller, Mitchell, 
 Myers, Phifer, Reid, Schenck, Setzer, Shipp, Starbuck, Strong 
 of Mecklenburg, Wilson and Woodfiu — 33. 
 
 The ordinance concerning the Chatham Coalfields Railroad 
 was then taken up, when 
 
 Mr. Rayner moved that the consideration of the same be post- 
 poned until Thursday next, and made the special order for that 
 day at 11 o'clock. 
 
 Pending the consideration of this motion, by general consent, 
 Mr. Ruffin moved that the order of the Convention for afternoon 
 sessions b^ suspended during the pres'ent and ensuing weeks, 
 and it was agreed to. 
 
 Mr. Rayner then withdrew his motion for postponing the 
 consideration of the Chatham Railroad ordinance. 
 
 Mr. Ruffin moved that the Convention do now adjourn, on 
 which the ayes and noes were ordered, on motion of Mr. Gilmer, 
 and resulted in the negative, as follows : 
 
 Ayes — Messrs. Allison, Barnes, Battle of Edgecombe, Bat- 
 tle of Wake. Brodnax, Bunting, Cannon, Dickson, Dillard, Ed- 
 wards, Fuller, Gorrell, Holden, Holmes, Howard, Johnston, 
 Jones of Rowan, Kelly, McDuffie, McNeill of Cumberland, 
 Mebane, Mitchell, Moseley, Rayner, Reid, Rhodes, Royster, 
 Ruffin, Setzer, Smith of Halifax, Strange, Strong of Wayne, 
 Sutherland. Thornton and Wooten-r-35. 
 
1862;] STATE CONVENTION. 11 
 
 Noes — Messrs. Badger, Bagley, Batchelor, Berry, Bogle, 
 Brown, Bryson, Caldwell, Calloway, Christian, Couneill, Cun- 
 ningham, Dick, Douthitt, Durham, Eller, Ferebee, Foster of 
 Ashe, Gilmer, Graham, Hamlin, Hargrove, Hearne, Headen, 
 Hicks, Houston, Jones of Caldwell, Joyce, Kittrell, Leak of 
 Anson, Leak of Richmond, Long, Lyon, Planning, McDowell 
 of Burke, Meares, Merritt, Michal, Mycr?!, Smith of Macon, 
 Starbuck, Strong of Mocklenbur^^, Williamson. Wilson and 
 Woodfin— 46. 
 
 Mr. Michal now moved to postpone the consideration of the 
 ordinance and make it the order of the day for Monday next, 
 at 11 o'clock, and it was agreed to. 
 
 And then, on motion of Mr. Badger, the Convention ad- 
 journed. 
 
 IN CONVENTION, Frid.^y, January 24, 1862. 
 
 The President took the chair and called the Convention to 
 order. Prayer by Rev. J. G, Whitfield, of the Methodist 
 Protestant Church. 
 
 Tlie journal of yestej^day was read and approved.. 
 
 The President announced the following committdw^ : 
 
 0)1 memorial of officers of the Mth Eeffiment—^le^SY^. Leak 
 of Richmond, Miller, McDuffie, Sprouse and Bagley. 
 
 On ordinance to complete the Western N. C. Railroad — 
 Messrs. Smith of Macon, Mlbane, Starbuck. Strong of Meck- 
 lenburg, and Hargrove. 
 
 On the Judicial Committee to fill vacancy, Mr. Gorrell. 
 
 The President laid before tho Convention a letter from E. AV. 
 Ward, resigning his seat as delegate from Onslow. The resig- 
 nation was accepted, and on motion of Mr, Woodfin, an elec- 
 tion ordered to fill the vacancy on the 3rd day of February. 
 
 Mr. Foster, of Ashe, presented the proceedings of the County 
 Court of his county, on the " Stay Law,"' which, on motion of 
 Mr. Mitchell, was referred to the Judiciarv Committer. 
 
 # 
 
12 JOURNAL OF THE [3d SEseioy, 
 
 Mr. Hicks introduced an ordinance in relation to certain dis- 
 loyal citizens of Madison County, which passed its first reading. 
 
 Mr. Calloway presented a resolution in relation to the Con- 
 federate Tax, which, the rules having been suspended, was 
 referred to the committee on that subject. 
 
 The ordinance to charter the Chatham ilailroad Company 
 was then taken up as the unfinished business of yesterday, and 
 put on its second reading, by sections. 
 
 The 4th section being read, on motion of Mr. Miunning, the 
 first "Jshall" in the 6th line was stricken out and " may" inserted, 
 and in the 8th line the words ''bearing interest at the rate of 
 tfix per cent, per annum." 
 
 The whole ordinance having, been read, 
 
 Mr. Strange moved that the subject be indefinitely postponed, 
 »a which motion the ayes and noes were ordered, on motion of 
 Mr. Holmes, and resulted in the negative, as follows : 
 
 Ayes — Messrs. Bagley, Battle of Edgecombe, Bunting, Cald- 
 well, Cunningham, Darden, Dickson, Dillard, Fuller, Greenlee, 
 Hargrove, Holmes, Jones of Rowan, Kelly, Lyon, McDowell of 
 Burke, McDowell of Madison, Michal, Moseley, Phifor, Rhodes, 
 Royster, Sanders, Setzer, Strange, Strong of Wayne, Suther- 
 land, Thompson, Thornton and Willij^s — 30. 
 
 No£!^|i|p3\Iessra. Allison, Badger, Barnes, Batchelor, Battle of 
 Wake, Berry, Brodnax, Brown, Bryson, Calloway, Cannon, 
 Christian, Council, Dick, Douthitt, Durham, Edwards, Eller, 
 Ferebee, Gilmer, Gorrell, Graham, Hamlin, Headen, Hicks, 
 Holden, Houston, Johnston, Joil^s of Caldwell, Joyce, Kittrell, 
 Leak of Anson, Leak of Richmond,- Long, Manning, McDuflie, 
 McNeill of Cumberland, Meares, Mebane, Merritt, Miller, 
 Mitchell, Reid, Rullin, Shipp, Smith of Halifax, Smith of John- 
 stun, Smith of Macon, Starbuck, Strong of Mecklenburg, Wil- 
 iiamston, Wilson, Woodfin and AVooten — 54. 
 
 The qaestioQ was then put and the ordinance passed the sec- 
 ond reading. 
 
 Mr. Badger introduced an ordinance tp repeal parts of.au 
 act of the General Assembly, entitled '* an act to alter the 
 
1862.] STATE CONVENTION. IS 
 
 j urisd jction of the couris and tbe^ rulesofjleadin^ therein. ' " 
 
 commonly known as the StayLaw, which passed its first reading. 
 
 And then, on motion of Mr. Badger, the Convention adjourned. 
 
 IN CONVENTION, Saturday, January 25, 18(>2. 
 
 The President took the chair and called the Convention to order. 
 
 The journal of yesterday was read and approved. 
 
 Mr. Graham presented to the Contention a document from 
 the office of the Comptroller of State, embodying^certain statis- 
 cal information, which, on his molion, was ordered to bet printed. 
 
 Mr. Darden presented a memforial from citizens of Greene 
 county upon the subject of the distillation of spirituous liquors. 
 which, on his motion, was referred to the committee on Distil- 
 leries. 
 
 Mr. Smith, of Johnston, introduced an ordinance to amend 
 the 24th section of the militia law passed by the last General 
 Assembly, which passed its first reading. 
 
 Mr. Rayner, from the committee of Finance, to whom was 
 referred the ordinance to repeal the 4th section of the Revenue 
 Law of the last General Assembly, and resolutions of Justices of 
 the Peace of several counties in relation to the same subject, 
 reported back the ordinance and recommended its passage. 
 
 Business on the calendar was then regularly taken up. 
 
 The report of the committee on amendments to the Bill of 
 Rights was, on motion of Mr. Ellison, postponed until Thursday 
 next, and made the special order for 11 o'clock. 
 
 Mr. Strong, from the committee on Enrollments, reported as 
 correctly enrolled, the Ordinance to perfect an ordinance in 
 relation to Treasury notes, and for other purposes ; also, a Re- 
 solution to allow Wm. B. Gulick to* use, on certain conditions, 
 I the Census returns of 1860, and the same were ratified in open 
 \ Convention. 
 
 \ Mr. Headen moved to take up for consideration, the ordinance 
 to encourage the manufacture of Salt in the interior of the State, 
 and it was not agreed to. 
 
14 'JOURNAL. OF THE ^ [3d Session', 
 
 Mr. Howard, from the Executive Committee, reported back 
 the ordinancG to create the office of Lieutenant-Governor, with a 
 substitute, Avhich passed its first reading and wa;* made the 
 special order for Wednesday next, at 11 o'clock. 
 
 Mr, Hicks moved to take up and consider his ordinance in 
 relation to certain disloyal persons in Madison County, and it 
 W9£ agy-eed to. 
 
 The lobbies and gallei'ies were cleared, and the ^Convention 
 proceeded to sit with closed doors. 
 
 After remaining some tiiiie in secret session, the doors were 
 again opened, when 
 
 Mr. Graham gave notice of certain amendments which he 
 would oflfer to the ordinance introduced by Mr. Badger, in rela- 
 tion to the Act of the General Assembly, ccmmonly known as 
 ; the Stay Law, which amendments were read for information, and 
 ordered to be printed. 
 
 The ordinance to charter the Chatham Railroad Company wa? 
 then taken up and read the third time. 
 
 Mr. Jones, of Rowan, moved that it be postponed until 
 Wednesday next, and made the special order for 11 o'clock on 
 that day. 
 
 Mr. Howard moved to postpone it until Wednesday next, 12 
 I o'clock, which was not agreed to- 
 
 The question was then put on the motion of Mr. Jones, of 
 Rowan, and it was adopted. 
 
 Mr. Satterthwaite gave notice that he would offer an amend- 
 ment to the ordinance, providing that the stock of the Road 
 should be pledged for the redemption of the Treasury notes 
 / proposed to be borrowed. 
 
 On motion of Mr. Badger, the ordinance in relation to the 
 Stay Law, was made the special order for Wednesday next at 
 12 o'clock. 
 
 The resolution of Mr. Thomas, of Jackson, in regard to the 
 Western North Carolina Railroad, was, on motion, referred to 
 the committee on that subject, 
 
 Mr. Ruffin offered the following, which was put on its passage, 
 under a suspension of thf rules, and adopted : 
 
1fi62.] V STATE CONVENTION. 15 
 
 Eesolved, That in aid of the Revenue, a reasonable tax ought 
 to be levied on the distillation of ardent spirits, or on the grain 
 used for distillation, and that the committee on Finance enquire 
 as to the proper mode and amount of such tax, and report an 
 ordinance for that purpose. 
 
 Mr. Mitchell offered an ordinance on the same subject, which 
 passed the first reading, and was referred to the committee on 
 Finance. 
 
 The ordinance to ratify and confirm the Acts and Judicial 
 proceedings of the Superior Courts held by His Honor, Judge 
 French, in the counties of Henderson, Buncombe, Madison and 
 Yancey, was read the second time and passed the second reading. 
 
 On motion of Mr. Woodfin, the ordinance was read the third 
 time, passed, and ordered to b« enrolled. 
 
 On motion of Mr. Badger, the Convention adjourned. 
 
 IN CONVENTION, Monday, January 27, 1862. 
 
 The Convention met, the President in the chair. Prayer by 
 Rev. J. M, Atkinson, of the Presbyterian Church. 
 
 The journal of Saturday was read and approved. 
 
 Mr. Long presented a petition from citizens of Randolph 
 county, asking that the Convention would not modify nor repeal 
 the act of the General Assembly, commonly known as the Stay 
 Law, which, on his motion, was referred to the committee on 
 the Judiciary. 
 
 Mr. Ellison introduced an ordinance to incorporate the Wash- 
 ington and Tarborough Railroad Company, which passed its 
 first reading. 
 
 The ordinance heretofore introduced by Mr. Smith, of John- 
 ston, to amend the 24th section of the militia law, passed at the 
 last General Assembly, was read the second time and referred 
 to the committee on Military Affairs. 
 
 Mr. Woodfin moved to reconsider the vote by which the Con- 
 vention passed the ordinance to ratify the acts and judicial pro- 
 ceedings of certain courts ; his object being to offer certain 
 38 
 
16 • JOURNAL OF THE [3d Session, 
 
 amendments in order to perfect the same. It was agreed to, 
 and Mr, Woodfin moved to insert "Yancey," after the word 
 ''Madison," in the second section, and the motion prevailed. 
 He moved further to amend by inserting the words, "of Yancey 
 county on the fifth Monday after the fourth Monday in Sep- 
 tember," which amendment was agreed to, and the ordinance, 
 as thus amended, was passed and ordered to be enrolled. 
 
 The spccal order for 11 o'clock, was then taken up, being 
 the ordinance to amend the Bill of Rights, and after some dis- 
 cussion thereon, on motion of ]\Ir. RuflSn, was recommitted, with 
 instructions to report an ordinance in conformity with the report 
 from the committee. 
 
 The special order for 12 o'clock, being the ordinance to 
 amend the Stay Law, was then taken up, and, on motion of 
 Mr. Badger, was referred to the Judicial Committee. 
 
 Mr. Starbuck, by consent, offered an amendment to the ordi- 
 nance, which was read for information, and referred to the 
 4^6ame committee. 
 
 The amendments heretofore proposed by Mr. Graham, were, 
 on his motion, similarly referred. 
 
 The report of the committee on Finance, recommending the 
 passage of the ordinance to repeal the 4th section of the Reve- 
 nue Act, passed by the late General Assembly, was then taken 
 up on its second reading. 
 
 The question was put on its passage upon the second reading, 
 on which the ayes and noes were ordered, on motion of Mr. 
 Thomas of Jackson, and resulted in the affirmative, as follows : 
 
 Ayes — Messrs. Allison, Atkinson, Badger, Bagley, Ba/tche- 
 lor. Battle of Wake, Berry, Bogle, Brodnax, Brown, Bryson, 
 Bunting, Caldwell, Calloway, Cannon, Christian, Councill, 
 Cunningham, Darden, Dick, Dickson, Dillard, Douthitt, Dur- 
 ham, Edwards, Eller, Ferebee, Foster of Ashe, Fuller, Gorrell, 
 Graham, Hamlin, Hearne, Headen, Hicks, Holden, Holmes, 
 Houston, Johnston, Jones of Caldwell, Jones of Rowan, Joyce, 
 Kittrell, Leak of Richmond, Long, Manning, McDuffie, McNeill 
 of Cumberland, McNeill of Harnett, Meares, Merritt, INIiller, 
 Mitchell, Moseley, Phifer, Rayner, Reid, Rhodes, Ruflin, San- 
 
1862.] STATE CONVENTION. IT 
 
 "^ 
 ders, Satterthwaite, Sctzer, Smith of Halifax, Smith of John- 
 ston, Smith of Macon, Sprouse, Spruill of Tyrrell, Starbuck, 
 Strong of Mecklenburg, Thornton, Warren, Williamson, Wil- 
 son and Wooten — 75. 
 
 Noes — Messrs. Barnes, Greenlee, Hargrove, Kelly, Leak of 
 Anson, Lyon, McDowell of Burke, McDowell of Madison, 
 Michal, Penland, Strong of Wayne, Sutherland, Thomas of 
 Jackson, and Woodfin — 14. 
 
 On motion of Mr. Badger, the rules were suspended, and the 
 ordinance was read the third time, passed, and ordered to be 
 enrolled. 
 
 The President laid before the Convention a communication 
 from His Excellency, the Governor, received through the hands 
 of Col. Spier Whitaker, aid to the Governor, transmitting a 
 letter from the Secretary of War in regard to certain bonds of 
 the State of North Carolina held by the United States, for the 
 benefit of Indians loyal to the Confederate States, recommei\ding 
 that tlie State pay the amount to the Confederate States to 
 insure the proper application of the same, which, on motion of 
 Mr. Graham, was referred to a select committee. 
 
 The President also laid before the Convention a letter from 
 Hon. A. H. Arrington, member elect to the House of Repre- 
 sentatives of the Confederate Congress, resigning his seat in 
 the Convention as delegate from Nash, to take effect on the 
 the 11th proximo, which was accepted, and on motion of Mr. 
 Satterthwaite, it was ordered that a writ of election be issued 
 to fill the vacancy on the 11th February. 
 
 Then, on motion of Mr. Badger, the Convention adjourned. 
 
 IN CONVENTION, Tuesday, January 28, 1862. 
 The Convention met, the President in the chair. Prayer by 
 Rev. Dr. Mason, of the P. E. Church. 
 The journal of yesterday was read and approved. 
 The President announced the followincj committee : 
 
If JOURNAL OF THE [Sd Session, 
 
 On the iubject embraced i)i the Jltsaaye of the Governor of 
 ifesterday — Messrs. Graham, Thornton, Dick, Moseloy and 
 Councill. 
 
 Mr. Holden, from the minority of the couimittee on the 
 modctt of amending the Constitution, presented a, report signed 
 by himself and Mr. Thompson, in favor of retaining in the 
 Constitution the legislative mode of amendment, which, on mo- 
 tion of Mr. Satterthwaite, was ordered to be printed, together 
 with the report of the majority, made at the last session of the 
 Convention. 
 \ i Mr. Ellison, from the committee on the Bill of Rights, in 
 \ obedience to the instruction of the Convention, on yesterday, 
 .reported an ordinance to amend the Bill of Rights, wliich 
 passed its first reading. 
 
 Mr. Ellison oflered the following: 
 
 JleHolvedf That the committee on Military Aftairs be instruct- 
 ed to inquire into the expediency of paying to Capt. C. P. 
 Jones' company of artillery, of Beaufort county, and all such 
 other companies as were received directly into the service of 
 the Confederate States, the same bounty authorized to be paid 
 to volunteers received by this State and report by ordinance or 
 otlierwise. 
 
 On motion, the rules were suspended, and the resolution was 
 taken up and agreed to. 
 
 Mr. Ruftin, from the Judicial Committee, to whom were re- 
 ferred an ordinance and several proposed amendments thereto, 
 touching the act of the (Jeneral Assembly, commonly known 
 as the ''Stay Law," rcjjorted said ordinance back to the Con- 
 vention, with several amendments proposed by the committee, 
 and recommended its passage. 
 
 Mr. Battle, of Wake, gave notice of an amendment to said 
 ordinance, Avhich was ordered to be printed. 
 
 Mr. Ruffin now moved that the subject be made the special 
 order after to-morrow at 12 o'clock, which was agreed to. 
 
 yir. Leak, of Richmond, from the committee on the memorial 
 of the 34th Regiment N. C. Volunteers, made a report, accom- 
 panied with an ordinance upon the subject of the distillation of 
 spirituous liquors, which passed its first reading. 
 
1862.] STATE CONVENTION. 19 
 
 Oil motion of Mr. McDuffie, the report waB ordered to be 
 printed. 
 
 The special order was now called for, being the ordinance in 
 connection with the Chatham Railroad, on its third reading. 
 
 Mr. Manning moved to strike out the 4th, 5th and 6th .sec- 
 tions, and insert in lieu thereof, a substitute, the purpose of 
 which was to perfect the same, which said amendments were 
 agreed to. 
 
 On motion of Mr. Graham, the following section was added : 
 That the said railroad may be constructed with termini at any 
 point or points in the said Coalfield region that the stock- 
 holders in said company may agree upon, with the approbation 
 of the Board of Internal Improvement.«^. 
 
 Mr. Manning, at the suggestion of Mr. Ruffin, moved the 
 following amendment, to come in at the end of the 4th section : 
 ''No addition to the deed of mortgage heretofore required to 
 be executed and delivered by said rallrniid company to the 
 State of North Oaroliiut, ^hall, by this ordinance have a lien 
 upon the estate, botli real and personal, of said company, which 
 they may now have or hereafter acquire to secure the principal 
 and interest of the bonds of the State, authorized to be issued," 
 which was agreed to. 
 
 Mr. Battle, of Wake, moved to amend as follows; "That 
 the corporate authorities of incorporated towns subscribing to 
 the capital stock of the Chatham Railroad Company, in order 
 to provide for the payment of their subscription, 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 terms, are taxable;" which 
 was agreed to. 
 
 The question now recurring upon the passage of the ordi- 
 nance as amended, its third reading, 
 
 Mr. Strong, of Wayne, called for the ayes and noes, which 
 being ordered, resulted as follows — ayes 58, noes 37 : 
 
 AyE!^ — Messrs. Allison, Armfield, Arringtun, Badger, Bag- 
 ley, Barnes, Batchelor, Battle of Wake, Bogle, Brodnax, Bry- 
 son, Caldwell, Calloway, Christian, Council!, Dick, Durham, 
 
 
20 JOURNAL OF THE [3d Session, 
 
 Edwards, Ellcr, Fcrebec, Gilmer, Gorrcll, Graham, Ilaralln, 
 Hearnc, Ileaden, Hicks, Holdeii, Houston, Johnston, Jones of 
 Cahlwcll, Jones of Rowan, Joyce, Kittrell, Leak of Anson, 
 Leak of Richmond, Long, Manning, McDowell of Madison, 
 McDufBe, McNeill of Harnett, Meares, Mebane, Merritt, Mil- 
 ler, Myers, Phifer, Reid, Rhodes, Ruffin, Satterthwaite, Setzer, 
 Smith of Halifax, Smith of Macon, Starbuck, Strong of Meck- 
 lenburg, Thompson, Warren, Wilson and Woodfin — 58. 
 
 Noes — Messrs. Berry, Brown, Bunting, Cannon, Cunning- 
 ham, Darden, Dickson, Dillard, Doutliitt, Ellison, Fuller, 
 Greenlee, Hargrove, Holmes, Kelly, Lyon, McDowell of Burke, 
 McNeill of Cumberland, Michal, Mitchell, Moseley, Penland, 
 Rayner, Sanders, Smith of Johnston, Strange, Strong of 
 Wayne, Sutherland, Thornton, Williams, Williamson and 
 Wooten— 37. 
 
 The ordinance was then ordered to be enrolled. 
 
 On motion of Mr. Badger, the title of the ordinance was de- 
 clared to be as follows : " An ordinance in addition to, and 
 amendment of, an act of the General Assembly, ratified the 
 15th of February, 1861, entitled 'An act to incorporate the 
 Chatham Railroad Company,' and to repeal aii act supplemen- 
 tal thereto, ratified the 23rd of February, 1861." 
 
 Then, on motion of Mr. Badger, the Convention adjourned. 
 
 IN CONVENTION, Wednesday, January 29, 1862. 
 
 The President took the Chair, and called the Convention to 
 order. Prayer by Rev. Thomas E, Skinner, of the Baptist 
 Church. 
 
 The journal of yesterday was read and approved. 
 
 Mr. Rayner oftered the following : 
 
 Resolved, That the Executive Committee be instructed to in- 
 quire into the propriety of so amending tlie Constitution of the 
 Stprteas to dispense with the Executive Couhcil. 
 
 3Ir. Christian introdu'(:'od an ordinance to I'^t^peal the 9th sec- 
 tion of the Cheraw and Coalfields Cha^'ter, as amended by the 
 Legislature of 1861, which passed the firsl rcaditig.'' 
 
y 
 
 y 
 
 1862.] STATE CONVENTION. 21 
 
 ^Ir. Michal offered the following : 
 
 Resolved, That from and after to-day, no ordinance or reso- 
 lution shall be introduced for the action of the Convention, 
 except it be a proposition to cliangc or amend the Constitution. 
 Lies over one day. 
 
 Mr. Smith, of Johnston, introduced an ordinance to enforce 
 certain penalties on the banks of the State in case they refuse 
 to take Treasury notes of the State, which passed its first 
 reading. 
 
 Mr. McDuflRc introduced an ordinance to effect a railroad 
 communication between Florence, S. C, and Fayetteville, N. 
 C., which passed the first reading. 
 
 The resolution heretofore introduced for inquiry as to the 
 propriety of exempting Clerks of the County Courts from ordi- 
 nary militia duty, was then taken up and not agreed to. 
 
 Mr. McDuffio offered a resolution instructing the committee 
 on Military Affairs to inquire into the propriety of a telegraph 
 line between Fayetteville and Raleigh. 
 
 Mr. Reid moved to take up the ordinance to increase the 
 salaries of the Treasurer and Comptroller, and it was agreed to. 
 
 On motion of Mr. Meares, it was amended so as to include 
 the Secretary of State, and then, on motion of Mr. Reid, was 
 referred to the committee on Finance. 
 
 The resolution declaring the sense of the Convention as to 
 the establishment of a bank owned by the State, was read the 
 second time,. and, on motion of Mr. Woodfin, made the special 
 order for IMonday next at 11 o'clock. 
 
 The resolution limiting the speeches of members having been 
 read, was, on motion of Mr. Graham, ordered to lie on the 
 table. 
 
 Mr. Woodfin presented a petition from certain citizens of 
 Mitchell county in regard to the location of the county scat of 
 said county, which, on his motion, was referred to a select com- 
 mittee. 
 
 Mr. Schenck presented counter petitions from the same 
 county on the same subject, which were referred to the same 
 committee. 
 
"22 JOURNAL OF THE [3d Session, 
 
 The resolution calling on the Governor for information in 
 regard to the defences of the State, was read, and, on motion, 
 ordered to lie on the table. 
 
 The President announced the following committee on the 
 petitions from Mitchell county: Messrs. Schenck, Greenlee, 
 Bryson, Penland and Joyce. 
 
 Mr. Strnngc offered a resolution to detail Col. W. J. Green's 
 Regiment from Wise's Legion, which lies over one day. 
 
 Mr. Foster, of Randolph, moved to suspend the rules and 
 consider the resolution at this time, and the motion prevailed. 
 
 On motion of Mr. Mehane, the resolution was laid upon the 
 table. 
 
 Mr. Mitchell offered the following : 
 
 Mesolved, That it be referred to the committee of Finance to 
 inquire and report the expenditures incurred by the State in 
 the administration of the military department of the State 
 government since the first^of April, 1861 ; and also report an 
 estimate of the expenditures that will be probably incurred 
 from now until the first day of October next, in the administra- 
 tion of the military department of the State ; also to inquire 
 and report the amount of the actual disbursements made in 
 discharge of liabilities incurred in the raising, support, clothing 
 and equipping, transporting and paying troops, and all other 
 liabilities in connection with the military department of the 
 State. 
 
 The resolution lies over one day, under the rules. 
 
 Mr. Starbuck offered the folloAving : 
 
 Resolved, That a select committee bo instructed to inquire 
 and report to the Convention, whether persons from between the 
 ages of forty-five and fifty years arc enrolled in the militia of 
 other States of this Confederacy; and, if not, whether section 
 3rd of the militia law of the last General Assembly ought not 
 to be so modified as to exempt from enrollment all persons over 
 forty-five years of age, in order that this State may not be re- 
 quired to furnish more than her proportional share of Confede- 
 rate States troops. 
 
 On motion of Mr. Barnes, the rules were suspended and th« 
 .resolution was then considered and agreed to. 
 
1862.1 STATE COm^EXTroN. 2:? 
 
 The ordinarwi'c to proviflo .1 pcnnancut school fund, nnd t<> 
 
 the second time, 
 to tlio committee 
 
 )/ equalize the distribution of the same, was read 
 / and, on motion of Mr. Satterthwaite, referred i 
 on Common Sehoole^. 
 
 The special order, heing tlie ordinance to provide for the 
 M.)fiicc of Lieutenant Goveiiior, was then called for. 
 
 Mr. Ileaden moved that it be postponed and made the special 
 order for Friday next at 11 o'clock, and it was agreed to. 
 
 Mr. Thomas, of Jackson, introduced an ordinance to carry 
 into effect existing laws for raising troops for local defence, 
 which passed the first reading. 
 
 The ordinance to equalize taxation was read the second time, 
 and, on motion of Mr. Smith, of Halifax, was laid upon the table. 
 
 The ordinance to amend and carry into effect the act of the 
 General Assembly, entitled "An act to raise a force for the 
 /defense of the State," was read the second time, and, on motion 
 of Mr. Thomas, of Jackson, ordered to lie on the table. 
 
 The ordinance to encourage the mining and manufacture of 
 salt in the intetior of this State was read the second tin]('. 
 
 Mr. Sanders offered the following amendment, to come in at 
 the end of the first section : ''Excep't in cases of insurrection, 
 invasion, or a requisition of troop's by the President of the Con- 
 federate States," which w'f(s adopted, and the ordinance then 
 passed the second reading. 
 
 On motion, the rules were suspended, and the ordinanco 
 passed the third reading, and AVas ordered to be enrolled. 
 
 The 'special orders of the day were now called for, the ques- 
 tion being on the concurrence of the Convention in the amend- 
 ments proposed by the Judicial committee. The first amendment 
 was read as follows— after the words ''fieri facias,'' in the 14th 
 line, insert, "from a CouH of record or a Court of equity," 
 and it wavS agreed to. - -^ , > T' !^^^ i v - ' -m-. ^ ' 
 
 The second amendment was read, as follows — insert after the 
 word "for" in the 19th line, the words, '^two-thirds thereof." 
 
 Mr. Satterthwaite moved that the wliolo subject be indefinitely 
 postponed. 
 
 Pending the consideration of which, on motion of Mr. Ruftin, 
 the Convention adjourned. 
 o9 
 
+ 
 
 24 JOURNAL OF THE [3d Session, 
 
 IN CONVENTION, Tuursday, January 30, U&2. 
 
 The President took the Chair and called the Convention to 
 order. Prayer by Rev. John S. Long, of the M. E. Chiirch. 
 
 The journal of yesterday >vas read and approved. 
 
 The President announced the following Committee on the 
 subject embraced in the resolution of Mr. Starbuck, passed on 
 yesterday : Messrs. Starbuck, Fcrebee, Dickson, Leak of Anson, 
 and McNeill of Harnett. 
 
 Mr. Battle, of Wake, from the committee on Enrollments, 
 reported the folloAving ordinances as correctly enrolled, and the 
 same were duly ratified : 
 
 An Ordinance to annul the 4th section of the Act passed by 
 the last General Assembly, entitled, "Revenue."' 
 
 An Ordinance to encourage the mining and manufacture of 
 Salt in the interior of the State. 
 
 An Ordinance in addition to and amendment of ;iii Act of 
 the General Assembly, ratified the 16th day of February, 1861, 
 entitled, " an act to incorporate the Chatham Railroad Com- 
 pany," and to repeal an Act supplemental thereto, ratified the 
 28d day of February, 1861. 
 
 Mr. Smith, of Macon, from the committee to whom was 
 referred a resolution in regard to the Western North Carolina 
 Railroad, reported the same back to the Convention and recom- 
 mended its adoption. 
 
 Mr. Smith, of Halifax, oflfered the following, which lies over 
 one day : 
 
 RvHolved, That the committee on Military Affairs be instructed 
 to inquire and report, in their judgment, the best means for 
 supplying with volunteers for the war, the places of the twelve- 
 months volunteers, when their terms of service shall expire; 
 and that said committee also inquire into the expediency of 
 vesting in the rank and file of the troops to be raised for the 
 war, the right to elect their Company oflicers ; and in the Com- 
 pany officers, the right to elect the field ofiicers ; that said 
 committee also take into consideration the subject of promotion 
 in the regiments from this State, jand report, in their judgment, 
 
> 
 
 1 
 
 1862.] STATE CONVENTION. 25 
 
 tliat plan of promotion which seems to be best and most just 
 both for the service and for the officers themselves : and that 
 said committee report by ordinance or otherwise at as early a 
 day as practicable. 
 
 Mr. Strange intraduced an ordinance to authorize the Public 
 Treasurer to issue Treasury notes, which passed its first readinj^. 
 On liis motion the rules were suspended for tlie pui'pose of 
 putting the ordinance on its second and third readings to-day, 
 and it passed the second reading and was read the third time. 
 Mr. Smith, of Halifax, moved to amend by striking out all 
 after the word "dollars," in the 9th line, and inserting, "Pro- 
 vided said notes shall bear no interest," which was agreed to. 
 Mr. Satterthwaite moved to amend as follows; "And said 
 notes shall be a part of, and not an addition to, the amount 
 lieretofore authorized to be issued," and it was ajrreed to. 
 
 The ordinance as amended, then passed the third reading, 
 and was ordered to be enrolled. 
 
 Mr. Ileaden introduced an ordinance to amend the Constitu- 
 tion in relation to Common Schools and the University, which 
 which passed its first reading. 
 
 Mr. Strong, of Wayne, introduced the following : 
 Jiesulved, That upon a proper construction of the Constitu- 
 tion, His Excellency, Henry T. Clark, is entitled to exercise the 
 powers of Governor of this State until his successor shall have 
 been elected by the people, and. shall "have entered upon hi.s 
 duties. 
 
 The resolution lies over one day, under the rules. 
 Mr. Sutherland offered the following, which also lies over 
 under the rules : 
 
 ResoU'ed, That the committee on Milieary Affiiirs bo in- 
 structed to inquire into the propriety of exempting all Justices 
 of tlie Peace over the age of forty-five years from the periodi- 
 cal muster drills: Provided, howeve/-, That they be not exempt 
 from service in case of a call for the militia, or a draft, and that 
 they report by or<linance or otherwise. 
 
 Mr. Thompson introduced an ordinance restoring the courts, 
 whieh passetl its first rending. 
 
36 JOURNAL OF THE f3p Session, 
 
 Oil mutiuii ul" Mr. ^Mitchell, the President ^vas authorized io 
 add two members to the committee on Distilleries, and Messrs. 
 Cannon and Phifer were appointed by the President. 
 
 The unfinished Inisiness of vessteriluy was taken uj), when 
 Mr. Reid moved that it be postponed in. order to take up the 
 tpecial order of the day — the ordinance to charter the Pied- 
 mont Railroad Company. 
 
 Mr. Badger moved to lay ihat motion on the table, on which 
 the ayes and noes were ordered, on motion of iMr. Gilmer, and 
 resulted in the affirmative,, as follows: 
 
 Ayes — Messrs. Allison, Arrington, Badger, Bagley, Barnes, 
 Battle of Edgecombe, Battle of Wake, Berry, Bogle, Bond, 
 Bunting, Calloway, Cannon, Council, Darden, Dickson, Dillard, 
 Edwards, Ellison, Foy, Fuller. Graham, Hargrove, Ilearne. 
 llolden, Holmes, Uoward, Jones of Caldwell, Jones of Rowan, 
 Kelly, Leak of Richmond, Lyon, McDowell of Burke, McDulIie, 
 McNeill of Cumberland, McNeill of narnctt. Mebane, Michal, 
 Mitchell, Moseley, Myers, P^ii^iland, Rayncr, Rhodes, Royster, 
 Ruffin, Sanders, Satterthwaite, Setzer, Smith of Halifax, Smith 
 of JSIacon, Sprouse, Spruill of Tj'rrell, Starbuck, Strange, 
 Strong of Mecklenburg, Strong of Wayne, Thompson, Thornton, 
 Turner, Warren, Williams, Woodfln and Wooten — 64. 
 
 Noes — Messrs. Batchelor, Brodnax, Brown, Bryson, Cald- 
 well, Christian, Cunningham, Dick, Douthitt, Diu-ham, Eller, 
 Foster of Ashe, Foster of Randolph, Gilmer, G orrell, Greenlee, 
 Headon. Hicks, Houston, Johnston, Joyce, Kittrell, Leak of 
 Anson, Long, Manning, Merritt, Miller, Phifer, Reid, Schenck, 
 Ship}), Smith of Johnston, Sutherland, Thomas of Jackson, 
 Washington, Williamson and Wilson — 3(5. 
 
 The Convention then resumed the consideration of the unhn- 
 ished business, being the motion of Mr. Satterthwaite to post- 
 pone indefinitely the ordinance in relation to the Stay Law. 
 After some discussion thereon. 
 
 On motion of Mr. Graham, the Convention adj<juvned. 
 
^ 
 
 1862.1 STATE CONVENTION. 27 
 
 IN CONVENTION, Friday, January 31, 1862. 
 
 The President took the chair and called the Convention to 
 order. Prayer by Rev. Henry Ilardie, of Presbyterian Church. 
 
 The journal of yesterday was read and approved. 
 
 The President asked leave to state to the Convention that he 
 was in error on yesterday, in entertaining the motion of Mr. 
 Reid, to postpone the pending question in order to proceed with 
 another question, whilst the pending question was a motion to 
 postpone indefinitely. This he states to prevent the error from 
 becoming a precedent. 
 
 Mr. Calloway presented a petition from citizens of AVilket^, 
 against the Stay Law. which w.ns referred to the committee on 
 that subject. 
 
 Mr. Hargrove introdueetl an ordinance concerning the county 
 of Granville, which passed the first reading, and, under a sus- 
 pension of the rules, was read the second time. 
 
 On motion of delegates from their respective counties, the 
 ordinance was so amended as to apply to the counties of Gaston, 
 Lincoln, Warren, Stanly and Person : and as thus amended, it 
 was referred to the committee on Finance. 
 
 Mr. Bryson introduced an ordinance to allow the Planter,^' 
 and Miners' Bank to establish agencies east of the Blue Ridge, 
 which passed the first reading. 
 
 On motion of Mr. Rayner, the resolution in regard to the 
 Council of State, was taken up and agreed to. 
 
 On motion of Mr. Christian, the ordinance heretofore intro- 
 duced by him, to repeal the 9th section of the Charter of the 
 Cheraw and Coalfields Railroad Company, was referred to a 
 .select committee. 
 
 The Presiderit announced the following to constitute the com- 
 mittee : Messrs. Christian, Leak of Richmond, Turner, Schenck 
 and Manning. 
 
 The unfinished business of yesterday was now taken up, the 
 pending question being on the motion to indefinitely postpone. 
 After considerable debate, the question was put aml^ resulted in 
 the affirmative, as follows : 
 
29 JOURNAL. OF THE {Qd Skpsion, 
 
 Aye? — Messrs. Ari-ington, Atkinson, Bagley, Batchclor, 
 13attle of Edgecombe, Bond, Bryson, Bunting, Christian, 
 Cunningham, Dardcn, Dickson, Dillard, Durham, Ellison, Foy, 
 Hargrove, Hicks, Holmes, Howard, Jones of Currituck, 
 Kelly, Leak of Anson, Lyon, McDowell of Burke, McDowell of 
 Madison, ?IcDuffie, NcNeill of Cumberland, McNeill of Harnett, 
 Meares, Mcbauc, Moseley, Myers, Pcnland, Reid, Rhodes, 
 Roj'ster, t^anders, Satterthwaito, Smith of Johnston, Smith of 
 Macon, Spruill of Tyrrell, Strange, Strong of Wayne, Suther- 
 land, Thomas of Jackson, Thompson, Thornton, Turner, Warren, 
 Williams, AVilliamston, \Yoodfiu and Woolen — 54. 
 
 Noes — Messrs. Allison, Badger, Barnes,- Battle of \Vake, 
 Berry, Bogle, Brudnax, Brown, Caldwell, Calloway, Cannon, 
 Council, Dick, Doutliitt, Edwards, Eller. Ferebee, Foster of 
 Ashe, Foster of Randolph, Gilmer, Correll, Graham, Green, 
 Greenlee, Hearne, Headen, Holden, Houston, Johnston, Jones 
 of Caldwell, Jones of Rowan, Kittrell, Leak of Richmond, 
 Long, JNIanning, Michal, Miller, Mitchell, Osborne, Phifer, Ray- 
 ncr, Ruffin, Schenck, Setzer, Shipp, Smith of Halifax, Sprouse, 
 Starbuck, Strong of Mecklenburg, Walton, Washington and 
 AVilson — .Ji\ 
 
 Mr. Rayner, from the committee on Finance,, to wliom was 
 referred an ordinance concerning Granville, and others couutiey, 
 made a report, wliicli, on motion, Avas recommitted to the com- 
 mittee. 
 
 Then, on motion of Mr. Badgea-, the Convention adjourned. 
 
 IN CONVENTION, Saturday, February 1, 18G2. 
 
 TJie President took the chair and called the Convention to 
 order. I'layer by Rev. Fv-^ilorick FitzGorald. of the P. E. 
 Church. 
 
 The journal (.1 yc-stcvday was ccad and approved. 
 
 Mr. Shipp presented a petition from sundry citizens of Tran- 
 pylvania county in relation to the boundary of said county, which 
 Avns ordered to lie on the table. 
 
1862.] STATE CONVENTION. 28 
 
 Ml'. Gtahaiu, from the Legiblative Committee, to whom were 
 referred sundry propositions to change tlie Constitution of the 
 State in relation to the General Assembly, made a report, ask- 
 ing to be discharged from the further consideration of the sub' 
 ject, and to introduce an ordinance in relation to the Legislative 
 Department of the Constitution, embracing the provisions, whicli, 
 in the judgment of the counnittce, it was expedient to ordain, 
 which said ordinance passed its first reading, antl was, on his 
 motion, made the special order for Wednesday next at 12 o'clock. 
 
 The Convention then concurred in that part of the report 
 which aske<l a discharge from the further consideration of the 
 subjects referred to it. 
 
 On motion of Mr. Ellison, tlie «.irtliijancc in relation to the 
 Bill of Rights was made the special order for Wednesday at 
 11| o'clock. 
 
 Mr. Howard, from the Ivlilitary Coumiittco, reported an ordi- 
 nance to raise and organize North Carolina's quota of Confede- 
 rate troops, which passed its first reading, and, ou his motion, 
 was made the special order for Tuesday at 11 o'clock. 
 
 On motion of Mr. Eatchelor, leave of absence was granted 
 to Mr. Smith, of Halifax, until Monday next. 
 
 On motion of Mr. Cunningham, leave of absence was granted 
 to Leonidas C. Edwards, Assistant Secretary, until Tuesday 
 next. 
 
 Mr. Rayner, from the committee on Finance, to whom was 
 referred an ordinance concerning the laying of taxes by the 
 County Courtf^, reported said ordinance, which passed the first 
 reading. 
 
 On motion, the rules were suspended and the ordinance read 
 the second time. 
 
 Mr. Howard moved that the further consideration of the ordi- 
 nance be postponed until Monday, which was not agreed to. 
 
 Mr. Ellison offered the following substitute for the ordinance 
 reported : 
 
 That the act, entitled "Revenue," passed at the last session 
 of the General Assembly, and ratified the 2od day of September, 
 A. D. lfi«^>1, be amended so as to authorise :uid roquirp n mniovirv 
 
.0 TOURNAL <>F THE [;^d Session, 
 
 of the Justices in each County to meet at the Court House in 
 the several counties in the State on the first Monday after the 
 second day of May in each and every year, unless said day 
 is changed hereafter, by the General Assembly, and proceed to 
 lay the taxes for county purposes, as required by law: That 
 the act of the General Assembly, which requires the first County 
 Courts to be held after the first day of January, in each year, 
 to lay the County taxes, and all acts conflicting with the fore- 
 going amendment, be and the same are hereby repealed. That 
 if any County Court shall have already laid their taxes, the 
 same is hereby declared to be void. 
 
 Mr. Batchelor moved to amend the amendment by striking 
 out the word ''first" before the word "Monday," in the 6th 
 line, and insert the word, "second" in lieu thereof; which was 
 not agreed to. 
 
 And then, on motion of Mr. Hargrove, tlie whole subject was 
 re-committed to the Committee. 
 
 The order of the day was now called for, being the ordinance 
 to incorporate the Piedmont Railroad Company, the pending 
 question being the amendment offered by Mr, Brown to make 
 the "Company's Shops" the point of connection with the Nortli 
 Carolina Railroad. 
 
 Mr. Kittrell moved to amend the amendment by striking out 
 the words, "Company's Shops." and insert the word, "Lex- 
 ington." 
 
 Pending the consideration of the subject. o)i motion of Mr. 
 Rayner, the Convention adjourned. 
 
 IN CONVENTION, Monday, February S, 1862. 
 
 The President took the chair and called the Convention to 
 order. 
 
 The journal of Saturday was read and approved. 
 
 Mr. Howard presented a memorial from citizens of Wilson 
 county praying the action of the Convention on the subject of 
 the distillation of grain, which, on his motion, was ordered to be 
 filed with other papers on that subject. 
 
1862.] STATE CONVENTION. 31 
 
 Mr. Rayner offered the following : 
 
 Resolved, That the committee on Finance be instructed to 
 
 ascertain, as far as practicable, and report to this Convention, 
 
 /-what course is to be pursued by the different banks of this State 
 
 V^ in regard to the Treasury notes authorized, to be issued by the 
 
 f\ General Assembly and by this Convention, as to receiving and 
 
 paying out the same at their counters. 
 
 The rules were, on his motion, suspendeil, and the resolution 
 adopted. • 
 
 Mr. Thompson introduced an ordinance in regard to the ap- 
 pointment of company officers, which passed the first reading. 
 
 Mr. Graham introduced an ordinance in relation to the ex- 
 penses by the Board of Claims, which passed its first reading. 
 Mr. Ferebee offered the following : 
 
 Resolved, That the Governor be requested to inform the Con- 
 vention, at his earliest convenience, what arrangement has been 
 Xmade with the Confederate Government for auditing the claims 
 of North Carolina against said government for expenditures 
 incurred by said State in carrying on the war ; also, the amount 
 of said claims allowed, if any. 
 
 On his motion, the rules were suspended and the resolution 
 adopted. 
 
 Mr. Osborne offered the following, which was considered, 
 under a suspension of the rules, and adopted : 
 
 Resolved, That the committee on the Judiciary be instructed 
 to inquire into the expediency of allowing Executors, Guardians, 
 Trustees and other fiduciary oflicers, who may now be in the 
 army of the Confederate States, to make such schedules and 
 other returns of their various trust funds as may be required by 
 law to be made by such Executor, &c., returnable upon oath, 
 taken before some regimental officer, or some Justice of the Peace 
 in the military district in which such Executor, &c., may be 
 situated. 
 Mr. McNeill, of Cumberland, offered the following : 
 Resolved, That this Convention will, on Monday, the 10th 
 inst., at six o'clock, p. m., adjourn ; and that the President of 
 the Convention, or, in the event of his death, the committee named 
 40 
 
32 JOURNAL OF THE [3d Sessioit, 
 
 in the resolution passed by this Body, be empowered to convene 
 this Body, before the first day of January next, if the piiblic 
 exigencies require it. 
 
 Mr. Ilayner, from the committee on Finance, to whom was 
 re-committed an ordinance relating to County taxes, reported the 
 same back with a substitute. 
 
 On motion of Mr. Leak, of Richmond, the report and ordi- 
 nance heretofore presented by him, in relation to the distillation 
 of grain, were made the special order for Monday next at 11 
 o'clock. 
 
 Mr. Batchelor offered the following : 
 
 Resolved, That the committee on Finance be instructed to 
 inquire into the expediency of so amending the Revenue Law as 
 to provide some other mode of ascertaining the value of slaves 
 than by the valuation of the owner or agents who lists said slaves. 
 
 Mr. McDuJBBe offered the following : 
 
 Resolved, That Adjutant General J. G. Martin be required, 
 as far as in his power, to furnish this Convention with a list of 
 the officers from North Carolina now in the Federal service, and 
 that this Convention take such steps as may be deemed necessary 
 to hand them down to posterity as infamous persons. 
 
 Mr. Michal moved that his resolution in relation to the subjects 
 to be considered by the Convention be taken up, and it was 
 agreed to. 
 
 Mr. Schenck moyed to amend as follows: "unless the same 
 be assented to by a majority of the Delegates present," which 
 was agreed to. 
 
 Mr. Graham moved that the subject bo laid upon the table ; 
 on which the ayes and noes were ordered, on motion of Mr. 
 Michal, and resulted in the affirmative, as follows : 
 
 Ayes — Messrs. Allison, Arrington, Atkinson, Bagley, Batch- 
 elor, Battle of Edgecombe, Battle of Wake, Berry, Bogle, Bond, 
 Brown, Bryson, Bunting, Calloway, Cunningham, Darden, Dick, 
 Dickson, Douthitt, Edwards, Eller, Ellison, Ferebee, Foster of 
 Ashe, Foster of Randolph, Foy, Gilmer, Gorrell, Graham, 
 Greenlee, Hargrove, Hcarne, Ileaden, Howard, Johnston, Jones 
 of Caldwell, Jones of Rowan, Joyce, Kelly, Kittrell, Leak of 
 
1862.] STATE CONVENTION. 33 
 
 Anson, Leak of Richmonil, Long, Mann, Manning, McDowell 
 of Madison, McDuffic, NcNeill of Cumberland, Mcares, INIcbane, 
 Mitchell, Myers, Osborne, Penland, Rhodes, Shipp, Smith of 
 Macon, Sprousc, Starbuck, Strange, Sutherland, Thomas of 
 Jackson, Thornton, Turner, Walton, Warren, Washington, Wil- 
 son and Woodfin — 69. , 
 
 Noes — Messrs. Christian, Durham, Ilicks, Jones of Currituck, 
 Michal, Miller, Phifer, Reid, Setzer, Smith of Johnsioti, Strong 
 of Wayne, Thompson, Williamson and Wootcn — 15. 
 
 Mr. Leak, of Richmond, offered the following : 
 
 Resolved, That this Convention do adjourn over on Thursday, 
 the 17th iiist., and that, in the meantime, they apply themselves 
 to such business, and such only, as the pressing emergency of 
 our condition suggets ; subject, however, to be called together 
 
 by the President whenever any of this body shall so request; 
 
 or in his absence, death, or inability, to a like call by the Prin- 
 cipal Secretary, when so required by a like number of delegates. 
 
 Mr. Walton offered the following: 
 
 liesolvedj That the Military Committee be required to inquire 
 into and define the words, "or pay an equivalent," as found in 
 the 5th section, 17th chapter of the military law passed at the 
 second extra session of the Legislatui'e of 1861. 
 
 On motion of Mr. Mitchell, his resolution in relation to State 
 expenditures for military purposes, was taken up and agreed to. 
 
 The unfinished business of Saturday was then taken up, the 
 pending question being on the amendment of Mr. Kittrell to 
 the amendment of Mr. Brown. The subject occupied the time 
 in discussion until the hour of recess. 
 
 4* O'clock, P. M. 
 
 The Convention proceeded to the consideration of the subject 
 pending at the hour of recess. 
 
 The question on Mr. Kittrell's amendment was put, and it 
 was not agreed to. 
 
 The question then recurred on the amendment offered by Mr. 
 Brown, which occupied the time until a late hour. 
 
34 JOURNAL OF THE [3d Session, 
 
 By gcncnil consent Mr. Ilo-vvard moved to suspend the opera- 
 tion of the resolution requiring afternoen sessions, until Monday 
 next, and the motion prevailed. 
 
 Then, on motion of Mr. Arrington, the Convention adjourned. 
 
 IN CONVENTION, Tuesday, February 4, 1862. 
 
 The President took the Chair and called the Convention to 
 order. Prayer by Rev. Dr. Mason, of the P. E. Church. 
 
 The journal of yesterday ■was read and approved. 
 
 On motion of Mr. Fcrebcc, leave of absence for an indefinite 
 timo Tvas granted to Mr. Spruill, of Tyrrell. 
 
 Mr. Dick presented a petition from sundry citizens of Guilford 
 County, on the evils growing out of the distillation of grain, 
 which, on motion of Mr. Holdcn, was ordered to lie on the table. 
 
 On motion of Mr. Ilolden, leave of absence for tAvo days was 
 iiranted to Mr. Battle, of Wake. 
 
 On motion of Mr. Bunting, leave of absence for two days from 
 and after to-day, was granted to Mr. Cunningham. 
 
 On motion of Mr. Gorrell, the President was authorized to jfill 
 the vacancy in the committee on the rights of foreigners and 
 schools, caused by the resignation of Mr. Patterson. 
 
 The President appointed Mr. Douthitt. 
 
 Mr. Calloway introduced an ordinance to secure equal and 
 just taxation, which passed its first reading and was ordered for 
 consideration when the report of the legislative committee shall 
 be taken up. 
 
 Mr. Woodfin introduced a resolution declaring the sense of the 
 Convention that the Governor should issue bonds to the Western 
 North Carolina Railroad, in compliance with the provisions bf the 
 charter. 
 
 Mr. Wilson, from the committee on Justices of the Peace, 
 reported an ordinance to amend the Constitution in relation to 
 that subject, which passed the first reading. 
 
 Mr. Graham offered the following : 
 
1862.] STATE CONVENTION. 35 
 
 Resolved, That His Excellency, the Governor, be requested 
 to inform this Convention what number of troops called into 
 service for the public defence from this State, cither State troops, 
 volunteers or militia, aro paid, supported or supplied, in whole 
 or in part, from the Treasury of this State ; also, whether any 
 regulation has been adopted, or arrangement entered into be- 
 tween the authorities of this State and those of the Confederate 
 States, by which all or any of said troops arc transferred to 
 said Confederate States, to be paicf, supported and supplied at the 
 expense of said Confederate States, whenever organized into 
 regiments, battalions or companies, or at any other stage of 
 preparation for service. And if not, whether any correspon- 
 dence has been had with the Confederate authorities in relation 
 such transfer, supply and support of North Carolina troops 
 called into service, and if so, that he communicate the same to 
 this Convention. 
 
 On his motion, the rules were suspended, and the resolution 
 was adopted. 
 
 Mr. Strong, of Wayne, from the committee on Enrollments, 
 reported as correctly enrolled the ordinance to authorize the 
 Treasurer to issue Treasury notes, and the same was duly ratified. 
 
 Mr. Leak, of Richmond, ojBfered the following: 
 
 Mesolved, That this Convention, when it adjourns, shall ad- 
 journ over during the present war, subject, however, to be con- 
 voked by the President when so requested by any delegates ; 
 
 and in case of his death or inability, subject to the call of the 
 Principal Secretary, when a similar request shall be made. 
 
 He moved to suspend the rules so that the resolution may be 
 now considered, and it was not agreed to. 
 
 Mr. Durham introduced an ordinance regulating the salaries 
 of the Judges, which passed the first reading. 
 
 Mr. Gorrell moved certain amendments to the rules, which 
 were read and laid over one day. 
 
 The unfinished business of yesterday was taken up, the pend- 
 ing question being on the amendment offered by Mr. Brown. 
 After considerable debate, the vote was taken and resulted in 
 the negative, as follows : 
 
36 JOURNAL OF THE [3d Session, 
 
 Ayes — Messrs. Battle of Edgecombe, Berry, Brown, Bunting, 
 Cunningham, Dardcn, Edwards, Graham, Green, Hargrove, 
 Holmes, Howard, Kelly, Mebane, llayner, Rhodes, Royster, 
 Strange, Strong of Wayne, Sutherland, Thornton, Turner, 
 Washington and Wooten — 24. 
 
 Noes — Messrs. Allison, Armfield, Arrington, Atkinson, Bad- 
 ger, Bagley, Batchelor, Bond, Bryson, Calloway, Cannon, 
 Christian, Dick, Douthitt, Durham, Eller, Ellison, Ferebee, Fos- 
 ter of Ashe, Foster of Randolph, Fuller, Gilmer, Gorrell, Green- 
 lee, Hamlin, Hearne, Headen, Hicks, Plolden, Johnston, Jones 
 of Caldwell, Jones of Currituck, Jones of Rowan, Kittrell, Leak 
 of Richmond, Mann, McDowell of Burke, McDowell of Madison, 
 McDuflie, McNeill of Cumberland, Merritt, Michal, Miller, 
 IMitchell, Osborne, Penland, Phifer, Reid, Ruffin, Schcnck, Sct- 
 zer, Shipp, Smith of Macon, Sprouse, Starbuck, Thomas of 
 Jackson, Wilson and Woodfin — 58. 
 
 Mr. Mebane then offered the following amendment to the first 
 section, " and in constructing said road, the company hereby 
 created, may fix the terminus thereof at Lexington or any other 
 point on the North Carolina Railroad, not exceeding one mile 
 east of Haw River," and it was not agreed to. 
 
 Mr. Starbuck moved the following amendment ; Add to sec- 
 tion first the words, "beginning at Danville, Va., running thence 
 by way of Leaksville, Madison, Germanton, Winston and Salem, 
 to Lexington, on the N. C. Railroad." 
 
 Pending the consideration of this amendment, a message was 
 received from His Excellency, the Governor, in reply to certain 
 inquiries of the Convention, which, on motion, was ordered to 
 be printed. 
 
 And, then, on motion of Mr. Meares, the Convention adjourned. 
 
 IN CONVENTION, Wednesday, February 5, 1862. 
 The President took the Chair and called the Convention to 
 order. 
 
 The journal of yesterday was read and approved. 
 
X 
 
 1862.] STATE CONVENTION. 37 
 
 Mr. Hicks presented a petition from citizens of Haywood 
 County, praying that a Court of Oyer and Terminer be held for 
 the trial of certain persons in that county, charged with grave 
 criminal offenses, which, on his motion, was referred to a select 
 committee. 
 
 On motion of Mr. Headen, the messages from the Governor 
 on yesterday were read for information, whereupon one of said 
 messages was, on his motion, referred to a select committee ; 
 and on motion of Mr. Ferehee, the other was referred to the 
 committee on the Confederate Tax. 
 
 Mr. Thomas, of Jackson, introduced an ordinance to authorize 
 the Jacksonville and Dalton Railroad Company to connect their 
 road with the railroad system of this State, which passed its 
 first reading. 
 
 Mr. Mebane introduced an ordinance to provide for the elec- 
 tion of Governor and members of the General Assembly, which 
 passed its first reading. 
 
 On motion of Mr. Ellison, the ordinance to incorporate the 
 Washington And Tarboro Railroad Company, was taken up and 
 read the second time. 
 
 The question being on its passage on the second reading, the 
 ayes and noes were ordered, on motion of Mr. Schenck, and 
 resulted in the affirmative, as follows : 
 
 Ayes — Messrs. Allison, Armfield, Arrington, Atkinson, 
 Badger, Baglcy, Battle of Wake, Berry, Bogle, Bond, Bryson, 
 Caldwell, Calloway, Cannon, Dick, Douthitt, Durham, Eller, 
 Ellison, Ferebee, Foster of Ashe, Foster of Randolph, Gilmer, 
 Gorrell, Graham, Hamlin, Hearne, Headen, Hicks, Holden, 
 Johnston, Jones of Caldwell, Jones of Rowan, Kittrell, Leak of 
 Richmond, Mann, McDowell of Burke, McDuffie, Mebane, 
 Merritt, Miller, Mitchell, Myers, Osborne, Penland, Reid, Ruflin, 
 Setzer, Shipp, Smith of Macon, Sprouse, Starbuck, Thomas of 
 Jackson, and Wilson — 54. 
 
 Noes — Messrs. Batchelor, Battle of Edgecombe, Brown, 
 Bunting, Darden, Dickson, Edwards, Fuller, Greenlee, Har- 
 grove, Holmes, Howard, Kelly, Lyon, Meares, Michal, Rhodes, 
 Royster, Sanders, Schenck, Smith of Johnston, Strange, Strong 
 
38 JOURNAL OF THE [3d Session, 
 
 of Wayne, Sutherland, Thornton, Turner, Woodfin and Woo- 
 ten— 28. 
 
 On motion of Mr. Ellison, the rules were suspended, the 
 ordinance read the third time and passed, and ordered to be 
 enrolled. 
 
 The President announced the following committees : 
 
 On the memorial presented hj Mr. Hicks — Messrs. Hicks, 
 Woodfin, Berry, Setzer and Shipp. 
 
 On the Governor s Message — Messrs. Gilmer, Williamson, 
 Arrington, McNeill of Harnett, and Holden. 
 
 The unfinished of yesterday — the Piedmont Railroad char- 
 ter — was taken up, the question being on the amendment offered 
 by Mr. Starbuck. The question was put, and the amendment 
 was not agreed to. 
 
 Mr. Gilmer ofiered a substitute for the second section, pro- 
 viding for Commissioners to receive and superintend subscrip- 
 tions, which was agreed to. 
 
 Mr. Batchelor moved to insert the word, ''railroad," before 
 the words, "corporate bodies," in the 24th line of the 4th 
 section, and it was agreed to. 
 
 Mr. Ruffin moved the following proviso to the 8th section : 
 "Provided that at such elections no stockholder shall be enti- 
 tled to cast more than two hundred votes," which was agreed to. 
 
 Mr. Badger moved to strike out of the 8th section the words, 
 "being citizens of the Confederate States," and insert the 
 words, "not being alien enemies," and it Avas agreed to. 
 
 Mr. Strange moved to strike out sections 33, 34 and 35, on 
 which motion the ayes and noes were ordered, and resulted in 
 the negative, as follows : 
 
 Ayes — Messrs. Arrington, Bagley, Batchelor, Battle of 
 Edgecombe, Berry, Bunting Darden, Dickson, Durham, Ed- 
 wards, Foy, Graham, Hargrove, Holmes, Howard, Jones of 
 Currituck, Kelly, Leak of Richmond, Lyon, McDuflio, McNeill 
 of Cumberland, Mcbane, Merritt, Osborne, Rayner, Rhodes, 
 Royster, Sanders, Strange, Strong of Wayne, Thomas of Jack- 
 son, Thornton and Wooten — 83. 
 
^. 
 
 1862.]^ STATE CONVENTION. 89 
 
 Noes — Messrs. Allison, Armfield, Atkinson, Badger, Bogle, 
 Brown, firyson, Caldwell, Calloway, Cannon, Christian, Dick, 
 Douthitt, Eller, Ellison, Ferebee, Foster of Ashe, Foster of 
 Randolph, Gilmer, Gorrell, Hamlin, Hearne, Headen, Hicks, 
 Johnston, Jones of Caldwell, Jones of Rowan, Kittrell, Mann, 
 McDowell of Burke, McDowell of Madison, McNeill of Har- 
 nett, Michal, Miller, Mitchell, Penland, Phifer, Reid, Ruffin, 
 Schenck, Sctzer, Smith of Johnston, Smith of Macon, Sprouse, 
 Starbuck, Turner, Walton, Williamson, Wilson and Woodfin — 50. 
 
 Before the last vote was taken, Mr. Myers asked and obtained 
 leave not to vote on all the proposed amendments to the ordi- 
 nance. 
 
 Mr. Batchelor moved an adjournment, and it was not agreed to. 
 
 Mr. Foy offered the following amendment to the ordinance : 
 
 Be it further ordained, That the right is reserved to this 
 tate to purchase, at any time after the present war, from said 
 corporation, at the pleasure of the General Assembly, so much 
 of the said road as is situated in North Carolina, and all the 
 fixtures, engines, rolling stock, and all the other property 
 belonging to said corporation, at a fair valuation, payable in 
 equal proportions, payable in one, two, three, four, and five 
 years, for which stock of this State, payable at the periods afore- 
 said, and bearing interest at the rate of six per cent., payable 
 semi-annually at the public treasury, shall be issued ; and such 
 valuation shall be made by two persons chosen by the General 
 Assembly, and two other persons chosen by the President and 
 Directors of said Corporation, and by one other person chosen 
 by the four persons last named, and the valuation thus made 
 shall be conclusive on all the parties aforesaid. 
 
 On this question the ayes and noes were ordered, on motion 
 of Mr. Foy, and resulted in the negative, as follows : 
 
 Ayes — Messrs. Batchelor, Battle of Edgecombe, Brown, 
 Bunting, Darden, Dickson, Edwards, Foy, Hargrove, Holmes, 
 Howard, Kelly, Leak of Richmond, Lyon, Moseley, Rhodes, 
 Royster, Strange, Strong of Wayne, Sutherland, Thomas of 
 Jackson, Thornton, Williamson and Wooten — 24. 
 41 
 
40 JOURNAL OF THE [3d Session, 
 
 Noes — Messrs. Allison, Armfield, Arrington, Atkinson, 
 Badger, Bagley, Berry, Bogle, Bond, Bryson, Caldwell, Callo- 
 way, Cannon, Christian, Dick, Douthitt, Durham, Eller, Ellison, 
 Ferebee, Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, 
 Hamlin, Hcarnc, Hcaden, Hicks, Holden, Houston, Johnston, 
 Jones of Caldwell, Jones of Currituck, Jones of Rowan, Kit- 
 trell, McDowell of Burke, McDowell of Madison, McNeill of 
 Harnett, Mebane, Merritt, Michal, Miller, Mitchell, Osborne, 
 Penland, Phifer, Reid, Ruffin, Sanders, Schenck, Setzer, Shipp, 
 Smith of Johnston, Smith of Macon, Sprouse, Starbuck, Turner, 
 Wilson and Woodfin — 59. 
 
 Mr. Jones, of Rowan, moved that the Convention do now 
 adjourn, and it was not agreed to. 
 
 Mr. Brown offered the following amendment : 
 
 Be it further ordained, That at the termination of the exist- 
 ing war between the United States and the Confederate States, 
 all the rights, franchises and authority acquired under this 
 charter by the Confederate States, shall cease and determine, 
 and the same shall revert to the State of North Carolina. 
 
 Mr. Howard moved that the Convention do now adjourn, and' 
 it was not agreed to. 
 
 The question was then put on the amendment of Mr. Brown, 
 and it was not agreed to. 
 
 Mr. Badger offered the following : 
 
 Be it further ordained, That the corporate franchises and 
 privileges hereby granted shall cease and determine at the expi- 
 ration of ninety-nine years from the day of the passage of this 
 ordinance. 
 
 Mr. Foy moved to amend the amendment by striking out 
 "ninety-nine," and inserting " thirty," which was not agreed to. 
 
 The amendment of Mr. Badger was then agreed to. 
 
 Then, on motion of Mr. Badger, the Convention adjourned. 
 
1862.] STATE CONVENTION. 41 
 
 IN CONVENTION, Thursday, February 6, 1862. 
 The President took the Chair and called the Convention to 
 order. Prayer by Rev. John S. Long, of the M. E. Church. 
 The journal of yesterday wag read and approved. 
 Mr. Strong presented a petition from one hundred and fifty 
 ladies of Wilson County, asking the intervention of this body 
 in the ruinous effects of the distillation of ardent spirits, which 
 was ordered to be filed with the other papers on that subject. 
 
 Mr. Meares presented a petition from citizens of Smithville 
 and oflficers of the 20th Regiment N. C. Volunteers, on the 
 same subject, which, on his motion, was referred to a select 
 committee. 
 
 The President appointed the following: Messrs. Meares, 
 Graham, Strange, Osborne and Brown. 
 
 Mr. Darden introduced an ordinance on the subject of distil- 
 leries, which passed its first reading. 
 
 On motion of Mr. Walton, his resolution, heretofore intro- 
 duced, asking a definition of certain words in the militia laws, 
 was now taken up and agreed to. 
 Mr. Osborne off"ered the following: 
 
 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 moment; and that our 
 Senators and Representatives in Congress be requested to use 
 their best exertions to attain this object. 
 
 On motion of Mr. Graham, the rules were suspended, and 
 the resolution was agreed to. 
 
 Mr. Howard, from the Executive Committee, reported an 
 ordinance to amend the Constitution in relation to the Execu- 
 tive Department, which passed its first reading. 
 
 Mr. Batchelor's resolution in relation to the taxation of 
 slaves, was taken up and agreed to. 
 
 Mr. Rayner's resolution in regard to the course of the Banks 
 with regard to Treasury notes, was taken up and agreed to. 
 
42 JOURNAL OF THE [3d Session, 
 
 Mr. McDuffie's resolution, asking information of the Adju- 
 tant General in regard to United States army officers, natives 
 of this State, was then taken up and modified, by striking out 
 the latter clause, and, on motion, was referred to a committee 
 on a similar subject, raised under a resolution of Mr. Rayner. 
 
 The unfinished business of yesterday — the Piedmont Railroad 
 charter — was then called for, when Mr. Leak, of Richmond, 
 moved to postpone the same, in order to consider a resolution 
 offered by him in relation to the adjournment of this Convention, 
 on which the ayes and noes were ordered, on motion of Mr. 
 Jones, of Currituck, and resulted in the negative, as follows : 
 
 Ayes — Messrs. Arrington, Bagley, Battle of Edgecombe, 
 Bunting, Caldwell, Dardcn, Dickson, Foy, Fuller, Hargrove, 
 Holmes, Howard, Johnston, Jones of Currituck, Kelly, Leak of 
 Richmond, Lyon, McDuffie, McNeill of Cumberland, McNeill of 
 Harnett, Miller, Moseley, Rhodes, Royster, Sanders, Setzer, 
 Strange, Strong of Wayne, Sutherland, Thompson, Thornton, 
 Walton, Washington and Wooten — 35. 
 
 Noes — Messrs. Allison, Armfield, Badger, Barnes, Batchelor, 
 Battle of Wake, Berry, Bogle, Bond, Brown, Calloway, Cannon, 
 Dick, Douthitt, Durham, Eller, Ellison, Ferebee, Foster of Ashe, 
 Gilmer, Gorrell, Graham, Greenlee, Hamlin, Hearne, Headen, 
 Hicks, Holden, Houston, Jones of Caldwell, Jones of Rowan, 
 Joyce, Kittrell, Long, Mann, McDowell of Burke, McDowell of 
 Madison, Meares, Merritt, Michal, Mitchell, Myers, Osborne, 
 Penland, Phifer, Reid, Ruffin, Schenck, Shipp, Smith of Hali- 
 fax, Smith of Johnston, Smith of Macon, Sprouse, Starbuck, 
 Strong of Mecklenburg, Thomas of Jackson, Turner, Warren, 
 Williamson, Wilson and Woodfin — 61. 
 
 Mr. Howard moved to postpone in order to allow him to intro- 
 duce an ordinance to authorize the Governor to accept and 
 organize an additional regiment of artillery. On this question 
 the ayes and noes were ordered, on motion of Mr. Howard, and 
 resulted in the negative, as follows : 
 
 Ayes — Messrs. Arrington, Atkinson, Bagley, Barnes, Batch- 
 elor, Battle of Edgecombe, Battle of Wake, Berry, Bond, 
 Bunting, Caldwell, Darden, Dickson, Durham, Foy, Fuller, 
 
1862.] STATE CONVENTION. 43 
 
 Hargrove, Holmes, Houston, Howard, Johnston, Jones of Cur- 
 rituck, Kelly, Leak of Richmond, Lyon, McDowell of Madison, 
 McDuffie, McNeill of Cumberland, McNeill of Harnett, Meares, 
 Moseley, Oabornc, Rhodes, Royster, Sanders, Smith of Halifax, 
 Smith of Johnston, Strange, Strong of Mecklenburg, Strong 
 of Wayne, Sutherland, Thomas of Jackson, Thompson, Thorn- 
 ton, Walton, Washington and Wooten — 47. 
 
 Noes — Messrs. Allison, Armficld, Badger, Bogle, Brown, 
 Calloway, Cannon, Christian, Dick, Douthitt, Eller, Ellison, 
 Forebec, Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, 
 Graliam, Hamlin, Hearne, Headen, Hicks, Holdcn, Jones of 
 Caldwell, Jones of Rowan, Joyce, Kittrell, Long, Mann, Mc- 
 Dowell of Burke, Mebane, Merritt, Miclial, Miller, Mitchell, 
 Myers, Pculand, Phifer, Rcid, Ruffin, Schenck, Setzer, Shipp, 
 Smith of Macon, Speed, Sprouse, Starbuck, Warren, Wilson 
 and Woodfin — 50. 
 
 By consent, Mr. Hicks, from the committee on the petition 
 from citizens of Haywood County, reported an ordinance to 
 establish a Court of Oyer and Terminer, which passed its first 
 reading. 
 
 The Convention then proceeded to the consideration of the 
 unfinished business of yesterday, the question being on the 
 passage of the ordinance on its second reading. 
 
 Mr. Graham moved to amend by striking out the names of 
 W. A. Graham and John Berry, in the second section, and 
 inserting the names of W. F. Strayhorn and J. C. Turrentine, 
 and it was agreed to. 
 
 The ordinance then passed the second reading. 
 
 Mr. Gilmer moved to suspend the rales and put the ordinance 
 on its third reading to-day, on which motion the ayes and noes 
 were ordered, on motion of Mr. Howard, and resulted in the 
 afiirmative, as follows : 
 
 Ayes — Messrs. Allison, Armfield, Arrington, Atkinson, Bad- 
 ger, Bagley, Barnes, Batchelor, Bogle, Bond, Brown, Caldwell, 
 Calloway, Christian, Dick, Douthitt, Durham, Eller, Ellison, 
 Ferebee, Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, 
 Greenlee, Hamlin, Hearne, Headen, Hicks, Holden, Houston, 
 
44 JOURNAL OF THE [3d Session, 
 
 Johnston, Jones of Caldwell, Jones of Currituck, Jones of 
 Rowan, Joyce, Kittrell, Leak of Richmond, Long, Mann, Mc- 
 Dowell of Burke, McDowell of Madison, McDuffie, McNeill of 
 Cumberland, McNeill of Harnett, Mebane, Michal, Miller, 
 Mitchell, Myers, Osborne, Penland, Phifer, Reid, Ruffin, 
 Schenck, Setzer, Shipp, Smith of Macon, Sprouse, Starbuck, 
 Strong of Mecklenburg, Thomas of Jackson, Turner, Walton, 
 Warren, Williamson, Wilson and Woodfin — 70. 
 
 Noes — Messrs. Battle of Edgecombe, Berry, Bunting, Can- 
 non, Darden, Dickson, Foy, Fuller, Graham, Hargrove, Holmes, 
 Howard, Kelly, Lyon, Meares, Merritt, Moseley, Rayner, 
 Rhodes, Royster, Smith of Halifax, Speed, Strange, Strong of 
 Wayne, Sutherland, Thompson, Thornton, Washington and 
 Wooten— 30. 
 
 Two-thirds voting in the affirmative, the ordinance was read 
 the third time. 
 
 Mr. Ruffin moved to amend the 28d section by striking out 
 all after the word "situated," in the 8th line, down to the word 
 "provided," in the 20th line, and it was agreed to. 
 
 Mr. Thomas, of Jackson, moved to amend as follows : — add 
 to the 18th line, in the 13th section, as follows : Provided, the 
 Company formed under this charter shall have no power to 
 discriminate in either freight or travel against the North Caro- 
 lina Railroad or Roads in North Carolina connected with it ; 
 and it was agreed to. 
 
 Mr. Thomas, of Jackson, also offered the following : — Add to 
 the last of the 12th line of the 3l3t section, after the word 
 "Road," as follows: 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 to construct a 
 branch of their road from Hillsboro', or some other point, to 
 Danville, or to the Virginia and Tennessee Road. 
 
 Mr. Gorrell moved to strike out the latter clause of the 
 amendment and insert in lieu thereof the following : — That full 
 right and privilege is hereby reserved to the State, or to any 
 company hereafter to be incorporated under the authority of 
 
1862.] STATE CONVENTION. 45 
 
 this State, to connect with the road hereby j^ovided for, or any 
 other railroad leading therefrom, to any part or parts of this 
 State ; Provided, that in forming such connection, no injury 
 shall be done to the works of the Company hereby incorporated. 
 
 At the suggestion of several members, he withdrew his 
 amendment, whereupon, 
 
 Mr. Thomas, of Jackson, moved to strike out of his amend- 
 ment all after the word "Danville," and it was agreed to. 
 
 He also moved to strike out the words, "or other points," 
 which was agreed to. He moved then to amend further by 
 inserting the words, "or near," before the word, "Danville," 
 which was also agreed to. 
 
 Mr. Badger then moved to amend the 33d section, by striking 
 out the words, "one or more of the Confederate States of 
 America;" also, to insert, after the word solvent, the words 
 "Railroad," also, to add the word "and" before the word, 
 "also," and to strike out the words, " shall have power and 
 authority," and insert in lieu thereof the words, " may subscribe 
 for ;" which several amendments were agreed to. 
 
 Mr. Osborne moved to amend by striking out of the 13th 
 line, the words, " and States in said Confederate States," which 
 was agreed to. 
 
 Mr. Badger moved to amend the 34th section by striking out 
 the words, "the said States," which was agreed to. 
 
 Mr. Ruffin moved to amend by striking out the amendments 
 heretofore agreed to on his motion providing for a limitation in 
 the number of votes by each stockholder, and inserting in lieu 
 thereof the words, "as may be, hereafter provided," and it was 
 agreed to. 
 
 He then moved to add the words just stricken out, to the 35th 
 section, and it was agreed to. 
 
 Mr. Howard now renewed the amendment which Mr. Gorrell 
 withdrew, and the amendment was agreed to. 
 
 He also moved to amend the 35th section by adding : "Pro- 
 vided that a majority of directors of said company shall be 
 citizens of North Carolina," and it was not agreed to. 
 
46 JOURNAL OF THE [3d Session, 
 
 The question men recurred upon the final passage of the 
 ordinance, on which the ayes and noes were ordered, on motion 
 of Mr. Thornton, and resulted in the affirmative, as follows: * ' 
 ' Ayes — Messrs. Allison, Armfield, Arrington, Atkinson, Bad- 
 ger, Barnes, Bogle, Bryson, Caldwell, Calloway, Christian, 
 Dick, Douthitt, Durham, Eller, Ellison, Foster of Ashe, Foster 
 of Randolph, Gilmer, Gorrell, Greenlee, Hamlin, Hearne, 
 Headen, Hicks, Holden, Houston, Johnston, Jones of Caldwell, 
 Jones of Rowan, Joyce, Kittrell, Leak of Richmond, Long, 
 McDowell of Burke, McDowell of Madison, McDuffie, McNeill 
 of Cumberland, McNeill of Harnett, Michal, Miller, Mitchell, 
 Myers, Osborne, Penland, Phifer, Reid, Ruffin, Schenck, Set- 
 zer, Shipp, Smith of Macon, Sprouse, Starbuck, Strong of 
 Mecklenburg, Thomas of Jackson, Turner, Warren, William- 
 son, Wilson and Woodfin — 61. 
 
 Noes — Messrs. Bagley, Batchelor, Berry, Bond, Bunting, 
 Cannon, Darden, Dickson, Edwards, Foy, Fuller, Graham, 
 Hargrove, Holmes, Howard, Jones of Currituck, Kelly, Lyon, 
 Mann, Meares, Merritt, Moseley, Rayner, Rhodes, Royster, 
 Sanders, Smith of Halifax, Speed, Strange, Strong of AVayne, 
 Sutherland, Thompson, Thornton, Washington and Wooten — 35. 
 
 Mr. Badger moved to reconsider the vote just taken, and it 
 was not agreed to. 
 
 Then, on motion of Mr. Batchelor, the Convention adjourned. 
 
 IN CONVENTION, Friday, February 7, 1862. 
 
 The Convention met, the President in the Chair. Prayer by 
 Rev. Henry Hardie, of the Presbyterian Church. 
 
 The journal of yesterday was read and approved. 
 
 Mr. Schenck presented a petition from citizens of Lincoln 
 County, in relation to extortioners and distillers, which, on his 
 motion, was referred to the committee on Distilleries. 
 
 Mr. Battle, of Wake, from the committee on Enrollments, 
 reported the Ordinance to incorporate the Washington and 
 Tarboro' Railroad Company : whereupon, it was signed by the 
 President and attested by the Secretaries. 
 
1862.] STATE CONVENTION. 47 
 
 Mr. Jones, of Rowan, offered the following, which lies over 
 one day : 
 . Resolved^ That from and after Wednesday, 11th inst., no 
 new business shall be introduced into the Convention, except 
 amendments to matters before that time brought forward. 
 
 Mr. Leak, of Richmond, moved to take up for consideration 
 his resolution in relation to the adjournment. On this question 
 the ayes and noes were ordered, on motion of Mr. Darden, and 
 resulted as follows: 
 
 Ayes — Messrs. Arrington, Atkinson, Bagley, Battle of Edge- 
 combe, Bunting, Caldwell, Cunningham, Darden, Dickson, 
 Durhnm, Ellison, Fuller, Green, Greenlee, Hargrove, Headen. 
 Hicks, Holmes, Houston, Howard, Johnston, Jones of Caldwell, 
 Kelly, Leak of Anson, Leak of Richmond, Lyon, Mann, Mc- 
 Dowell of Burke, McDowell of Madison, McDuffie, McNeill of 
 Cumberland, McNeill of Harnett, Michal, Miller, Moseley, 
 Rayncr, Reid, Rhodes, Royster, Sanders, Schenck, Setzer, 
 Smith of Halifax, Smith of Johnston, Strange, Strong of Meck- 
 lenburg, Strong of Wayne, Sutherland, Thompson, Thornton, 
 Walton, Washington, Williams, Williamson and Wooten — 55. 
 
 Noes — Messrs. Allison, Armfield, Badger, Barnes, Batchelor, 
 Battle of Wake, Bond, Brodnax, Bryson, Calloway, Cannon, 
 Christian, Dick, Douthitt.Eller, Ferebee, Foster of Ashe, Foster 
 of Randolph, Gilmer, Graham, Hamlin, Hearne, Holden, Jones 
 of Rowan, Kittrell, Long, Meares, Merritt, Mitchell, Osborne, 
 Penland, RufBn, Shipp, Smith of Macon, Speed, Starbuck, 
 Thomas of Carteret, Thomas of Jackson, Turner, Warren, Wilson 
 and Woodfin — i3. 
 
 Mr. Smith, of Halifax, offered the following substitute 
 therefor : 
 
 Resolved, That a committee be appointed by the President 
 to take into consideration the necessary business to be acted on 
 by this Convention, and report at as early a day as practicable 
 for the adjournment thereof. 
 
 Mr. Michal moved to amend the substitute as follows : Strike 
 out all after the word "resolved," and insert, "that this Con- 
 vention will adjourn sine die on or before the 21 st instants" 
 42 
 
48 JOURNAL OF THE [3d Session, 
 
 Mr. Bond moved that the whole subject lie on the table. Mr. 
 Leak, of Richmond, called for the ayes and noes, which being 
 ordered, resulted as follows: 
 
 Ayes — Messrs. Allison, Armficld, Badger, Barnes, Batcho- 
 lor. Battle of Wake, Berry, Bond, Brodnax, Bryson, Callo- 
 way, Cannon, Christian, Dick, Douthitt, Eller, Ellison, Fere- 
 bee, Foster of Randolph, Gilmer, Graham, Hamlin, llearne, 
 Holden, Jones of Rowan, Kelly, Kittrell, Long, Mann, Mc- 
 Dowell of Madison, McNeill of Cumberland, Meares, Merritt, 
 Mitchell, Osborne, Penland, Ruffin, Shipp, Smith of Macon, 
 Speed, Starbuck, Thomas of Carteret, Thomas of Jackson, 
 Turner, Warren and Wilson — 46. 
 
 Noes — Messrs. Arrington, Atkinson, Bagley, Battle of Edge- 
 combe, Bunting, Caldwell, Cunningham, Darden, Dickson, 
 Durham, Foster of Ashe, Fuller, Green, Greenlee, Hargrove, 
 Headen, Hicks, Holmes, Howard, Johnston, Jones of Caldwell, 
 Leak of Anson, Leak of Richmond, Lyon, McDowell of Burke, 
 McDuffie, McNeill of Harnett, Michal, Miller, Moseley, Ray- 
 ner, Reid, Rhodes, Royster, Sanders, Schenck, Setzer, Smith 
 of Halifax, Smith of Johnston, Strange, Strong of Mecklen- 
 burg, Strong of Wayne, Sutherland, Walton, Washington, Wil- 
 liams, Williamson, Woodfin and Wooten — 51. 
 
 Mr. Badger now moved that the subject be referred to a 
 select committee. On this question the ayes and noes were 
 ordered, on motion of Mr. Holmes, and resulted as follows: 
 
 Ayes — Messrs. Allison, Armfield, Arrington, Atkinson, Bad- 
 ger, Barnes, Batchelor, Battle of Wake, Berry, Bond, Brodnax, 
 Bryson, ColloAvay, Cannon, Christian, Dick, Douthitt, Eller, 
 Ellison, Ferebee, Foster of Ashe, Foster of Randolph, Gilmer, 
 Graham, Hamlin, Hearne, Headen, Hicks, Holden, Jones of 
 Caldwell, Jones of Rowan, Kelly, Long, Mann, McDowell of 
 Madison, McDuffie, McNeill of Cumberland, McNeill of Har- 
 nett, Merritt, Mitchell, Osborne, Ruffin, Shipp, Smith of Hali- 
 fax, Smith of Johnston, Smith of Macon, Speed, Starbuck, 
 Strong of Mecklenburg, Thomas of Carteret, Thomas of Jack- 
 son, Turner, Walton, Warren, Washington and Wilson — 56. 
 
V 
 
 1862.] STATE CONVENTION. 49 
 
 Noes — JNIessrs. Baglcy, Battle of Edgecombe, Bunting, Cald- 
 well, Cunningham, Darden, Dickson, Durham, Fuller, Green, 
 Greenlee, Hargrove, Holmes, Houston, Howard, Johnston, Leak 
 of Anson, Leak of Richmond, Lyon, McDowell of Burke, Mi- 
 clial, Miller, Moseley, Penland, Rayner, Rcid, Rhodes, Roystcr, 
 Sanders, Schenck, Setzer, Strange, Strong of "VYayno, Suther- 
 land, Thompson, Thornton, "Williams, Williamson, Woodfin and 
 Wooten — 40. 
 
 Mr. Ferebeo, from the committee on Military Affairs, reported 
 an ordinance to provide for the payment of bounty to the North 
 Carolina Volunteers in service, which passed its first reading. 
 
 The President announced the following Committee on the 
 resolution of Mr. Walton : Messrs. Walton, Barnes, Graham, 
 Sanders, and Strong of Mecklenburg. 
 
 On motion of Mr. Smith of Halifax, leave of absence for 
 three days, was granted to Mr. Foy ; and, on motion of Mr. 
 Ferebee, leave of absence from and after to-day, to Mr. Joties, 
 of Currituck. 
 
 Mr. Armfield, from the committee on Distilleries, made an 
 adverse report on the several subjects referred to it. He also 
 informed the Convention that ho would present a minority report. 
 Mr. Rayner offered the following resolution ; 
 Resolved^ That the Public Treasurer^ bo requested to invite 
 the Presidents of the several Banks in this State to convene in 
 this City, at an early day, for the purpose of consultation in 
 regard to the course to be pursued by said Banks, as to the 
 Treasui-y notes issued by the State. 
 
 On his motion, the ruJes were suspended, and said resolution 
 considered and agreed to. 
 
 The order of the day now coming up, on motion of Mr. How- 
 ard, the same was postponed until to-morrow, in order that the 
 Convention might proceed to consider the ordinance to raise and 
 organize North Carolina's quota of Confederate Troops ; where- 
 upon. 
 
 On motioa of Mr. Osborne, the lobbies and galleries were 
 cleared, and the Convention proceeded to sit with closed doors, 
 and so continued until a late hour, when the doors were opened. 
 
60 JOURNAL OF THE [3d Session, 
 
 Mr. Barnes moved that leave of absence, until Monday next, 
 be granted to Mr. Mcarcs ; which was agrco<l to. 
 
 Mr. Badger presented an order denoting the nieUiod of pro- 
 ceeding for the final disposal of such Constitutional amendments 
 as may be agreed to by the Convention. 
 
 And then, on motion of Mr. Badger, the Convention adjourned. 
 
 IN CONVENTION, Saturday, February 8, 1862. 
 
 The Convention met, the President in the Chair. Prayer by 
 Rev. Mr. FitzGerald, of the P. E. Church. 
 
 The journal of yesterday was read and approved. 
 
 The President announced the following committee on the 
 resolution for adjournment : Messrs. Smith of Halifax, Leak of 
 Richmond, Ruffin, Woodfin and Brodnax. 
 
 Mr. Moseley offered the following : 
 
 Resolved, That the Convention instructs the Paymaster Gen- 
 eral to pay the officers and privates of the companies of the 88th 
 regiment, North Carolina A'^olunteers, from the time said compa- 
 nies tendered their services to the Governor and were accepted 
 by him. 
 
 On his motion, the rules were suspended to consider the reso- 
 lution at this time. 
 
 Mr. Rayner moved to refer the resolution to a special ooin- 
 mittee ; which was agreed to, and the President appointed 
 Messrs. Gilmer, Merritt, Howard, Moseley and Armfield. 
 
 Mr. Battle, of Wake, from the committee on Enrollments, 
 reported as correctly enrolled, the Ordinance to incorporate the 
 Piedmont Railroad Company, and the same was duly ratified. 
 
 Mr. Rayner, from the committee on Finance, to whom was 
 referred an ordinance to tax spirituous liquors, distilled from 
 grain, reported the same back with amendments, and recom- 
 mended its passage. 
 
 Also, an ordinance to increase the salaries of the Treasurer, 
 Comptroller and Secretary of State ; 
 
1862.] STATE CONVENTION. 51 
 
 And unfavorably on the resolution in relation to the taxation 
 of slaves. 
 
 Mr. Holmes introduced an ordinance for tlic more thorough 
 organization of the militia, which passed the first reading, and, 
 on his motion, was referred to the committee on Military Affairs. 
 
 On motion of Mr. Holden, the ordinance heretofore intro- 
 duced by him to amend the Constitution in relation to the Uni- 
 versity and the schools, was taken up and referred to the com- 
 mittee on the rights of foreigners and on schools. 
 
 Mr. Foster, of Ashe, introduced an ordinance in relation to 
 certain lands in Ashe and Wilkes counties, which passed the 
 first reading, and, on motion of Mr. Mitchell, was referred to 
 a select committee. 
 
 Mr. Schcnck, from the committee to whom was referred the 
 ordinance to annul the iHh section of the charter of the Cheraw 
 and Coalfields Railroad Company, reported the same back to 
 the Convention, and recommended that it do not pass. 
 
 Mr. Christian, from the minority of the same committee, pre- 
 sented an adverse report, recommending the passage of the 
 ordinance. 
 
 The reports were ordered to be printed and made the special 
 order for Friday next, at 12 o'clock. 
 
 The special order was now called for, being the ordinance in 
 relation to North Carolina's (^uota of Confederate troops. 
 
 Mr. Ellison moved to postpone the same, in order to consider 
 the ordinance relating to county taxes, on which the ayes and 
 noes were ordered, on motion of Mr. Badger, and resulted in 
 the negative, as follows : 
 
 Ayes — Messrs. Allison, Badger, Bagley, Batchelor, Berry, 
 Bryson, Cannon, Dardcn, Dick, Ellison, Ferebee, Graham, 
 Hamlin, Hargrove, Holden, Jones of Rowan, Kelly, Leak of 
 Anson, Long, Michal, Royster, Ruffin, Shipp, Smith of Halifax, 
 Smith of Johnston, Smith of Macon, Starbuck, Walton, Warren 
 and Williams — 30. 
 
 Noes — Messrs. Arrington, Atkinson, Brodnax, Bunting, 
 Caldwell, Calloway, Christian, Douthitt, Durham, Eller, Foster 
 of Ashe, Fuller, Green, Greenlee, Hicks, Holmes, Johnston, 
 
52 JOURNAL OF THE [3d Sbbsion, 
 
 Leak of Richmond, McDowell of Burke, McDowell of Madison, 
 McDuffie, McNeill of Cumberland, McNeill of Harnett, Mitchell, 
 Osborne, Reid, Rhodes, Sanders, Schenck, Setzer, Strange, 
 Strong of Mockknburg, Sutherland, Thompson, Thornton, "Wil- 
 liamson, Woodfin and Wooten — 38. 
 
 Mr. Batchclor moved that the Convention sit with closed doors^ 
 on which a quorum did not vote. 
 
 Mr. Smith, of Johnston, moved a call of the House, which 
 was agreed to, and the call being made, it appeared that there 
 were eighty-five members present. This being a ({uorum, on 
 motion, further proceedings of the call were dispensed with. 
 
 The question recurring on the motion of Mr. Batchelor, the 
 ayes and noes were ordered thereon, on motion of Mr. Badger, 
 and resulted in the negative, as follows : 
 
 Ayes — Messrs. Arrington, Batchelor, Bunting, Caldwell, Cal- 
 loway, Darden, Dickson, Fuller, Green, Hargrove, Holmes, 
 Johnston, Jones of Caldwell, Kelly, Leak of Anson, McDowell 
 of Burke, McDowell of Madison, Mitchell, Osborne, Reid, 
 Rhodes, Royster, Ruffin, Setzer, Starbuck, Strange, Strong of 
 Mecklenburg, Sutherland, Thomas of Carteret, Thomas of Jack- 
 son, Thompson, Thornton, Walton, Williams, Williamson and 
 Wooten— 36. 
 
 NoKS — Messrs. Allison, Atkinson, Badger, Bagley, Barnes, 
 Berry, Bond, Brodnax, Bryson, Cannon, Christian, Dick, 
 Douthitt, Durham, Eller, Ellison, Ferebee, Foster of Ashe, 
 Foster of Randolph, Graham, Greenlee, Hamlin, Hearne, 
 Headen, Hicks, Holden, Jones of RoAvan, Leak of Richmond, 
 Long, Mann, McDuffie, McNeill of Cumberland, McNeill of Har- 
 nett, Michal, Penlaud, Sanders, Smith of Halifax, Smith of 
 Johnston, Smith of Macon, Speed, Warren and Woodfin — i2. 
 
 On motion of Mr. Graham, the further consideration of the 
 ordinance Avas postponed until Monday next. 
 
 On motion of Mr. Batchelor, the Convention now proceeded 
 to the consideration of the ordinance relating to taxation by the 
 County Courts, the pending question being on the substitute 
 proposed by Mr. Ellison. 
 
1862.] STATE CONVENTION. 63 
 
 On motion of Mr. Mitchell, tho County of Iredell was 
 exempted from the operation of the ordinance ; also, on motion 
 of Messrs. Calloway and Setzer, their respective counties were 
 also exempted. 
 
 Mr. Graham moved the following amendment — Add to the 
 first section as follows : Provided that in counties holding regular 
 terms of their County Courts, in said month of May, or the 
 first Monday in June, the levy hereby required shall be made at 
 such regular term. Also, to strike out the 8th section ; and the 
 amendments were agreed to. 
 
 Mr. Graham also moved the following — And the Secretary of 
 State shall cause this ordinance to be published in ten news- 
 papers, printed in the various parts of the State, for one month 
 successively prior to the first day of May next, which was also 
 •greed to. 
 
 The motion of Mr. Mitchell was now reconsidered and 
 disagreed to. 
 
 The substitute of Mr. Ellison as amended was then adopted. 
 
 On motion, the rules were suspended, the ordinance passed 
 the third and last reading and ordered to be enrolled. 
 
 Mr. Rayner oflfered the following : 
 
 Resolved, That the Secretary of State be authorized a»d 
 directed to have published three hundred copies of the ordinance 
 just passed, and send one copy to the Sheriff, Chairman and 
 Clerk of the County Court of each County of the State, which 
 was adopted under a suspension of tho rules. 
 
 Mr. Howard, from the select committee, to whom was referred 
 the resolution introduced this morning by Mr. Moseley, reported 
 a substitute therefor, and recommended its passage. 
 
 On motion, the rules were suspended, the resolution passed 
 the several readings and ordered to be enrolled. 
 
 Mr. Battle, of Wake, from the committee on Enrollments, 
 reported as correctly enrolled the resolution just passed, and the 
 same was duly ratified. 
 
 Mr. Thomas, of Jackson, moved to take up the ordinance to 
 provide for Courts of Oyer and Terminer, which was agreed to. 
 
54 JOURNAL OF THE [3d Session, 
 
 The ordinance was read the second time. 
 
 Mr. Badger moved to lay the same on the table. 
 
 On motion of Mr. Mcrritt, the Convention adjourned. 
 
 IN CONVENTION, Monday, February 10, 1SG2. 
 
 At the usual hour the Convention met, the President in the 
 chair. Prayer by Rev. J. M. Atkinson of the Presbyterian 
 Church. 
 
 The journal of Saturday was read, amended, on motion of 
 Mr. Graham, and approved. 
 
 Mr. Green presented the credentials of A. J. Murrill, dele- 
 gate from Onslow county to fill the vacancy created by the resig- 
 nation of E. W. Ward, who thereupon took his scat in the Con- 
 vention. •v^.M.'I^ 
 
 The President announced the following committee : 
 
 On the resolution of Mr. Foster, of Ashe, in rer/ard to cer- 
 tain lands in Ashe and Wilkes counties — Messrs. Foster of 
 Ashe, ]\Iitchcll, Bond, jMurrill and Warren. 
 
 On motion of Mr. Schenck, leave of absence was granted to 
 Mr. McDowell of Burke, from and after to-day, and on motion of 
 Mr. Holmes, to Mr. Cunningham for three days, including to-day. 
 
 Mr. Calloway presented a petition from citizens of Wilkes 
 county, on the subject of the distillation of liquors from grain, 
 which was, on his motion, filed with the other papers on that 
 subj cct. 
 
 Mr. Foster, of Ashe, ofl'ered the following : 
 
 Resolved, That this Convention will adjourn sine die on the 
 23d instant, which lies over one day. 
 
 Mr. Ruflin presented a memorial from the President and Di- 
 rectors of the Wilmington, Charlotte and Rutherford Railroad 
 Company ; and an ordinance to carry out the prayer of the 
 memorialist, which passed its first readin(<l 
 
 On motion, their reference was made to a select committee. 
 
 Mr. Hicks introduced an ordinance to authorize the holding 
 of a court of Oyer and Terminer in Haywood county, which 
 
1862.] STATE CONVENTION. 55 
 
 passed its first reading. On his motion, the rules were suspend- 
 ed, and the ordinance read the second and third times, and 
 ordered to be enrolled. 
 
 Mr. Battle, of Wake, introduced an ordinance, supplemental 
 to the ordinance passed by the Convention, in relation to the 
 Chatham Railroad Company, which passed its first reading. On 
 his motion, the rules were suspended, and the ordinance passed 
 its several readings and was ordered to be enrolled. 
 
 Mr. Thomas, of Jackson, offered a resolution inquiring into 
 the defences of the Western part of the State ; which, under a 
 suspension of the rules, was referred, on motion, to a select 
 committee. 
 
 The President announced the following Committee on the 
 memorial of the Wilmington, Charlotte and Hutherford Railroad 
 > Company, viz : Messrs. Reid, Speed, Warren, Holmes and 
 Michal. 
 
 Mr. Fcrebee moved to take up for consideration the ordinance 
 to provide for bounty to the North Carolina Volunteers, which 
 was agreed to. 
 
 Mr. Howard moved to amend as follows : at the end of the 
 first section, add — Provided, however, that the officers of all 
 VolunteerSj directly to the Confederate States, shall make such 
 returns as the Governor may require ; which was agreed to. 
 
 Also, as follows : Insert between the words "is" and "cre- 
 ated," the words, "or may be"; and strike out "South" and 
 insert "Confederacy," which was agreed to. The ordinance 
 then passed its second and third readings, and was ordered to be 
 enrolled. 
 
 The following committee was announced on the resolution of 
 Mr. Thomas, of "Jackson, in regard to the defences of the 
 Western part of the State, viz : Messrs. Thomas of Jackson, 
 Satterthwaite, Penland, Barnes and Setzer. 
 
 On motion of Mr. Schenck, the lobbies and galleries were 
 cleared, and the Convention proceeded to sit with closed doors. 
 After so remaining for some time, the doors were opened, when 
 
 Mr. Badger moved to suspend the rule requiring the .Con- 
 vention to meet at 4 o'clock ; which was agreed to. 
 43 
 
66 JOURNAL OF THE [3d Session, 
 
 Mr. Battle, of Wake, from the committee on Enrollments, 
 
 1/ reported the ordinance to provide bounty to the North Carolina 
 
 volunteers, and an ordinance to provide for a Court of Oyer and 
 
 Terminer in Haywood County : whereupon, it was signed by 
 
 the President and attested by the Secretaries. 
 
 On motion of Mr. Rulfin, the Convention took a recess until 
 7 P.M. 
 
 7 O'CLOCK, p. M. 
 At this hour the Convention re-assembled, and soon thereafter 
 the lobbies and galleries were cleared and the Convention sat 
 with closed doors ; and so remained until the hour of adjourn- 
 ment. 
 
 [IN CONVENTION, Tuesday, February 11, 1862. 
 
 The President called the Convention to order at the usual 
 hour. Prayer by Rev. Dr. Mason, of the 1'. E. Church. 
 
 The journal of yesterday was read ^nd approved. 
 
 Mr. Thomas, of Carteret, prcsonted a petition from sundry 
 citizens of Yadkin County against any ac fcion on the part of the 
 Convention in relation to'the consumption of corn by distilleries, 
 which, op his motion, was ordered to lie on the table. 
 
 Mr. Williams, from the committee on Free Negroes, reported 
 an ordinance to permit free negroes to enslave themselves, which 
 passed its first reading. 
 
 Mr. Warren offered a resolution, calling for information from 
 the Adjutant General. On his motion, the rules were suspended, 
 and the resolution was read and agreed to. 
 
 On motion of Mr. Graham, leave of absence for the remainder 
 of the session was granted to Mr. Ellcr, delegate from Wilkes. 
 
 On motion of Mr. S?iiith, 6f Halifax, similar leave was granted 
 to Messrs. Walton and Batchelor. 
 
 On motion of Mr. Satterthwaitc, the Convention proceeded to 
 sit with closed doors, and so continued until the hour of recess. 
 
1862.] STATE CONVENTION. 57 
 
 4 O'clock, P. M. 
 
 The Convention ro-assembled. 
 
 The President laid before the Convention a communication 
 from the Adjutant General, in response to a resolution of this 
 morning, which, on motion of Mr. Warren, was ordered to be 
 printed. 
 
 On motion, the Convention proceeded to sit with closed doors, 
 and so continued until a late hour. 
 
 The doors having been opened, on motion of Mr. Leak, of 
 Richmond, the Convention adjourned. 
 
 IN CONVENTION, Wednesday, February 12, 1862. 
 
 The President called tho Convention to order at the usual 
 hour. Prayer by Rev. Thomas E. Skinner, of the Baptist 
 Church. 
 
 The journal of yesterday was read and approved. 
 
 On motion of Mr, Mebane, leave of absence for the residue 
 of the session was granted to Mr. Smith, of Halifax, from and 
 after to-day. 
 
 Mr. Reid offered the following : 
 
 Resolved, That during tho remainder of tho present session, 
 no delegate shall speak more than twice on the same question, 
 or occupy the floor more than fifteen minutes the first time, or 
 more than ten minutes the second time, in discussing such 
 question. 
 
 Resolved further , That the Convention will, on Friday next, 
 at six o'clock, take a recess until . 
 
 He moved to suspend the rules that the resolutions may be 
 now considered. 
 
 After considerable discussion — 
 
 Mr. Miller moved to lay the motion to suspend on the table, 
 on which the ayes and noes were ordered, on motion of Mr. Reid, 
 and resulted in the affirmative, as follows : 
 
58 JOURNAL OF THE [3d Session, 
 
 Ayes — Messrs. Allison, Badger, Battle of Edgecombe, Berry, 
 Bogle, Bond, Brodnax, Bryson, Calloway, Cannon, Christian, 
 Dick, Douthitt, Fuller, Gilmer, Graham, Hamlin, Ileaden, 
 Hicks, Holden, Howard, Jones of Caldwell, Jones of llowan, 
 Joyce, Kelly, Kittrell, Leak of Richmond, Long, Mann, McNeill 
 of Cumberland, McNeill of Harnett, Meares, Mebane, Merritt, 
 Miller, Murrill, Myers, Osborne, Pcnland, Phifer, Rayner, 
 Ruffin, Satterthwaitc, Shipp, Smith of Macon, Sprouse, Star- 
 buck, Thomas of Carteret, Turner, Washington, Williamson and 
 Wilson— 52. • 
 
 Noes — Messrs. Bunting, Cunningham, Darden, Dickson, 
 Durham, Foster of Ashe, Green, Greenlee, Hargrove, Holmes, 
 Johnston, Lyon, McDowell of Madison, McDuffie, Michal, 
 Moseley, Reid, Rhodes, Royster, Sanders, Schenck, Setzer, 
 Smith of Halifax, Smith of Johnston, Strong of Mccklenbm-g, 
 Sutherland, Thornton, Williams, Woodfin and Wooten — 30. 
 
 Mr. Graham introduced an ordinance to establish the Treasui'y 
 Department, which passed its first reading. 
 
 Mr. Satterthwaitc, from the committee on that subject, 
 reported an ordinance to provide for the assumption and payment 
 of the Confederate tax, which passed the first reading. 
 
 Mr. Woodfin gave notice of an amendment which he Avould 
 offer when the ordinance shall be considered, which was ordered 
 to be printed. 
 
 Mr. Meares was appointed on the committee of the Deep 
 River and Cape Fear Improvement, in place of Mr. Arrington, 
 resigned. 
 
 Mr. Leak, of Richmond, offered tho folIoAving : 
 
 Resolved, That the Governor be authorized to appoint a Chap- 
 lain for our hospital at Petersburg, who shall receive sueh 
 compensation as is now authorized and prescribed by the Con- 
 federate Government ; — which lies over one day. 
 
 Mr. Gilmer moved to suspend for the present week, the order 
 of the Convention for afternoon sessions, and it was not agreed to. 
 
 The orders of the day were now taken up, being the ordinance 
 reported by the Military Committee. 
 
 The Convention proceeded to sit with closed doors, and so 
 continued until the hoiir of recess. 
 
1862.] STATE CONVENTION. 59 
 
 4 O'clock, P. M. 
 The Convention re-assembled in secret session, and so re- 
 mained until a late hour, when tho doors were opened, and, 
 On motion of Mr. Badger, the Convention adjourned. 
 
 / 
 
 IN CONVENTION, Thursday, February 13, 1862. 
 
 The President called the Convention to order. Prayer by 
 Rev. J. S. Long, of the M. E. Church. 
 
 The journal of yesterday was read and approved. 
 
 Mr. Moseley presented a petition from sundry citizens of 
 Sampson and Duplin counties, asking the action of the Conven- 
 tion to prevent the destruction of grain, by distillation, which, 
 on his motion, was filed with other papers on the same subject. 
 
 On motion of Mr. Schenck, leave of absence for the remain- 
 der of the session, was granted Mr. Johnston, from and after 
 to-morrow. 
 
 Mr. Foster, of Ashe, from the committee on that subject, 
 reported an ordinance to perfect certain grants of land, which 
 passed its first reading. 
 
 On motion of Mr. Mitchell, the rules were suspended, and 
 the ordinance rend the second time. 
 
 Mr. Meares moved that the ordinance lie on the table, and 
 it was agreed to. 
 
 Mr. Leak, of Richmond, introduced an ordinance to prevent 
 the distillation of grain for the period of twelve months, which 
 passed its first reading. 
 
 He moved to suspend the rules so that the ordinance may be 
 now considered, which was not agreed to. 
 
 Mr. Graham introduced a series of resolutions, relating to 
 the re-enlistment of volunteers, which were ordered to be printed. 
 
 Mr. Ruffin introduced an ordinance to amend the Bill of 
 Rights, which passed its first reading. 
 
 Mr. Graham gave notice of an amendment to the ordinance 
 to amend the Bill of Rights, reported by the committee, describ- 
 ing the boundaries of the State, which was ordered to be printed. 
 
60 JOURNAL OF THE [3d Session, 
 
 Mr. Jones, of Rowan, introduced an ordinance to facilitate 
 the raising of volunteers, which passed its first reading. 
 
 Mr. Badger offered the following : 
 
 Resolved, That His Excellency, the Governor, be and he is 
 hereby requested, to communicate to this Convention, copies of 
 the correspondence, if any there be, between the Executive 
 authorities of this State and the Department of War and Navy, 
 touching the defense of Roanoke Island, and the Albemarle and 
 adjacent country. 
 
 On his motion the rules were suspended and the resolution 
 adopted. 
 
 Mr. McDuffie moved a suspension of the rules in order that 
 the resolutions introduced by Mr. Graham this morning, may 
 be now considered ; and it was agreed to. 
 
 The resolutions were then read and adopted. 
 
 On motion of Mr. Osborne, the Convention proceeded to sit 
 with closed doors, and so continued until the hour of recess. 
 
 4 O'clock, P. M. 
 
 Mr. Woodfin, by consent, gave notice of an amendment to 
 the ordinance providing for the assumption and payment of the 
 Confederate tax, which amendment was ordered to be printed. 
 
 The doors were then closed, and the Convention sat in secret 
 session until a late hour. When the doors were again opened, 
 
 On motion of Mr. Badger, the Convention adjourned. 
 
 IN CONVENTION, Friday, February 14, 1862. 
 
 The President took the chair and called the Convention to 
 order. Prayer by the Rev. Henry Hardie, of the Presbyte- 
 rian Church. 
 
 The journal of yesterday was read and approved. 
 
 L. N. B. Battle, delegate elect from the county of Nash, to 
 fill the vacancy occasioned by the resignation of Mr. Arring- 
 
1862.] STATE CONVENTION. 61 
 
 ton, produced his credentials and took his seat in the Conven- 
 tion. 
 
 The Convention then proceeded to consider the ordinance to 
 provide North Carolina's quota of Confederate troops, which 
 was reported by Mr. Howard, from the committee on Military 
 Aflfairs, in lieu of the original, which had been recommitted. 
 
 Mr. Sanders moved to strike out the first clause of the sec- 
 ond section. 
 
 Mr. Battle, of Edgecombe, moved to amend the section by 
 adding to the first clause, as follows : " Unless otherwise or- 
 dered by the Confederate government, or unless they may be 
 required for local defense," on which the ayes and noes were 
 ordered, on motion of Mr. Howard, and resulted in the affirma- 
 tive, as follows : 
 
 Ayes — Messrs. Badger, Battle of Edgecombe, Battle of 
 Nash, Battle of Wake, Brodnax, Bunting, Cunningham, Darden, 
 DicksoTi, Durham, Edwards, Fuller, Gorrell, Greenlee, Har- 
 grove, Hicks, Holmes, Howard, Johnston, Jones of Rowan, 
 Kelly, Lyon, McDowell of Madison, McDufBe, Mebane, Miller, 
 Moselcy, Osborne, Pcnland, Pliifer, Hoid, Rhodes, Royster, 
 Ruffin, Sanders, Schcnck, Sctzer,,Shipp, Smith of Johnston, 
 Starbuck, Strange, Strong of Wayne, Sutherland, Thomas of 
 Carteret, Thompson, Thornton, Turner, Washington, Williams, 
 Woodfin and Wooten — 51. 
 
 Noes — Messrs. Allison, Berry, Bogle, Bond, BroAvn, Bryson, 
 Caldwell, CalloAvay, Cannon, Christian, Dick, Douthitt, Foster 
 of Ashe, Gilmer, Graham, Hcarno, Holden, Houston, Jones of 
 Caldwell, Joyce, Leak of Richmond, Long, Mann, Manning, 
 McNeill of Cumberland, Meares, Merritt, Michal, Mitchell, 
 Murrill, Satterthwaitc, Smith of Macon, Sprouse, Thomas of 
 Jackson, Warren and Wilson — 36. 
 
 The question now recurred on the motion of Mr. Sanders, 
 on which the ayes and noes were ordered, and resulted in the 
 affirmative, as folloAVS : 
 
 Ayes — Messrs. Allison, Badger, Battle of Wake, Berry, 
 Bogle, Bond, Brown, Bryson, Calloway, Cannon, Christian, 
 Cunningham, Dick, Douthitt, Durham, Foster of Ashe, Fuller, 
 
62 JOURNAL OF THE [3d Session, 
 
 Gilmer, Gorrell, Graham, Hargrove, Hearne, Holden, Johnston, 
 Jones of Caldwell, Joyce, Leak of Richmond, Long, Lyon, 
 Mann, Manning, McDuffie, McNeill of Cumberland, Meares, Me- 
 bane, Merritt, Michal, Miller, Mitchell, Murrill, Myers, Rhodes, 
 Royster, Sanders, Satterthwaite, Setzer, Smith of Johnston, 
 Smith of Macon, Sprouse, Starbuck, Warren and Wilson — 52. 
 
 Noes — Messrs. Battle of Edgecombe, Battle of Nash, Brod- 
 nax. Bunting, Caldwell, Dickson, Edwards, Greenlee, Hicks, 
 Holmes, Howard, Jones of Rowan, Kelly, McDowell of Madi- 
 son, Moseley, Osborne, Penland, Phifer, Reid, Ruffin, Schenck, 
 Shipp, Strange, Strong of Wayne, Sutherland, Thomas of Car- 
 teret, Thompson, Thornton, Turner, Washington, Williams, 
 Woodfin and Wooten — 33. 
 
 Mr. Gilmer moved to strike out the first and second sections, 
 and insert as follows : That it shall be the duty of the Governor, 
 from time to time, to issue his proclamation calling for volun- 
 teers to meet the requisitions of the Confederate States, now 
 made or hereafter to be made ; Provided, however, that the 
 volunteers heretofore in service, re-enlisting, shall have credit 
 for the time they have served ; Provided, further, that volun- 
 teers shall not be for a longer term than three years or during 
 the war ; and Provided furth'fer, that the Governor shall not be 
 required to keep in the Confederate service more than the regu- 
 lar quota of North Carolina. 
 
 On this question the ayes and noes were ordered, on motion 
 of Mr. Howard, and resulted in the affirmative, as follows : 
 
 Ayes— Messrs. Allison, Badger, Battle of Edgecombe, Bat- 
 tle of Nash, Brodnax, Brown, Bunting, Cunningham, Darden, 
 Dickson, Durham, Foster of Ashe, Fuller, Gilmer, Green- 
 lee, Hargrove, Hicks, Holmes, Howard, Johnston, Jones of 
 Caldwell, Jones of Rowan, Kelly, Lyon, McDuffie, McNeill of 
 Cumberland, Miller, Moseley, Murrill, Osborne, Penland, Phi- 
 fer, Reid, Rhodes, Royster, Ruffin, Schenck, Setzer, Shipp, 
 Starbuck, Strange, Strong of Mecklenburg, Strong of Wayne, 
 Sutherland, Thompson, Thornton, Turner, Warren, Williams, 
 Williamson, Wilson, Woodfin and Wooten — 53. 
 
1862.] STATE CONVENTION. 63 
 
 *f 
 
 Noes — Messrs. Battle of Wake, Berry, Bogle, ijoi^a, I!xV- 
 son, Caldwell, Calloway, Cannon, Dick, Douthitt, Gorrcll, Gra- 
 ham, Hearne, Holden, Leak of Richmond, Long, Mann, Man- 
 ning, Mebane, Merritt, Michal, Mitchell, Myers, Rayner, San- 
 ders, Satterthwaite, Smith of Johnston, Smith of Macon, 
 Sprouse, Thomas of Carteret, and Washington — 31. 
 
 Mr. Badger moved to reconsider the vote by which Mr. 
 Gihner's amendment was agreed to, and the motion prevailed. 
 
 He then moved to amend by striking out the words, " shall 
 be required," in the last proviso, on which the ayes and noes 
 Avere ordered, and resulted in the negative, as follows : 
 
 Ayes — Messrs. Berry, Brodnax, Calloway, Cannon, Gorrell, 
 Graham, Hearne, Holden, Jones of Rowan, Long, Mann, Man- 
 ning, Merritt, Mitchell, Murrill, Myers, Satterthwaite, Setzer 
 and Smith of Macon — 19. 
 
 Noes — Messrs. Battle of Edgecombe, Battle of Nash, Battle 
 of Wake, Bryson, Bunting, Caldwell, Cunningham, Darden, 
 Dickson, Douthitt, Edwards, Foster of Ashe, Fuller, Gilmer, 
 Greenlee, Hargrove, Hicks, Holmes, Howard, Jones of Cald- 
 well, Joyce, Leak of Richmond, ]\IcDowell of Madison, McDuffie, 
 McNeill of Cumberland, Mebane, Michal, Miller, Moseley, 
 Penland, Rayner, Reid, Rhodes, Royster, Ruffin, Sanders, 
 Schenck, Sprouse, Starbuck, Strange, Strong of Mecklenburg, 
 Strong of Wayne, Sutherland, Thomas of Jackson, Thompson, 
 Thornton, Turner, Washington, Williams, Williamson, Wilson, 
 Woodfin and Wooten — 53. 
 
 The question again recurred upon Mr. Gilmer's amendment, 
 on which the ayes and noes were ordered, and resulted in the 
 affirmative, as follows : 
 
 Ayes — Messrs. Battle of Edgecombe, Battle of Nash, Brod- 
 nax, Bunting, Caldwell, Cunningham, Darden, Dickson, Douth- 
 itt, Durham, Edwards, Foster of Ashe, Fuller, Gilmer, Greenlee, 
 Hargrove, Hearne, Hicks, Holmes, Howard, Jones of Caldwell, 
 Jones of Rowan, Joyce, Kelly, Leak of Richmond, Long, 
 Lyon, McDowell of Madison, McDuffie, McNeill of Cumberland, 
 Meares, Mebane, Miller, Moseley, Murrill, Penland, Rayner, 
 Reid, Rhodes, Royster, Ruffin, Schenck, Starbuck, Strange, 
 44 
 
64 JOURNAL OF THE [3d Session, 
 
 Strong of Mecklenburg, Strong of Wayne, Sutherland, Thomp- 
 son, Thornton, Turner, Williams, Williamson, Wilson, Woodfin 
 and Wooten — 53. 
 
 Noes — Messrs. Battle of Wake, Berry, Bond, Bryson, Cal- 
 loway, Cannon, Gorrell, Graham, Ilolden, Mann, Merritt, 
 Michal, Mitchell, Myers, Sanders, Satterthwaitc, Setzer, Smith 
 of Macon, Sprouse, and Thomas of Jackson — 21. 
 
 The Convention then took a recess. 
 
 4 O'CLOCK, P. M. 
 
 The Convention rc-assemblcd and resumed the consideration 
 of the business pending at the hour of recess. 
 
 Mr. Howard moved to amend the third section by inserting, 
 after the word " troops," in the third line, the words, " under 
 the present requisition," and it was agreed to. 
 
 He also moved to amend the 4th section by inserting the 
 word "nor" after the word "captain," in the Seconal line, and 
 it was agreed to. 
 
 Also to amend the 5th section by inserting after the word 
 "service," in the third line, the words, "required by this sec- 
 tion," which was agreed to. 
 
 Mr. Merritt moved to strike out the section, on which the 
 ayes and noes were ordered. 
 
 Pending the consideration of this amendment, by consent, 
 Mr. Holmes offered the following : 
 
 Resolved, That the President of the Convention be requested 
 to send by telegraph to the President of the Confederate States, 
 the resolutions in relation to our coast defences, adopted on 
 yesterday ; and it was agreed to. 
 
 On motion of Mr. Warren, leave of absence was granted to 
 Mr. Meares. 
 
 On motion of Mr. Long, leave of absence for a few days was 
 granted to James Page, Principal Doorkeeper. 
 
 And then, on motion of Mr. Michal, the Convention adjourned. 
 
1862.] STATE CONVEI^TION. 65 
 
 IN CONVENTION, Saturday, February 15, 1862. 
 
 The Convention met, Hon. Wm. A. Graham in the chair, by 
 written request of the President. Prayer by Rev. Frederick 
 FitzGerald, of the P. E. Church. 
 
 The journal of yesterday was read and approved. 
 
 On motion of Mr. Thornton, leave of absence, after to-day, 
 was granted to Mr. Williams. 
 
 On motion of Mr. Strange, leave of absence was granted to 
 Messrs. Bunting and Moseley, until Wednesday next. 
 
 On motion of Mr. Gilmer, leave of absence was granted, for 
 to-day, to Mr. Washington. 
 
 Mr. Strange presented a communication from the committee 
 of safety of Wilmington, which was ordered to lie on the table. 
 
 He also offered the following : * 
 
 Resolved, That the Governor be, and he is hereby authorized 
 to raise, by voluntary enlistment, not exceeding three companies 
 of artillery, 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 companies in 
 the service of the Confederate States. 
 
 Resolved, further, That the Governor be authorized to appoint 
 captains and lieutenants to recruit such companies ; the term of 
 service of such companies to be for twelve months, or three 
 years or the war, unless sooner discharged by the Governor. 
 
 On motion of Mr. Reid, the rules were suspended, and the 
 resolutions put upon their passage. 
 
 Mr. Ruffin moved to amend as follows : 
 
 Resolved further. That such forces, when raised, shall be 
 tendered to the President of the Confederate States, and if 
 accepted, shall be transferred accordingly ; which was agreed to. 
 
 Mr. Strange now moved that the resolutions lie on the table, 
 which was not agreed to. 
 
 The resolutions, as amended, were then adopted. 
 
C6 JOURNAL OF THE [3d Session, 
 
 Mr. Gilmer, from the committee on that subject, reported an 
 ordinance to complete the Cape Fear and Deep River Improve- 
 ment, which passed its first reading, and the report, with the 
 ordinance, ordered to be printed. 
 
 Mr. Mcbane offered a resolution in relation to the defects in 
 the revenue laws of the State, which was agreed to. 
 ' Mr. Berry introduced an ordinance to prohibit for a limited 
 time the manufacture of spirituous liquors from grain, which 
 passed its first reading. 
 
 Mr. Michal introduced an ordinance to restrict the distillation 
 of grain, which passed its first reading. 
 
 Mr. Schenck introduced an ordinance for the suppression of 
 distillation, which passed its first reading. 
 
 On motion of Mr. Satterthwaite, the Convention went into 
 the consideration of the ordinance to provide for the assumption 
 and payment of the Confederate tax. 
 Mr. Woodfin moved to amend as follows : 
 Be it further ordained^ That in payment of the Treasury 
 notes hereby authorized, or of the bonds in which they may be 
 funded, the funds of 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 
 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 on deposit, shall bo liable as under said act of 
 Congress. 
 
 Be it further ordained, That for the purpose 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. 
 The amendments were adopted. 
 
 Mr. Satterthwaite moved to amend as follows : — In the 
 second section, strike out the words, " aggregate amount," and 
 
1862.] STATE CONVENTION. 67 
 
 insert, "sufficient to provide for tlie payment," which was 
 agreed to. 
 
 The question now recurring on the passage of the ordinance 
 as amended on the second reading, the ayes and noes were 
 ordered, on motion of Mr. Satterthwaite, and resulted in the 
 affirmative, as follows : 
 
 Ayes — Messrs. Battle of Edgecombe, Battle of Nash, Berry, 
 Bogle, Brodnax, Bryson, Caldwell, Calloway, Cannon, Chris- 
 tian, Cou,ncill, Cunningham, Darden, Dick, Dickson, Durham, 
 Foster of Ashe, Fuller, Gorrell, Greenlee, Hargrove, Hicks, 
 Houston, Howard, Jones of Caldwell, Jones of Rowan, Joyce, 
 Kelly, Leak of Richmond, Long, Lyon, Mann, McDowell of 
 Madison, McDuffie, McNeill of Cumberland, Michal, Miller, 
 Murrill, Myers, Osborne, Phifer, Reid, Rhodes, Royster, Sat- 
 terthwaite, Schenck, Shipp, Smith of Macon, Sprouse, Star- 
 buck, Strange, Strong of Mecklenburg, Strong of Wayne, 
 Sutherland, Thomas of Carteret, Thompson, Thornton, Turner, 
 "Warren, Williams, Wilson, Woodfin and Wooten — 03. 
 
 Noes — Messrs. Allison, Battle of Wake, Brown, Hcarne, 
 Holden, Manning, Mebane, Merritt, Penland, Ruffin and Set- 
 zer — 11. 
 
 On motion, the rules were suspended, the ordinance read the 
 third time and passed, and ordered to be enrolled. 
 
 Mr. Satterthwaite moved to reconsider the vote by which the 
 ordinance passed the third reading, and it was not agreed to. 
 
 Mr. Shipp moved to reconsider the vote by which the Con- 
 vention passed the resolutions of Mr. Strange, and the motion 
 prevailed. 
 
 Mr. Strange then moved to strike out of the resolution the 
 words inserted on motion of Mr. Ruffin, and it was agreed to. 
 
 The resolutions, as amended, were then adopted and ordered 
 to be enrolled. 
 
 Mr, Miller offered a resolution providing for the payment of 
 the Confederate tax collectors, which lies over one day. 
 
 On motion of ^Ir. Howard, the Convention then proceeded 
 to the consideration of the ordinance reported by the commit- 
 tee on Military Affairs. 
 
68 JOURNAL OF THE [3d Session, 
 
 He moved to amend the 5th section by striking out the 
 
 words, " with the rank and pay of during the time of 
 
 service," which was agreed to. 
 
 The question then recurred on the motion of Mr. Merritt to 
 strike out the section, and it was agreed to. 
 
 Mr. Jones, of Rowan, now moved to insert, in lieu of the sec- 
 tion just struck out, the following: "The Governor shall call 
 upon the several captains of volunteer companies from North 
 Carolina, now in the field, or other officers in command, to mus- 
 ter their said companies for re-enlistment, and shall make 
 known to them the earnest desire of this Convention, and of 
 the people of this State, that they shall enlist for three years 
 or for the war ; and, in order to forward this purpose, the cap- 
 tains of companies, or officers in command, on the occasion of 
 such muster, shall put the question distinctly to every officer 
 and soldier belonging thereto, whether he will 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 residence at the time of their entry 
 into service, and the signature of the person so enlisting shall 
 be as binding as if he had been mustered into service ; which 
 list he Avill immediately return to the office of the Adjutant 
 General of the State." 
 
 Mr. Starbuck moved to amend the amendment as follows : 
 That the Governor shall, as soon as practicable, by proclama- 
 tion, require each captain in the service, on or before the 15th 
 of March next, to return to the Adjutant General a list of all 
 the officers and men under his command, with the county of the 
 residence of each, at the time of his entry into service. 
 
 The Governor shall also make known in his proclamation to 
 each company of twelve months men the bounty provided by 
 this ordinance and the Act of the Confederate Congress, to be 
 paid to each person who shall re-enlist for three years or during 
 the war, and tliat they shall be permitted to elect their own 
 officers. lie shall further inform them in his proclamation of 
 the action of this Convention, urging the Confederate Congress 
 to provide pensions or bounties for the widows and children of 
 
1862.] STATE CONVENTION. 69 
 
 those who die in the service ; and the Governor shall furnish 
 each Captain for distribution among his men, ten copies of said 
 proclamation. 
 
 That within thirty days from the time that each company 
 shall be furnished as aforesaid, with the Governor's proclama- 
 tion, he shall cause such company to be mustered for re-enlist- 
 ment, by the oflBcers commanding the same ; who shall submit 
 to each volunteer the question whether he will re-cnlist or not, 
 and shall make out an accurate company roll of the names of 
 all who re-enlist, and return the same forthwith to the Adjutant 
 General. 
 
 * That on the day on which the term of any volunteer company 
 shall expire, or as soon thereafter as may be, the volunteers so 
 re-enlisting, among themselves, or with any new volunteers, 
 shall proceed to organize their company and elect their oflScers ; 
 and each volunteer thus re-enlisting shall have credit for the 
 time he may have already served. 
 
 The question was put and the amendment was not adopted. 
 
 The question recurred on the amendment of Mr. Jones, and 
 it was agreed to. 
 
 On motion of Mr. Smith, of Macon, the 6th and 7th sections 
 were merged into one, and the word " other," in the last clause, 
 was stricken out. 
 
 Mr. Howard moved to amend the next section by inserting 
 after the word "volunteers," the words, "not re-enlisting in 
 their present organization," and add, " and the company com- 
 missioned officers shall elect their field officers," and the 
 amendments were agreed to. 
 
 Mr. Jones, of Rowan, moved to add the following : " and 
 the commissions of officers rc-appoiuted, shall bear the date of 
 their former commissions," and it was agreed to. 
 
 Mr. Howard offered the following as a new section : 
 
 " That the Governor shall have power to appoint captains 
 and lieutenants to recruit men for the service as 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, 
 
70 JOURNAL OF THE [3d Session, 
 
 hotoeve?', That no person under such appointment shall receive 
 a commission or pay, except as follows : When a person ten- 
 ders forty privates, who, in writing, shall have agreed to serve 
 under him, a captain's commission ; twenty-five privates, a first 
 lieutenant's commission ; and fifteen privates, a second lieuten- 
 ant's commission." The amendment was adopted. 
 
 [A message was received from His Excellency, the Governor, 
 at the hands of his Private Secretary.] 
 
 Mr. Lyon moved to amend the 8th section of the ordinance, 
 as folloAYS : " That the sum of four dollars per month shall be 
 paid by tho State to all privates, non-commissioned officers and 
 musicians, volunteering for the war, during the Avholo term of 
 actual ser\ace, which amendment was not agreed to. 
 
 Mr. Howard moved to amend by inserting after the word, 
 "bounty," the words, "deducting the bounty already paid," 
 which was agreed to; also, add as follows: "Provided, how- 
 ever, that any soldier may permit his bounty to remain in the 
 Treasury, and draw the same with interest at the end of the 
 year from the time it is due, or at the time of his discharge," 
 which was also agreed to. 
 
 Mr. Battle, of Wake, from the committee on Enrollments, 
 reported, as correctly enrolled, the resolutions relating to the 
 defenses at or near Wilmington, and the same were duly ratified. 
 
 The consideration of the pending ordinance was then resumed. 
 
 Mr. Hargrove moved to amend the second proviso, by striking 
 out the words, " or during the war," and inserting, " but to be 
 sooner discharged in case the present war terminates before the 
 expiration of that time," and it was agreed to. 
 
 The ordinance then passed the second reading as amended, 
 and was ordered to be printed. 
 
 On motion of Mr. Battle, of Wake, leave of absence until 
 Tuesday next, was granted to Mr. Sanders. 
 
 On motion of Mr. Cunningham, leave of absence was granted 
 to Messrs. Hargrove and Royster ; on motion of Mr. Strong, to 
 Mr. Greenlee from and after Monday ; on motion of Mr. Cald- 
 well, to Mr. McDowell, of Madison ; and to Mr. Strange until 
 Wednesday, on motion of Mr. Howard. 
 
1862.] STATE CONVENTION. 71 
 
 On motion of Mr. Bond, the doors were closed, and the Con- 
 vention remained in secret session for some time. When the 
 doors were again opened. 
 
 On motion of Mr. Graham, the Convention adjourned. 
 
 IN CONVENTION, Monday, February 17, 18G2. 
 
 The Convention met, Hon. W. A. Graham in the Chair. 
 
 The journal of Saturday was read and approved. 
 
 The President announced that he had received a dispatch from 
 the President of the Confederate States, whereupon, on motion 
 of Mr. Rcid, the Convention proceeded to sit with closed doors. 
 
 After remaining some time in secret session, the doors were 
 again opened. 
 
 Mr. Christian moved to take up the ordinance in relation to 
 the Cheraw and Coalfields Railroad. 
 
 Mr. Schenck moved to lay that motion on the table, on which 
 the ayes and noes were ordered, on motion of Mr. Cunningham, 
 and resulted in the affirmative, as follows : 
 
 Aye? — Messrs. Battle of Edgecombe, Battle of Nash, Battle 
 of Wake, Brown, Calloway, Councill, Cunningham, Darden, 
 Dickson, Durham, Fuller, Greenlee, Hargrove, Hicks, Houston, 
 Howard, Jones of Caldwell, Jones of Rowan, Kelly, Leak of 
 Richmond, Lyon, McDowell of Madison, McDuffie, Michal, 
 Mitchell, Osborne, Penland, Rhodes, Ruffin, Satterthwaite, 
 Schenck, Setzer, Shipp, Smith of Johnston, Sprouso, Strong 
 of Mecklenburg, Sutherland, Turner, Warren, W^illiams and 
 Wootcn — 41. 
 
 Noes — IVIessrs. Allison, Badger, Berry, Bogle, Brodnax, 
 Cannon, Christian, Douthitt, Foster of Ashe, Foster of Ran- 
 dolph, Gilmer, Gorrell, Graham, Hearne, Headen, Ilolden, 
 Joyce, Long, Mann, Manning, Murrill, Myers, Phifer, Reid, 
 Spruill of Tyrrell, Starbuck, Wilson and Woodfin— 29. 
 
 Mr. Smith, of Macon, from the committee on Enrollments, 
 reported as correctly enrolled, the ordinance to provide for the 
 assumption and payment of the Confederate tax, and the same 
 was duly ratified in open Convention. 
 45 
 
72 JOURNAL OF THE [3d Session, 
 
 Mr. Schenck offered the following : 
 
 Besolved, That the Quartermaster and Commissary at Raleigh, 
 and other Railroad connections, if in their power, be directed to 
 furnish all volunteers who may be necessarily detained at such 
 points, food and lodging during such necessary detention, and 
 be allowed the cost of the same in the settlement of their 
 accounts ; and the resolution was adopted. 
 
 The ordinance to provide for the office of Lieutenant-Governor 
 was then read the second time. 
 
 Mr. Woodfin moved that it lie on the table, on which the ayes 
 and noes were ordered, on motion of Mr. Jones, of Rowan, and 
 resulted in the affirmative, as follows : 
 
 Ayes — Messrs. Battle of Edgecombe, Battle of Nash, Berry, 
 Bogle, Bond, Brown, Caldwell, Calloway, Cunningham, Darden, 
 Dickson, Douthitt, Dui'ham, Graham, Greenlee, Hargrove, 
 Hearne, Headcn, Hicks, Howard, Jones of Caldwell, Jones of 
 Rowan, Kelly, Long, Lyon, McDowell of Madison, McDuffie, 
 Michal, Miller, Murrill, Osborne, Penland, Phifer, Reid, Ruffin, 
 Satterthwaite, Schenck, Setzer, Shipp, Strong of Mecklenburg, 
 Sutherland, Thomas of Carteret, Thornton, Williams, William- 
 son, Woodfin and Wooten — 47. 
 
 Noes — Messrs. Allison, Badger, Battle of Wake, Brodnax, 
 Cannon, Christian, Councill, Foster of Ashe, Foster of Ran- 
 dolph, Fuller, Gilmer, Gorrell, Holdcn, Houston, Joyce, Mann, 
 Manning, Mitchell, Myers, Rhodes, Smith of Johnston, Smith 
 of Macon, Sprouse, Spruill of Tyrrell, Starbuck, Turner, Warren 
 and Wilson— 29. 
 
 Mr. Woodfin moved to take up the resolution introduced some 
 days ago by Mr. Reid, relating to discussion, and t\^e recess of 
 the Convention, which was agreed to. 
 
 [By consent, Mr. Battle, of Wake, from the committee on 
 Enrollments, reported, as correctly enrolled, the resolution of 
 Mr. Schenck, passed this morning, in relation to detained vol- 
 unteers, and the same was duly ratified.] 
 
 Resuming the pending question, Mr. Reid withdrew his first 
 resolution. 
 
 Mr. Long moved to fill the blank with " the third Monday in 
 May," which was not agreed to. 
 
1862.] STATE CONVENTION. 73 
 
 Mr. Smith, of Johnston, moved to insert " the first Monday 
 in August," which was not agreed to. 
 
 Mr. Michal moved to insert " the first Monday in May," 
 which was not agreed to. 
 
 He then moved to insert "thii'd Monday in April," which 
 was agreed to. 
 
 Mr. Cihner moved to strike out, '' Friday, 21st," and insert, 
 "Friday, 28th." 
 
 Mr. Satterthwaitc moved to^ lay the whole subject on the 
 table, on which the ayes and noes were ordered, on motion of 
 Mr. Setzer, and resulted the negative — thcro being a tie vote, 
 as follows : 
 
 Ayes — Messrs. Allison, Badger, Battle of Edgecombe, Battle 
 of Nash, Battle of Wake, Berry, Calloway, Christian, Councill, 
 Dickson, Fuller, Gilmer, Gorrell, Holdcn, Howard, Jones of 
 Rowan, Joyce, Leak of Richmond, Long, Mann, Manning, 
 McDuffie, Meares, Mitchell, Osborne, Phifer, Rhodes, Satter- 
 thwaitc, Schcnck, Shipp, Smith of Macon, Sprouse, Starbuck, 
 Strong of Mecklenburg, Turner, Warren and Wilson — 37. 
 
 Noes — Messrs. Boglo, Brodnax, Brown, Caldwell, Cannon, 
 Cunningham, Darden, Douthitt, Durham, Foster of Ashe, Fos- 
 ter of Randolph, Graham, Greenlee, Hargrove, Hearne, Ileaden, 
 Hicks, Houston, Jones of Caldwell, Kelly, Lyon, McDowell of 
 Madison, Michal, Miller, Murrill, Penland, Reid, Ruffin, Setzer, 
 Smith of Johnston, Sutherland, Thomas of Carteret, Thornton, 
 AVilliams, Williamson, Woodfin and Wooten — 37. 
 
 The (question recurred on the amendment offered by Mr. 
 Gilmer, on which the ayes and noes were ordered, on motion of 
 Mr. Darden, and resulted in the negative, as follows: 
 
 Ayes — Messrs. Allison, Badger, Battle of Wake, Brodnax, 
 Calloway, Christian, Councill, Foster of Randolph, Gilmer, 
 Gorrell, Holden, Joyce, Leak of Richmond, Long, Mann, Man- 
 ning, Murrill, Osborne, Rhodes, Smith of Macon, Sprouse, 
 Starbuck, Thomas of Carteret, Turner, Warren and Wilson — 26. 
 
 Noes— Messrs. Battle of Edgecombe, Battle of Nash, Berry, 
 Bogle, Bond, Brown, Caldwell, Cunningham, Darden, Dickson, 
 Douthitt, Durham, Foster of Ashe, Fuller, Graham, Greenlee, 
 
74 JOURNAL OF THE [3d Session, 
 
 Hargrove, Hearne, Headen, Hicks, Houston, Howard, Jones of 
 Caldwell, Jones of Rowan, Kelly, Lyon, McDowell of Madison, 
 McDuffie, Michal, Miller, Pcnland, Tliifcr, Reid, Ruffin, Sat- 
 tertlnvaitc, Schcnck, Setzer, Shipp, Smith of Johnston, Strong 
 of Mecklenburg, Sutherland, Thornton, Williams, Williamson,, 
 Woodfin and Wooten — 46. 
 
 Mr. Reid moved to strike out "21st" and insert "22d." 
 Mr. Jones, of Rowan, moved to amend the amendment, by 
 inserting "25tli" instead of "22d." 
 
 Pending the consideration of which, the hour arrived, and the 
 Convention took a recess. 
 
 4 O'clock, P. M. 
 
 ISIr. Ruffin, from the Judiciary committee, reported an ordi- 
 nance in relation to the Judicial Department of this State, 
 which passed its first reading. 
 
 Mr. Gilmer offered an amendment to the rules, providing for a 
 call of the previous question on all subjects under debate in the 
 Convention ; which lies over one day. 
 
 The Convention resumed the consideration of the matter 
 pending at the hour of recess, the question being on the amend- 
 ment offered by Mr. Jones, of Rowan, on which the ayes and 
 noes were ordered, on motion of Mr. Schenck, and resulted in 
 the affirmative, as follows : 
 
 Ayes — Messrs. Allison, Badger, Battle of Nash, Battle of 
 Wake, Bogle, Brodnax, Calloway, Cannon, Christian, Councill, 
 Dickson, Foster of Ashe, Fuller, Gilmer, Hicks, Holden, Jones 
 of Rowan, Joyce, Leak of Richmond, Long, Mann, Manning, 
 McDuffie, McNeill of Cumberland, Miller, Mitchell, Murrill, 
 Phifer, Rhodes, Ruffin, Shipp, Smith of Johnston, Smith of 
 Macon, Sprouse, Starbuck, Thomas of Carteret, Turner, War- 
 ren and Wilson — 39. 
 
 Noes — Messrs. Berry, Caldwell, Cunningham, Dardeja, Douth- 
 itt, Durham, Graham, Greenlee, Hargrove, Hearne, Headen, 
 Houston, Howard, Jones of Caldwell, Kelly, Lyon, McDowell of 
 
1862.] STATE CONVENTION. 75 
 
 Madison, Michal, Penland, Reid, Sattertliwaite, Schenck, Set- 
 zcr, Strong of Mecklenburg, Sutherland, Thornton, Williamson, 
 Woodfin and Wootcn — 29. 
 
 Mr. Reid ofiercd the following amendment : " Unless sooner 
 convened by the rrcsident, or in case of his death or resigna- 
 tion, subject to be convened at the call of Messrs. Ruffin, Bad- 
 ger, Graham, Osborne and Brown, members of the Convention, 
 or any three of them," and it was agreed to. 
 
 Mr. Dardcn moved to strike out all after the words, '* Tues- 
 day next," on which the ayes and noes were ordered, on motion 
 of Mr. Badger, and resulted in the negative, as follows : 
 
 Ayes— Messrs. Battle of Edgecombe, Battle of Nash, Cald- 
 well, Cunningham, Darden, Dickson, Diirham, Foster of Ashe, 
 Greenlee,. Hargrove, Ilicks, Howard, Lyon, McDowell of Madi- 
 son, McDuffie, Michal, Miller, Mitchell, Murrill, Penland, Reid, 
 Schenck, Setzer, Smith of Johnston, Strong of Mecklenburg 
 
 Sutherland, Thornton, Williams and Wooten 29. 
 
 Noes— Messrs. Allison, Badger, Battle of Wake, Berry, Bo- 
 gle, Brodnax, Calloway, Cannon, Christian, Couucill, Doulhitt, 
 Fuller, Gilmer, Gorrell, Graham, Hearne, Headen, Ilolden' 
 Houston, Jones of Caldwell, Jones of Rowan, Joyce, Kelly, 
 Leak of Richmond, Long, Mann, INLanning, McNeill of Cum- 
 berland, Phifcr, Rhodes, RuflGn, Satterthwaite, Smith of Macon, 
 Sprouse, Staibuck, Thomas of Carteret, Turner, Warren, Wil- 
 liamson, Wilson and Woodfin — 41. 
 
 The question recurred on the passage of the resolution as 
 amended, on which the ayes and noes were ordered, on motion 
 of Mr. Manning, and resulted in the affirmative, as follows : 
 
 Ayes- Messrs. Allison, Battle of Edgecombe, Battle of 
 Nash, Bogle, Bond, Brodnax, Brown, Calloway, Christian, 
 Councill, Cunningham, Darden, Dickson, Douthitt, Durham,' 
 Foster of Ashe, Graham, Hargrove, Hearne, Headen, Hicks, 
 Ilolden, Houston, Jones of Caldwell, Jones of Rowan, Joyce^ 
 Kelly, Leak of Richmond, Long, Lyon, McDowell of Madison' 
 McDuffie, McNeill of Cumberland, Michal, Miller, Murrill, 
 Osborne, Phifcr, Reid, Rhodes, Ruffin, Setzer, Smith of Macon,' 
 Starbuck, Strong of Mecklenburg, Sutherland, Thomas of Car- 
 
76 JOURNAL OF THE [3d Session, 
 
 teret, Thornton, Williams, Williamson, Wilson, Woodfin and 
 Wootcn— 53. 
 
 Noes — Messrs. Badger, Battle of Wake, Berry, Caldwell, 
 Cannon, Fuller, Gorrtll, Mann, Manning, Meares, Mitchell, 
 Penland, Sattertlnvaite, Schcnck, Shipp, Smith of Johnston, 
 Sprousc, Turner and Warren — 19. 
 
 By consent, Mr. Michal oflercd tho following : 
 
 Mesolved, That from and after to-day, this Convention will 
 meet at 7 o'clock, P. M., after taking a recess at the close of 
 the afternoon session. Lies over one day. 
 
 Mr. Howard moved that the Convention proceed to the con- 
 sideration of the ordinance reported by the Military Committee, 
 on which the ayes and noes were ordered, on motion of Mr. 
 Badger, and resulted in the affirmative, as follows: 
 
 Ayes — Messrs. Battle of Edgecombe, Battle of Nash, Battle 
 of Wake, Berry, Bogle, Bond, Brodnax, Brown, Caldwell, Cal- 
 loAvay, Cannon, Councill, Cunningham, Darden, Dickson, Douth- 
 itt, Durham, Foster of Ashe, Fuller, Gorrell, Graham, Har- 
 grove, Hearne, Headen, Hicks, Holden, Howard, Jones of Cald- 
 well, Joyce, Kelly, Leak of Richmond, Long, Lyon, McDowell 
 of Madison, McDuffie, McNeill of Cumberland, Michal, Miller, 
 Mitchell, Murrill, Osborne, Penland, Phifcr, Reid, Rhodes, 
 Ruffin, Satterthwaite, Schenck, Setzer, Shipp, Smith of John- 
 ston, Starbuck, Strong of Mecklenburg, Sutherland, Thornton, 
 Turner, Williams, Williamson, Woodfin and Wooten — 60. 
 
 Noes — Messrs. Allison, Badger, Christian, Jones of Rowan, 
 Meares, Smith of Macon, Sprousc, Warren and Wilson — 9. 
 
 Mr. Graham moved to amend the 4th section of the ordinance 
 by inserting after the word, "command," in the 4th line, the 
 words " of companies," which was agreed to. 
 
 Ho moved to amend further by striking out the 7th section. 
 
 Mr. Gorrell moved to amend the said 7tli section as follows : 
 Provided further, that such payments may be made in treasury 
 notes, unless otherwise provided by law ; which was agreed to. 
 
 Mr. Howard moved to amend the same section by striking out 
 the words, "who shall serve," and inserting the words, "whose 
 term of service shall be," which was agreed to. 
 
1862.] STATE CONVENTION. 77 
 
 The question then recurring on the motion of Mr. Graham to 
 strike out the section, the ayes and noes were ordered, on motion 
 of Mr. Howard, and resulted in the negative, as follows : 
 
 Ayes— Messrs. Allison, Badger, Berrj, Calloway, Councill, 
 Graham, Kelly, IManning, Mitchell, Ruffin, Satterthwaite and 
 Sprouse — 12. 
 
 Noes— Messrs. Battle of Edgecombe, Battle of Nash, Battle 
 of Wake, Bogle, Bond, Brodnax, Brown, Caldwell, Cannon, 
 Cunningham,. Darden, Dickson, Douthitt, Durham, Foster of 
 Ashe, Foster of Randolph, Foy, Fuller, Gorrell, Green, Green- 
 Ice, Hargrove, Headen, Ilicks, Ilolden, Houston, Howard, Jones 
 of Caldwell, Jones of Rowan, Joyce, Kittrell, Leak of Richmond, 
 Long, Lyon, McDowell of Madison, McDuffie, Mearcs, Mebane, 
 Michal, Miller, Murrill, Myers, Osborne, Penland, Phifer, Reid, 
 Rhodes, Royster, Schenck, Setzer, Shipp, Smith of Johnston, 
 Starbuck, Strong of Mecklenburg, Sutherland, Tliornton, 
 Turner, Warren, Williams, Williamson, Wilson, Woodfin and 
 Wooten— 63. 
 
 Mr. Myers moved that the Convention do now adjourn, and 
 it was not agreed to. 
 
 Mr. Green moved to amend the second section of the ordi- 
 nance under consideration, by inserting before the word "and," 
 the words, "one-third of," and it was not agreed to. 
 
 Mr. Starbuck moved to amend section 4, line 3, by inserting, 
 after the word "field," the words, "for twelve months," which 
 was agreed to. 
 
 The question was then put on the final passage of the ordi- 
 nance, and decided in the affirmative. 
 
 Mr. Howard moved to reconsider the vote by which the above 
 ordinance passed the third reading, and the motion did not pre- 
 vail. 
 
 On motion of Mr. Setzer, the Convention adjourned. 
 
78 . JOURNAL OF THE [8d Session, 
 
 1 
 
 IN CONVENTION, Tuesday, February 18, 1862. 
 
 The Convention met, Hon. William A. Graham in the Chair. 
 
 The journal of yesterday was road and approved. 
 
 On motion of Mr. Fuller, leave of absence was granted to 
 ^Ir. Sutherland. 
 
 On motion of Mr. Michal, the resolution introduced by him 
 on yesterday, in relation to the sessions of the Convention, was 
 then taken up for consideration. 
 
 Mr. Satterthwaite moved to amend, by providing that the 
 morning session expire at three o'clock, with a recess until seven. 
 
 On motion of j\Ir. Dickson, the resolution was ordered to lie 
 on the tabic. 
 
 Mr. Starbuck introduced an ordinance concerning the organ- 
 ization of the drafted militia, which passed its first reading. 
 
 The President laid before the Convention a communication 
 from the Board of Claims, which, on motion of Mr. llcid, was 
 referred to a select committee. 
 
 Mr. Long moved that the document accompanying be printed. 
 On this question, the ayes and noes were ordered, on motion of 
 Mr. Badger, and resulted as follows : 
 
 Ayes — Messrs. Badger, Battle of Edgecombe, Battle of Nash, 
 Battle of Wake, Berry, Bond, CalloAvay, Cannon, Councill, 
 Cunningham, Douthitt, Foster of Ashe, Foster of Randolph, 
 Graham, Green, Greenlee, Headen, Howard, Jones of Cabbvel], 
 Jones of Rowan, Kelly, Kittrell, Long, Lyon, Manning, McDuffie, 
 McNeill of Cumberland, Murrill. Myers, Phifcr, Reid, Rhodes, 
 Royster, Shipp, Smith of Johnston, Speed, Sprouse, Spruill of 
 Tyrrell, Starbuck, Thornton, Warren, Williams, Wilson and 
 Wooten — 14. 
 
 Noes — Messrs. Allison, Bogle, Brodnax, Brown, Darden, 
 Dickson, Durham, Foy, Fuller, GorrcR, Ilcarne, Ilicks, lloldcn, 
 Houston, Joyce, Leak of Richmond, Mann, McDowell of Madi- 
 son, Mebane, Michal, Miller, Mitchell, Penland, Ruffin, Satter- 
 thwaite, Scheuck, Setzcr, Smith of jSLacon, Strong of Mecklen- 
 burg, Sutherland, Thomas of Jackson, Turner and Woodfin — ^33. 
 
 The rule on yesterday introduced by Mr. Gilmer, was now 
 taken up for consideration. 
 
1862.] STATE CONVENTION. 1^ 
 
 Mr. Howard moved that it lie on the table. 
 
 On this question the ayes and noes were ordered, on motion 
 of Mr. Badger, and resulted as follows : 
 
 Ayes — Messrs. Allison, Battle of Edgecombe, Battle of Nash, 
 Battle of Wake, Berry, Bond, Calloway, Cannon, Dickson, 
 Douthitt, Foy, Fuller, Graham, Headen, Houston, Howard, 
 Jones of Caldwell, Kelly, Leak of Richmond, Long, Mann, 
 Manning, McDowell of Madison, McDuffie, McNeill of Cumber- 
 land, Mebane, Murrill, Myers, Penland, Rhodes, Ruffin, Satter- 
 thwaite, Setzer, Shipp, Speed, Sprouse, Starbuck, Strong of 
 Mecklenburg, Sutherland, Thornton, Turner, Woodfin and 
 Wooton— 4.3. 
 
 Noes — Mes.srs. Badger, Brown, Cunningham, Darden, Dur- 
 ham, Gorrell, Green, Greenlee, Hicks, Holden, Jones of Rowan, 
 Joyce, Michal, Miller, Mitchell, Osborne, Phifer, Reid, Schenck, 
 Smith of Johnston, Thomas of Jackson, Warren, Williams, 
 Williamson and AVilson — 25. 
 
 Mr. Woodfin moved to take up for consideration the resolution 
 in relation to the issue of Bonds to the Western North Carolina 
 Railroad Company. 
 
 On motion of Mr. Badger, said motion was ordered to lie on 
 the table. 
 
 Ou motion of iMr. Woodfin, the committee on Finance was 
 authorized to sit during the Convention. 
 
 The President announced that he had received a communi- 
 cation : whereupon, on motion of Mr. Badger, the Convention 
 proceeded to sit with closed doors. After so remaining for some 
 time, the doors were opened, and the Convention took a recess 
 until 4 o'clock, P. M. 
 
 4 O'CLOCK, P. M. 
 
 The Convention met. The President announced the following 
 Committees : 
 
 On the Report of the Board of Claim» — Messrs. Mebane, 
 Long, Miller, Williamson and Phifer. 
 46 
 
ao THE r»i> 
 
 On tJie, Governor's Communication — Messrs. Osborne, Mc» 
 Duffie, Foster of Randolph, Warren and Brown. 
 
 Mr. Leak, of Richmond, moved to take up the ordinance 
 reported by him, in relation to the distillation of grain ; which 
 was agreed to. 
 
 The ordinance having been read, he moved to amend by 
 striking out all after the ordaining clause, and inserting in lien 
 thereof an ordinance in substance prohibiting the distillation of 
 hquor from grain after twenty days from the passage of the 
 ordinance, for one year, subject, however, to repeal by the Gen- 
 eral Assembly : the punishment in case of conviction, to be a 
 fine of not less than five hundred dollars, :ind imprisonment 
 not less than one month ; also making it the duty of the Judge 
 of the Superior Court to give the ordinance in charge to the 
 Grand Jury. 
 
 Mr. Berry moved to amend the amendment by striking out all 
 after the ordaining clause, providing for the prohibition of the 
 manufacture from the 15th of March until the 4th Monday of 
 November, punishing oflenders by fine or imprisonment, the 
 fine to be not less than $100, and the imprisonment not less 
 than thirty days, and a forfeiture for each offence of Si, 000, 
 one-half to the person who shall sue for the same, and the other 
 half to the poor of the county. 
 
 The amendment to the amendment prevailed, and the question 
 recurring on the passage of the ordinance, as umended, its 
 second reading, it was agreed to. 
 
 On motion, the rules were suspended, and the ordinance read 
 the third time. 
 
 Mr. Michal moved to amend by striking out all after the 
 ordahiing clause and inserting a substitute, providing that the 
 price of all liquors distilled from grain, after the ratification of 
 the ordinance, shall be limited to seventy-five cents per gallon, 
 and each gallon sold or exchanged for a greater price shall subject 
 the seller or exchanger to a forfeiture of $500 for each oiTence. 
 Providing, also, that each distiller shall render, on oath, a list of 
 the persons to whom he has sold liquor, the number of gallons 
 sold, and bushels of grain distilled within twelve months, and pay 
 
1862.] STATE CONVENTION. Si 
 
 a tax of twenty-five cents a gallon on all he has sold. Providing, 
 also, that any distiller who shall make a false list shall be guilty 
 of misdemeanor, and on conviction, pay a fine of $500, and be 
 imprisoned for six months. Providing, also, that any person 
 who shall carry or cause to be carried out of the State, any 
 ]i('luor Jhuited in price by this ordinance, or sell to a non-resi- 
 dent, or act as the agent of such for the purchase of spirits, 
 shall be guilty of a misdemeanor, and on conviction, pay a fine 
 of not less than $500, and be imprisoned not less than six 
 months for each offence. Providing, also, that any person who 
 ghall deliver or transfer the possession of such spirits or liquor as 
 has been limited in price by this ordinance, in pursuance of any 
 bargain, contract or engagement, made beyond the jurisdiction of 
 the courts of the county in which said spirits or liquor has been 
 delivered or transferred, and shall receive a greater considera- 
 tion than seven-five cents per gallon for the same, he shall be 
 tried in the county where such dealing or transfer was made, 
 and on conviction, shall pay a fine of not less than $500, and 
 be imprisoned not less than six months. Providing, further, 
 that the ordinance shall be in force during the war, and no longer. 
 
 To perfect the ordinance, prior to the question on the amend- 
 ment, Mr. Graham moved to strike out all that part relating to 
 a forfeiture, which was agreed to. 
 
 The question now recurring on the amendment of Mr. Michal, 
 the ayes and noes were ordered, on motion of Mr. Battle, of 
 ]^ash, and resulted as follows : 
 
 Ayes — Messrs. Battle of Edgecombe, Brown, Cunningham, 
 Douthitt, Holden, Kelly, Lyon, McDowell of Madison, Micluil, 
 Mitchell, Osborne, Phlfer, Sanders, Sliipp, Smith of Johnston, 
 Spruill of Tyrrell, and Turner — 17. 
 
 Noes — Messrs. Allison, Badger, Battle of Nash, Battle of 
 Wake, Berry, Bogle, Caldwell, Calloway, Cannon, Christian, 
 Dickson, Foster of Ashe, Foster of Randolph, Foy, Fuller, 
 Gorrell, Graham, Green, Greenlee, Hearne, Ileaden, Hicks, 
 Houston, Jones of Caldwell, Jones of Rowan, Joyce, Kittrell, 
 Leak of Richmond, Long, Mann, Manning, McDuffie, McNeill 
 of Harnett, Meares, Mebane, Miller, Mnrrill, Myers, Reid, 
 
82 JOURNAL OF THE [3d Session, 
 
 Rhodes, Royster, Ruffin, Schenck, Setzer, Smith of Macon. 
 Speed, Sprouse, Starbuck, Strong of Mecklenburg, Thomas of 
 Jackson, Thornton, AVarren, Washington, Williams, Wilson and 
 Wooten — 57. 
 
 Mr. Battle moved to amend by striking out "the 4th 
 Thursday in November"; which was not agreed to. 
 
 Mr. Gorrell moved to amend by striking out all after the 
 ordaining clause, and inserting an ordinance providing for ii tax 
 of twenty-five cents a gallon on each gallon distilled from grain, 
 requiring each distiller to render, on oath, the number of gallons 
 distilled, subjecting each distiller failing to render the list to a 
 forfeiture of five hundred dollars, and making false swearing as 
 to the number of gallons, perjury. 
 
 On motion of Mr. Shipp, the Convention adjourned. 
 
 IN CONVENTION, Wednesday, February 19, 1862. 
 
 The Convention met, the President in the Chair. 
 
 The joui'nal of yesterday was read and approved. 
 
 Mr. Graham presented a petition from the officers of the 19th 
 Regiment North Carolina Troops, Col. Spruill, asking that the 
 reo-iment be supplied with horses, arms and accoutrements, 
 which, on his motion, was referred to a select committee. 
 
 The President appointed the following : Messrs. Graham, 
 Woodfin, Schenck, Barnes and Cunningham. 
 
 Mr. Battle, of Wake, oflfered a resolution authorizing a loan 
 to Tappey & Lumsden, to insure the establishment of an iron 
 manufactory in the county of Nash, which, on his motion, was 
 referred to a select committee. 
 
 The President appointed Messrs. Battle of Wake, Bogle, 
 Allison, Thomas of Carteret, and Washington. 
 
 The unfinished business of yesterday was now taken up, th« 
 question being on the amendment proposed by Mr. Gorrell. 
 
 Mr. Gorrell withdrew his amendment, and offered another, 
 providing, in addition, for a tax of ten cents on each gallon of 
 liquor distilled from fruit, reserving the money arising from 
 
 •if- 
 
1862.] vSTATE CONVENTION. 83 
 
 fines and forfeitures to rchnburse the Treasury for bounties paid 
 to soldiers ; and giving power to the General As^^embly to 
 repeal or modify the ordinance; it also provides a tax of fifty 
 cents on each gallon of liquor brought into the State. 
 
 On this (juestion tlie ayes and noes were ordered, on motion 
 of Mr. Green. 
 
 Mr. Jones, of Ko-\vau, asked a division of the cjucstiou, and 
 the vote was first taken on striking out, and resulted in tlie 
 negative, as follows: 
 
 Ayes — Messrs. Allison, Battle of Nash, Brodnax, Brown, 
 Calloway, Christian, Douthitt, Durham, Foster of Aslie, Eoster 
 of Randolph, Gilmer, Gorrell, Ileadcn, If olden, Jones of RoAvan, 
 Joyce, Kelly, Long, McDowell of Madison, McDuffie, McNeill 
 of Cumberland, Mebane, Michal, Mitchell, Murrill, Osborne, 
 Phifer, Reid, Ruffin, Satterthwaite, Setzer, Shipp, f^prouse, 
 StaiJ.nick, Williamson, Wilson and Wooten — 37. 
 
 Noes — Messrs. Badger, Battle of Edgecombe, Battle of 
 Wake, Berry, Bogle, Caldwell, Cannon, Cunniiighaui, Darden, 
 Dick, Dickson, Edwards, Foy, Fuller, Graham, Green, Uearno, 
 Hicks, Holmes, Houston, Kittrell, Leak of Richmond, Lyon, 
 Mann, Manning, McNeill of Harnett, Meares, Miller, Pen- 
 land, Rhodes, Sanders, Schenck, Smith of Johnston, Smith of 
 Macon, Speed, Strange, Strong of Mecklenburg, Stron-^ of 
 Wayne, Sutherland, Thomas of Jackson, Thompson, Thornton, 
 Turner, Warren, Washington and Woodfin — 47. 
 
 Mr. Sprouse moved to amend by adding that manufacturers 
 of cotton yarns and cloth, should not sell yarns at more than 
 thirty cents per pound, shirtings at more than fifteen cents, and 
 osnaburga at more than twenty cents per sf|uarc yard; pro- 
 viding also that they bhall neither sell their produeth out of the 
 State, nor to non-residents, the penalties for violations of this 
 part of the ordinance, for first oflcuse, of a fine of not less than 
 one hundred dollars, and for the second ofi"ense, imprisonment 
 of not more than one month. 
 
 The hour having arrived, the Convention took a recess. 
 
84 JOURNAL OF THE [3d Session, 
 
 4 O'clock, P. M. 
 
 The Oouvention rc-asaemblecl, Afhen Mr. Battle, of Wake, 
 from tlic committee on Enrollments, reponetl as correctly en- 
 rolled, au ordinance to riiitjc Korth Carolina's quota of Con- 
 federate troops, whicli was duly ratified in open Convention. 
 
 Mr. Graham, from the committee on the petition of officers 
 of the 10th Regiment N. C. troops, reported a resolution on 
 tlie subject, which, on a suspension of the rules, was now con- 
 sidered and agreed to, ' 
 
 The morning business was then resumed, the pending ques- 
 tion being on the amendment of Mr. Sprousc. 
 
 On this question the ayes and noes were ordered, on motion 
 of 2tlr. Sprousc, and resulted in the negative, as follows: 
 
 Ayes — Messrs. Calloway, • Christian, Cunningham, Dick, 
 Douthjtt, Durham, I'oster of Ashe, Gilmer, Hearne, Heaven, 
 Jones of Rowan, Joyce, Leak of Richmond, Lyon, Mann, 
 McNeill of Cumberland, Murrill, Satterthwaite, Setzer, Smith 
 of Johnston, Sprouse, Stavbuck, Tliornton, Wilson and Woo- 
 ten— 25. 
 
 Noes — Messrs. Allison, Badger, Rarnes, Battle of Edge- 
 combe, Battle of Nash, Battle of Wake, Berry, Bogle, Brown, 
 Caldwell, Cannon. D;irden, Dickson, Edwards, Eoy, Fuller, 
 Gorrell, Graham, Green, Hicks, Holden, Holmes, Houston, 
 Howard, Jones of CaldAvell, Kelly, Long, Manning, McDuffie, 
 McNeill of Harnett, Meares, Mebane, Miller, Mitchell, Osborne, 
 Penland, Bhifer, Reld, Rhodes, Royster, Ruffin, Sanders, 
 Schenck, Shipp, Snath of Macon, Speed, Spruill of Tyrrell, 
 Strange, Strong of Mecklenburg, Strong of Wayne, Sutherland, 
 Turner, Warren, Wa.4i.ingtou and Woodlin — oO. 
 
 ^Ir.'tBadger moved the following: '-Provided that the pro- 
 ducers of any grain :<peci"fied in tliis ordinance, over and above 
 Avhat may he necessary for \iU own consumption, shall be al- 
 lowed to distil the same.'' 
 
 Mr. Ruffin moved to amend the amendment as follows : 
 '' That distillers shall be permitted to distil all grain already 
 purchased by them for that purpose," Avhich was not agreed to. 
 
The ^question recurred on the amendment of Mr. Badger, on 
 which the ayes and noes were ordered, on motion of Mr. Battle, 
 of Wake, and resulted in the affirmative, as follows : 
 
 Ayes — Messrs. Badger, Barnes. Battle of Nash, Battle of 
 Wake, Berry, Boo;le, Brown, Calloway. Cannon, Cliristian, 
 Darden, Dick, Douthitt, Edwards, Foster of Ashe, Foster of 
 Randolph, Graham, Green, Hearne, Holden, Jones of Rowan, 
 Joyce, Kelly, Loi-.k of Richmond, Mann, Manninjr, McNeill of 
 Cumberland, Meares, Mebane, Miclial, Miller, Murrili, O.-bornc, 
 Phifer, Rcid, Rnffin, Sanders, Satterthwaite. Schenck, Setzer, 
 Shipp, Smith of Johnston, Smith of Macon, Sprouse, Starbuck, 
 Strong of Wayne, 'I'homas of Jackson, Thornton, Tiu'ner, 
 Warren, Washington, Woodfin and Wooten — 53. 
 
 Noes — Messrs. Allison, Battle of Edgecombe. Brodnax, 
 Caldwell, Cunningliam, Dickson, Durham, Fuller, Gilmer, Gor- 
 rell, Headen, Jlicks, Ilohnes. Houston, Howard. Jones of Cald- 
 well, Long, Lyon. McDuffie, McNeill of liarnett. Mitchell, 
 Penland, Rhodes, Royster, Speed, Spiuill of Tyrvell. Strange, 
 Strong of Mecklenburg, Sutherland and Wilson — ■30, 
 
 Mr. Ruffin moved to amend by striking out *' March" and 
 inserting *' April,'" which was not agreed to. 
 
 He moved to strike out " 15th of March,'" and Insert " let 
 of April," on which the ayes and noes were ordered, on his 
 motion, and resulted in the afiirmative, as follows : 
 
 Ayes — Messrs. Barnes, Battle of Nasb, Battle of Wake, 
 Brodnax, Brown, Calloway, Cannon, Christian, Conncill, Dick- 
 son, Douthitt, Durham, Foster of Ashe, Foster of Randolph, 
 Gilmer, Gorrell, Graham, Hearne, Headeu, Holden, Jones of 
 Rowan, Joyce, Leak of Richmond, Long, Mann, Mannim^, 
 McDowell of Madison, McDufBe, McNeill of Cumberland Mc- 
 Neill of Harnett, Meares, Mebane, Michal, Miller, Mitchell, 
 Murrili, Osborne, Phifer, Reid, Rnffin, Satterthwaite, Setzer. 
 Shipp, Sprouse, Starbuck, Thornton, Warren, Wilson, Woodfin 
 and Wooten — 50. 
 
 Noes — Messrs. Allison, Badger, Battle of Edgecombe, Berry, 
 Bogle, Caldwell, Cunningham, Darden, Dick, Edwards, Fuller, 
 Green, Hicks, Holmes, Houston, Howard, Jones of Caldwell, 
 
m JOURNAL OF THE [Sd SsssiON, 
 
 Kelly, Lyon, Pcnland, Rhodes, Royster, Sanders, Schenck, 
 Smith of Jolinston, Smith of Macon, Speed, Spruill of Tyrrell, 
 Strange, Strong of Mecklenburg, Strong of Wayne, Sutherland, 
 Thomas of Jackson, Turner and Washington — 85, 
 
 Mr. Strong, of W^ayne, moved to reconsider the vote by 
 which the amendment of Mr. Badger was adopted, on which 
 the ayes and noes were ordered, on motion of Mr. Schenck, 
 and resulted in the negative, a.? folloAvs : 
 
 Ayks — Messrs. Battle of Edgecombe, Berry, Bogle, Brod- 
 jiax, Caldwell, Cunningham, Darden, Dick, Dickson, Foy, Ful- 
 ler, Graham, Green, Hicks, Ilolden, Holmes, Houston, Howard, 
 Jones of Caldwell, Kelly, Leak of Richmond, Lyon, Manning, 
 McNeill of Harnett, Mearcs, Myers, Penland, Phifer, Rhodes, 
 Royster, Sclienck, Smith of Ma.con, Spruill of Tyrrell, Strange, 
 Strong of Mecklenburg, Strong of Wayne, Sutherland, Turner, 
 Washington and Woodfin — 40. 
 
 Noes — Messrs. Allison, Badger, Barnes, Battle of Nash, 
 Battle of Wake, Brown Calloway, Cannon, Christian. Douthitt, 
 Durham, Edwards, Foster of Ashe, Foster of Randolph, Gil- 
 mer, Gorrcll, Hearne, Headen, Jones of Rowan, Joyce, Long, 
 Mann, McDov,'oll of Madison, Mebane, Michal, Miller, Murrill, 
 Osborne, Reid, Ruffin, Sanders, Satterthwaite, Setzer, Shipp, 
 Smith of Johnston, Speed, Sprouse, Starbuck, Thornton, War- 
 ren and Wilson — 41. 
 
 Mr. Gorrell moved to amend the ordinance by striking out 
 all after the ordaining clause, and inserting the amendment 
 heretofore offered by him, modified so as to make the tax on 
 domestic whiskey 20 cents, instead of 25 cents, and on foreign 
 liquor 40 cents instead of fifty cents, per gallon. 
 
 Mr. Howard moved to amend the amendment by striking out 
 "20 " and inserting "40," on which the ayes and noes were 
 ordered, on motion of Mr. }>adger, and resulted in the afiirma- 
 tive, as follows : 
 
 Ayes — Messrs. Badger, Battle of Edgecombe, Battle of 
 Wake, Berry, Boglu, Cunningham, Dickson, Edwards, Foy, 
 Fuller, Graham, Green, Hicks, Holmes, Houston, Howard, 
 Jones of Rowan, Kelly, Leak of Richmond, Lyon, Manning, 
 
1862.] STATE CONVENTION. 8t 
 
 McDuffie, McNeill of Harnett, Miller, Myers, l>hifer, Rhodes, 
 Rojster, Satterthwaite, Schenck, Shipp, Smith of Johnston, 
 Smith of Macon, Spruill of Tyrrell, Strange, Strong of Meck- 
 lenburg, Strong of Wayne, Sutherland, Thornton, Turner, 
 Warren, Washington and Woodfin — 43. 
 
 Noes — Messrs. Allison, Barnes, Battle of Nash, Brodnax, 
 Brown, Caldwell, Calloway, Cannon, Christian, Councill, Dar- 
 den, Dick, Douthitt, Durham, Foster of Ashe, Foster of Ran- 
 dolph, Gilmer, Gorrell, Hearnc, Headen, Ilolden, Jones of 
 Caldwell, Joyce, Long, INIann, McDowell of Madison, Meares, 
 Mebane, Michal, Murrill, Osborne, Rcid, Ruffin, Sanders, Setzer, 
 Speed, Sprouse, Starbuck and Wilson — 39. 
 
 Mr. Badger moved to amend the amendment, by striking out 
 "forty cents," in the section next the last, and inserting " one 
 dollar." 
 
 \ Mr. Speed moved that the Convention do now adjourn, on 
 which the ayes and noes were .ordered, on motion of Mr. Fuller, 
 and resulted in the negative, as follows : 
 
 AtES — Messrs. Allison, Badger, Barnes, Battle of Edge- 
 combe, Battle of Nash, Brodnax, Cannon, Councill, Foy, 
 Graham, Ilolden, Holmes, Houston, Howard, Kelly, Long, 
 Mann, Meares, Murrill, Rhodes, Ruffin, Sctzer, Shipp, Speed, 
 Sprouse, Spruill of Tyrrell, Strange, Strong of Mecklenburg, 
 Strong of Wayne, Thornton, Turner and Warren — 32. 
 
 Noes — Messrs. Battle of Wake, Berry, Bogle, Brown, Cald- 
 well, CalloAvay, Christian, Cunningham, Dardcn, Dick, Dickson, 
 Douthitt, Durham, Foster of Ashe, Foster of Randolph, Fuller, 
 Gilmer, Gorrell, Green, Hearnc, Headen, Hicks, Jones of Cald- 
 well, Jones of Rowan, Joyce, Leak of Richmond, Lyon, Man- 
 ning, McDowell of Madison, McDuffie, McNeill of Harnett, 
 Mebane, Michal, Miller, Mitchell, Myers, Osborne, Phifer, Reid, 
 Royster, Sanders, Satterthwaite, Schenck, Smith of Johnston, 
 Smith of Macon, Starbuck, Sutherland, Washington, Wilson 
 and Woodfin — 50. 
 
 The pending question was further debated, when, 
 
 Mr. Barnes moved an adjournment, on which the ayes and 
 47 
 
88 JOURNAL OF THE [3d Session, 
 
 noes were ordered, on motion of Mr. Smith, of Johnston, and 
 resulted in the affirmative, as follows : 
 
 Ayes — Messrs. Allison, Badger, Barnes, Battle of Edge- 
 combe, Battle of Nash, Battle of Wake, Berry, Bogle, Brod- 
 nax. Brown, Cannon, Christian, Councill, Dickson, Douthit^, 
 Durham, Foster of Ashe, Foy, Graham, Hearne, Holden, 
 Holmes, Houston, Howard, Jones of Rowan, Kelly, Leak of 
 Richmond, Long, Mann, Manning, Meares, Mitchell, Munill, 
 Myers, Osborne, Rhodes, Ruffin, Satterthwaite, Setzer, Shipp, 
 Sprouse, Strange, Strong of Mecklenburg, Strong of Wayne, 
 Thornton, Turner and Warren — 47. 
 
 Noes — Messrs. Caldwell, Calloway, Cunningham, Darden, 
 Dick, Foster of Randolph, Fuller, Gilmer, Gorrell, Green, 
 Headen, Hicks, Jones of Caldwell, Joyce, Lyon, McDuffie, 
 McNeill of Harnett, Mebane, Michal, Miller, Phifer, Reid, 
 Royster, Sanders, Smith of Johnston, Smith of Macon, Star- 
 buck, Sutherland, Washington, Wilson and WoodiSn — 32. 
 
 So the Convention adjourned to 10 o'clock to-morrow morning. 
 
 IN CONVENTION, Thursday, February 20, 1862. 
 
 ■ The Convention met, the President in the Chair. 
 
 The journal of yesterday was read and approved. 
 
 On motion of Mr. Jones, of Rowan, leave of absence was 
 granted, from and after to-morrow, to Mr. Setzer. 
 
 Mr. Satterthwaite offered a resolution empowering the Presi- 
 dent to employ, for the remainder of the session, an additional 
 Enrolling Clerk, which was adopted under a suspension of the 
 rules. 
 
 Mr. Smith, of Johnston, introduced an ordinance to amend 
 the 8th section of the Constitution of the State, which passed 
 the first reading. 
 
 Mr. Allison presented a petition from citiz«ns of Iredell 
 County, praying measures to preserve the grain of the State 
 from the consumption of distillers, which, on liis motion, was 
 ordered to lie on the table. 
 
1862.] STATE CONVENTION. 89 
 
 t, • 
 
 On motion of Mr. Fuller, leave of absence was granted Mr. 
 Lyon, from and after to-morrow, 
 
 Mr. Battle, of Nash, from the select committee to whom was 
 referred a resolution to loan Tappey and Lumsden a certain 
 amount to enable them to establish an iron foundry, reported 
 the same back, and recommended its passage. 
 
 The unfinished business of yesterday was then taken up. 
 
 Mr. Howard moved to amend the pending amendment (Mr. 
 Gorreir.s), by striking out the second section and inserting a 
 provision requiring a monthly payment of the tax, and certain 
 penalties in case of failure thereof, which was agreed to. 
 
 Mr. Schenck moved to amend the proviso, adopted on motion 
 of Mr. Badger, by providing that no person shall distil any 
 grain except of his own producing ; on which the ayes and noes 
 were ordered, on his motion, and resulted in the affirmative, as 
 follows : 
 
 Ayes — Messrs. Allison, Atkinson, Badger, Battle of Edge- 
 combe, Battle of Wake, Berry, Bogle, Brown, Bunting, Cannon, 
 Christian, Councill, Cunningham, Darden, Dick, Dickson, Elli- 
 son, Foster of Ashe, Fuller, Graham, Green, Holmes, Houston, 
 Howard, Jones of Caldwell, Leak of Richmond, Lyon, Manning, 
 McNeill of Harnett, Merritt, Miller, Mitchell, Myers, Phifer, 
 Rhodes, Royster, Ruffin, Satterthwaite, Schenck, Smith of 
 Johnston, Smith of Macon, Strange, Strong of Mecklenburg, 
 Sti'ong of Wayne, Sutherland, Thompson, Thornton, Turner, 
 Warren, Washington, Williamson and Wooten — 52. 
 
 Noes — Messrs. Barnes, Battle of Nash, Brodnax, Caldwell, 
 Calloway, Douthitt, Durham, Edwards, Foster of Randolph, 
 Foy, Gilmer, Gorrell, Hearne, Headen, Holden, Jones of Rowan, 
 Joyce, Kelly, Kittrell, Long, Mann, McDuffie, Meares, Mebane, 
 Michal, Murrill, Osborne, Reid, Sanders, Setzer, Speed, Sprouse, 
 Spruill of Tyrrell, Starbuck, Wilson and Woodfin— 36. 
 
 Mr. Barnes moved to amend by striking out that part of the 
 amendment which imposes a tax on liquor distilled from fruit, 
 on which the ayes and noes were ordered, on his motion, and 
 resulted in the affirmative, as follows : 
 
 Ayes— Messrs. Badger, Barnes, Battle of Nash, Berry, 
 
90 JOURNAL OF THE [3d Session, 
 
 Bogle, ?5rown, Bunting, Calloway, Cannon, Christian, Councill, 
 Cunningham, Dick, Foster of Ashe, Gilmer, Graham, Hearne, 
 , Holden, Jones of Caldwell, Joyce, Kelly, Lyon, Mann, Man- 
 ning, McNeill of Harnett, Meares, Mitchell, Murrill, Myers, 
 'Phifer, Reid, Royster, Sanders, Schenck, Setzer, Smith of 
 Johnston, Sprouse, Starbuck, Strong of Wayne, Sutherland, 
 Thompson, Turner, Warren, Wilson and Wooten — 45. 
 
 Noes — Messrs. Allison, Atkinson, Battle of Edgecombe, 
 <__ Battle of Wake, Brodnax, Caldwell, Darden, Dickson, Douthitt, 
 Durham, Edwards, Ellison, Foster of Randolph, Foy, Fuller, 
 Gorrell, Green, Headen, Hicks, Holmes, Houston, Howard, 
 Jones of Rowan, Kittrell, Leak of Richmond, Long, McDulfie, 
 Mebane, Merritt, Michal, Miller, Osborne, Rhodes, Ruffin, 
 Satterthwaite, Shipp, Smith of Macon, Speed, Strange, Thorn- 
 ton, Washington, Williamson ami Woodfin — 44. 
 Mr. Battle, of Wake, moved to amend by striking out the 
 tax on liquors distilled from rye, which was not agreed to. 
 Mr. Michal moved to amend by fixing the tax at twenty-five 
 Y cents per gallon, and providing a penalty of ^1,000 and six 
 months imprisonment, for adulterating liquors ; which was not 
 agreed to. 
 
 The question was now taken on Mr. Badger's amendment, 
 offered yesterday, to tax liquors brought into the State, one 
 dollar per gallon ; and it was agreed to. 
 
 He now moved to amend the sixth section, by adding the 
 following— And if said tax shall not be paid by the person 
 bringing or sending the same into the State, the buyer or 
 receiver shall be liable for the same, to be collected in the man- 
 ner specified in the second section of this ordinance ; which was 
 agreed to. 
 
 Mr. Rufiin moved to amend by striking out the section, on 
 which the ayes and noes were ordered, on motion of Mr. Badger, 
 and resulted in the negative, as follows : 
 
 j^YES — Messrs. Atkinson, Barnes, Battle of Edgecombe, 
 Battle of Wake, Bogle, Brown, Darden, Dickson, Durham, Foy, 
 Fuller, Graham, Jones of Caldwell, Jones of Rowan, Kelly, 
 Lyon, Mann, McDuflBe, McNeill of Cumberland, McNeill of 
 
1862.] STATE CONVENTION. 91 
 
 Harnett, Michal, Mitchell, Myers, Osborne, Reid, Rhodes, 
 Royster, Ruffin, Satterthwaite, Schenck, Shipp, Strong of 
 Wayne, Sutherland, Thompson, Turner, Washington, William- 
 son and Wooten — 38. 
 
 Noes — Messrs. Allison, Badger, Battle of Nash, Berry 
 Brodnax, Caldwell, Calloway, Cannon, Christian, Councill,Dick 
 Douthitt, Edwards, Ellison, Foster of Ashe, Foster of Ran- 
 dolph, Gilmer, Gorrell, Green, Hearne, Headcn, Hicks, Holmes 
 Houston, Joyce, Kittrell, Leak of Richmond, I^oJ^g^ Mannini^ 
 Mebane, Miller, Murrill, Phifer, Sanders, Setzer, Smith of 
 Johrlston, Smith of Macon, Sprouso, Starbuck, Strange, Strono- 
 of Meckb^nburg, Thornton, Warren, W^ilson and Woodfin — 40. 
 
 Mr. Gorrell moved to amend by striking out the first clause 
 of the sixth section, and inserting a substitute which he offered : 
 and it was not agreed to. 
 
 Mr. Meares moved to strike out the sixth section, and insert 
 a provision taxing the consumers of li(|Uors brought into the 
 State ; which was not agreed to. -^ 
 
 Mr. Holmes moved to strike out the whole of Mr. GorreU's ^ 
 amendment, and insert " that all distillation shall be prohibited ) 
 between the 2d day of April and the 1st day of December" ; 
 on which the ayes and noes were ordered, on his motion, and 
 resulted in the negative, as follows : 
 
 Ayes — Messrs. Battle of Edgecombe, Berry, Bogle, Bunting, 
 Cunningham, Darden, Dickson, Foy, Fuller, Green, Hicks, 
 Holmes, Houston, Kelly^ Leak of Richmond, Lyon, Mannino-, 
 McDuffie, McNeill of Cumberland, McNeill of Harnett, Miller, 
 Myers, Phifer, Rhodes, Royster, Sanders, Smith of Johnston, 
 Smith of Macon, Spruill of Tyrrell, Strange, Strong of Meck- 
 lenburg, Strong of Wayne, Sutherland, Thompson, Thornton, 
 Washington, Woodfin and Wooten — 37. 
 
 Noes — Messrs. Allison, Atkinson, Badger, Battle of Nash, 
 
 l^j Battle of Wake, Brodnax, Brown, Caldwell, Calloway, Cannon, 
 
 Christian, Councill, Dick, Douthitt, Durham, Ellison, Foster of 
 
 Ashe, Foster of Randolph, Gilmer, Gorrell, Graham, Hear no, 
 
 v^.____Headen, Holden, Jones of Caldwell, Jones of RoAvan, Joyce, 
 
 Long, Mann, Meares, Mebane, Michal, Mitchell, Murrill, Os- 
 
92 JOURNAL OF THE [3d Session, 
 
 borne, Kcid. RuflSu, Satterthwaite, Schenck, Setzer, Shipp, 
 Speed, Sprouse, Starbuck, Turner, Warren, Williamson and 
 Wilson -48. 
 
 The question then recurred on the amendment of Mr. Gorrell, 
 as amended, on vrhich the ayes and noes were ordered, on motion 
 of Mr. Fuller, and resulted In the negative, as follows : 
 
 Ayes — Messrs. Allison, Barnes, Battle of Nash, Brodnax, 
 Brown, Calloway, Christian, Councill, Douthitt, Durham, Foster 
 of Ashe, Foster of Randolph, Gilmer, Gorrell, Headen, Holden, 
 Jones of Caldwell, Jones of Rowan, Joyce, Long, Mann, 
 McDuffie, McNeill of Cumberland, Meares, Mebanc, Michal, 
 Miller, Mitchell, Murrill, Osborne, Reid, Ruffin, Setzer, Shipp, 
 Spruill of Tyrrell, Starbuck, Williamson and Wilson — 38. 
 
 Noes — Messrs. Atkinson, Badger, Battle of Edgecombe, Battle 
 ^^ of Wake, Berry, Bogle, Bunting, Caldwell, Cannon, Cunning- 
 ham, Darden, Dick, Dickson, Ellison, Foy, Fuller, Graham, 
 Green, Hearne, Hicks. Holmes, Houston, Howard, Kelly, Leak 
 of Richmond, Lyon, Manning, ]McNcill of Harnett, Myers, 
 Phifer, Rhodes, R oyster, Sanders, Satterthwaite, Schenck, 
 Smith of Johnston, Smith of Macon, Speed, Sprouse, Strange, 
 Strong of Mecklenburg, Strong of Wayne, Sutherland, Thomp- 
 son, Thornton, Turner, Warren, Washington, Woodfin and 
 Wooten — 50. 
 
 Mr. Gilmer moved to amend by striking out all after the 
 ordaining clause, and inserting in lieu thereof, an ordinance to 
 prevent distillation after the 15th of April, and providing for a 
 tax on all liquors sold, domestic or foreign. 
 
 Pendins: the consideration of this amendment the hour 
 arrived, and the Convention took a recess. 
 
 < 
 
 ^ 
 
 4 O'CLOCK, p. M. 
 
 Mr. Badger introduced an ordinance to exempt from militia 
 duty and military service, members of the society of Friends, 
 commonly called Quakers, which passed its first reading. 
 
1862.] STATE CONVfiNI^ION. 98 
 
 The morning's business was resumed, the question being on 
 the amendment offered by Mr. Gilmer. 
 
 The question being put, the ayes and noes were ordered, on 
 motion of Mr. Graham, and resulted in the affirmative, as follows : 
 Ayes— Messrs. Allison, Atkinson, Barnes, Battle of Edge- 
 combe, Bogle,. Brodnax, Bunting, Cannon, Christian, Cunning- 
 ham, Darden, Dick, Dickson, Douthitt, Durham, Edwards, 
 Foster of Ashe, Foster of Randolph, Foy, Fuller, Gilmer, Gor- 
 rell, Headen, Hicks, Holden, Holmes, Jones of Rowan, Joyce, 
 Kelly, Long, Lyon, Mann, Manning, McNeill of Cumberland^ 
 Mebane, Miller, Mitchell, Murrill, Osborne, Phifer, Reid,' 
 Rhodes, Royster, Ruffin, Sanders, Satterthwaite, Shipp, Smith 
 ot Johnston, Starbuck, Strange, Strong of Mecklenburg, Strong 
 of Wayne, Thornton, Turner, Washington, Williamson, Wilson"^ 
 Woodfin and Wooten — 59. 
 * Noes— Messrs. Badger, Battle of Nash, Battle of Wake, 
 Berry, Caldwell, Calloway, Ellison, Graham, Green, Hearno^ 
 Leak of Richmond, Michal, Myers, Schenck, Setzer, Smith of 
 Macon, Speed, Sprouse and Warren — 19. 
 
 Mr. Leak, of Richmond, now moved to amend by striking out 
 all after the ordaining clause, and inserting a prohibition after 
 the first of April ; and it was not agreed to. 
 
 Mr. Barnes moved to amend by inserting a provision allowing 
 any person to distil his own grain, on which the ayes and noes 
 wei-e ordered, on his motion, and resulted in the negative, as 
 follows : 
 ^r Ayes— Messrs. Atkinson, Badger, Barnes, Battle of Wake, 
 Berry, Calloway, Christian, Durham, Foster of Ashe, Graham^ 
 -^ — Hearne, Holden, Jones of Caldwell, Joyce, Mann, Mebane, 
 Michal, Reid, Ruffin, Sanders, Satterthwaite, Schenck, Setzer' 
 Smith of Johnston, Sprouse, Starbuck, Warren and William- 
 son— 28. 
 
 Noes— Messrs. Allison, Battle of Edgecombe, Battle of Nash, 
 Bogle, Brodnax, Bunting, Caldwell, Cannon, Cunningham, Dar' 
 den, Dick, Dickson, Douthitt, Edwards, Ellison, Foy, Fuller, 
 Gilmer, Gorrell, Green, Headen, Hicks, Holmes, Jones of 
 Rowan, Kelly, Leak of Richmond, Long, Lyon, Manning, Mc- 
 
U JOURNAL OP THE [SdSessioi^, 
 
 Buffie, McNeill of Cumberland, McNeill of Harnett, Meares, 
 Miller, Mitchell, Myors, Osborne, Phifer, Rhodes, Royster, 
 Shipp, Smith of Macon, Speed, SprulU of Tyrrell, Strange, 
 Strong of Mecklenburg, Strong of Wayne, Thompson, Thornton, 
 Turner, Washington, Wilson, AVoodfin and Wooten — 54. 
 
 Mr. Battle, of Nash, moved to insert a provision limiting the 
 price of liquor distilled to ^1.00 per gallon, on which the ayes 
 and noes ■were ordered, on his motion, and resulted in the nega- 
 tive, as follows : 
 
 Ayes — Messrs. Battle of Edgecombe, Battle of Nash, Bun- 
 ting, Cannon, Cunningham, Darden, Holmes, Kelly, Leak of 
 Richmond, Lyon, IManning, McNeill of Cumberland, Meares, 
 Murrill, Royster, Smith of Johnston, Smith of Macon, Speed 
 and Turner — 19. 
 
 Noes — Messrs. Allison, Atkinson, Badger, Barnes, Battle of 
 Wake, Berry, Bogle, Brodnax, Caldwell, Calloway, Christian, 
 Dick, Dickson, Douthitt, Durham, Edwards, Ellison, Foster of 
 Ashe, Foster of Randolph, Foy, Fuller, Gilmer, Gorrell, Graham, 
 Green, Headen, Hicks, Jones of Caldwell, Jones of Rowan, 
 Joyce, Long, McDuffie, McNeill of Harnett, Mebane, Michal, 
 Miller, Mitchell, Myers, Phifer, Reid, Rhodes, RufRn, Sanders, 
 Satterthwaite, Schcnck, Setzer, $hipp, Sprouse, Spruill of Tyr- 
 rell, Starbuck, Strange, Strong of Mecklenburg, Strong of 
 Wayne, Thornton, Warren, AVashington, Wilson, Woodfin and 
 Wooten— 59. 
 
 Mr. Sprouse oflfered an amendment prohibiting any manufac- 
 turer of cotton or woollen goods from selling the same out of the 
 State, or to a non-resident. 
 
 Mr. Badger moved to amend the amendment by extending 
 the prohibition to manufacturers from hair, ilax, tow, or other 
 textile fibre, leather or raw-hides ; which was accepted by Mr. 
 Sprouse. 
 
 The question being put, the ayes and noes were ordered, on 
 motion of Mr. Calloway, and resulted in the negative, as follows : 
 
 Ayes — Messrs. Badger, Calloway, Christian, Cunningham, 
 Durham, Hcarne, McNeill of Cumberland, Murrill, Phifer, 
 Setzer, Smith of Johnston, Speed, Sprouse and Wooten — 14. 
 
1862.] STATE CONVEi^TION. 96 
 
 Nobs — Messrs. Allison, Atkinson, Barnes, Battle of Edge- 
 combe, Battle of Nash, Battle of Wake, Berry, Bogle, Brodnax, 
 Bunting, Caldwell, Cannon, Darden, Dick, Edwards, Ellison, 
 Foster of Ashe, Foy, Fuller, Gilmer, Gorrell, Graham, Green, 
 Headen, Hicks, Holden, Holmes, Jones of Caldwell, Jones of 
 Rowan, Joyce, Kelly, Leak of Richmond, Long, Lyon, Mann, 
 McDuffie, McNeill of Harnett, Meares, Mebane, Michal, Miller, 
 Mitchell, Osborne, Reid, Rhodes, Royster, Ruffin, Sanders, 
 Shipp, Smith of Macon, Spruill of Tyrrell, Starbuck, Strange, 
 Strong of Mecklenburg, Strong of Wayne, Thompson, Thornton, 
 Turner, Warren, Washington, Williamson, Wilson and Wood- 
 fin— 64. 
 
 Mr. Ellison moved to insert after the word "misdemeanor," 
 the words, "for each and every act of distillation," which was 
 agreed to. 
 
 Mr. Graham moved to re-commit to a select committee, and 
 it was not agreed to. 
 
 Mr. Battle, of Nash, oflfered an amendment that the distiller 
 shall list to the Sheriff on the 15th of April ; which was not 
 agreed to. 
 
 The question then recurred on the passage of the ordinance 
 on the third and last reading ; on which the ayes and noes were 
 ordered, on motion of Mr. Badger, and resulted in the affirma- 
 tive, as follows : 
 
 Ayes — Messrs. Allison, Atkinson, Battle of Edgecombe, Bo- 
 gle, Brodnax, Bunting, Cannon, Christian, Cunningham, Darden, 
 Dick, Dickson, Douthitt, Edwards, Ellison, Foster of Ashe, Foy, 
 Fuller, Gilmer, Gorrell, Green, Hicks, Holmes, Houston, Jones 
 of Caldwell, Kelly, Kittrell, Leak of Richmond, Lyon, McDuffie, 
 McNeill of Cumberland, McNeill of Harnett, Miller, Mitchell, 
 Myers, Osborne, Phifer, Rhodes, Royster, Satterthwaito, 
 Schcnck, Shipp, Smith of Macon, Spruill of Tyrrell, Starbuck, 
 Strange, Strong of Mecklenburg, Strong of Wayne, Thompson, 
 Thornton, Turner, Warren, Washington, Williamson, Wilson, 
 _ Woodfin and Wooten — 57. 
 
 3^ Noes— Messrs. Badger, Battle of Nash, Battle of Wake, 
 Borry, Caldwell, Calloway, Councill, Durham, Foster of Ran- 
 48 
 
96 JOURNAL OF THE [8d Sb8810», 
 
 dolph, Graham, Hearne, Headen, Holden, Jones of Rowan, 
 Joyce, Long, Mann, Manning, Meares, Mebane, Michal, Murrill, 
 Reid, Ruffin, Sanders, Setzer, Smith of Johnston, Speed, 
 Sprouse, and Thomas of Carteret — 30. 
 
 On motion of Mr. Strange, leave of absence was granted fee 
 Mr. Wooten. 
 
 On motion of Mr. Badger, the Convention adjourned. 
 
 IN CONVENTION, Friday, Febmary 21, 1862. 
 
 The President took the Chair. Prayer by Rev. Henry Hardie. 
 
 The journal of yesterday was read and approved. 
 
 Mr. Manning introduced an ordinance supplemental to and 
 amendatory of, the ordinance to provide for the assumption and 
 payment of the Confederate tax, which passed its first reading, 
 and was, on motion of Mr. Rayner, referred to the committee 
 on Finance. 
 
 Mr. Wilson introduced an ordinance to provide for the pay- 
 ment of bounty to deceased volunteers raised by the authority 
 of the State, which passed its first reading. 
 
 On motion, the rules were suspended and the ordinance read 
 the second time. 
 
 Mr. Sanders moved to amend by adding a section declaring 
 that the claiming heirs at law shall produce his or her affidavit, 
 or that of two disinterested persons, stating the relationship, 
 and that there is no other person entitled to claim. 
 
 On motion of Mr. Shipp, the ordinance and amendment were 
 referred to the Judiciary Committee. 
 
 Mr. Reid, from the select committee to whom was referred 
 the memorial of the Wilmington, Charlotte and Rutherford 
 Railroad Company and accompanying ordinance, reported the 
 same back and asked to be discharged from the further consid- 
 eration of the subject ; in which the Convention concurred. 
 
 Mr. Gilmer presented a petition from the Clerks in the mili- 
 tary Department, asking increased compensation, which, on hia 
 motion, was referred to a select committee. 
 
1862.] STATE CONVENTION. 97 
 
 Tho President appointed Messrs. Gilmer, Long and Foj. 
 
 Mr. Starbuck, from the special committee to whom the subject 
 was referred, reported an ordinance to exempt persons over^ 
 forty-five years, from the perfermanoe of militia duty ; which 
 passed its first reading. 
 
 On motion of Mr. Ellison, the rules were suspended and the 
 ordinance was read and passed the second reading. 
 
 It was then read the third time. 
 
 Mr. Myers moved the following : Provided that no person 
 over forty-five years of age shall hold any office in the militia — 
 which was not agreed to. 
 
 The question recurred on the final passage of the ordinanoc> 
 on which the ayes and noes were ordered, on motion of Mr. 
 Osborne, and resulted as follows, in the negative : 
 
 Ayes — Messrs. Allison, Atkinson, Battle of Wake, Berry, 
 Bogle, Calloway, Cannon, Christian, Cunningham, Dick, Dick- 
 son, Ellison, Foster of Ashe, Foy, Gilmer, Gorroll, Graham, 
 Headen, Holden, Joyoe, Kelly, Long, Mann, Manning, McNeill 
 of Harnett, Murrill, Satterthwaite, Setzer, Shipp, Smith of 
 Johnston, Sprouse, Starbuck, Williamson and Wilson — 83. 
 
 Noes — Messrs. Battle of Edgecombe, Battle of Nash, Brod- 
 nax, Bunting, Caldwell, Counoill, Darden, Douthitt, Durham, 
 Edwards, Foster of Randolph, Fuller, Green, Heame, Hicks, 
 Holmes, Houston, Howard, Jones of Caldwell, Jones of Rowan, 
 Kittrell, Leak of Richmond, McDuffie, McNeill of Cumberland, 
 Meares, Mobane, Michal, Miller, Mitchell, Myers, Osborne, 
 Phifer, Reid, Rhodes, Royster, Ruffin, Sanders, Schenck, Spruill 
 of Tyrrell, Strange, Strong of Mecklenburg, Strong of Wayne, 
 Thomas of Carteret, Thompson, Thornton, Warren, Washington, 
 Woodfin and Wooten — 49. 
 
 Mr. Mitchell introduced an ordinance to tax money, which 
 passed the first reading. 
 
 Mr. Meares ofi'ered a resolution that the Publio Treasurer pay 
 to W. R. Lowell $82, amount expended by him for the use of 
 the sick soldiers of the 11th Regiment N. C. Volunteers, near 
 Manassas, while employed as a nurse in August and September 
 last. 
 
98 JOURNAL OF THE [3d Session, 
 
 On motion of Mr. Gilmer, it was referred to a select com- 
 mittee of three. 
 
 The President appointed Messrs. Gilmer, Mcares and McNeill 
 of Cumberland. 
 
 Mr. Warren offered a resolution to appoint a committee to 
 inquire into the propriety of re-organizing the Paymaster's De- 
 partment, and to report by ordinance or otherwise. 
 
 On motion, the rules were suspended, and the resolution was 
 agreed to. 
 
 The President appointed Messrs. Ellison, Battle of Nash, 
 Foster of Randolph, Shipp and Murrill. 
 
 Mr. Cannon offered a resolution for the protection of private 
 property. He moved to suspend the rules and put the resolution 
 on its passage now, and it was not agreed to. 
 
 Mr. Graham moved to take up the ordinance to provide for 
 the payment of certain expenses of the Board of Claims, and 
 it was agreed to. 
 
 The ordinance then passed the second and third readings, and 
 was ordered to be enrolled. 
 
 Mr. Smith, of Macon, reported that the ordinance to pro- 
 hibit, for a limited time, the distillation of grain, had been cor- 
 rectly enrolled, and the same was duly ratified in open Conven- 
 tion. 
 
 Mr. Leak, of Richmond, introduced an ordinance to provide 
 for an Executive Council, which passed its first reading. 
 
 Mr. Badger moved to take up the ordinance to exempt 
 Quakers from military duty ; and it was not agreed to. 
 
 Mr. Battle, of Wake, reported the ordinance to provide pay- 
 ment of certain expenses by the Board of Claims, as correctly 
 enrolled ; and the same was duly ratified in open Convention. 
 
 Mr. Strange was appointed on the committee on the Gov- 
 ernor's communication, in place of Mr. Brown. 
 
 The President announced that he had received a letter from 
 Hons. W. W. Avery and George Davis, enclosing a communi- 
 cation from the Confederate States, whereupon, on motion of 
 Mr. Reid, the lobbies and galleries were cleared and the Con- 
 vention sat with closed doors. 
 
1862.] STATE CONVENTION. 99 
 
 After so remaining for some time, the doors wore again opened. 
 
 Mr. Woodfin introduced an ordinance supplemental to an 
 ordinance passed at the last session, authorizing the issue of 
 Treasury notes, &c., which passed the first reading. 
 
 By the same, an ordinance supplemental to an ordinance 
 passed at the present session, entitled "An Ordinance to provide 
 for the assumption and payment of the Confederate tax, which 
 passed the first reading. 
 
 The hour having arrived, the Convention took a recess until 
 4 o'clook. 
 
 4 O'CLOCK, P. M. 
 
 Mr. Strange moved to reconsider the vote by which the Con- 
 vention on yesterday agreed to the ordinance to suppress for a 
 limited time the distillation of grain. 
 
 On this question the ayes and noes were ordered, on motion 
 of Mr. Gilmer, and resulted as follows : 
 
 Ayes — Messrs. Atkinson, Barnes, Battle of Edgecombe, 
 Battle of Nash, Brodnax, Bunting, Caldwell, Cunningham, Dick- 
 son, Ellison, Foy, Green, Holmes, Howard, Kelly, Leak of 
 Richmond, Manning, McNeill of Harnett, Rayner, Sanders, 
 Smith of Johnston, Sprouse, Strange, Strong of Mecklenburg, 
 Strong of Wayne, Thompson and Turner — 27. 
 
 Noes — Messrs. Allison, Battle of Wake, Bogle, Calloway, 
 Cannon, Councill, Darden, Dick, Douthitt, Durham, Edwards, 
 Foster of Ashe, Fuller, Gilmer, Gorrell, Graham, Headen, 
 Hicks, Holden, Jones of Caldwell, Jones of Rowan, Joyce, Long, 
 Mann, Mebane, Michal, Miller, Mitchell, Murrill, Myers, Os- 
 borne, Reid, Rhodes, Royster, Ruffin, Shipp, Smith of Macon, 
 Speed, Spruill of Tyrrell, Starbuck, Thornton, Warren, Wil- 
 liamson, Wilson and Woodfin — 46. 
 
 Mr. Rufiin offered the following : 
 
 WiiEREAB, Certain rumors arc current that in the late battle 
 of Roanoke Island between the forces of the Confederate States 
 and those of the United States, some of the forces behaved 
 badly ; and, whereas, certain regiments and companies of North 
 
100 JOURNAL OP THE [3d Sbb&ion, 
 
 Carolina troops, formed a part of the Confoderato army, and it 
 IB the sincere desire of this Convention, and of the people of 
 thia State, to remove, aa soon as possible, any such imputation 
 on them, if unjust ; it is, therefore, 
 
 Resolvedj That the Senators in Congress from thia State, be 
 instructed to call for the official report of said battle, and to 
 send to this body a copy of the same, and also the proceedings 
 of any court martial that may bo held touching the defenses of 
 said Island, and the behavior of the troops from this State 
 engaged in said battle. 
 
 The rules having been suspended, the said resolution was 
 considered and agreed to. 
 
 Mr. Ruffin, from the Judicial Conmiittee, to whom was referred 
 an ordinance and certain amendments proposed thereto to pro- 
 vide for the payment of bounty due to deceased soldiers, report- 
 ed the same back with a substitute therefor, and recommended 
 its passage. 
 
 On motion of Mr. Wilson, the rules wore suspended, and the 
 said ordinance was read the second and third times, passed, and 
 ordered to be enrolled. 
 
 Mr. Rayner moved to take up and consider the ordinance to 
 define and punish sedition. On this motion he asked the ayes 
 and noes, which being ordered, resulted as follows : 
 
 ^YEs — Messrs. Atkinson, Bai-nes, Battle of Edgecombe, 
 Battle of Nash, Brodnax, Bunting, Caldwell, Cunningham, Dar- 
 don, Dickson, Durham, Edwards, Foy, GreoA, Hicks, Holmes, 
 Howard, Kelly, McNeill of Cumberland, Michal, Miller, Myers, 
 Osborne, Rayner, Roid, Royster, Ruffin, Schenck, Spruill of 
 Tyrrell, Strange, Sti'ong of Mecklenburg, Strong of Wayne» 
 Thompson, Thornton, Turner, Woodfin and Wooton — 37. 
 
 Noes — Messrs. Allison, Battle of Wake, BeiTy, Bogle, Cal- 
 loway, Cannon, Christian, Councill, Dick, Doutliitt, Ellison, 
 Foster of Ashe, Foster of Randolph, Fuller, Gilmer, Gorrell, 
 Graham, Headen, Holdeji, Jones of Caldwell, Jones of Rowan, 
 Joyce, Leak of Richmond, Long, Mann, Manning, McNeill of 
 Harnett, Mebane, Mitchell, Murrill, Sanders, Satterthwaite, 
 Shipp, Smith of Johnston, Smith of Macon, Speed, Bprouse, 
 Starbuck, Warren, Williamson and Wilson — 41. 
 
1862.] STATE CONVENTION. 101 
 
 Mr. Thompson moved to take np, for consideration, the ordi- 
 nance regulating the appomtment of Company Officers ; which 
 was agreed to. 
 
 Ho then proposed a substitute for the same, 
 
 Mr. Manning moved to amend by striking out all after tho 
 ordaining clause and inserting a substitute therefor. 
 
 Mr. Howard moved to amend by striking out the second 
 clause ; which wao not agreed to. 
 
 On motion of Mr. Thompson, the subject wae referred to a 
 select committee. 
 
 The President appointed the following: Messrs. Thompson 
 Manning, Howard and Green. ' 
 
 Mr. Howard introduced an oi-dinanoe to provide for collecting 
 the armB belonging to the State, which poBsod its first reading. 
 
 Mr. Speed introduced an ordinance to authorize the Pubb'c 
 Treasurer to pay Rev. Maurice H. Vnughan one hundred doUars 
 for services as Chaplain, at Roanoke Island ; which passed its 
 first reading. 
 
 On motion of Mr. Green, the Convention adjourned. 
 
 IN CONVENTION, Saturday, February 22, 1862. 
 The Pre^dcnfe toek the Chair and called the Convention to 
 order. Prayer by Rev. Frederick Fit.Gerald, of the P K 
 Church. 
 
 The journal of yesterday was road and approved. 
 
 Mr. Smith, of Macon, from the committee on enrollments, 
 reported, as correctly enrolled, the ordinance to make some pro- 
 vision for the families of soldiers dying in the service, and the 
 same was duly ratified, 
 
 Mr Battle, of Wake, moved to raise a committee to inquire 
 into the expediency of lending State aid to a maoiufactory of 
 wool and cotton cards, and the motion prevailed. 
 
 The President appointed Messrs. Battle of Wake, Strong of 
 Mecklenburg, Dick, McDuffie and Smith, to constitute the 
 committee. 
 
JOURNAL OP THE [SdBsssion, 
 
 Mr. Strong, of Mecklenburg, presented a petition of citizens 
 of Mecklenburg County, asking that the grain of the State bo 
 preserved from the hands of the distillers, which was read and 
 laid on the tabic. 
 
 On motion of Mr. Pettigrow, the lobbies and galleries were 
 cleared, and the Convention sat with closed doors. 
 
 After some time spent in secret session, the doors were opened. 
 
 Mr. Rayner, from the committee of Finance, made a report 
 on the financial condition of the State, which was laid on the 
 table and ordered to be printed. 
 
 The Convention then took a recess until 4 o'clock. 
 
 4 O'CLOCK, P. M. 
 
 Mr. Ellison, from the select committee, reported an ordinance 
 concerning the Paymaster's Department, which passed the first 
 reading. 
 
 The rules were suspended and the ordinance read the second 
 and third times, passed and ordered to be enrolled. 
 
 Mr. Strange introduced an ordinance to raise troops for the 
 defence of the State, which passed its first reading, and on 
 motion of Mr. Howard, was made the special order for Monday 
 next at 11 o'clock. 
 
 Mr. Rayner gave notice of an amendment that he would oflFer 
 when the ordinance came up for consideration. 
 
 On motion of Mr. Woodfin, the ordinance supplemental to an 
 ordinance passed at the last session, authorizing the issue of 
 Treasury notes, was taken up. 
 
 The ordinance was read the second time, when considerable 
 discussion ensued, pending which, 
 
 On motion of Mr. Badger, the Convention adjourned to 10 
 o'clock Monday morning. 
 
1862.] STATE CONVENTION. 103 
 
 IN CONVENTION, Monday, February 24, 1862. 
 
 The President called the Convention to order pursuant to 
 adjournment. Prayer by Rev. J. M. Atkinson, of the Presby- 
 terian Church. 
 
 The journal of Saturday was read and approved. 
 
 Mr. Miller presented a petition from officers and privates of 
 the 14th Regiment North Carolina Volunteers, against the dis- 
 tillation of grain into whiskey; which was read and, on his 
 motion, laid upon the table. 
 
 Mr. Gilmer reported favorable on a resolution in favor of W. 
 R. Lovell ; and the same passed the several readmgs under a 
 suspension of the rules. 
 
 Mr. Battle, of Wake, from the committee on enrollments, 
 reported as correctly enrolled, the ordinance concerning the 
 Paymaster's Department, and the same was duly ratified. 
 
 Mr. Mebane, from the committee on the Report of the Board 
 of Claims, reported an ordinance to pay the claims audited and 
 allowed by the Board, which passed the several readings under 
 a suspension of the rules, and was ordered to be enrolled. 
 
 Mr. Reid moved to reconsider the vote by which the said ordi- 
 nance passed its third reading, and. 
 
 On motion of Mr. Badger, that motion was laid upon the 
 table. 
 
 The unfinished business of Saturday was taken up, being the 
 ordinance supplemental to the ordinance authorizing the issue of 
 Treasury notes. 
 
 Pending the consideration of the subject, a message was 
 received from His Excellency, the Governor, in relation to the 
 military condition of the State, which was read and, on motion, 
 laid upon the table. 
 
 The consideration of the Treasury note ordinance was then 
 resumed, and occupied the remainder of the morning session. 
 49 
 
104 JOURNAL OF THE [3d Session, 
 
 4 O'clock, P. M. 
 
 Mr. Howard, from the Military Committee, reported back 
 the ordinance for the more thorough organization of the militia, 
 and asked to be discharged from its further consideration, in 
 which the Convention concurred. 
 
 The unfinished business of the morning was resumed. 
 
 Mr. Ruffin moved to amend by striking out of the second 
 section, all betAveen the ordaining clause and the word " and" 
 in the 4th line, and inserting, " that said Treasury notes shall, 
 at any time or times hereafter, be received at the Treasury in 
 payment for land entered, and for taxes, and for any debt to the 
 State, and for county, poor, and school purposes." Also, to 
 strike out all after the word " counties," in the 5th line. 
 
 The question on the amendment was put and decided in the 
 aflBrmative, the ayes and noes being ordered on motion of Mr. 
 Mearcs, as follows : 
 
 Ayes — Messrs. Badger, Battle of Edgecombe, Battle of 
 Nash, Battle of Wake, Berry, Brodnax, Brown, Bunting, Cald- 
 well, Christian, Cunningham, Dick, Dickson, Douthitt, Edwards, 
 Ellison, Foster of Ashe, Foster of Randolph, Foy, Fuller, Gra- 
 ham, Hearne, Holmes, Howard, Joyce, Kittrell, Leak of Rich- 
 mond, Long, Manning, Miller, Mitchell, Osborne, Phifer, Reid, 
 Rhodes, Ruf&n, Smith of Macon, Speed, Sprouse, Starbuck, 
 Strange, Strong of Mecklenburg, Strong of Wayne, Thomas of 
 Carteret, Washington, Williamson and Wilson — 47. 
 
 ]sfoES — Messrs. Allison, Bogle, Bryson, Calloway, Cannon, 
 Councill, Darden, Durham, Gilmer, Gorrell, Green, Headen, 
 Hicks, Houston, McDuffie, ^IcNeill of Cumberland, McNeill of 
 Harnett, Meares, Mebane, Michal, Murrill, Myers, Pettigrew, 
 Rayner, Sanders, Shipp, Smith of Johnston, Thornton, Turner 
 and Woodfin — 30. 
 
 Mr. Battle, of Wake, moved an additional section, as follows : 
 "That on application of holders of Treasury notes of the 
 denominations of fifty dollars, and one hundred dollars, without 
 interest, the Treasurer shall, as soon as may be practicable, 
 redeem the same with other Treasury notes of a less denomina- 
 
STATE CONVENTION. 105 
 
 tlon ; Provided, That nothing herein contained shall prevent the 
 issue of said notes to the aggregate amount of three millions of 
 dollars. 
 
 The amendment was adopted. 
 
 On motion of Mr. Badger, the ordinance was re-committed to 
 the committee. 
 
 Mr. Smith, of Macon, from the committee on Enrollments, 
 reported as correctly enrolled, the resolution in favor of Wm. R. 
 Lovell, and the same was duly ratified. 
 
 On motion of Mr. Badger, the Convention took up the ordi- 
 nance to tax money, and the same was read the second time. 
 
 Mr. Gorr.ell moved to amend by adding — "Provided, that 
 bank notes shall be considered as money," and the amendment 
 was agreed to. 
 
 Mr. Speed moved to adjourn, and it was not agreed to. 
 
 Mr. Reid moved the following amendment to the ordinance 
 under consideration : — Provided the average amount on hand for 
 the six months immediately preceding the time of listing tax- 
 ables, shall be the sum required to be listed under the provisions 
 of this ordinance. After some discussion, the amendment was 
 withdrawn. 
 
 The ordinance then passed the second reading. 
 
 On motion of Mr. Badger, the Convention adjourned. 
 
 IN CONVENTION, Tuesday, February 25, 1862. 
 
 The President called the Convention to order pursuant to 
 adjournment. Prayer by Rev. Dr. Mason, of the P. E. Church. 
 
 The journal of yesterday was read and approved. 
 
 Mr. Battle, of Wake, from the select committee on the sub- 
 ject, reported an ordinance to encourage the manufacture of 
 wool and cotton cards ; and the same passed the first reading. 
 
 He moved to suspend the rules in order to put the ordinance 
 on its several readings to-day ; on which motion the ayes and 
 noes were ordered, and resulted in the affirmative, as follows : 
 
106 JOUENAL OP THE [8d Session, 
 
 Ayes — Messrs. Allison, Battle of Nash, Battle of Wake, 
 Berry, Bogle, Brown, Bryson, Caldwell, Calloway, Cannon, 
 Councill, Cunningham, Darden, Dick, Dickson, Douthitt, Dur- 
 ham, Edwards, Ellison, Foster of llandolph, Foy, Fuller, Gil- 
 mer, Gorrell, Graham, Headen, Hicks, Holden, Holmes, Joyce, 
 Kittrell, Long, Lyon, Manning, McDuffio, McNeill of Cumber- 
 land, McNeill of Harnett, Mebane, Phifer, Reid, Rhodes, 
 Ruffin, Sanders, Shipp, Smith of Johnston, Smith of Macon, 
 Speed, Sprouse, Starbuck, Strong of Mecklenburg, Strong of 
 Wayne, Thomas of Jackson, Thompson, Thornton, Williamson 
 and Wilson — 56. 
 
 Noes — Messrs. Battle of Edgecombe, Brodnax, Foster of 
 Ashe, Howard, Michal, Pettigrew, Rayner, Strange and Wash- 
 ington — 9. 
 
 The ordinance was read the second time. 
 
 Mr. Reid moved to add, "Provided, that the cards to be 
 manufactured shall not be sold for a greater price than two dol- 
 lars a pair." 
 
 Mr. Washington moved to amend the amendment by striking 
 out "two dollars," and inserting, "one dollar and a half," and 
 it was not agreed to. 
 
 Mr. Reid then withdrew his amendment, and substituted the 
 following : " Provided, That the cards manufactured shall be 
 first offered for sale to the citizens of the State," and the amend- 
 ment was adopted. 
 
 As amended the ordinance then passed the second and third 
 readings, and was ordered to be enrolled. 
 
 Mr. Smith, of Macon, from the committee on Enrollments, 
 reported as correctly enrolled, the ordinance to allow the claims 
 audited by the Board of Claims, and the same was duly ratified. 
 
 Mr. Badger moved to take up the ordinance to exempt Qua- 
 kers from military service, on which the ayes and noes were 
 ordered, on motion of Mr. Speed, and resulted in the negative, 
 as follows : 
 
 Ayes — Messrs. Bagley, Battle of Edgecombe, Battle of 
 Wake, Bogle, Caldwell, Cannon, Dick, Foster of Randolph, Gil- 
 mer, Gorrell, Graham, Headen, Holden, Kittrell, Long, Man- 
 
1862.] STATE CONVENTION. 107 
 
 ning, McNeill of Harnett, Mebane, Ruffin, Shipp, Speed, Star- 
 buck, Strong of Wayne, Thomas of Carteret, and Wilson — 25. 
 
 Noes — Messrs. Allison, Battle of Nash, Berry, Brodnax, 
 Brown, Bryson, Bunting, Calloway, Councill, Cunningham, Dar- 
 dcn, Dickson, Douthitt, Durham, Edwards, Ellison, Foster of 
 Ashe, Foy, Fuller, Green, Hicks, Houston, Howard, Jones of 
 Rowan, Joyce, McDuflSe, McNeill of Cumberland, Mearcs, 
 Michal, Miller, Osborne, Pettigrew, Phifer, Rayner, Reid, 
 Rhodes, Sanders, Sprouse, Strange, Strong of Mecklenburg, 
 Thomas of Jackson, Thompson, Thornton, Turner, Washington, 
 Williamson and Woodfin — 47. 
 
 Mr. Woodfin, from the committee on Finance, reported back 
 the ordinance concerning the issue of Treasury notes, with a 
 Substitute for this and an ordinance to assume the payment of 
 the Confederate tax, and the same passed the first reading. 
 
 Mr. Rayner moved to rescind the order to adjourn to-day at 
 G p. m., and provide for the adjournment to-morrow at 4 p. m. 
 
 Mr. Badger moved to amend the motion by striking out the 
 second clause, on which the ayes and noes were ordered, on 
 motion of Mr. Reid, and resulted in the negative, as follows : 
 
 Ayes — Messrs. Badger, Battle of Edgecombe, Battle of 
 Wake, Brodnax, Caldwell, Calloway, Councill, Dick, Foster of 
 Randolph, Gilmer, Gorrell, Jones of Rowan, Long, Manning 
 Meares, Mebane, Rayner, Rhodes, Speed, Thomas of Jackson 
 and Washington — 21. 
 
 Noes — Messrs. Allison, Battle of Nash, Berry, Bogle, Brown 
 Bryson, Bunting, Cannon, Christian, Cunningham, Darden 
 pickson, Douthitt, Durham, Ellison, Foy, Fuller, Graham 
 Green, Hearne, Headen, Hicks, Holmes, Houston, Howard 
 Joyce, Kittrell, McDuflSe, McNeill of Cumberland, McNeill of 
 Harnett, Michal, Miller, Pettigrew, Phifer, Reid, Rufiin, San- 
 ders, Shipp, Smith of Johnston, Smith of Macon, Sprouse, Star- 
 buck, Strange, Strong of Mecklenburg, Strong of Wayne 
 Thompson, Thornton, Turner, Wilson and Woodfin — 50. 
 
 Mr. Badger moved to amend by striking out " to-morrow 
 2Cth," and inserting « Thursday, 27th." 
 
108 JOURNAL OF THE [3i> Session, 
 
 Mr. Green moved to amend tlie amendment by inserting the 
 words "»i72g die." 
 
 Mr. Graham moved to lay the whole subject on the table, on 
 which the ayes and noes were ordered, on motion of Mr. Badger, 
 and resulted in the affirmative, as follows : 
 
 Ayes — Messrs. Allison, Battle of Nash, Battle of Wake, 
 Berry, Bogle, Brodnax, Brown, Calloway, Cannon, Christian, 
 Cunningham, Darden, Dickson, Douthitt, Durham, Ellison, 
 Foster of Ashe, Foy, Gorrell, Graham, Hearne, Headen, Hicks, 
 Holden, Houston, Jones of Rowan, Joyce, Long, Manning, 
 McDuffie, McNeill of Cumberland, McNeill of Harnett, Mebane, 
 Michal, Miller, Mitchell, Sanders, Smith of Johnston, Smith of 
 Macon, Sprouse, Starbuck, Thomas of Carteret, Thornton, 
 Turner, Williamson ana Wilson — 46. 
 
 Noes — Messrs. Badger, Battle of Edgecombe, Bunting, Cald- 
 well, Councill, Dick, Foster of Randolph, Fuller, Gilmer, Green, 
 Holmes, Howard, Kittrell, Lyon, Meares, Rayncr, Reid, Ruffin, 
 Shipp, Speed, Strange, Strong of Mecklenburg, Strong of 
 Wayne, Thomas of Jackson, Washington and Woodfin — 26. 
 
 On motion of Mr. Gilmer, the rule requiring a recess at 2 
 o'clock, was suspended for this day. 
 
 Mr. Strong, of Wayne, offered a resolution to pay the Door- 
 keepers twenty-five dollars each for servant hire and extra ser- 
 vices, during the present session, which passed the several 
 readings under a suspension of the rules. 
 
 On motion of Mr. Strange, the ordinance to raise troops for 
 the defense of the State, was taken up on the second reading. 
 
 Mr. Rayner moved to amend the same as follows: "That 
 the Governor of the State be authorized and requested to forth- 
 with confer with the President of the Confederate Statec, to the 
 end that when the troops herein provided for shall have been 
 raised and organized, they shall be transferred to the Confed- 
 erate service, on the condition that they shall be retained in the 
 State of North Carolina for the special defence of the State, 
 and thd Governor be further authorized and requested to confer 
 with the President of the Confederate States toward obtaining 
 arms and equipments for said troops when raised. 
 
1862.] STATE CONVENTION. 109 
 
 Mr. Battle, of Wake, from the committee on Enrollments, 
 reported the ordinance to encoujage the manufacture of wool 
 and cotton cards as correctly enrolled, and the same was duly 
 ratified, 
 
 Mr. Michal offered the following amendment to Mr. Rayner's 
 amendment: "Provided that the arrangement contemplated in 
 the preceding section, by ^Yhich said troops arc to be paid, can- 
 not be accomplished, the Governor is not authorized to raise the 
 troops herein provided for. 
 
 On this question the ayes and noes were ordered, on motion 
 of Mr. Strange, and resulted in the negative, as follows : 
 
 Ayes — Messrs. Badger, Battle of Wake, Berry, Bogle, Brown, 
 ^ Bryson, Calloway, Council!, Cunningham, Dick, Douthitt, Elli- 
 son, Foster of Ashe, Fuller, Graham, Green, Headen, Joyce, 
 Manning, Michal, Mitchell, Phifer, Shipp, Sprouse, Starbuck, 
 Thomas of Carteret, and Wilson — 28. 
 
 Noes — Messrs. Battle of Edgecombe, Battle of Nash, Bun- 
 ting, Caldwell, Cannon, Darden, Dickson, Durham, Edward«, 
 Foster of Randolph, Foy, Gilmer, Hearne, Ilolden, Holmes, 
 Houston, Howard, Kittrell, Long, Lyon, McDuffie, McNeill of 
 Cumberland, McNeill of Harnett, Meares, Mebane, Miller, 
 Myers, Osborne, Pettigrew, Bayner, Beid, Rhodes, RuflSn, San- 
 ders, Smith of Johnston, Speed, Strange, Strong of Mecklen- 
 burg, Strong of Wayne, Thomas of Jackson, Thompson, Thorn- 
 ton, Turner, Washington and Woodfin — 45. 
 
 The amendment of Mr. Rayner was then agreed to. 
 
 Mr. Ruffin moved to amend as follows : " That for the pur- 
 pose of carrying out the foregoing provisions, the sum of fifteen 
 millions of dollars is hereby appropriated out of any moneys in 
 the Treasury not otherwise appropriated." 
 
 On motion of Mr. Badger, the ordinance was laid on the table. 
 
 The resolution to rescind the order for adjournment was then 
 taken up, the question being on the amendment offered by Mr. 
 Green, to adjourn sine die, on which the ayes and noes were 
 ordered, on his motion, and resulted in the negative, as follows : 
 
 Ayes — Messrs. Bunting, Cunningham, Darden, Durham, 
 Foster of Ashe, Green, Hicks, Holmes, McDufl5e, Michal, Miller, 
 
no JOURNAL OF THE [3d SimoN, 
 
 Osborne, Sanders, Strong of Mecklenburg, Strong of Wayne, 
 Thompson and Thornton — 17. 
 
 Noes — Messrs. Allison, Badger, Battle of Edgecombe, Battle 
 of Nash, Battle of Wake, Berry, Bogle, Brodnax, Bryson, Cal- 
 loway, Cannon, Christian, Councill, Dick, Dickson, Douthitt, 
 Ellison, Fuller, Gilmer, Graham, Hearne, Headen, Holden, 
 Howard, Joyce, Kit:rell, Long, Manning, McNeill of Cumber- 
 land, McNeill of Harnett, Meares, Mebane, Myers, Pettigrew, 
 Phifer, Rayner, Reid, Rhodes, Ruffin, Shipp, Smith of John- 
 ston, Smith of Macon, Speed, Sprouse, Starbuck, Strange, 
 Thomas of Jackson, Turner, Washington, AVilliamson, Wilson 
 and Woodfin — 52. 
 
 The question then recurred on the amendment of Mr. Badger, 
 on which the ayes and noes were ordered, on motion of Mr. 
 McDuffie, and resulted in the negative, as follows : 
 
 Ayes — Messrs. Badger, Battle of Edgecombe, Battle of Wake, 
 Brodnax, Bunting, Cannon, Councill, Dick, Gilmer, Holmes, 
 Howard, Kittrell, Long, Manning, McNeill of Cumberland, 
 Meares, Osborne, Pettigrew, Rayner, Rhodes, Ruffin, Shipp, 
 Speed, Starbuck, Strang^, Strong of Mecklenburg, Strong of 
 Wayne, Thomas of Carteret, Thomas of Jackson, Thompson, 
 Turner, Washington and Woodfin — 33. 
 
 Noes — Messrs. Allison, Battle of Nash, Berry, Bogle, Bry- 
 son, Calloway, Christian, Cunningham, Darden, Dickson, 
 Douthitt, Durham, Ellison, Foster of Ashe, Fuller, Graham, 
 Green, Hearne, Headen, Hicks, Holden, Joyce, Lyon, McDuffie, 
 McNeill of Harnett, Mebaiie, Michal, Miller, Myers, Phifer, 
 Reid, Sanders, Smith of Johnston, Smith of Macon, Sprouse, 
 Thornton and Wilson — 37. 
 
 Mr. Graham moved to amend by striking out " 4 P. M.," 
 and inserting " 3 P. M.," on which the ayes and noes were 
 ordered, on motion of Mr. Badger, and resulted in ihe affirma- 
 tive, as follows : 
 
 Ayes— Messrs. Allison, Battle of Edgecombe, Battle of 
 JiTash, Battle of Wake, Berry, Bryson, Bunting, Caldwell, Coun- 
 cill, Dick, Durham, Ellison, Fuller, Graham, Headen, Hicks, 
 Holden, Holmes, Joyce, Long, McNeill of Harnett, Meares, 
 
[ 
 
 1862.3 STATE CONVENTION. Ill 
 
 Mebaiie, Miller, Osborne, Phifer, Reifl, Sanders, Smith of John- 
 Bton, Smith of Macon, Sprouse, Starbuck, Strong of Mecklen- 
 burg, Strong of Wayne, Thomas of Carteret, and Thornton — 36, 
 
 Noifis — Messrs. Badger, Bogle, Brodnax, Cailoway, Cannon, 
 Christian, Cunningham, Darden, Dickson, Fetter of Ashe, Gil- 
 mer, Howard, Kittrell, McDuffie, McNeill of Cumberland, 
 Michal, Myers, Pettigrew, Rayner, Rhodes, Ruffin, Shipp, 
 Strange, Thomas of Jackson, Thompson, Turner, Washington, 
 Wilson and Woodfin— 29. 
 
 The resolution as amended was then adopted. 
 
 On motion of Mr. Graham, the Convention took a reoeu 
 until 4 o'clock. 
 
 4 O'CLOCK, P. M. 
 
 Mr. Woodfin moved a oall of the House, which being ordered, 
 the roll was called and the following members answered to their 
 names : 
 
 Messrs. Allison, Badger, Battle of Edgecombe, Battle of 
 Nash, Battle of Wake, Berry, Brodnax, Brown, Bryson, Bun- 
 ting, Caldwell, Cannon, Counoill, Cunningham, Darden, Dick- 
 son, Durham, Edwards, Ellison, Foy, Fuller, Gilmer, Gorrell, 
 Graham, Headen, Holmes, Howard, Joyce, Long, Manning, 
 McDuffie, McNeill of Cumberland, McNeill of Harnett, Mebane, 
 Michal, Osborne, Pettigrew, Phifer, Rayner, Beid, Rhodes, 
 Ruffin, Shipp, Smith of Johnston, Smith of Macon, Speed, 
 Starbuck, Strange, Strong of Mecklenburg, Strong of Wayne, 
 Thomas of Carteret, Thomas of Jackson, Thompson, Thornton, 
 Turner, Washington, Wilson and Woodfin — Present, 58. 
 
 There not being a quorum present, the Doorkeepers were 
 ordered to bring in the absent members. 
 
 Messrs. Dick, Green, Kittrell and Mitchell subsequently 
 appeared in their seats, thus completing a quorum. 
 
 Mr. Badger moved to take up the ordinance to raise troops 
 for the defense of the State, on which the ayes and noes were 
 ordered, atid resulted in the affirmative, as follows : 
 60 
 
112 JOURNAL OF THE [^d Session, 
 
 Ayes— Messrs. Badger, Battle of Edgecombe, Battle of Nash, 
 Brodnax, Brown, Bunting, Caldwell, Cannon, Darden, Dickson, 
 
 :j Edwards, Foy, Holmes, Ileward, Kittrell, Long, Manning. 
 
 ^ McDuffie, McNeill of Cnmberland, McNeill of Harnett, Meares. 
 Mebane, Osborne, Pettigrew, Rayner, Eeid, Rhodes, Rnffin, 
 Smith of Johnston, Speed, Strange, Strong of Mecklenburg, 
 Strong of Wayne, Thomas of Jackson, Thompson, Thornton, 
 Tarner and Washington — 38. 
 
 ^(^ Noes — Messrs. Allison, Battle of Wake, Berry, Bryson, 
 Councill, Cunningham, Dick, Durham, Ellison, Fuller, Gilmer. 
 Gorrell, Graham, Green, Ileaden, Joyce, Michal, Phifer, Shipp, 
 
 ■\ Smith of INIacon, Starbuck, Wilson and Woodfin — 23. 
 
 / The pending question being on the amendment of Mr. RuflSn, 
 Mr. Strange moved to amend the amendment by striking out 
 "fifteen," and inserting " three," on which the ayes and noes 
 were ordered, and resulted in the affirmative, as follows : 
 
 Ayes — Messrs. Battle of Edgecombe, Battle of Nash, Brod- 
 nax, Bryson, Bunting, Caldwell, Councill, Cunningham, Darden, 
 Dickson, Durham, Edwards, Foy, Gilmer, Holmes, Howard, 
 McDuffie, McNeill of Cumberland, McNeill of Harnett, Meares, 
 Pettigrew, Rayner, Reid, Rhodes, Speed, Strange, Strong of 
 Mecklenburg, Strong of Wayne, Thomas of Jackson, Thompson, 
 Thornton, Turner, Washington and Woodfin — 34. 
 
 jq^OES — Messrs. Allison, Badger, Battle of Wake, Berry, 
 Brown, Cannon, Dick, Ellison, Fuller, Gorrell, Graham, Green, 
 Headen, Joyce, Kittrell, Long, Manning, Mebane, Michal, Oa- 
 borne, Phifer, Ruffin, Shipp, Smith of Macon, Sprnill of Tyr- 
 rell, Starbuck and Wilson — 27. 
 
 Mr. Rayner moved to amend the amendment as follows : "and 
 in case the Governor shall fail to make such satisfactory arrange- 
 ment with the President of the Confederate States for the 
 transfer of these troops to the Confederate service, then this 
 ordinance shall bo considered as of no effect." 
 
 Mr. Michal moved to lay the whole subject on the table, en 
 which the ayes and noes were ordered, on motion of Mr. Meares, 
 and resulted in the affirmative, as follows : 
 
1862.] »TATB CONVENTION. li» 
 
 Aybs — Messrs. Allison, Badger, Battle of Wake, Berry. 
 Brown, Bryson, Christian, Councill, Cuauingham, Dick, Ellison, 
 Fuller, Gorrell, Graham, Green, Hearue, HeaJen, Joyce, Long, 
 Manning, Mebane, Michal, Mitchell, Osborne, Phifer, Ruffin, 
 Shipp, Smith of Macon, Starbuck, Strong of Mecklenburg, 
 Wilson and Woodfin — 32. 
 
 Noes— Messrs. Battle of Edgecombe, Battle of Nash, Brod- 
 nax, Bunting, Caldwell, Cannon, Darden, Dickson, Edwards, 
 Holden, Holmes, Howard, Jones of Rowan, McDuffie, McNeill 
 of Cumberland, McNeill of Harnett, Meares, Pettigrew, Ray- 
 ner, Reid, Rhodes, Speed, Spruill of Tyrrell, Strange, Strong 
 of Wayne, Thomas of Jackson, Thompson, Thornton, Turner 
 and Washington — 30. 
 
 On motion of Mr. Woodfin, the ordinance to provide for the 
 funding of the debt of the State was taken up, and passed the 
 second reading. 
 
 On motion of Mr. Graham, the ordiuanoe was ordered to be 
 printed. 
 
 On motion of Mr. Rayner, the Convention proceeded to the 
 consideration of the ordinance to tax money. 
 
 Mr. Rayner moved the following amendment : " Provided, 
 that this ordinance shall not apply to any person who has less 
 than one hundred dollars to list;" and it was agreed to. 
 
 Mr. Dick moved to add, after the words, "bank notes," the 
 words, "and notes of the Confederate States," which wag 
 agreed to. 
 
 Mr. Wilson moved to add the words, " and treasury notes of 
 this State," and it was not agreed to. 
 
 Mr. Rayner moved the folloAving as an additional section, 
 " That this ordinance may be modified or repealed by the Gen- 
 eral Assembly," which was adopted. 
 
 The ordinance as amended then passpd the third reading, and 
 was ordered to be enrolled. 
 
 Mr. Thompson, from the select committee on the subject, 
 reported back the ordinance regulating the appointment of Com> 
 pany Officers, with a substitute therefor. 
 
114 JOtRNAL OF THE [8d Sissioif, 
 
 On motion of Mr. Gorrell, the rules were suspended and the 
 ordinance passed the several readings, and ordered to be enrolled. 
 
 Mr. Battle, of Wake, moved to take up the ordinance con- 
 cerning the organization of the drafted militia, and the motion 
 prevailed. 
 
 The ordinance was read the second time. 
 
 Pending the consideration thereof, 
 
 On motion of Mr. Michal, the Convention adjourned to nine 
 o'clock to-morrow morning. 
 
 IN CONVENTION, Wednesday, February 26, 1862. 
 
 The President called the Convention to order pursuant to 
 ftdjournment. 
 
 The journal of yesterday was read and approved. 
 
 Mr. Strange introduced an ordinance, conferring on the Com- 
 missioners of the Town of Wilmington, certain powers for the 
 defense of said town, which passed the first reading. 
 
 He moved to suspend the rules and put the ordinance on its 
 several readings to-day. The motion prevailed, and the ordi- 
 nance was read the second time, 
 
 Mr. Howard moved to amend as follows : 
 
 " Be it further ordainedy That whenever the commanding 
 officer shall certify that the expenses incurred by the Commis- 
 sioners, nnder this ordinance, were necessary for the defense of 
 the State, the same shall be a charge of the Public Treasury ; 
 Providedy That application shall have first been made to the 
 Confederate Government, and they shall have failed to assume 
 the payment of the same for the space of six months after the 
 application, and that the provisions of this ordinance shall also 
 extend to Washington and Newbern." 
 
 The amendment was adopted, and, as amended, the ordinance 
 passed the second reading, and was read the third time. 
 
 The question being on its final passage, Mr. Brown asked the 
 yeas and nays, which were ordered, and resulted in the affirma- 
 tive, as follows : 
 
1862.] STATB CONVENTION. 115 
 
 AYES—Messrs. Battle of Edgecombe, Battle of Naeh, Brod- 
 nax, Bunting, Caldwell, Cannon, Christian, Darden, Dickson 
 Durham, Edwards,- Ellison, Foy, Fuller, Green, Holden, Holmes' 
 Howard, Joyce, .McDuffie, Meares, Mebane, Michal, Osborne' 
 Pettigrew, Phifer, Reid, Rhodes, Smith of Macon, Speed, Spruill 
 of Tyrrell, Strange, Strong of Mecklenburg, Strong of Wayne 
 Thomas of Jackson, Thompson, Thornton, Turner, Washington' 
 »nd Woodfin— 40. ^ 
 
 Noes— Messrs. Allison, Badger, Battle of Wake, Berry 
 
 Brown, Bryson, Councill, Cunnin^am, Dick, Gilmer, Gorrell 
 
 Graham, Hearne, Headen, Jones of Rowan, Kittrell, Long 
 
 f Manning, Rayner, Ruffin, Starbuck, Thomas of Carteret and 
 
 Wih-on — 23. ' 
 
 Mr. Battle, of Wake, from the committee on Enrollments 
 reported as correctly enrolled, " An Ordinance to tax money '' 
 and " An ordinance regulating the appointment of Company 
 officers," and the same were duly ratified. 
 
 Mr. Brown moved to take up the ordinance providing for the 
 funding of Treasury notes, and the motion prevailed. 
 
 Mr. Woodfin moved to amend the ordinance by adding to the * 
 first section the words, -said bonds being of the denominations 
 of five hundred dollars and one thousand dollars, in equal pro- 
 portions," and it was agreed to. 
 
 Mr. Ruffin moved to strike out the words, "in current 
 funds," and it was agreed to. 
 
 By the same, to amend the 9th line by adding the words 
 "payable twenty years after date, or sooner, at the pleasure of 
 the State, ' which was also agreed to. 
 
 Mr, Woodfin moved to amend the 12th line by adding the 
 words,^ " payable thirty years after the first day of January, 
 1862," and the amendment was adopted. 
 
 Mr. Graham moved to strike out "8" from the Uth line, and 
 insert "7," on which the yeas and nays were ordered, on mo- 
 tion of Mr. Berry, and resulted in the negative, as follows- 
 
 AYES-Messrs. Battle of Edgecombe, Berry, Brown, Bryson, 
 Cannon, Ellison, Graham, Green, Hearne, McDuffie, McNeill of 
 Cumberland, Meares, Starbuck, Thompson, Turner and Wil- 
 son — 16. 
 
118 JOURNAL OF THB [8d Shssion, 
 
 Noes — Messrs. Allison, Badger, Battle of Nash, Battle of 
 Wake, Brodnax, Bunting, Caldwell, Councill, Cunningham, Dick, 
 Dickson, Durham, Edwards, Foy, Fuller, Gilmer, Gorrell, 
 Headen, Holden, Holmes, Howard, Jones of Rowan, Joyce, 
 Kittrell, Long, Manning, McNeill of Harnett, Mebane, Michal, 
 Osborne, Pettigrew, Phifer, Rayner, Reid, Rhodes, Ruffin, 
 Shipp, Smith of Macon, Spruill of Tyrrell, Strange, Strong of 
 Mecklenburg, Strong of Wayne, Thomas of Carteret, Thomas 
 of Jackson, Thornton, Washington and Woodfin — 47. 
 
 Mr. Meares moved to strike out of the second section the 
 words, " or Confederate States," and it was not agreed to. 
 
 Mr. Ruflfin moved to add, after the words, "school purposes," 
 in the second section, the words, " and taxes for the poor," and 
 it was agreed to. 
 
 Mr. Woodfin moved to add to the third section the words, 
 " Nor shall the Treasurer issue, in funding the six per cent. 
 exchangeable bonds, and in payment against the State, more 
 than one million five hundred thousand dollars in Treasury 
 notes in addition to those already directed to be issued." 
 
 Mr. RuflBn oflered an amendment to the amendment, increas- 
 ing the amount, which was agreed to — yeas 35, nays 29 — the 
 yeas and nays being ordered, on motion of Mr. Graham, as 
 follows : 
 
 A.YES — Messrs. Badger, Battle of Edgecombe, Battle of Wake, 
 Berry, Brodnax, Brown, Caldwell, Cannon, Council, Cunning- 
 ham, Dick, Edwards, Ellison, Fuller, Gorrell, Graham, Headen, 
 ' Holden, Howard, Kittrell, Long, Manning, Mebane, Mitchell, 
 Phifer, Rayner, Rhodes, Ruffin, Shipp, Smith of Macon, 
 Speed, Starbuck, Thomas of Carteret, Washington and. Wil- 
 son — 35. 
 
 Noes — Messrs. Allison, Battle, of Nash, Bryson, Bunting, 
 Darden, Dickson, Dillard, Foy, Gilmer, Green, Hearne, Holmes, 
 Joyce, McDuffie, McNeill of Cumberland, McNeill of Harnett, 
 Meares, Michal, Osborne, Pettigrew, Reid, Spruill of Tyrrell, 
 Strong of Mecklenburg, Strong of Wayne, Thomas of Jackson, 
 Thompson, Thornton, Turner and Woodfin — 29. 
 The amendment as amended was then agreed to. 
 
1862»1 .«iTATE CONVENTION. lit 
 
 Mr. Battle of Wake moved to amend the 4th section, by adding 
 after the word, "dollars," the words, " in equal proportions," 
 and it was agreed to. 
 
 Mr. Ruffin moved to amend the 4th section by striking out 
 the words, "bylaw," so as to make it accord with the 57 th 
 section of the 34th chapter of the Revised Code, and it wa!« 
 agreed to. 
 
 Mr. Howard moved to reconsider the vote by which Mr. Ruf- 
 fin's amendment to the amendment of Mr. Woodfin was agreed 
 to, on which the yeas and nays were ordered, on his motion, and 
 resulted in the negative, as follows : 
 
 ^- Ayes — Messrs. Battle of Nash, Bunting, Council, Darden, 
 Dickson, Durham, Foy, Fuller, Green, Holmes, Howard, 
 McDuffie, McNeill of Cumberland, McNeill of Harnett, Meares, 
 Michal, Osborne, Pettigrew, Phifer, Reid, Shipp, Spruill of 
 Tyrrell, Strange, Strong of Mecklenburg, Strong of Wayne, 
 Thomas of Jackson, Thompson, Thornton, Turner, Washington 
 and Woodfin — 31. 
 
 Noes — Messrs. Allison, Badger, Battle of Edgecombe, Battle 
 of Wake, Berry, Brodnax, Bryson, Caldwell, Cannon, Christian, 
 Cunningham, Dick, Edwards, Ellison, Gilmer, Gorrell, Graham, 
 Hearne, Headen, Holden, Joyce, Kittrell, Long, Manning, 
 Mebane, Mitchell, Rayner, Rhodes, Ruffin, Speed, Starbuck, 
 Thomas of Carteret, and Wilson — 33. 
 
 Mr. Starbuck moved to amend the 7th section by striking 
 out, "one million," and inserting, "two-fifths of the capital 
 stock," and also to add to the section the words, " receive or 
 have on hand at any one time," and the amendments were 
 adopted. 
 
 Mr. Battle, of Wake, introduced an additional section legalizing 
 the act of the General Assembly providing for the issue of 
 Treasury notes, and it was adopted. 
 
 Mr. Woodfin ofi'ered an amendment, which was agreed to, 
 authorizing the Treasurer and Comptroller to employ deputies 
 to assist them in signing Treasury notes. 
 
 Mr. Badger oflfered an amendment allowing the General As- 
 sembly to modify or amend the ordinance, and it was agroed to. 
 
118 JOURNAL OF THE [8d Session, 
 
 As amended tlie ordinance then passed the third reading, and 
 was ordered to be enrolled. 
 
 Mr. Rayner moved to take up the ordinance providing for 
 the removal of slaves from the sections of the State threatened 
 by the enemy. 
 
 Mr. Graham, from the special committee to which was refer- 
 red the Governor's communication and accompanying papers, 
 reported back the same, and asked to be discharged from the 
 further consideration of the subject, and the committee was dis- 
 charged accordingly. 
 
 Mr. Howard moved to go into secret session. The motion 
 prevailed and the doors were closed. 
 
 After some time spent in secret session the doors were opened 
 and business in open session resumed. 
 
 Mr. Meares offered a resolution directing the publication of 
 the ordinances of the Convention, and it was adopted. 
 
 Mr. Brown moved to take up the ordinance introduced yes- 
 terday, to allow drafted militia to choose their own officers. 
 
 The motion prevailed and the ordinance was read the second 
 time. 
 
 Mr. McDuffie moved to lay ihe ordinance on the table, on 
 which the yeas and nays were ordered, on motion of Mr. Brown, 
 and resulted in the negative, as follows : 
 
 Ayes — Messrs. Battle of Edgecombe, Battle of Nash, Brod- 
 nax. Bunting, Dickson, Durham, Edwards, Green, Jones of 
 Rowan, McDuffie, Michal, Pettigrew, Phifer, Reid, Rhodes, 
 Ruffin, Speed, Spruill of Tyrrell, Strange, Strong of Mecklen- 
 burg, and Thornton — 20. 
 
 Noes — Messrs. Allison, Badger, Battle of Wake, Berry, 
 Brown, Bryson, Caldwell, Cannon, Christian, Council, Cunriing- 
 ham, Darden, Dick, Ellison, Foy, Fuller, Gilmer, Gorrell, Gra- 
 ham, Hearne, Headen, Holden, Holmes, Joyce, Long, Man- 
 ning, McNeill of Cumberland, McNeill of Harnett, Meares, 
 Mebane, Osborne, Shipp, Smith of Macon, Starbuck, Strong of 
 Wayne, Washington and Woodfin — 37. 
 
 (Not a quorum voting.) 
 
 Mr. Gilmer offered the following resolution, which wai 
 unanimously adopted, (Mr. Graham in the Chair) : 
 
1862.] 
 
 STATE CONVENTION. H^ 
 
 Itesolved, That the thanks of this Convention are due, and 
 are hereby cordially tendered to the lion. Weldon N. Edwards, 
 for the ability, assiduity, urbanity and impartiality which has 
 uniformly, throughout the >Yholc of the session, characterized 
 his deportment in the discharge of his duties as presiding officer 
 of this body. 
 
 The committee on Enrollments reported as correctly enrolled 
 the ordinance to provide for the funding of the Treasury notes 
 of the State, and the same was duly ratified. 
 
 Mr. Starbuck moved a call of the House, and the motion was 
 not seconded. 
 
 The hour for adjournment being at hand, the President ad- 
 dressed the Convention, thanking the members for the courtesy 
 and kindness received at their hands during the session, ex- 
 pressed confidence in the justice and final "success of the cause 
 in which we arc engaged, and then declared the Convention 
 adjourned to 12 o'clock, M., on the 21st of April nvxt. 
 
 [The journal of the last day of the session was kept by J. H. 
 Moore, in the absence of the Principal Secretary.] 
 51 
 
JOURNAL 
 
 OF 
 
 THE CONVENTION 
 
 OF THE PEOPLE OF 
 
 NORTH CAROLINA. 
 
 jFourli) 5^cssion. 
 
 HELD IN APRIL AND MAY, 1862 
 
 RALEIGH : 
 JNO. W. SYME, PRINTER TO THE CONVENTION. 
 
 1862. 
 
/ Vt I 
 
 i^OiT/"* 4() > HI! 
 
 ■■'.»■ 3 J'J 
 
 '/i KM>)i 
 
JOURNAL 
 
 OP THE 
 
 STATE CONVENTION. 
 
 FOURTH SESSION. IRCli. 
 
 IN CONVENTION, Moxday, April 21, 18G2. 
 
 In pursuance of the order of adjournment, the Convention 
 assembled this day and was called to order by the President. 
 
 Richard S. Donncll, delegate elect from Beaufort County to 
 fill the vacancy caused by the death of "Wm. J. Ellison, appeared, 
 produced his credentials and took his seat. 
 
 The roll of members was then called, wheji the following 
 answered to their names : 
 
 Messrs. Allison, Badger, Barnes, Berry, Caldwell, Christian, 
 Darden, Donnell, Douthitt, Durham, Edwards, Foster of Ran- 
 dolph, Graham, Ilearne, Headen, Holden, Kittrell, Leak of 
 Richmond, Long, McNeill of Cumberland, McNeill of Harnett, 
 Mitchell, Phifer, Rayner, Sanders, Satterthwaito, Schenck, 
 Smith of Johnston, Starbuck, Thompson, Thornton, Warruu 
 and Wilson — 33. 
 
 There not being a quorum present, on motion of Mr. Gra- 
 ham, the Convention adjourned to 10 o'clock to-morrow mornin". 
 
 IN CONVENTION, Tuesday, April 22, 1862. 
 The President called the Convention to order pursuant to 
 adjournment. The journal of the last day of last session, and 
 the journal of yesterday were read and approved. 
 
4 JOURNAL OF THE [4th Session, 
 
 Mr. Rayner introduced certain amendments to the rules, 
 ■which lie over one day. 
 
 The Convention then proceeded to the business on the calendar. 
 On motion of Mr. Gilmer, the ordinance to provide for the 
 completion of the Cape Fear and Deep River Improvement, was 
 made the special order for Thursday next at 11 o'clock. 
 
 The Convention then took up the question pending at the ad- 
 journment of the last session, being the motion of Mr. McDuffic 
 to lay on the table the ordinance in relation to the drafted mili- 
 tia, when, by general consent, the same was informally passed 
 over. 
 
 Mr. Graham offered a resolution in relation to the tax on 
 spirituous liquors. On motion the rules were suspended and the 
 resolution adopted. 
 
 The ordinance to establish the office of Lieutenant Governor 
 w&s then read the second time ; the question being on the sub- 
 stitute recommended by the committee. 
 
 Mr. Headen moved to postpone the consideration of the sub- 
 ject until the general report of the Executive committee shall 
 come up for consideration, and it was not agreed to. 
 The substitute of the committee was then adopted. 
 Mr. Howard moved to amend by striking out the words, 
 
 " clause ," in the first section, and inserting the words, 
 
 " section 19," which was agreed to. 
 
 He also moved to amend by striking out the words " Speaker," 
 in the second line of the 7th section, and inserting the words, , 
 " President ;" also to insert the word, " Speaker," between the 
 words, "or," and the words, *' of the House of Commons," in 
 the third line. 
 
 Also, to strike out in line 3rd, section 5th, the word " Speak- 
 er," and insert the word, " President," and the several amend- 
 ments were agreed to. 
 
 The ordinance as amended then passed the second reading. 
 The ordinance in relation to the Cheraw and Coalfields Rail- 
 road, was then read the second time. 
 
 Mr. Christian moved to postpone the same and make it the 
 special order for Friday next at 11 o'clock. 
 
\m.) " STATE CONVENTION. 6 
 
 Mr. Schenck moved that it be in(lcfinitely postponed, on 
 which the ayes and noes were ordered, on motion of Mr. 
 Schenck, and resulted in tlic negative, as follows : 
 
 Ayes — Messrs. Baglcy, Batchelor, Battle of Nash, Bunting, 
 Cunningham, Darden, Dickson, Durham, Hargrove, Holmes, 
 Howard, Kelly, Leak of Anson, McDulBc, Meares, Mitchell, 
 Moseley, Rhodes, Royster, Sanders, Schenck, Setzer, Smith of 
 Halifax, Smith of Johnston, Thompson, Thornton and Wil- 
 liams — 27. 
 
 Noes — Messrs. Allison, Badger, Barnes, Battle of Wako, 
 Berry, Caldwell, Calloway, Christian, Dick, Douthitt, EUer, 
 Foster of Ashe, Foster of Randolph, Gilmer, Gorrcll, Graham, 
 Green, Hearne, Hcadcn, Holden, Jones of Rowan, Joyce, Kit- 
 trell. Long, Mann, McNeill of Cumberland, McNeill of Harnett, 
 Mebane, Myers, Phifer, Rayner, Satterthwaitc, Speed, Star- 
 buck, Thomas of Carteret, Warren and Wilson — 37. 
 
 The motion of Mr. Cbrictian was then agreed to. 
 
 On motion of Mr. Badger, Wm. R. Lovell was made Princi- 
 pal Doorkeeper in place of James Page, resigned, and Drury 
 King was appointed Assistant Doorkeeper. 
 
 On motion of Mr. Badger, the Convention adjourned until 
 10 o'clock to-morrow morning. 
 
 IN CONVENTION, Wednesday, April 23, 18(32. 
 
 The President took the Chair and called the Convention to 
 order. Prayer by Rev. Thomas E. Skinner of the Baptist 
 Church. 
 
 The journal of yesterday was read and approved. 
 
 Mr. Holden presented a memorial from B. Melchior in rela- 
 tion to a system of domestic economy, which, on his motion, 
 was referred to a select committee of three. 
 
 Mr. Speed presented the credentials of D. McDonald Lind- 
 say, delegate elect from Currituck county, in place of J. B 
 Jones, resigned, whereupon he took his seat. 
 
 Mr. Jones, of Rowan, introduced a resolution in relation to the 
 Governor, which lies over one day. 
 
R JOURNAL OF THE [4th Session, 
 
 The amendment to the rules proposed by Mr. Rayner on yes- 
 terday -were then taken up, read and adopted, after being 
 amended, on motion of Mr. GraLam. 
 
 Mr. Mitchell offered a resolution to withhold the payment of 
 a certain claim allowed by the Board of Claims, because said 
 claim has already been paid, and the resolution was adopted un- 
 der a suspension of the rules. 
 
 The Convention then proceeded to the consideration of the 
 ordinance to establish the office of Lieutenant Governor, on the 
 third reading. 
 
 Mr. Graham moved to lay the ordinance on the table, on 
 which the ayes and noes were ordered, and resulted in the nega- 
 tive, as follows : 
 
 Ayes — Messrs. Allison, Bagley, Berry, Bogle, Cannon, 
 Dick, Douthitt, Foster of Randolph, Graham, Green, Hearne, 
 Headcn, Houston, Jones of Rowan, Joyce, Kelly, Kittrell, 
 Long, Mann, Mebane, Mitchell, Smith of Johnston, Speed, 
 Starbuck, Thomas of Carteret} and Wilson — 27. 
 
 Noes — Messrs. Atkinson, Barnes, Batchelor, Battle of 
 Edgecombe, Bryson, Bunting, Caldwell, Calloway, Cunningham, 
 Darden, Dickson, Durham, Edwards, Eller, Foster of Ashe, 
 Fuller, Gilmer, Gorrcll, Ilolden, Holmes, Howard, Johnston, 
 Leak of Richmond, Manning, McDuffie, McNeill of Cumberland, 
 McNeill of Harnett, ]\Icares, Moseley, Myers, Osborne, Ray- 
 ner, Rhodes, Royster, Sanders, Schenck, Setzer, Smith of 
 Halifax, Spruill of Tyrrell, Strange, Thompson, Thornton, 
 "Williams and "Williamson — 46. 
 
 Mr. Graham then moved to amend the ordinance as follows : 
 Strike out of the 1st line of the 4th section, the words between 
 "the" and "absence," and inserting so as to make it read, 
 "in case of the absence of the Governor from the State," &c. ; 
 on which the ayes and noes were ordered, on motion of Mr. 
 Howard, and the amendment was lost, as follows : 
 
 Ayes — Messrs. Allison, Bagley, Berry, Bryson, Cannon, 
 Christian, Dick, Donnell, Douthitt, Edwards, Foster of Ashe, 
 Foster of Randolph, Gorrell, Graham, Green, Hearne, Headen, 
 Houston, Jones of Rowan, Joyce, Kelly, Kittrell, Lindsay, Long, 
 
1862.] STATE CONVENTION. 7 
 
 Mann, Manning, Mebane, INIitchell, Osborne, Sanders, Satter- 
 tliwaite, Setzer, Smith of Johnston, Speed, Spruill of Tyrrell, 
 Starbuck, Thomas of Carteret, Warren and "Wilson — 40. 
 
 Noes — Messrs. Atkinson, Barnes, Batchelor, Battle of Edge- 
 combe, Battle of Nash, Bogle, Bunting, Caldwell, Calloway, 
 Cunningham, Darden, Dickson, Durham, Fuller, Ilolden, 
 Holmes, Howard, Johnston, Leak of Richmond, McDuffic, 
 McNeill of Cumberland, Meares, Moselcy, Myers, jPhifer, 
 Rayner, Ruffin, Schcnck, Strange, Strong of AVayne, Thomp- 
 son, Thornton and Williamson — 34. 
 
 Mr. Graham also moved to strike out the word, " acquittal," 
 and it was agreed to. 
 
 Mr. Howard moved to insert the word " his " after the 
 word '* State," — the word, "temporary " before the word "in- 
 ability," and to strike out the word " temporarily," in the third 
 line, and the amendments were agreed to. 
 
 He also moved to amend by striking out of line 4, the wor4s, 
 " and compensation," also to insert the word " and " before the 
 word " powers," which amendments were adopted. 
 
 Mr. Graham moved to strike out the 5th, 6th and 7tli sec- 
 tions, and it was not agreed to. 
 
 He then moved to strike out the 6th section, on which the 
 ayes and noes were ordered, on motion of Mr. Howard, and re- 
 sulted in the negative, as follows : 
 
 Ayes — Messrs. Allison, Atkinson, Badger, Barnes, Berry, 
 Bryson, Cannon, Christian, Douthitt, Eller, Foster of Randolph, 
 Gorrell, Graham, Green, Hearne, Headen, Houston, Jones of 
 Rowan, Joyce, Kelly, Kittrell, Lindsay, Long, Manning, Mitchell, 
 Sanders, Satterthwaite, Smith of Johnston, Speed, Starbuck, 
 Thomas of Carteret, Warren and Wilson — 38. 
 
 Noes — Messrs. Bagley, Batchelor, Battle of Edgecombe, 
 Battle of Nash, Bunting, Caldwell, Calloway, Cunningham, Dar- 
 den, Dickson, Durham, Edwards, Foster of Ashe, Fuller, Holden, 
 Holmes, Howard, Leak of Richmond, McDuffle, McNeill of Cum- 
 berland, McNeill of Harnett, Meares, Moseley, Osborne, Phifer, 
 Rayner, Rhodes, Ruffin, Schenck, Setzer, Smith of Halifax, 
 52 
 
8 JOURNAL OF THE [4th Session, 
 
 Strong of Wayne, Thompson, Thornton, Williams and William- 
 son — 36. 
 
 Mr. Badger moved the following as an additional section : 
 " That this ordinance shall only have effect and operation in re- 
 spect to the next ensuing election for Governor. 
 
 Pending the consideration of this amendment. 
 
 The President laid before the Convention a communication 
 from the Governor in relation to speculation upon the necessi- 
 ties of life, which, on motion of Mr. Osborne, was referred to a 
 a select committee. 
 
 Also, a letter from the Comptroller of Public Accounts, in 
 reply to a resolution adopted yesterday, which, on motion of 
 Mr. Badger, was referred to the committee on Finance. 
 
 On motion of Mr. Badger, the Convention adjourned until 
 10 o'clock to-morrow morning. 
 
 IN CONVENTION, Thursday, April 24, 1862. 
 
 The President took the chair and called the Convention to order. 
 
 The journal of yesterday was read and approved. 
 
 The President announced the committee on the memorial of 
 B. Melchior, as follows: Messrs. Ilolden, Donncll and Dick. 
 
 And on the message of the Governor: Messrs. Osborne, Gil- 
 mer, Dickson, Rayner and Schenck. 
 
 At Mr. Osborne's request he was excused from serving on the 
 committee, and Mr. Strange was appointed in his place. 
 
 The President laid before the Convention a communication 
 from our Senators and Representatives in Congress, enclosing 
 certain documents in relation to the battle of Roanoke Island. 
 
 On motion of Mr. Graham, it was laid on the table, and the 
 letter ordered to be printed. 
 
 Mr. Graham offered an ordinance to provide for the vacancy 
 in the office of Governor, which passed its first reading. 
 
 The resolution introduced by Mr. Jones, of Rowan, on yester- 
 day, was now taken up. 
 
 Mr. Jones, of Rowan, moved to lay the same on the table, 
 and it was agreed to. 
 
1862.] STATE CONVENTION. 9 
 
 Mr. Speed presented a petition from J. M. Perry, of Tyrrell 
 county, asking that he be allowed to continue the distillation of 
 groin, which, on his motion, was ordered to lie on the tabic. 
 
 Mr. Badger presented a petition from the Society of Friends 
 or Quakers, in relation to their exemption from military service, 
 which, on his motion, was laid upon the table. 
 
 The unfinished business of yesterday was now taken up, the 
 question being on Mr. Badger's amendment to the ordinance to 
 create the office of Lieutenant Governor. 
 
 By consent, Mr. Badger withdrew his amendment, and the 
 question recurred on the passage of the ordinance. 
 
 Mr. Badger moved to lay the subject on the table, on which 
 the ayes add noes were ordered, on motion of Mr. Howard, and 
 resulted in the affirmative, as follows : 
 
 Ayes — Messrs. Allison, Atkinson, Badger, Barnes, Battle of 
 Wake, Berry, Bogle, Bryson, Calloway, Cannon, Christian, 
 Dick, Donnell, Douthitt, Eller, Foster of Ashe, Foster of Ran- 
 dolph, Gilmer, Gorrell, Graham, Green, Ilearne, Iloadcn, 
 Houston, Jones of Rowan, Joyce, Kelly, Kittrell, Lindsay, 
 Long, Mann, Planning, Mebane, Mitchell, Ruffin, Sanders, Sat- 
 tcrtliv.aitc, Smith of Johnston, Speed, Spruill of Tyrrell, Star- 
 buck, Thomas of Carteret, Warren and Wilson — 44. 
 
 Noes — Messrs. Bagley, Batchelor, Battle of Edgecombe, 
 Battle of Nash, Brown, Bunting, Caldwell, Cunningham, Dick- 
 son, Durham, Edwards, Fuller, Holden, Holmes, HoAvard, 
 Johnston, Leak of Richmond, McDowell of Burke, McDufKe, 
 McNeill of Cumberland, McNeill of Harnett, Mcares, Mosclcy, 
 Myers, Osborne, Phifer, Rhodes, Royster, Schenck, Sctzor, 
 Smith of Halifax, Strange, Strong of Wayne, Thompson, 
 Thornton, Williams and Williamson — 38. 
 
 Mr. Badger moved that the Convention now consider the or- 
 der heretofore introduced in regard to a disposition of the con- 
 stitutional amendments embraced in certain resolutions ofrecd 
 to on motion of Mr. Graham. 
 
 On this question the ayes and noes were ordered, on motion 
 of Mr. Badger, and resulted in the affirmative, as follows : 
 
10 JOURNAL OF THE [4th Session, 
 
 Ayes — Messrs. Allison, Atkinson, Badger, Barnes, Batchelor, 
 Battle of Wake, Berry, Bogle, Brown, Bryson, Calloway, Can- 
 non, Christian, Dick, Donnell, Douthitt, Ellcr, Foster of Ashe, 
 Foster of Randolph, Fuller, Gilmer, Gorrell, Graham, Ilearnc, 
 Headen, Ilolden, Houston, Jones of Rowan, Jo3^ce, Kittrell, 
 Lindsay, Long, Mann, Manning, Mebane, Mitchell, Osborne, 
 Phifcr, Ruffin, Sanders, Satterthwaite, Smith of Johnston, 
 Speed, Spruill of Tyrrell, Starbuck, Thomas of Carteret, AYar- 
 ren and Wilson — 48. 
 
 Noes — Messrs. Bagley, Battle of Edgecombe, Battle of Nash, 
 Bunting, Caldwell, Cunningham, Dickson, Durham, Edwards, 
 Holmes, Howard, Johnston, Kelly, Leak of Richmond, Mc- 
 Dowell of Burke, McDuffie, McNeill of Cumberland, McNeill 
 of Harnett, Meares, Moseley, Myers, Rhodes, Royster, Schenck, 
 Smith of Halifax, Strange, Strong of Wayne, Thompson, 
 Thornton, Williams and Williamson — 31. 
 
 Mr. Howard moved to amend by adding the following : 
 " Provided^ That no amendments to the Constitution shall be 
 considered at the present session of the Convention," on which 
 the ayes and noes were ordered, on motion of Mr. Howard, and 
 resulted in the affirmative, as follows : 
 
 Ayes — Messrs. Atkinson, Bagley, Batchelor, Battle of 
 Edgecombe, Battle of Nash, Brown, Bunting, Caldwell, Cun- 
 ningham, Dickson, Durham, Edwards, Holmes, Howard, John- 
 ston, Jones of Rowan, Leak of Ptichmond, Lindsay, McDowell 
 of Burke, McDuffie, McNeill of Cumberland, McNeill of Har- 
 nett, Meares, Mosely, Myers, Osborne, Rayner, Royster, San- 
 ders, Satterthwaite, Schenck, Smith of Halifax, Spruill of 
 Tyrrell, Strange, Strong of Mecklenburg, Strong of Wayne, 
 Thompson, Thornton, Williams and Williamson — 41. 
 
 Noes — Messrs. Allison, Badger, Barnes, Battle of Wake, 
 Berry, Bogle, Bryson, Callowa^y, Cannon, Christian, Dick, Don- 
 nell, Douthitt, Eller, Foster of Ashe, Foster of Randolph, Gil- 
 mer, Gorrell, Graham, Green, Hearne, Headen, Holden, Hous- 
 ton, Joyce, Kittrell, Long, Mann, Manning, Mebane, Mitchell, 
 Phifer, Rhodes, Ruffin, Smith of Johnston, Speed, Starbuck, 
 Thomas of Carteret, Warren and Wilson — 40. 
 
1862.] STATE CONVENTION,. 11 
 
 The question then recurring on the adoption of the order as 
 amended, the ayes and noes were ordered, on motion of Mr. 
 Howard. 
 
 Before the vote was taken, on motion of Mr. Graham, the 
 subject Avas laid upon the table. 
 
 On motion of Mr. Badger the Convention adjourned to 10 
 o'clock to-morrow morning. 
 
 IN CONVENTION, Fribay, April 25, 1862. 
 
 The President called the Convention to order. Prayer by 
 Rev. J. M. Atkinson, of the Presbyterian Church. 
 
 The journal of yesterday Avas read and approved. 
 
 Mr. Michal presented a petition from sundry citizens of Ruth- 
 erford county, prayer the speedy adjournment of this Conven- 
 tion, which, on his motion, was ordered to lie on the table. 
 
 Mr. Rayner introduced an ordinance in regni-d to the hold- 
 ing of the courts in Hertford county, which passed its first reading. 
 On his motion the rules .were suspended, and the ordinance read 
 the second and third times, passed, and ordered to be enrolled. 
 
 Mr. Gorrell introduced an ordinance in relation to the elec- 
 tion of Governor, which passed its first reading. 
 
 Mr. Howard oiFered the following: 
 
 licsolved, That on Wednesday, the 30th of April, 1862, this 
 Convention will adjourn sine die. 
 
 Lies over under the rule. 
 
 Mr. Howard introduc^ed an ordinance amendatory ef "An 
 Ordinance to raise North Carolina's quota of Confederate troops, 
 ratified the 19th day of February, 1862," which passed the 
 first reading. (fM 
 
 On motion of jBtT Badger, the Convention took up for con- 
 sideration the ordinance to exempt members of the Society of 
 Friends from the performance of military duty. 
 
 Pending the consideration of the subject, the hour arrived to 
 take up the special order of the day, which, on motion of Mr. 
 Badger, was postponed until the ordinance under consideration 
 should be disposed of. 
 
12 JOURNAL OF THE [4tu Session, 
 
 On motion of Mr. Warren, after considerable discussion, tlie 
 furtlier consideration of the subject was postponed until to-mor- 
 row. 
 
 Mr. Warren then announced to the Convention tlie death of 
 Wm. J. Ellipon, late a member of this body from Eeaufort 
 county, and introduced tlic folloAving resolutions, -wbich were 
 unanimously adopted: 
 
 Resolved, That tliis Convention has heard, Avith deep regret, 
 the intelligence of the demise, on the 6th of March last, of 
 ^ AViUiam J. Ellison, a delegate from the -county of Beauforl. 
 
 Resohcdy That it is the sense of this Convention that it has 
 lost by this event, an able, upright, and useful member of this 
 body, distinguished hy industry, by devotion to his public trust, 
 and b}'^ an intelligent performance of his duties as a representa- 
 tive, and that we bear cheerful testimony to his worth as a man, 
 and to his integrity and capacity as a public servant. 
 
 Resolved, That we tender our sympathy to the family of the 
 deceased, and that in token of respect for his memory we will 
 wear the usual badge of mourning. 
 
 Resolved, That as a further token of respect this Convention 
 do now adjourn. 
 
 The Convention then adjourned to 10 o'clock to-morrow 
 mornins;. 
 
 IN CONVENTION,' Saturday, April 2C, 18G2. 
 
 The President called the Conventijon to order. 
 
 The journal of yesterday was read and approved. 
 
 Mr. Battle, of Wake, from the' committee on Enrollments, 
 reported as correctly enrolled, a resolution in relation to a cer- 
 tain claim allowed by the Board of Claims,' yt^ich had already 
 been paid, and an ordinance in regard to holding the courts in 
 and for the county of Hertford, and the same were duly ratified. 
 
 Mr. Atkinson introduced an ordinance for the relief of the 
 Banks of this State, which passed the first reading. 
 
1862.] STATE CONVENTION. 13 
 
 On motion of Sattertlnvaito, t!« rules were suspen,!.,, the 
 
 :: b:r„r;.' '" ^™''"" •™" '''■' *■"■-• ^--<'' -^ ^^^^ 
 
 no^'uln;":" '■'^""■''"".«^"«>*'^, "^"it%™nent, waa 
 
 Mr. SaUertlnvaito moved to lay the resolution tn the ttble 
 n wh.eh the ayes and noes were ordered, on .notion o J ' 
 Howard, and resulted in the affirmative as follows- 
 
 Ayes— Messrs. Allison, Atkinson, Bajjlev Barnox K.,t.i i 
 Battle of Wahe, Berry, Brown, Brysr„ 'o!l :^,^C ::' 
 C nstun ack Douthitt, Eller, Foster of Rand^h, FuHer' 
 Gilmer, Gorrell, Graham, Green, Hearne, Ileaden Iloh le, ' 
 
 lZ°'u Tn' '''\'''""'' '^--S' M-'Neill of C m e ' 
 M Ne, 1 of Harnett, Mearcs, Mebane, Rhodes, R„ffi„, S.a C, 
 
 t!" rd'^v^^n-i^": "' '"""^""' ''"•'-^' ^^"-' ^^-'5 
 
 Noes Messrs. Battle of Edgecombe, Battle of Nash R„„f 
 
 -:f As":' T"'t"'' "*""' ""^"»"' ^"-t W 
 
 r„1 r ' irT T '' "'^'-S™™. Hol'ne^, Houston, Howard 
 Johnston, Kelly Leak of Anson, Leak <,f Riehmoni, L n Lav 
 Lyon McDowell of Burke, McDuffie, Miehal, Mitch II S' 
 
 Z' Tl' f ^'"'■' y^'"' ''^'■^"»'^' S"*--. Smith of iwt 
 f«, Speed, ^Strange, Strong of Mecklenburg, Strong of Wa™ 
 
 il^iriO "■'""' '''"""""• ^''"™'». ^^'"iams and (v-;: 
 
 „of w *^'''''' wi" "''^'"'""=° '" '■"«■"■'' "> *''^' '^'"^'■•on of «„ver. 
 nor, was read the second time. 
 
 Mr. Gorrell moved as a substitute the ordinance on the <,.„, 
 subject heretofore introduced by him, and the n e wa t 
 .1 by Mr Graham, and the question recurred on t e pTsX 
 of the ordnumce as thus amende.!. Passage 
 
 Mr. Barnes moved to amend the -Ith section by str.kin,. out 
 of the 3rd hne, the words "in the Executive office/' a, ;e,t 
 n^^the^word "and'' before the word "take,'"' which ^ 
 
 cessor shall have been .^S" X~.' ""'" '" ""- 
 
14 JOURNAL OF THE [4th Session, 
 
 Mr. Gorrell moved to amend the 8th line of the 3rd section 
 by striking out all after the word "until," and inserting "his 
 successor shall be qualified." Agreed to. 
 
 Mr. Green moved to strike out the 5th section, on which the 
 ayes and noes were ordered, on motion of Mr. Howard, and 
 resulted in the negative, as follows : 
 
 Ayes — Messrs. Green and Smith of Johnston — 2. 
 » Noes — Messrs. Allison, Atkinson, Badger, Bagley, Barnes, 
 Batchelor, Battle of Edgecombe, Battle of Nash, Battle of 
 Wake, Berry, Bogle, Brodnax, Brown, Bryson, Bunting, Cald- 
 well, Calloway, Cannon, Christian, Cunningham, Dick, Dickson, 
 Douthitt, Durham, Edwards, Eller, Foster of Ashe, Foster of 
 Randolph, Fuller, Gilmer, Gorrell, Graham, Greenlee, Har- 
 grove, Hearne, Headen, Holden, Holmes, Houston, Howard, 
 Johnston, Jones of Rowan, Joyce, Kelly, Kittrell, Leak of An- 
 son, Leak of Richmond, Lindsay, Long, Lyon, Mann, Man- 
 ning, McDowell of Burke, McDuflSe, McNeill of Cumberland, 
 McNeill of Harnett, Meares, Mebane, Michal, Mitchell, Mose- 
 ley, Myers, Rayner, Rhodes, Royster, Ruffin, Sanders, Schenck, 
 Setzer, Smith of Halifax, Speed, Starbuck, Strange, Strong of 
 Mecklenburg, Strong of Wayne, Thomas of Carteret, Thomp- 
 son, Thornton, Washington, Williams, Williamson and Wil- 
 son — 81. 
 
 Mr. Smith, of Halifax, moved to amend by striking out of 
 the third section the words "in the Executive office, and," 
 which was agreed to. 
 
 Also, by striking out of the 2nd section the words " to the 
 seat of government and delivers," which was agreed to. 
 
 Mr. Howard moved to strike out all except the enacting 
 clause, and insert, " That the true construction of tlie Consti- 
 tution is, that upon the death of the Governor, the office 
 devolves upon the person designated by the Constitution to exer- 
 cise the powers of the Governor for the residue of the guber- 
 natorial terra. 
 
 Mr. Battle, of Wake, asked for a division of tlie question so 
 that the vote should first be taken on striking out. 
 
ist}2.] STATE CONVENTION. If, 
 
 The division being ortU'ieil, the ayc-s and noes wore ordered, 
 on motion of Mr. IIoMard, iipdu the f(iicstion of ^^triking out, 
 and resulted in the iicgativc, ab follows? : 
 
 Ayes — Messrs. Batclielor, lUttie of Edgecombe, Battk' (.f 
 Xasli, Bn-nting, Caldwell, CaJloway, Dickson, Durham, Edwardn, 
 Fuller, (jrreeii. (xreenlee, Jlolmes, Howard, Johnston, McDowell 
 of Burke, MeDuflie, McNeill of Cumberland, McNeill of llar- 
 7»ett, Miehal, Mitchell, Moseley, Rayuor, Jihodes, Ruflin, 
 Schouok, SeUier. 8niith of Halifa.x, vStrangP, Strong of Meck- 
 lenburg, Strong of Wayne, Tbonia.s of Carteret, ;ind Wil- 
 liams— *J-S, 
 
 NoEi^ — iVfessrs. Alli.-ion, Atkinson. Badger, liagley, Barnes. 
 J^\ liattle of Wake, Berry, liogle. Brown. Bry.soii, Cannon, Chriw- 
 tian, Dick, Donnell, Douthitt, Eller, Foster of Asho, Foster of 
 HandolpJi. Oilmer, Gmrell, Graham, Hcarne, Jlcadeu, Ilolden, 
 Joues of liowan, Joyce, Kelly, Kittrell, Leak of Anson, Leak 
 of llichmoHd, Tiind.say, Long, jiyon, Mann, Manning. Meares,. 
 Mebane, MyeiH, Royster, Siindern. Sattevthwaitt:, Smith of 
 Johnst<>n, Speed, .Starbuck, Tliompson, Thornton. AVarren. 
 Wa^hingtoJi. Williamson and Wilson — .")7. 
 
 ^ir, liayner moved to strike out al! oi' the ordinance ami 
 insert the following; 
 
 Hec^'hoi, That His E.xctjiioncy, Henry T. Clark, is, under 
 ihe constitution of this State, Governor of the State until th<' 
 first day of January, 18«io ; and that he is fully entitled and 
 authorizijd to perform all the functions and duties of Govornor, 
 and to receive the salary provided by law, of said office, until 
 the first day of Jnnunry. iSii:^ ;,i,rl x\nx{] his puccessor is elected 
 ;jud qualitied. 
 
 That the Secretary of this Convention be directed to delivof 
 a coi>y of the foregoing resolution to His Excellency, Henry T. 
 Clark, and that be be requested to signify to this Convention hifi 
 decision in regard to his exercising the functions of Governor, 
 until tho first day of January, 18(3o. 
 
 On mciion of Mr. Badger the rjuestion was divided, and the 
 vote ordered on ;-tnking out; .m which liie aves and noes were 
 5'i 
 
10 .T(>T'RNAL i>F 111^ \-\'\w Skbbion. 
 
 nidoied. '>n motion of MV. Battle. n[ VV;ikc. ;iud resulted in 
 the ne_ffativo, ap follows: 
 
 Ayj;s — Messrs. IJatehcIor, Battle of Edi^ccMnibe, Battle of 
 Nash, Bunting, Caldwell, Callowny, Ciinninghani. Dickson, Dur- 
 ham, EdwanU. Fuller, Green, Greci^lf^e, Holmes. Howard. 
 Johnston, Lyon. McDowell of Burke. McDuffie, McNeill of 
 Cumberland. McNeill of Harnett. Miehal, Mitchell, Moseley. 
 Bajner. Bhodes, R oyster, Euffin, Smith of Halifax, Strange. 
 Strong of Mecklonburff, Stronc; of Wayne, Thoina? of Carteret. 
 Thornton and AVilliajn.s — -l'). 
 
 NoE? — Messrs. Allison. Atkinson. Badger, Bagley. Barnes. 
 ^ Battle of "Wake, Berry, Bogle, Brown. Bryson, Cannon, Chns- 
 "^ tian, Dick. Donnell. Dbuthitt, Eller, Foster of A&be, Foster of 
 Randolph, Gilmer, Gorrell, Graham, ilearne, Head6n, Holden. 
 Houston, Jones of Itowan, Jojce, Kelly, Kittrell, Leak of 
 Anson, Tieak of Riclimond, Lindsa}''. Long. j\L'inn, ^Manning, 
 Meares, Mcbane, Myers, Sanders, Satterthwaite, Schenek, Smitli 
 of Johnston. Speed, Starbuck, Thompson, Warren, Washington. 
 AVilliarason and Wilson — 41'. 
 
 ]\Ir. Barnes moved to amend the 2d jine of the third section 
 by striking out the word "third,"' and inserting tbe word 
 '•fourth,' {ind it was agreed to, 
 
 Mr. lladger moved to amend by striking out the words " first 
 day," in the '^rd, 4th and r)th sections, respectively, a^id insert- 
 ing the words "second Monday," and it was agreed to. 
 
 Mr. Kuffin moved to amend the .')th sectR>n by provirling that 
 the term of the Governor sjiall continue until his successor shall 
 be qualified, and it was agreed to. 
 
 The question then recurred on the passage of the ordina.nce. 
 on which the ayes and noes were ordered, on motion of Mr. 
 Howard, and resulted in the affirmative, as follows : 
 
 Ayes — Messrs. Allison, Atkinson, Badger, Bagley, Barnes. 
 Batchclor, Battle of Edgecombe, Battle of Nash. Battle of 
 Wake, Berry, Bogle, Brown, Bryson, Bunting, Caldwell, Callo- 
 way, Cannon, Christian, Cunningham, Dick, Douthitt. Durham. 
 Eller, Foster of Ache, Foster of Randolph. Fuller, Gilmer, 
 Gorrell, Graham, Greenl(;e, Hargrove, Heurue, Headea, Hoi- 
 
1862.1 STATR 'CONVENTION. IT 
 
 den. Holmes, Jioubton, Howard, .lolmstuii, JoiK^i oC lluwun, 
 Joyce, Kelly, Kittiell, Leak of Ausou, Leak of Ivichniontl. 
 Lindsay, Long, Lyoii, Miinn, Manning, McDowell of Burke, 
 McDuffie, McNeill oi" Oumbeiland, McNeill of Harnett, Meares, 
 Mobunc, ^Lchal. Moseloy. Myers. Rhodes, Royster, Sunders. 
 Sattertbwaite, Sehenck, Set^ser, Smith of Halifax, Hpead, Star- 
 buek, JStrong of Mecklenburg, Strong of Wayne, Tlioaias of 
 Carteret, Thompson, Thornton, Warren. Wushingtou, William- 
 fion and Wilson — 70. 
 
 . Noes— Messrs. Dickson, Edwards, Gre«n, Mitchell, Ruttin. 
 Smith of Johnston, Strantje and Williams — 8. 
 
 On motion, the rules Avere suspended, the ordinance read the 
 third time ami passed, and ordered to be enrolled. 
 
 A uie&sage was received' ]5tiom His Excellency, the Governor 
 which enclosed a report from J. INL Worth, Salt Commissioner, 
 and. a letter from Prof. Emmons, in relation to the Salt AVell in 
 Chatham ^county, whicli were read, an<l ordered to lie on the 
 table and be printed. 
 
 Mr. Meares olfered the following'; 
 
 McMlved, That a committee be appointed to investigate into 
 the necessity of the ])urcliase of a burial ground for the soldiers 
 now in the service at an<l near this city, and that they report 
 by ordinance or otherwise. 
 
 The rules were suspended and the lesolutiou was adopted. 
 On motion of .AL. Badger, the Convention took up the ordi- 
 nance to exempt Quakers from military duty. 
 
 Mr. Gorrell oftered the following as a substitute : That mem- 
 bers of good standing in the Society of Friends, commonly 
 known as Quakers, who shall produce a regular certificate of 
 memberahip. shall be exempt from performing militia duty and 
 military service. 
 
 Mr. Howard moved to lay the subject on the table, on which 
 the ayes and noes were ordered, on motion of Mr. Thomas, of 
 Carteret, and resulted in the negative, as follows-: 
 
 AifKS—Messrs. Allison, Atkinsf»ii, Brown, Bryson, Buutiuir. 
 • Mnningha'u, Douthitt, Durham, Edwards. Eller, Eoster of 
 Ashe, Green, (n-eenlce, Hargrove. Hearne, Holmes, Howard, 
 
18 , JOURNAL OF THE [4Tn Session, 
 
 Johuston, Joyce, Leak of x\.Uf>on, Lindsay, J/yoii, McDowell of 
 Burke, McDuffie, McNeill of Cumberland. Michal, Moaeley, 
 Myers, Rayncr, Royster, Schenck, Setzer, Smith of Halifax, 
 ytrange, Strong of Mecklenburg. Thomps^on, Thornton, Wil- 
 liams nud AVilliamson — -^H. 
 
 NoES-j'Mesers. Badgci-. Bngley, Batchelor, Battle of Wake, 
 Berry, 'Bogle. Caldwell, Calloway, Cannon, Chrit^tian, Dick, 
 Dickson. Donuell, Foster of Randolph, Fuller, (TJlmor, Gt)rrell, 
 Graham. Headen, Ilolden, Houston, Jones of Rowans Kelly, 
 Kittrell, Leak of Richmond, Long, Mann, Manning, McNeill 
 of Harnett, Mebane, Rhodes, Ruffiu, Sanders, Satterthwaite, 
 Smith of Johnston, Speed, Starbuck, Strong of Wayne, Thomas 
 of Carteret, W^arren, Washington, and Wilson — 42. 
 
 Mr. Smith, of Halifax, moved to' amend as follows : "Which 
 exemption shall only extend to the bearing of arms." 
 
 On this queistion the ayes and noes were ordered, on motion 
 of Mr. McDuffie, and resulted in the negative, as follow'S : 
 
 Ayes — Messrs. Atkinson. Battle of Edgecombe, Bryson^ 
 Bunting, Cunningham, Durham, Foster of Ashe, Hargrove, 
 Hearne, Johnston, Joyce. Lyon, McDowell of Burke, McDuffie, 
 McNeill of Cumberland, McNeill of Harnett, Michal, Moseley, 
 Myers, Rayner, Ro^^ster. Schenck, Set7.er, Smith of Halifax. 
 Thompson and Williamson — 2»!. 
 
 NOE;^ — Messrs. Allison. Badger. Bagley, Batchelor, Battle of 
 Wake, Berry, Bogle, Caldwell, Calloway, Cannon, Christian, 
 Dick, Dickson, 'Donnell,~Douthitt, Eller, Foster of Randolph, 
 Fuller, Gilmer, Gorrell, Graham. Green, Greenlee, Headen, 
 Holden, Holmes, Houston, Jones of Rowan, Kelly, Kittrell, 
 Leak of Anson, Leak of Richmond, Lindsay, 'Long, Mann, 
 Manning, Mebane, Rhodes, Ruffin, Sanders, Satterthwaite, 
 Smith of Johnston, Speed. Starbuck, Strange, Strong of Wayne. 
 Thomas of Carteret, Thornton, Warren, Washington, Williams 
 and Wilson — b'i. 
 
 Mr. Schenck moved to amend by adding the words. " required 
 by the laws of this State." 
 
 Mr. Jones, of Rowan, moved an adjournment, on which mo- 
 tion the ayes and noes were ordered, on motion of Mr. Schenck. 
 and resulted in the affirmative, as follows : 
 
1862.] STATE CONATENTION. 19 
 
 Ayes — Messra. Allison, Atkinson, Barnes. Batchelor, Battle 
 of Wake, Bogle, Bryson, Bunting, Caldwell, Cunniugharo, 
 Douthitt, Durbaiu, Fuller, Greenlee, Hargrove, Holmes, How- 
 nr^, Jones of Rowan, Lindsay, Lyon, Mann, Manning, Mc- 
 Dowell of Burke, McDnflic, McNeill of Cumberland, McNeill 
 of Harnett, Miehal, Myers, Ilayner, Rhodes, Royster, Schenck, 
 Setzer, Smith of Halifax, Strange, Strong of Wayne, Thomp- 
 son, Thornton and Williams — 38. 
 
 Noes — Messi-a. Badger, Bagley, Berry, lirown, Calloway, 
 Cannon, Christian, Dick, Dickson, Donfiell, Foster of Ashe, 
 Foster of Randolph, Gilmer, Gorrell, Graham, Headen, Hou.s- 
 ton, Johnston, Joyce, Kelly, Kittrell, Leak of Anson, Leak of 
 Richmond, Long, Mebane, Mitchell, Moseley, Sanders, Satter- 
 thwaite, Smith of Johnston;' JM^ed, Starbuck, Strong of Meck- 
 lenburg, Thomas of Carteret, Vv'arren and Wilson — 36. 
 
 The Convention then adjourned until to-morrow morning, 10 
 o'clock. 
 
 IN CONVKNTiON, Monday, April 28, 1862. 
 
 The Convention met, the President in the chair. Prayer by 
 Rev. lienry Hardie, of the Presbyterian Church. 
 
 The journal of yesterday was read and approved. 
 
 The President announced the following committee on the sub- 
 ject of a burial ground for the soldiers, viz: Messrs. Meares, 
 Battle of Wake, Berry, Hoklen and Lyon. 
 
 Mr. Howard introduced an ordinance to amend an ordinance 
 to secure certain ofticer:^ and soldiers the right to vote, which 
 passed its lirst i-eadiug. 
 
 Mr. W^arren offered a resolution in regard to the assessment 
 and collection of taxes in certain counties, which was adopted 
 under a suspension of the rules. 
 
 By Mr. Schenck, a resolution i:: relation to the report of the 
 committee of the Confederate CongreSw*; in regard to the battle 
 of Roanoke I'^limd. which lie.s wov umo day, under the rule. 
 
20 TOU'KNAL OF THE [4th Ses{*iox, 
 
 Oil motion of Mr, Howard, the Convention took up the ordi- 
 nance amendatory of the ordinance to raise North Carolina's 
 quota of Confederate troops, on its second reading. 
 
 Mr. Smith, of Halifax, moved to amend section 1 by adding 
 the following: "And al.'iO to such conscript.^ as shall be called 
 into service by virtue of the act of Congress at the time they 
 are mustered into the Gonfederate service." 
 
 On motion of Mr. Badger, the ordinance and amendment 
 were T^eferreii to the committee on Military Aftairs. 
 
 Mr. (iiinier introduced an ordinance to complete ten brigades 
 and tender thein to the Xl^onfftdevate States, which passed its 
 first reading; 
 
 Mr. Strange moved that at half-past one o'clock the Conven- 
 tion sit with closed doors, whiG||i^as agreed to. 
 
 Mr. Leak, of Richmond, moved to take from the table the 
 resolution of Mr. Howard, relating to adjournment. 
 
 Mr. Badger moved to lay the motion on the table, jon which 
 the ayes and noes were ordered, on motion of Mr. Leak, of 
 Jlichmond, and resulted in the negative, as follows: 
 
 Ayes — Messrs. Allison, Badger, Barnes, Battle of Wake, 
 l'>ogle, Bryson, Calloway, Cannon, Christian, Dick, Douthitt, 
 Foster of Randolph, Gilmer, Graham, Green, Joyce, Kittrell, 
 Long, Mann, Manning, Mitchell, Phifer, Rhodes, Ruffin, Satter- 
 ihwaite, Spruill of Bertie, Starbuck and Wilson — 28. 
 
 Noes — Messrs. Atkinson, Bagley, Batclielor, Battle of Edge- 
 combo, Battle of Nash, Berry, Bunting, Dick.s'on, Durham, Ed- 
 wards, Hearne, Headen, Holmes, Houston, Howard, Jones of 
 Rowan, Kelly, Leak of, Anson, Leak of Richmond, Lindsay, 
 Lyon, McDowell of Burke, McDuliie, Meares, Michal, Moseley, 
 Rayner, Schenck, Setzer, Smith of Halifax, Smith of Johnston, 
 Strange, Strong of Mecklenburg, StJ'ong of Wayne, Thompson, 
 Thornton, AVilliamis, Williauisori tind Wooten — 40. 
 Mr. Graham called for the orders ^f the day.- 
 Mr, Leak, of Richmond, moved to postpone the special orders 
 until his motion be disposed of, on which the ayes and noes were 
 ordered, on his motion, and resulted in the n-eirative, as follows: 
 
1862.] .^TATE CONVENTrOX. 21 
 
 Ayes — Messrs. Atkinsoiij Biiglcy, Batclielor, IJattlc of Edge- 
 combe, Battle of ^aah, Hunting. Caldwell, Dickson, Durham,. 
 Edwards, Holmei^, 'Howard, Jones of IJownn, Kelly, Leak of 
 Anson, Leak of Hiclmioud, Lyon, McDowell of Burke, Me- 
 Duffie, McNeill uf Cumberland, Micbal, Moseley, |layner, 
 Schenck, Setzer, Smith of Halifax. Strange, Strong of Meck- 
 lenburg, Strono; of Woyne, Thompson, Thornton. ^Villinm?:. 
 Williamson and Wooten — o4. 
 
 Noes — Messrs. Allison, Badger. Barnes, Battle of AVake, 
 Berry, Bogle, Bryson, C;illoway, Cannon, T'hristian, Dick, Don- 
 nell, Doulliitt, Foster of Randolph, Gilmer, Graham, Green, 
 Hearne, Ileaden, lloldcn, Uouston, Joyce, Kittrell, Long, 
 Mann, Manning, Meares, Mitchell, IMiifer, Rhodes, Buffi n, Sat- 
 terthwaitc. Smith of Jojinston, Sjiruill of Bertie, Starhuck. 
 AVarrcu and Wilson — 37. 
 
 The Convention then proceeded to the consideration of the 
 special order, being the ordinance to exempt from military service, 
 members of the Society of Friends, the pen.ling (piestion being 
 on Mr. Schenck's amendment. 
 
 On this question the ayes atid noes were ordered, on motion 
 of Mr. Schenck, and resulted in the negative, as follows : 
 
 Ayes — Messrs. Bagley, Batchelor, Battle of Edgecombe, 
 Battle of Nash, JJunting, Caldwell, Durham, Holmes, Howard, 
 Leak of Anson, Leak of Bichmond, Lyon, McDowell of Burke. 
 !McDuffie, McNeill of Cumberla^id, Michqtl, Moseley, Myers, 
 Phifer, Rayncr, Schenck, Sefzcr, Smith of Halifax, Spruill of 
 Bertie, Strange, Strong of Mecklenburg, Strong of W^lyne. 
 Thompson, Thornton, Williams, Williamson and Wooten — o4. 
 
 Noes — Messrs. .Allison, Atkinson, Badger, Barnes, Battle oi' 
 Wake, Berry, Bryson, Calloway, Cannon, Christian, Dick, Dick-' 
 son, Donnell, Douthitt, Foster of Randolph, Gilmer, Graham, 
 Hearne, Headen, Holdeu, Houston,. Jones of Rowan, Joyce, 
 Kelly, Kittrell, Long, Mann, Manning, Meares, Rhodes, Ruf- 
 iin, Satterthwaitc, Smith of Johnston, Starbuck, Warren and 
 Wilson— 85. 
 
 Mr. Schenck then moved to amend as follow?: •' Frouidtn/, 
 That as an equivalent for such service they s^hall pay the sum 
 
2-2 JOURNAI. OK THE • [4x11 Skssi-on, 
 
 of one hundroil (lollars, and in ca.^c thev are unable to pay the 
 same, the Governor shall have power to deta^ them to assist ni 
 the manufacture of salt or to attend the hosp^Mls of the State." 
 
 Mr. llayner moved to amend the amendment by inserting 
 -after the word "dollars," the words " to be levied and collected 
 by the Sherifts of the several counties as' other State taxes;" 
 which was agreed to. 
 
 Mr. Barnes moved to amend by inserting after the word 
 '*• dollars," the words, "when called for by the proper authority," 
 which was agreed to. 
 
 The question then recurj'cd on tlic amendment as amended, 
 on which the ayes and noes were ordered, on motion of Air. 
 Badger, and resulted in the affirmative, as follows: 
 
 Ayes — Messrs. Atkinson, Bagley, Barnes, Battle of Nash, 
 Bryson, Bunting, Caldwell, Gannon, Douthitt, Durham, Ed- 
 wards, Hearne, Holmes, Howard, Joyce, Kittrell, Lindsay, 
 Lyon, McDowell of Burke, McDuffic, McNeill of Cumberland, 
 Michal, Mitchell, Moseley, Myers, Rayner, Scherck, Setzer, 
 Smith of Halifax, Strange. Strong of Mecklenburg, Strong 
 of Wayne, Thompson, Thornton. Williams, Williamson and 
 AVooten— 37. 
 
 No*ES — Messrs. Allison, Badger, Batchelor, Battle of Edge- 
 combe, Battle of Wake, Berry, Bogle. Calloway, Dick, Dick- 
 son, Donnell, Foster of Randolph, Gilmer, Graham, Headen, 
 Holden, Houston, Jones of Rowan, Kelly, Leak of Anson, 
 Leak of Richmond, l-ong, Mann, Phifer, Rhodes. Kuffin, Sat- 
 terthwaite, Spruill of Bertie, Starbuck, War]-cn and Wilson — ^3J. 
 
 On motion of Mr. Rayner, the amendment just adopted was 
 further amended, by the insertion of a provq^ion that the taxes 
 thereby collected shall be used for the general purposes of the 
 government. 
 
 The hour having arrived, the Convention proceeded to sit 
 with closed doors. 
 
 After some time spent in secret session, the doors were ugain 
 opened. ^ 
 
 Mr. Speed asked and obtained leave to have it stated on the 
 journal that had he been in his seat when tiie vote on Mr. 
 
1862.] STATE CONVENTION. 28 
 
 Scliciicks aincudiiicnt to the <v>Uiikcr oniiiiancc was taken, he 
 would have voted, in the negative. 
 
 On motion of Mr. Manning, leave of absence for the remain- 
 der of the week was granted to Mr. Battle, of "Wake. 
 
 Mr. Jones, of RoAvan, asked leave of absence for Mr. Fuller, 
 which the Convention refused to grant. 
 
 The President announced the following committee on the reso- 
 lution in regard to the assessment and collection of taxes in 
 certain counties : Messrs. Warren, Holmes, Satterthwaite, Can- 
 non, Dick, Spruill of Bertie, and Strong of Wayne. 
 
 On motion of Mr. Badger, the Convention adjourned until 10 
 o'clock to-morrow morning. 
 
 IN CONVENTION, Tuesday, April 29, 18G2. 
 
 The President took the chair and called the Convention to 
 order. Prayer by Rev. Dr. Mason, of the P. E. Church. 
 
 The journal of yesterday was read and approved. 
 
 The President announced the following committee on the 
 report of the Salt Commissioner, and the letter of Prof. Em- 
 mons : Messrs. Meares, Manning, Lindsay, Gilmer and Setzer. 
 
 Mr. Strange, from the select committee on the Governor's 
 message concerning the price of provisions, reported an ordinance 
 on that subject, and recommended its passage, and the same 
 passed the first reading. 
 
 The ordinance and communication were ordered to be printed. 
 
 Mr. Howard, from the committee on Military Affairs, report- 
 ed back the ordinance amendatory of an ordinance to raise 
 North Carolina's <juota of Confederate troops, with a substitute, 
 recommending its passage. 
 
 On his motion the rules were suspended, and the ordinance 
 was now considered, the question being on agreeing to the sub- 
 stitute. 
 
 Ou motion of Mr. Barnes, the further consideration of the 
 ordinance was postponed until Thurmlay next, and made the 
 special order for 12 o'clock of that day. 
 54 
 
24 JOURNAL OF THE [4th Session, 
 
 Mr. ]j:irlgcr introduced an ordinance for the better regulation 
 <)i' the city of Raleigh, which passed its first reading. 
 
 Mr. Howard offered the following : 
 
 Resolved, That the Governor be requested to inform the 
 Convention of the number of troops now in service at the ex- 
 pense of the State : whether the Confederate government is 
 receiving North Carolina's quota at the designated* camps of 
 instruction at its expense, and by it to be supplied and armed ; 
 and also whether the conscription act of Congress has yet been 
 made the subject of correspondence between the two governments. 
 
 On motion, the rulei? were suspended and the resolution was 
 adopted. 
 
 Mr. Barnes offered the following : 
 
 Jles^ohu'cL That a committee of three be appointed to prepare 
 a draft of the Constitution of this State, omitting such provis- 
 ions as are not now operative, and incorporating therein such 
 amendments as liave been heretofore adopted by the General 
 Asseml>ly and by this Convention, and report the same. 
 
 The resolution lies over one day. 
 
 Mr. Rayner introduced an ordinance to provide for the col- 
 lection of the tax on spirituous liquors manufactured and sold 
 in this State, imposed by an ordinance of this Convention, rati- 
 fied the 2nd day of February, 1S62, which passed the first 
 reading. On motion, the rules were suspended and the ordinance 
 road the second time, and amended so as to require its being 
 given in charge to the grand juries of the several counties, tlien 
 passed the second and third readings, and ordered to be enrolled. 
 
 Mr. Rayner offered a resolution authorizing the Comptroller 
 to have published three hundred copies of the ordinance just 
 passed and forward a copy to the Sheriff, Clerk of the County 
 Court, Chairman of the Court and ('ounty Solicitor, of each 
 county in the State. 
 
 The rules were suspended and the resolution was adopted. 
 
 The ordinance to exempt members of the Society of Friends 
 IVom the ])erfoimance of military duty, being the special order 
 of the day, was now taken up. 
 
1862.] STATE CONVENTION. 25 
 
 Mr. Leak, of Kichmond, moved to postpone the auinc, in order 
 to take up the resolution relating to adjournuient on which 
 motion the ayes and noes were ordered, and resulted in the negn- 
 tive by a tic vote, as follows : 
 
 xivES— Messrs. Atkinson, 13agley, Batehelor, Berry, iiuutin", 
 Caldwell, Darden, Dillard, Durham, Edwards, Greenlee, Fteaden, 
 Hearne, Holmes, Houston. Howard, Johnston. Jones of Rowan. 
 Leak of Anson, Leak of Richmond, McDowell of Burke Mc- 
 Neill of Cumberland, McNeill of Harnett, Michal, Moseley, 
 Rayner, Sanders, Schenck, Setzer, Smith of Halifax, Strange, 
 Strong of Mecklenburg, Strong of Wayne, Tliompson, Thorn- 
 ton, Williams, Williamson and Wooten — 38. 
 
 Noes — Messrs. Allison, Badger, ]5arnes, Bogle, Bryson, Cal- 
 loway, Cannon, Christian, Dickson, Donnell, Douthitt, Foster of 
 Randolph, Gilmer, Graham, Green, Holden, Jones of Caldwell, 
 Kelly, Kittrell, Lindsay, Long, Mann, Manning, Merritt, 
 Mitchell, Myers, Rhodes, Ruflin, Satterthwaite, Smith of John- 
 ston, Speed, Spruill of Bertie, Starbuck, Thomas of Carteret, 
 Warren, Washington and Wilson — 38. 
 
 Mr. Thompson moved to amend the ordinance under consid- 
 eration, by adding, that all persons claiming this exemption shall 
 not be entitled to vote at any of the elections established by 
 law. On this question the ayes and noes were ordered, on mo- 
 tion of Mr. Barnes, and resulted in the negative, as follows: 
 
 Ayes — Messrs. Battle of Nash, Caldwell, Johnston, McDowell 
 of Burke, McDuffie, McNeill of Cumberland, Setzer, Stroni' of 
 Mecklenburg, Thompson, Thornton and Williams — IL ' 
 
 Noes — Messrs. Allison, Atkinson, Badger, Bagley, Barnes 
 Batehelor, Battle of Edgecombe, Berry, Bogle, Bryson, Bunt- 
 ing, Calloway, Cannon, Christian, Darden, Dick, Dickson, Dil- 
 lard, Donnell, Douthitt, Durham, Edwards, Foster of Randolph, 
 Gilmer, Graham, Greenlee, Hearne, Headen, Holden, Holmes. 
 Houston, Howard, Jones of Caldwell, Jones of Rowan, Joyce, 
 Kelly, Kittrell, Leak of Anson, Leak of Richmond, Lindsay, 
 Long, :Mann, Manning, McNeill of Harnett, Merritt. Mitchefl. 
 Moseley, Myers, Rhodes, Riiflin, Sanders, Satterthwaite, Schenck, 
 Smith of Halifax, Smith of Johnston, Speed, Spruill of Bertie 
 
26 JOFRNAL OF THE [4th Session, 
 
 Spniill of TyrrtH, iStarbnck, Strong of Wayne, Thomas of Car- 
 teret, AVarren, Washington, Williamson, Wilson and Wooten — 66. 
 
 The ordinance then passed the second reading and was order- 
 ed to be printed. 
 
 The ordinance amending the Bill of Rights was taken up. 
 
 Mr. Leak, of Richmond, moved that it lie on the table, on 
 which motion he asked the ayes and noes, which being ordered, 
 resulted in the negative, as follows : 
 
 Ayes — Messrs. Atkinson, Bagley, Batchelor, Battle of Nash, 
 Bunting, Caldwell, Darden, Dickson, Dillard, Durham, Edwards, 
 Greenlee, Holmes, Howard, Johnston, Jones of Caldwell, Jones 
 of Rowan, Leak of Anson, Leak of Richmond, Lindsay, Mc- 
 Dowell of Burke, McDuffie, McNeill of Cumberland, Michal, 
 Moseley, Rayner, Schenck, Setzer, [Smith of Halifax, Strange, 
 Strong of Mecklenburg, Strong of Wayne, Thompson, Thorn- 
 ton, Washington, Williams, Williamson and Wooten — 38. 
 
 Noes — Messrs. Allison, Badger, Barnes, Berry, Bogle, Bry- 
 son, Calloway, Cannon, Christian, Dick, Donnell, Douthitt, 
 Foster of Randolph, Gilmer, Graham, Hearne, Headen, Hol- 
 den, Houston, Joyce, Kittrell, Long, Mann, Manning, McNeill 
 of Harnett, Merritt, Mitchell, Myers, Rhodes, Ruffin, Sanders, 
 Satterthwaite, Smith of Johnston, Spruill of Bertie, Starbuck, 
 Thomas of Carteret, Warren and Wilson — 39. 
 
 The ordinance was then read by sections. The Gth section 
 being read, Mr. Graham moved to amend so that it shall read, 
 "All elections, of whatsoever nature, ought to be free," which 
 was agreed to. 
 
 For the 7th section the committee recommend the following : 
 " That in all criminal prosecutions, every man has a right to be 
 informed of the accusation against him and to confront the ac- 
 cuser and witnesses with other testimony ; and shall not be 
 compelled to give evidence against himself; nor shall any person 
 be subject for the same offense, to be twice put in jeopardy of 
 life or limb;" and the amendment was agreed to. 
 
 The 9th section being read, Mr. Ruffin moved to amend by 
 striking out the word "heretofore," in the last line, and adding 
 the words "before and on the 17tb day of December, 1776," 
 which was agreed to. 
 
1862.] STATE CONVENTION. 27 
 
 The committee locommeiidecl in lieu of the 12tli, the follow- 
 ing : That rio free man ought to be taken, imprisoned or dis- 
 sieized of his freehold, liberties or privileges, or outlawed or 
 exiled, or in any manner destroyed or deprived of his life, lib- 
 erty or property, but by the law of the land ; nor shall right or 
 justice be sold, denied or delayed to any one ; nor shall private 
 property be taken for public use without just compensation : and 
 the amendment was adopted. 
 
 The ir>th section being read, Mr. Graham moved the follow- 
 ing in lieu thereof: That every citizen may freely speak, write 
 and publish his sentiments on all subject^, being responsible for 
 the abuse of that liberty ; and no law shall ever be passed to 
 curtail, abridge or restrain the liberty of speech or of the press. 
 
 On this question the ayes and noes were ordered," on motion 
 of Mr. Schenck, and resulted in the negative, as follows : 
 
 Ayes— Messrs. Allison, Bagley, Berry, Bogle, Bryson, Can- 
 non, Christian, Dick, Donnell, Gilmer, Graham, llearne, 
 Headen, Holden, Houston, ,Jones of Caldwell, Joyce, Long, 
 Meares, Rhodes, Sanders, Satterthwaite, Smith of Johnston, 
 Speed, Spruill of Tyrrell, Starbuck, Thomas of Carteret, and 
 Wilson— 28. 
 
 Noes — Messrs. Akinson, Badger, Barnes, Batchelor, Battle 
 of Edgecombe, Battle of Nash, Bunting, Caldwell, Calloway, 
 Darden, Dickson, Dillard, Douthitt, Durham, Edwards, Green- 
 lee, Holmes, Howard, Johnston, Jones of llowan, Kelly, Kit- 
 trell, Leak of Anson, Leak of Richmond, Manning, McDowell 
 of Burke, McDuffie, McNeill of Cumberland, McNeill of Har- 
 nett, Michal, Rayner, Rujffin, Schenck, Setzer, Smith of Hali- 
 fax, Strange, Strong of Mecklenburg, Strong of Wayne, Thomp- 
 son, Thornton, Warren, Williaiijs, Williamson and Wooten — 48. 
 
 Mr. Mitchell moved to amend by striking out the word "the," 
 in the first line, and insert the woVds "an honest," which was 
 not agreed to. 
 
 Mr. Ruffin moved to amend the 17th section by addinor as 
 follows : No soldier shall, in time of peace, be quartered in any 
 house, without the consent of the owner, nor in time of wnr, but 
 in a manner prescribed by law ; which was agreed t(n 
 
.28 JOURNAL OF THE [4th Session, 
 
 The remaining sections, except the 25th, having been read, 
 Mr. Kuffin moved that the Convention adjourn, but at the 
 request of Mr. Thompson, withdrew the motion. 
 
 Mr. Thompson then ofiered the following, by general consent : 
 Resolved^ That this Convention do, on Saturday next, at 2 
 o'clock, P. M., adjourn, subject to the call of the President ; 
 and in case of his death, of Messrs. Graham, Howard, Badger, 
 Smith of Halifax, and Rayner, or a majority of them, at any 
 time from now until the first day of November, 1862 ; and if 
 not thus called together by that time, that this Convention do 
 stand adjourned sine die, without further order. 
 The resolution lies over one day. 
 
 Then, on motion of Mr. Ruffin, the Convention adjourned 
 until 10 o'clock to-morrow morning. 
 
 IN CONVENTION, Wednesday, April SO, 1862. 
 
 The President called the Convention to order pursuant to 
 adjournment. Prayer by Rev. Thomas E. Skinner, of the 
 Baptist Church. 
 
 The journal of yesterday was read and approved. 
 
 Mr. McDowell, of Burke, introduced a resolution concerning 
 the county of Burke, which was adopted, under a suspension of 
 the rules, and ordered to be enrolled. 
 
 Mr. Thompson introduced an ordinance in regard to persons 
 confined within prison bounds, which passed the first reading. 
 
 The resolutions of Mr. Schenck in relation to Roanoke Island 
 were taken up, and agreed to, as follows : 
 
 Resolved, That the Convention of North Carolina has re- 
 ceived the report of the comtnittee of the House of Represen- 
 tatives of tlie Confederate States, raised for the purpose of 
 investigating the causes of the fall of Roanoke Island, on the 
 coast of North Carolina, with great pleasure, and that the Con- 
 vention is gratified to know that neither the officers, men, or 
 .inthorities of North Carolina are to 1)lamo for the unfortunate 
 result; and that the patriotism nnd valoi' of our troops has l)een 
 fully vindicated. 
 
1862.] STATE CONVENTION. 29 
 
 That ten copies of said report be printed for each inciuber of 
 this Convention. 
 
 Mr. Thompson's resolution relating to adjournment, introduced 
 on yesterday, was now taken up. 
 
 Mr. Graham moved that it lie on the table, on which the 
 ayes and noes were ordered, on motion of Mr. Thompson, and 
 resulted in the negative, as follows : 
 
 Ayes — Messrs. Allison, Armfield, Badger, Barnes, Berry, 
 Bryson, Calloway, Can'non, Christian, Dick, Donnell, Douthitt, 
 Eller, Foster of Randolph, Gilmer, Graham, Ileaden, Holden, 
 Jones of Caldwell, Joyce, Kittrell, Lindsay, Long, Mann, Man- 
 ning, McNeill of Harnett, Mitchell, Myers, Rhodes, Ruffin, 
 Satterthwaite, Spruill of Bertie, Starbuck, Thomas of Carteret, 
 Warren and Wilson — 38. 
 
 Noes — Messrs. Atkinson, Bagley, Batchelor, Battle of Nash, 
 Bunting, Caldwell, Dickson, Dillard, Durham, Edwards, Green- 
 lee, Hargrove, Hearnc, Holmes, Houston, Howard, Johnston, 
 Jones of Rowan, Kelly, Leak of Anson, Leak of Richmond, 
 McDowell of Burke, McDuffie, McNeill of Cumberland, Meares, 
 Michal, Miller, Moseley, Penland, Phifer, Rayner, Sanderc, 
 Schenck, Setzcr, Smith of Halifax, Smith of Johnston, Strange, 
 Strong of Mecklenburg, Strong of Wayne, Sutherland, Thomp- 
 son, Thornton, Washington, Williams, Williamson and Woo- 
 ten — 46. 
 
 At the suggestion of Mr. Batchelor, the word " Saturday " 
 was stricken out, and "Wednesday" inserted. 
 
 Mr. Barnes moved to strike out "Wednesday," and insert 
 "Monday, 12th of May," pending the consideration of which, 
 
 Mr. Graham called for the orders of the day. 
 
 Mr. Jones, of Rowan, moved to postpone the orders of the 
 day until the resolution under consideration shall be disposed 
 of, on which the ayes and noes were ordered, on his motion, 
 and resulted in the affirmative, as follows : 
 
 Ayes — Messrs. Atkinson. Bagley, Barnes, Batchelor, Battle 
 of Nash, Bunting, Caldwell, Dickson, Dillard, Durham, Ed- 
 wards, Greenlee, Hargrove, Hearne, Holmes, Houston, Howard, 
 Johnston, Jones of CaUlwoll, Jone.s of Rowan, Kelly, Leak of 
 
30 JOURNAL OF THE [4tii Session, 
 
 Ansou, Leak of Bichmoiid, McDowell of Burke, McDuffie, Mc- 
 Neill of Cumberland, McNeill of Harnett, Micbal, Miller, 
 Moseley, Penland, Phifer, Ilayner, Sanders, Schenck, Setzer, 
 Smith of Halifax, Smith of Johnston, Strange, Strong of Meck- 
 lenburg, Strong of Wayne, Sutherland, Thompson, Thornton, 
 AVasliington, Williams, Williamson and Wootcn — 18. 
 
 Noes — Messrs. Allison, Armfield, Badger, Berry, Bogle, 
 Bryson. Callo^Yay, Cannon, Christian, Dick, Donnell, Douthitt, 
 Eller, Foster of Randolph, Gilmer, Graham. Green, Headen, 
 Holden, Joyce, Kittrell, Lindsay, Long, Mann, Manning, Meares, 
 ^Mitchell, Myers, Rhodes, Ruffin, Satterthwaite, Smith of Ma- 
 con, Speed, Spruill of Bertie, Starbuck, Thomas of Carteret, 
 Warren and Wilson — 38. 
 
 The question recurred on the amendment offered liy Mr. 
 Barnes, and it \yas agreed to. 
 
 Mr. McDuffie moved to amend by providing that when the 
 Convention adjoui'n it adjourn sine die, on which the ayes and 
 noes were ordered, on motion of Mr. Barnes, and resulted in 
 the negative, as follows : 
 
 AvEF — Messrs. Battle of Nash, Caldwell, Durham, Hargrove, 
 jMcDowell of Burke, McDuffie, Moseley and Penland — 8. 
 
 Noes — Messrs. Allison, Armfield, Atkinson, Badger, Bagley, 
 Barnes, Batchelor, Berry, Bogle, Bunting, Calloway, Cannon, 
 Christian, Dick, Dickson, Dillard, Donnell, Douthitt, Edwards, 
 Eller, Foster of Randolph, Gilmer, Graham, Green, Greenlee, 
 Hearne, Headen, Holden, Holmes, Houston, Howard, Johnston, 
 Jones of Caldwell, Jones of Rowan, Joyce, Kelly, Kittrell, 
 Leak of Anson, Leak of Richmond, Long, Mann, Manning, 
 McNeill of Cumberland, McNeill of Harnett, Meares, Merritt, 
 Miclial, Miller, Mitclioll, Myers, Phifer, Rayjicr, Rhodes, Ruffin, 
 Sanders, Satterthwaite, Schenck, Setzer, Smith of Halifax, 
 Smith of Johnston, Smith of Macon, Speed, Spruill of Bertie, 
 Starbuck, Strange. St)-ong of Mecklenburg, Strong of Wayne, 
 Sutherland, Thomas of Carteret, Tliompson, Thornton, Warren, 
 Washington, Williams, Williamson, Wilson and AVootcn — 78. 
 
 Mr. Spruill, of Bertie, moved to postpone the further con- 
 sideration of the subject until the l-th day of May, ou which 
 
^^w^ 
 
 1862.] STATE CONVENTION. 31 
 
 the ayes and noes were ordered, and resulted in the negative, as 
 follows : 
 
 Aye.^ — Messrs. Allison, Armficld, Christian, Dick, Donnell, 
 Douthitt, Fester of Randolph, Gilmer, Graham, Ileaden, IIol- 
 den, Joyce, KittrcU, Mann, Manning, Merritt, Sattorthwaite, 
 Smith of Macon, Spruill of Bertie, Starbuck, Thomas of Car- 
 teret, Warren and Wilson — 23. 
 
 Noes — Messrs. Atkinson, Badger, Baglcy, Barnes, Batche- 
 lor. Battle of Nash, Berry, Bogle, Bryson, Bunting, Caldwell, 
 Calloway, Cannon, Dillard, Durham, Edwards, Eller, Foster of 
 Ashe, Green, Greenlee, Hargrove, Ilearne, Holmes, Houston, 
 Howard, Johnston, Jones of Caldwell, Jones of Rowan, Kelly, 
 Leak of Anson, Leak of Richmond, Long, McDowell of Burke, 
 McDuffie, McNeill of Cumberland, McNeill of Harnett, Meares, 
 Michal, Miller, Mitchell, Mosclcy, Pcnland, Phifer, Rayner, 
 Rhodes, RuflSn, Sanders, Schenck, Setzer, Smith of Halifax, 
 Smith of Johnston, Speed, Strange, Strong of Mecklenburg, 
 Strong of Wayne, Sutherland, Thompson, Thornton, Washing- 
 ton, Williams, Williamson and Wooten — 62. 
 
 Mr. Leak, of Richmond, offere(i a substitute providing for an 
 adjournment on the 10th of May, subject to the call of the 
 President or five named delegates, in case of emergency ; and 
 in case no emergency shall arise sooner, then to re-assemble at 
 ■the close of the war and finish the business of amending the 
 Constitution. 
 
 On this question the ayes and noes were ordered, on motion 
 of Mr. Howard, and resulted in the negative, as follows : 
 
 Ayes — Messrs. Allison, Atkinson, Berry, Bogle, Bryson, 
 Cannon, Christian, Dick, Douthitt, Eller, Foster of Randolph, 
 Gilmer, Graham, Heaine, Leak of Richmond, Long, McNeill of 
 Cumberland, Penland, Smith of Macon, Starbuck and Wil- 
 son— 2L 
 
 Noes — Messrs. Armfield, Badger, Barnes, Battle of Edge- 
 combe, Bunting, Caldwell, Calloway, Dickson, Dillard, Donnell, 
 Durham, Foster of Ashe, Green, Greenlee, Hargrove, Ueaden, 
 Holden, Holmes, Howard, Johnston, Jones of Caldwell, Jones 
 of Rowan, Joyce, Kelly, Leak of Anson, Mann, Manning. 
 55 
 
32 JOURNAL OF THE [4th Session, 
 
 McDowell of Burke, McDuffie, McNeill of Harnett, Merritt, 
 Michal, Mitchell, Moseloy, Phifer. Rayner, Rhodes, Ruffin, 
 Sanders, Satterthwaite, Schenck, Setzcr, Smith of Halifax, 
 Smith of Johnston, Speed, Spruill of Bertie, Strange, Strong 
 of Mecklenburg, Strong of Wayne, Sutherland, Thompson, 
 Thornton, Warren, Williams, Williamson and Wooteu — 57. 
 
 The question now recurred on the resolution as amended, on 
 which the ayes and noes were ordered, on motion of Mr. Schenck, 
 and resulted in the affirmative, as follows : 
 
 Ayes — Messrs. Atkinson, Badger, Bagley, Barnes, Batchelor, 
 Battle of Nash, Bunting, Caldwell, Christian, Dickson, Dillard, 
 Durham, Edwards, Foster of Ashe, Green, Greenlee, Hargrove, 
 Holmes, Houston, Howard, Johnston, Jones of Caldwell, Jones 
 of Rowan, Leak of Anson, McDowell of Burke, McDuffie, 
 McNeill of Cumberland, McNeill of Harnett, Michal, Miller, 
 Mitchell, Moseley, Penland, Phifer, Rayner, Sanders, Schenck, 
 Setzer, Smith of Halifax, Smith of Johnston, Strange, Strong 
 of Mecklenburg, Strong of AVayna, Sutherland, Thompson, 
 Thornton, Williams, Williamson and Wooten — 49. 
 
 Noes — Messrs. Allison, Armfield, Berry, Bogle, Bryson, 
 Calloway, Cannon, Dick, Donnell, Douthitt, Eller, Foster of 
 Randolph, Gilmer, Graham, Hearne, Headen, Hoi den, Joyce, 
 Kelly, Leak of Richmond, Long, Mann, Manning, -Merritt, 
 Ruffin, Satterthwaite, Smith of Macon, Speed, Spruill of Bertie, 
 Starbuck, Thomas of Carteret, Warren and AVilson — 33. 
 
 Mr. Rayner presented a communication from the Public 
 Treasurer, which, without being read, was ordered to lie on the 
 table. 
 
 On motion of Mr. Badger, the Convention adjourned until 
 to-morrow morning 10 o'clock. 
 
 IN CONVENTION, Thursday, May 1, 1862. 
 The Convention met, the President in the chair. 
 The journal of yesterday was read and approved. 
 
1862.] STATE CONVENTION. S8 
 
 The President laid before the Convention the resignation of 
 R. F. Armfield, delegate from the county of Yadkin, and the 
 same was accepted. 
 
 A message from the Governor in answer to a resolution of 
 inquiry in regard to the troops now in camp ; also a letter from 
 the Secretary of War, were received, and ordered to lie on the 
 table and be printed. 
 
 The communication of D. W. Courts, Public Treasurer, pre- 
 sented on yesterday, was read, ordered to be printed, and, on 
 motion, referred to the committee of Finance. 
 
 Mr. Manning, from the committee on the report of the Salt 
 Commissioner and the letter of Prof. Emmons, reported an 
 ordinance to amend the ordinance to provide for a supply of 
 salt, ratified during the second session of the Convention, which 
 passed its first reading. • 
 
 Mr. Myers gave notice of an amendment he would offer at 
 the proper time, which was read for information and ordered to 
 be printed. 
 
 Mr. Warren, from the committee on that subject, reported an 
 ordinance for the collection of taxes in certain counties, which 
 passed its first reading. 
 
 Mr. Michal oftered a resolution asking information of the Ad- 
 jutant General in relation to the number of troops now and 
 heretofore in the service of the State, and the number furnished 
 by each county respectively. 
 
 On moti\)n, the rules were suspended, and the resolution 
 ad-reed to. 
 
 Mr. AVashington introduced an ordinance to hmit the growth 
 of cotton and tobacco, which passed the first reading. 
 
 Mr. Smith, of Macon, from the committee on Enrollments, 
 reported as correctly enrolled, " A resolution concerning the 
 county of Burke," which was duly ratified. 
 
 Mr. Rayner offered a series of resolutions in relation to the 
 order of business and the sessions of the Convention, and moved 
 to suspend the rules and put the same on the passage now. On 
 this motion the ayes and noes were ordered, on motion of Mr. 
 Smith, of Johnston, and resulted in the affirmative, as follows : 
 
U JOURNAL OF THE [4Tn Session, 
 
 Ayes — Messrs. Allison, Atkinson, Berry, Bogle, Brovrn, Bry- 
 son, Caldwell, Calloway. Cannon, Christian, Dick, Dillard, 
 DoutMtt, Durham, Ellcr, Foster of Ashe, Foster of Randolph, 
 Gilmer, Gorrell, Graham, Green, Hamlin, Hearne, Headen, 
 Holden, Houston, Jones of Caldwell, Joyce, Kelly, Kittrell, 
 Leak of Anson, Leak of Richmond, Long, Mann, Manning, 
 Merritt, Michal, Miller, Myers, Penland, Phifer, Rayner, 
 Rhodes, Ruflin, Sanders, Satterthwaite, Shipp, Smith of John- 
 ston, Smith of Macon, Speed, Spruill of Bertie, Starhuck, 
 Strong of Mecklenburg, "Warren, WiUiamson and Wilson — 56. 
 
 Noes — Messrs. Bagley, Barnes, Batchelor, Battle of Edge- 
 combe, Battle of Nash, Bunting, Dickson, Donnell, Edwards, 
 Greenlee, Howard, Johnston, Jones of Rowan, Lindsay, Mc- 
 Dowell of Burke, McDuffie, McNeill of Cumberland, Royster, 
 Schenck, Setzer, Strange, Strong of Wayne, Sutherland, Thomp- 
 son, Thornton and Wooten — 26. 
 
 Mr. Howard then moved to amend the resolutions by provid- 
 ing that ordinances and resolutions which do not relate to a 
 change of the Constitution shall be first considered, on which 
 the ayes and noes were ordered, on motion of Mr. Howard, and 
 resulted in the negative, as follows : 
 
 Ayes — Messrs. Bagley, Batchelor, Battle of Edgecombe, 
 Battle of Nash, Brown, Bunting, Caldwell, Dickson, Dillard, 
 Durham, Edwards, Howard, Johnston. Jones of Rowan, Leak 
 of Anson, Leak of Richmond, Lindsay, McDowell of Burke, 
 McDuffie, McNeill of Cumberland, Miller, Royster, Schenck, 
 Setzer, Smith of Halifax, Strange, Strong of Mecklenburg, 
 Strong of Wayne, Sutherland, Thoippson, Thornton, Washing- 
 ton, Williamson and Wooten — 34. 
 
 Noes — Messrs. Allison, Atkinson, Badger, Barnes, Berry, 
 Bogle, Bryson, Calloway, Cannon, Christian, Dick, Douthitt, 
 Eller, Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, 
 Graham, Green, Hamlin, Hearne, Holden, Jones of Caldwell, 
 Joyce, Kelly, Kittrell, Long, Mann, Manning, Merritt, Michal, 
 Myers, Penland, Phifer, Rayner, Rhodes, Ruffin, Sanders, Sat- 
 terthwaite, Shipp, Smith of Johnston, Smith of Macon, Speed, 
 Spruill of Bertie, Starbuck, Warren and Wilson— 47. 
 
1862.] STATE CONVENTION. 35 
 
 Mr. Badger moved to lay the resolutions on the table, on 
 which the ayes and noes were ordered, on his motion, and re- 
 sulted in the negative, a.s follows : 
 
 Ayes — Messrs. Badger, Bagley, Batchclor, Battle of Edge- 
 combe, Battle of Nash, Bunting, Caldwell, Dickson, Dillard, 
 Donnell, Durham, Edwards, Greenlee, Howard, Johnston, Jones 
 of Rowan, Lindsay, McDowell of Burke, McDuffie, Miller, 
 Royster, Schenck, Smith of Halifax, Strange, Strong of Meck- 
 lenburg, Strong of Wayne, Sutherland, Thompson, Thornton 
 and Wooten — 31. 
 
 Noes — Messrs. Allison, Atkinson, Barnes, Berry, Bogle, 
 Brown, Bryson, Calloway, Cannon, Christian, Dick, Douthitt, 
 EUer, Fo,>^ter of Ashe, Foster of Randolph, Gilmer, Gorrell, 
 Graham, Green, Hamlin, Hearne, Headen, Holden, Jones of 
 Caldwell, Joyce, Kittrell, Leak of Anson, Leak of Richmond, 
 Long, Mann, Manning, Merritt, Michal, Myers, Penland, Phifer, 
 Rayner, Rhodes, Ruffin, Sanders, Satterthwaite, Shipp, Smith 
 of Johnston, Smith of Macon, Speed, Spruill of Bertie, Star- 
 buck, Williamson and Wilson— 49. 
 
 Mr. Strange moved to strike out all that part relating to the 
 order of business, and insert : That no alterations or amend- 
 ments of the Constitution shall be considered or acted upon at 
 this session of the Convention. 
 
 On this question the ayes and noes were ordered, on motion 
 of Mr. Schenck, and resulted in the negative, as follows : 
 
 Ayes — Messrs. Bagley, Batchelor, Battle of Nash, Brown, 
 Bunting, Caldwell, Dickson, Dillard, Durham, Edwards, Green- 
 lee, Howard, Johnston, Jones of Rowan,' Leak of Anson, Leak 
 of Richmond, Lindsay, McDowell of Burko, McDuffie, McNeill 
 of Cumberland, Miller, Royster, Schenck, Setzer, Smith of 
 Halifax, Strange, Strong of Mecklenburg, Strong of Wayne, 
 Sutherland, Thompson, Thornton, Washington, Williamson and 
 Wooten— 34. 
 
 Noes— Messrs. Allison, Atkinson, Badger, Barnes, Berrv, 
 Bogle, Bryson, Calloway, Cannon, Christian, Dick, Donnefl, 
 Douthitt, Eller, Foster of Ashe, Foster of Randolph, Gilmer, 
 Gorrell, Graham, HamJin, Hearne, Headen, Holden, Houston 
 
36 JOURNAL OF THE [4th Session, 
 
 Jones of Caldwell. Joyce, Kelly, Kittrell, Long, Mann, Man- 
 ning, jNIerritt, Michal, Mitchell, Myers, Penland, Phifer, Ray- 
 ner, Rhodes, Ruffin, Sanders, Sattertliwaite, Shipp, Sraitli of 
 Johnston, Smith of Macon, Speed, Spruill of Bertie, Starbuck, 
 Warren and "Wilson — 50. 
 
 Mr. Badger moved to amend by striking out the ^yords " ten 
 minutes," and inserting "fifteen minutes," and it was not 
 agreed to. 
 
 He then moved to strike out all that part of the resolutions 
 which restricts the speeches of members, on w;hich tli^ ayes and 
 noes were ordered, on his motion, and resulted the -negative, as 
 follows : 
 
 Ayes — Messrs. Badger, Barnes, Battle of Edgecombe, Bunt- 
 ing, Donnell, Kittrell, McDuffie, McNeill of Cumberland, Mitch- 
 ell, Royster, RufFm, Strange, Strong of Wayne, Sutherland, 
 Thornton, Warren, Washington and Wooten — 18. 
 
 Noes — Messrs. Allison, Atkinson, Bagley, Batchelor, Battle 
 of Nash, Berry, Bogle, Brown, Bryson, CjildweJl, Calloway, 
 Cannon, Christian, Dick, Dickson, Dillard, Douthitt, Durham, 
 Edwards, Eller, Foster of Ashe, Foster of Randolph, Gilnjer, 
 Gorrell, Graham, Green, Greenlee, Hamlin, Hearne, Headen, 
 Hoi den, Jones of Caldwell, Jones of Rowdn, Joyce, Kelly, 
 Leak of Anson, Leak of Richmond, Lindsay, Long, Mann, 
 Manning, McDowell of Burke, Merritt, Michal, Miller, Myers, 
 Penland, Rayner, Rhodes, Sanders, Satterthwaite, Sclienck, 
 Setzor, Shipp, Smiih of Halifax, Smith of Johnston, Smith of 
 Macon, Speed, Spruill of BertiCj Starbuck, Strong of Mecklen- 
 burg, and Wilson — 72. 
 
 Mr. Barnes moved to strike out that part which provides for 
 night sessions and insert a provision that the afternoon session 
 shall begin at 4 and end at 8 o'clock, P. M. 
 
 Mr. Rayner asked a division of the question, and the vote 
 being taken on striking out was decided in the negative. 
 
 Mr. Caldwell moved to postpone the subject indefinitely, on 
 which the ayes and noes Avere were ordered, on liis motion, and 
 resulted in the negative, as follows : 
 
1862.] STATE CONVENTION. 37 
 
 AYi^ti~Mcssrs. Batchclor, Battle of Edgecombe, Battle of 
 Nash, Bunting, Caldwell, Dickson, Dillard, Donnell, Edwards, 
 Greenlee, Ho^Yard, Jolinston, Jones of Rowan, Leak of Anson, 
 Leak of RicUmond, McDowell of Burke, McNeill of Cumber- 
 land, Roystcr, Schenck, Sotzer, Smith of Halifax, Strange, 
 Strong of i\Iecklenburg, Strong of Wayne, Sutherland, Thomp- 
 son, Thornton and Wooten — 28. 
 
 Noes — Messrs. Allison, Atkinson, Badger, Bagley, Barnes, 
 Berry, Bogle, Bryson, Calloway, Cannon, Christian, Dick, 
 Douthitt, Eller, Foster of Ashe, Foster of Randolph, Gilmer, 
 Gorrcll, Graham, Green, Hamlin, Hearne, Hcaden, Holden, 
 Houston, Jones of Caldwell, Joyce, Kelly, Kittrell, Lindsay, 
 Long, Mann, Manning, Merritt, Miclial, Miller, Mitchell, BIyers, 
 renland,Phifer, Rayner, Rhodes, Rufiin, Sanders, Satterthwaite, 
 Shipp, Smith of Johnston, Smith of Macon, Speed, Spruill of 
 Bertie, Starbuck, AVarren, Washington and Wilson — 54. 
 
 The qrders'of the day being called for, Mr. Rayner moved* to 
 postpone the same until the pending question be disposed of, on 
 which the ayes and noes were ordered, on motion of Mr. Schenck, 
 and resulted in the affirmative, as follows: 
 
 Ayes — Messrs. Allison, Atkinson, Barnes, Berry, Bogle, 
 Bryson, Calloway, Cannon, Christian, Dick, Douthitt, Eller, 
 Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, Graham, 
 Green, Hamlin, Headen, Hearne, Holden, Houston, Jones of 
 Caldwell, Joyce, Kelly, Kittrell, Long, Mann, Manning, Merritt, 
 Michal, Mitchell, Myers, Penland, Phifer, Rayner, Rhodes, 
 Ruffin, Sanders, Satterthwaite, Shipp, Smith of Johnston, Smith 
 of Macon, Speed, Spruill of Bertie, Starbuck, Warren, Wash- 
 ington and Wilson — 51. 
 
 Noes — Messrs. Bagley, Batchclor, Battle of Nash, Brown, 
 Bunting, Caldwell, Dickson, Dillard, Donnell, Durham, Ed- 
 wards, Greenlee, Howard, Johnston, Jones of Rowan, Leak of 
 Richmond, McDowell of Burke, McNeill of Cumberland, Mil- 
 ler, Royster, Schenck, Setzer, Smith of Halifax, Strange, 
 Strong of Mecklenburg, Strong of Wayne, Sutherland, Thomp- 
 .son, Thornton, Wilhamson and Wooten — 3L 
 
38 JOURNAL OF THE [4tii Session, 
 
 The question recurred on the adoption of the resolutions, on 
 which the ayes and noes were ordered, on motion of Mr. Schcnck, 
 and resulted in the affirmative, as follows :' 
 
 Ayes — Messrs. Allison, Atkinson, Badger, Eagley, Berry, 
 Bogle, Bryson, Calloway, Cannon, Christian, Dick, Douthitt, 
 Durham, Eller, Foster of Ashe, Foster of Randolph, Gilmer, 
 Gorrell, Graham, Green, Hamlin, Hearne, Headen, Holden, 
 Houston, Jones of Caldwell, Joyce, Kelly, Kittrell, Lindsay, 
 Long, Manning, Merritt, Michal, Miller, Mitchell, Myers, Pen- 
 land, Phifer, Rayner, Ruffin, Sanders, Satterthwaite, Shipp, 
 Smith of Halifax, Smith of Johnston, Smith of Macon, Speed, 
 Spruill of Bertie, Starbuck, Washington, Williamson and Wil- 
 son — 58. 
 
 Noes — Messrs. Barnes, Batchelor, Battle of Edgecombe, 
 Battle of Nash, Brown, Bunting, Caldwell, Dickson, Dillard, 
 Donnell, Edwards, Greenlee, Howard, Johnston, Jones of Rowan, 
 Leak of Anson, Leak of Richmond, McDowell of Burke, Mc- 
 Neill of Cumberland, Royster, Schenck, Setzer, Strange, Strong 
 of Mecklenburg, Strong of Wayne, Sutherland, Thompson, 
 Thornton and Wootcn — 29. 
 
 Mr. Badger moved to reconsider the vote by which the reso- 
 lutions were agreed to, and the motion did not prevail. 
 
 The ordinance amending the Bill of Rights was taken up, the 
 question being on the 25th section, which the committee recom- 
 mended should be stricken out. 
 
 After considerable discussion, the report of the committee 
 was concurred in. 
 
 Mr. Graham moved to insert, in lieu of the section just 
 stricken out, the following: "The jurisdiction of the State of 
 North Carolina shall extend over all the territory now and 
 recently in her possession ; the Atlantic Ocean being on the East ; 
 the State of Virginia on the North ; Tennessee on the West ; and 
 Georgia and South Carolina on the Sc»uth ; her lines of separation 
 from these several States being those established and recog- 
 nized by surveys made under the British or Provincial authority, 
 during her colonial condition, and under compacts of limits 
 with the said several co-terminous States since her independence. 
 
1862.] STATE CONVENTION. 39 
 
 The amendment was not agreed to. 
 
 The question was then put and the ordinanee passed its 
 second reading. 
 
 On motion of Mr. Speed, the Convention took up the ordit 
 nance to pay Rev. Maurice II. Vaughan for services as chap- 
 hiin at Roanoke Island. 
 
 After some discussion the ordinance passed the second read- 
 ing. The rules were suspended, the ordinance read the third 
 time and passed, and ordered to be enrolled. 
 
 On motion of Mr. Badger, the resolutions heretofore laid on 
 the table by him, but not read, were taken up for consideration. 
 
 Pending the consideration thereof, the hour arrived, and the 
 Convention took a recess until 4 o'clock. 
 
 4 O'clock, P. M. 
 
 The Convention proceeded to the consideration of Mr. Bad- 
 ger's resolutions, which are as follows : 
 
 Resolved, That this Convention has seen, with great pleasure, 
 a proclamation by his Excellency, the Governor, rebuking a 
 recent unconstitutional movement towards disarming the people ; 
 that the same is, in language and conception, worthy the Chief 
 Magistrate of a free State ; and that the Governor is entitled 
 to the support as well as approval of the people and all the 
 authorities of the State in the position taken by him in behalf 
 of North Carolina. 
 
 And further : Whereas this Convention has heard that citizens 
 of this State, unconnected with the army, have been seized by 
 military authority, forcibly transported'beyond its bounds, and 
 are now held in close prison in another State ; and particularly, 
 whereas, one Isaiah Respass, of the county of Beaufort, in this 
 State, hath been so seized and transported, and is now, as is 
 commonly believed, so detained at Richmond, in the State of 
 Virginia ; and, whereas, said Respass, nor any other citizen of 
 this State, in like case, is, in any manner subject or liable ta 
 be held or tried by any military authority, but, on the contrary, 
 5G 
 
40 JOURNAL OF THE [4tii Session,, 
 
 he and they are, by express provisions of the Confederate and 
 of the State Constitutions, amenable only to civil tribunals, 
 and have a right to a hearing and trial before the courts of the 
 Confederacy or of the State, according to the nature of the 
 offense "with which they stand charged— such trial to be had in 
 open court, according to due course of law; and, whereas, it is 
 the duty of the State to protect from unlaAvful violence, as far 
 as possible, every one of her citizens, and to insure to each a 
 fair trial in a lawful court having jurisdiction of his case; 
 therefore, 
 
 Resolved, That His Excellency, the Governor, be requested 
 by this Convention, if he shall be satisfied of the facts herein 
 stated, immediately to demand of the authorities at Richmond, 
 the return to this State of the said Isaiah Respass, and other 
 citizens confined as aforesaid, in order that he and they be 
 delivered over to the civil authority here, either of this State 
 or of the Confederate States, for examination,- and, if sufficient 
 cause appear, for commitment and trial, so that, if innocent of 
 the matters laid to their charge, they may be acquitted, or, if 
 guilty, be convicted and punished by due course of law. 
 
 After considerable time spent in the discussion of the reso- 
 lutions. 
 
 Mr. Schenck moved an adjournment, on which the ayes and 
 noes were ordered, on motion of Mr. Smith, of Johnston, and 
 resulted in the negative, as follows : 
 
 Ayes — Messrs. Battle of Nash, Bunting, Caldwell, Dickson, 
 Durham, Edwards, Howard, Johnston, McDowell of Burke, 
 McNeill of Cumberland, Penland, Rhodes, Ro3'ster, Schenck, 
 Setzer, Strange, Strong of Mecklenburg, Strong of Wayne, 
 Sutherland, Thompson and Thornton — 21. 
 
 Noes — Messrs. Allison, Atkinson, Badger, Bagley, Barnes, 
 Batchelor, Berr}^ Bryson, Calloway, Cannon, Christian, Cun- 
 ningham, Dillard, Douthitt, Eller, Foster of Ashe, Foster of 
 Randolph, Gilmer, Graham, Green, Hamlin, Hearne, Headen, 
 Jones of Caldwell, Jones of Rowan, Joyce, Kelly, Kittrell, 
 Leak of Anson, Leak of Richmond, Long, Mann, Manning, 
 Merritt, Mitchell, Phifer, Sanders, Satterthwaite, Smith of 
 
1862.] STATE CONVENTION. 41 
 
 Halifax, Smith of Johnston, Smith of Macon, Speed, Spi;uill 
 of Bertie, Starbuck, Warren, Williamson and Wilson — 47. "" 
 The resolutions were still further considered, when, 
 On motion of Mr. Badger, the Convention adjourned. 
 
 IN CONVENTION, Fhiday, iMay 2, 1862. 
 
 The President called the Convention to order. 
 
 The journal of yesterday -was read and approved. 
 
 Mr. Smith, of Macon, from the committee on Enrollments, 
 reported as correctly enrolled , the following ordinances and 
 resolutions : 
 
 An ordinance concerning the election of Governor ;. 
 
 An ordinance for the relief of the Banks of the State; 
 
 An ordinance to provide for the collection of the tax on spir- 
 ituous liquors manufactured and sold within this State, imposed 
 by an ordinance of the Convention, ratified the 21st day of 
 February, 1862 ; 
 
 A resolution to authorize the Comptroller to have printed 
 and distributed to certain county officers copies of the ordinance 
 to provide for the collection of the tax on spirituous liquors, as 
 amended, which were severally duly ratified in open Convention. 
 
 On motion of Mr. Dick, the President was il\structed to issue 
 a writ of election to the SheriflF of Yadkin county, on the 22d day 
 of May, instant, to fill the vacancy occasioned by the resigna- 
 tion of R. F. Armfield. 
 
 Mr. Baglcy offered a resolution to raise a committee to in- 
 quire into the facts connected with the burning of the schooner, 
 Jennie Hunter, laden with corn, bacon, &c., by order of Col. 
 Clarke, commanding the Department of Roanoke. 
 
 On motion, the rules were suspended and the resolution adopted, 
 
 Mr. Battle, of Nash, introduced an ordinance to provide for 
 the collection of taxes, and for nthcM- purposes, which passed 
 the first reading. On motion, the rules were suspended and 
 the ordinance read the second time, :ind after consideration, 
 was postponed until to-morrow. 
 
42 JOURNAL OF THE [4th Session, 
 
 On motion of Mr. Hoyrard, the Convention proceeded to th« 
 consideration of the ordinance to amend the ordinance to secure 
 to certain officers and soldiers the right to vote. 
 
 Mr. Howard moved to amend as follows : And in case the 
 polls cannot be conveniently opened on that day, then on the 
 first convenient day of the following week, which was agreed to. 
 Mr. Graham moved the following substitute : That the time 
 of making returns of all elections held among the soldiers 
 of this State, without the limits of the counties in which they 
 reside, shall be extended for three weeks from the day of hold- 
 ing^said elections ; and the several Sheriffs of counties shall 
 not make up their returns of the result of any election until 
 the receipt of the returns of the vote of soldiers, provided they 
 be received within that time ; and provided further, that in the 
 election of Governor, the time may be extended to four weeks, 
 if the returns to the Sheriffs shall not be earlier made. 
 
 Mr. Kittrell moved to amend the amendment as follows : And 
 that it shall be the duty of the Adjutant General of the State to 
 give the colonel of each regiment information of the day of 
 election ; and the amendment was agreed to. 
 
 Mr. Starbuck moved to amend the amendment as follows : 
 And if any officer or other person shall attempt, by threats, 
 falsehood, misrepresentation, or other undue means, to influence 
 any soldier in giving his vote, he shall forfeit and pay the sum 
 of five hundred dollars, to be collected in the name of the State, 
 one- half to the use of the informer and the other half to the 
 use of the State. 
 
 Mr. Barnes moved to refer the whole subject to a select com- 
 mittee. 
 
 The motion was agreed to, and the President appointed 
 Messrs. Barnes, Howard, Graham, Michal and Bunting. 
 
 The President laid before the Convention a communication 
 from the Adjutant General in reply to a resolution asking infor- 
 mation as to the number of troops from this State now in service, 
 &c., which, on motion of Mr. Kittrell, was referred to a special 
 committee, to constitute which, the President appointed the 
 following : Messrs. Kittrell, Cunningham, McDowell of Burke, 
 Osborne and Foster of Randolph. 
 
1862.] STATE CONVENTION. 43 
 
 The President ixlao announced the following as the committee 
 of inquiry concerning the burning of the schooner Jennie 
 Hunter : Messrs. Bagley, Myers, Miller, Caldwell and Penland. 
 
 The Convention then proceeded to the consideration of the ordi- 
 nance in relatioil to the legislative department of the Constitution. 
 
 The second section having been read, Mr. Graham moved to 
 amend by inserting the words "any of," bclbrc the words " the 
 Confederate," in the 1st line, and it Avas agreed to. 
 
 Mr. Mitchell moved to strike out the words " or of any of 
 the Confederate States," which was not agreed to. 
 
 Mr. Smith moved to insert in the 17th line, after the word 
 "mulatto," the word "Indian," which was agreed to. 
 
 He also moved to insert the words " or Indian," after tlie 
 word "negro," in the 18th line, which Avas not agreed to. 
 
 Mr. Schenck moved to amend by striking out of the 8th line 
 the word "pauper," on which the ayes and noes were ordered, 
 and resulted in the affirmative, as follows: 
 
 Ayes — Messrs. Atkinson, Bagley, Barne;^, Bogle, Bryson, 
 Bunting, Cakhvell, Cannon, Christian, Cunningham, Dick, 
 Dickson, Dillard, Donnell, Douthitt, Durham, Foster of Ashe, 
 Foster of Randolph, Greenlee, Hamlin, Hargrove, Hearne, 
 Headen, Holden, Howard, Johnston, Jones of Rowan, Joyce, 
 Kittrell, Long, Mann, McDuffie,' McNeill of Cumberland, Mer- 
 ritt, Miller, Myers, Osborne, Royster, Sanders, Satterthwaite, 
 Schenck, Setzer, Shipp, Smith of Johnston, Smith ©f Macon, 
 Spruill of Bertie, Strange, Strong of Mecklenburg, Sutherland, 
 Thornton, Warren and "VYooten — 52. 
 
 Noes — Messrs. Badger, Batchelor, Berry, Calloway, Eller, 
 Gorrell, Graham, Green, Jones of Caldwell, Kelly, Leak of 
 Richmond, Manning, Mebane, Michal, Mitchell, Penland, Ray- 
 ncr, Rhodes, Ruffin, Smith of Halifax, Starbuck, Thomas of 
 Carteret, Washington and Williamson — 24. 
 
 Mr. Ruffin moved to amend the 5th section by striking out 
 all that part which provides that no compensensation shall be 
 given to members of the General Assembly, after the forty-fifth 
 day of the session. 
 
 Pending the consideration of this question, the hour arrived 
 and the Convention took a recess until 4 o'clock. 
 
44 JOURNAL OF THE [4th Session, 
 
 1 O'clock, P. M. 
 
 Mr. Batchelor moved tliat leave of abbence for three days 
 
 [be granted Mr. ,] on Avliicli the ayes and noes were 
 
 ordered, on motion of Mr. Badger, and resulted in the affirma- 
 tive, as follows: 
 
 Ayes— Messrs. Atkinson, Bagley, Batchelor, Berry, Brown, 
 Bunting, Cunningham, Dickson, Dillard, Durham, Edwards, 
 Eller, Graham, Greenlee, Hamlin, Hargrove, Holden, Howard, 
 Johnston, Kelly, Leak of Anson, Leak of Kichniond, Long, 
 McDowell of Burke, McDowell of Madison, McDuffie, Mc- 
 Neill of Cumberland, Mebane, Michal, Miller, Royster, Ruffin, 
 Satterthwaite, Setzer, Starbuck, Strong of Mecklenburg, Suth- 
 erland, Thompson, Thornton, Woodfin and Wooten— 41. 
 
 Noes — Messrs. Allison, Barnes, Bryson, Calloway, Cannon, 
 Christian, Douthitt, Foster of Randolph, Gilmer, Headen, 
 Joyce, Kittrell, Lindsay, Mann, Myers, Phifcr, Smith of Macon, 
 Speed, Washington and Wilson — 20. 
 
 The business on the calendar was then taken up : 
 
 1. An ordinance to submit constitutional amendments to the 
 people — passed over, on motion of Mr. Brown. 
 
 2. An ordinance in relation to the Cherokee Indians — laid 
 on the table, on motion of Mr. IIoAvard. 
 
 3. An ordinance concerning the Superior and Supreme 
 Courts — indefinitely postponed, on motion of Mr. Badger. 
 
 The question here arose whether the ordinances and resolu- 
 tions were to be considered in numerical order to the displace- 
 ment of special orders. The President decided that, according 
 to the order adopted by the Convention, all subjects were of 
 eiiual grade, and would be taken up as they stood on the calen- 
 dar. For the purpose of testing the sense of the Convention 
 on the subject, Mr. Badger, appealed from the decision of the 
 chair, and the (question being put, was decided in the affirma- 
 tive, sustaining the decision of the chair. 
 
 The business on the calendar was then resumed. 
 
 4. Resolution respecting separate courts for cities and towns — 
 indefinitely postponed, on motion motion of Mr. Badger. 
 
1862.] STATE CONVENTION. 45 
 
 5. Ordinance to allow free negroes to enslave tliemselves — 
 laid on the table, on motion of Mr. Jones, of Rowan. 
 
 6. Resolution instructing the Board of Claims to report the 
 claims of certain railroads — on motion of Mr. Satterthwaite, 
 ordered to lie on the table. 
 
 8. Resolution to complete the Western N. C. Railroad — laid 
 on the table, on motion of Mr. Sattcrthwaite. 
 
 9. Resolution of inquiry as to the expediency of completing the 
 Western Turnpike — on motion of Mr. Smith, of Macon, referred 
 to a select committee, on wliich the Pi-esident announced Messrs. 
 Smith of Macon, Woodfin, Bogle, Wilson and Battle of Wake. 
 
 10. Ordinance to define and punish sedition. 
 
 Mr. Graham moved that it lie on the table, on which the 
 ayes and noes were ordered, on motion of Mr. Howard, and 
 resulted in the negative, as follows : ^ 
 
 Ayes — Messrs. Badger, Berry, Brown, Cannon, Donneli, 
 Douthitt, Gilmer, Graham, Ileaden, Ilolden, Houston, Jones of 
 Rowan, Kittrell, Long, Mitchell, Satterthwaite, Smith of John- 
 ston, Smith of Macon, Spruill of Bertie, Starbuck, Warren and 
 Wilson— 22. 
 
 Noes — Messrs. Allison, Atkinson, Bagley, Barnes, Batche- 
 lor. Battle of Nash, Bogle, Bryson, Bunting, Caldwell, Callo- 
 way, Cunningham, Dickson, Dillard, Durham, Edwards, Eller, 
 Foster of Ashe, Gorrell, Green, Greenlee, Howard, Johnston, 
 Jones of Caldwell, Joyce, Kelly, Leak of Anson, Leak of Rich- 
 mond, Lindsay, McDowell of Burke, McDowell of Madison, 
 McDuffie, McNeill of Cumberland, Mebanc, Michal, Miller, 
 Myers, Penland, Rayner, Rhodes, Royster, Ruffin, ScheTick, 
 Setzer, Strange, Strong of IMecklenburg, Sutherland, Thoma.i 
 of Carteret, Thompson, Thornton, Washington, Woodfin and 
 Wooten— 58. 
 
 The ({uestion being on the passage of the ordinance its second 
 reading, the ayes and noes were ordered, on motion of Mi-. 
 Badger. 
 
 Mr. Brown moved to amend by striking out the words " or 
 shall maliciously and advisedly endeavor to excite the people 
 to resist the government of this State or of the Confederate 
 States." 
 
 M 
 
46 JOURNAL OF THE [4th Session, 
 
 Pending the consideration of this amendment, Mr. Jones, of 
 Rowan, moved an adjournment, on Avhich the ayes and noes 
 Avere ordered, on motion of Mr. Michal, and resulted in the 
 affirmative, as follows: 
 
 Ayes — Messrs. Allison, Badger, Baglcy, Barnes, Batehelor, 
 Berry, Bogle, Brown, Bryson, Bunting, Caldwell, CalloAvay, 
 Cannon, Donnell, Douthitt, Edwards, Eller, Foster of Ran- 
 dolph, Gilmer, Graham, Greenlee, Ileaden, Holden, Houston, 
 Jones of Rowan, Joyce, Kelly, Kittrcll, Leak of Anson, Long, 
 McNeill of Cumberland, Mebane, Miller, Mitchell, Myers, 
 Penland, Rhodes, Ruffin, Satterthwaite, Smith of Johnston, 
 Smith of Macon, Speed, Spruill of Bertie, Starbuck, Suther- 
 land, Warren, Washington and Wooten — 49. 
 
 Noes — Messrs. Battle of Nash, Christian, Cunningham, 
 Dickson, Dillard, Durham, Foster of Ashe, Gorrell, Green, 
 Hamlin, Hearne, Howard, Johnston, Jones of Caldwell, Leak 
 of Richmond, McDowell of Burke, McDuffie, Michal, Phifer, 
 Bayner, Royster, Sanders, Schenck, Setzer, Strange, Strong 
 of Mecklenburg, Thornton, Wilson and Woodfin— 28. 
 
 So the Convention adjourned to 10 o'clock to-morrow morning. 
 
 IN CONVENTION, Saturday, May 3, 1802. 
 
 The Convention met, the President in the chair. 
 
 The journal of yesterday was read and approved. 
 
 The President laid before the Convention a report from the 
 Board of Claims, which, on motion of Mr. Satterthwaite, was 
 referred to a select committee. 
 
 The President announced the following as tlie committee : 
 Messrs. Mebane, Leak of Anson, McNeill of Cumberland, 
 Johnston and Atkinson. 
 
 Mr. Howard offered the following : 
 
 jResohed, That the committee of Finance inquire into the 
 propriety of issuing an additional amount of Treasury notes of 
 the denominations of ten cents and five cents. On motion, the 
 rules were suspended and the resolution adopted. 
 
1862.] STATE CONVENTION. 47 
 
 Mr. Myers offered the following : 
 
 Resolved., That the unfinished business of yesterday be post- 
 poned until Monday next at 3 o'clock, P. M., and that the 
 Convention go into secret session at 3 o'clock, this day, to con- 
 sider the subject of a supply of Salt. • 
 
 Resolved^ further., That the consideration of the supply of 
 salt shall have precedence of all miscellaneous matters now 
 on the calendar. 
 
 The rules were, on motion, suspended for the purpose of con- 
 sidering the resolutions at this time. 
 
 Mr. Sanders moved to amend by striking out "Monday," 
 and inserting "Tuesday," and it wi\s not agreed to. 
 
 Mr. Howard moved the following substitute: That this Con- 
 vention Avill go into secret session this morning at 11 o'clock 
 to consider the supply of salt. 
 
 Mr. Gilmer moved to lay the subject on the table, on which 
 the ayes and noes were ordered, on motion of Mr. Howard, 
 and resulted in the afhrmative, as follows : 
 
 Ayes — Messrs. Allison, Atkinson, Barnes, Berry, Bogle, 
 Bryson, Calloway, Cannon, Christian, Dick, Douthitt, Edwards, 
 Eller, Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, 
 Graham, Green, Hamlin, Hearne, Headcn, Holden, Houston, 
 Jones of Rowan, Joyce, Kittrell, Long, Mann, Merritt, Mitchell, 
 Osborne, Rayner, Rhodes, Sanders, Satterthwaite, Shipp, Smith 
 of Johnston, Smith of Macon, Speed, Spruill of Tyrrell, Star- 
 buck, Thomas of Carteret, Washington and Wilson — 45. 
 
 Noes — Messrs. Bagley, Batchelor, Battle of Nash, Bunting, 
 Caldwell, Cunningham, Dickson, Dillard, Durham, Greenlee, 
 Howard, Johnston, Leak of Anson, Leak of Richmond, Lind- 
 say, McDowell of Burke, McDuffie, Miller, Myers, Penland, 
 Phifer, Royster, Schenck, Setzcr, Spruill of Bertie, Strange, 
 Strong of Mecklenburg, Sutherland, Thompson, Thornton, 
 Williamson and Wooten — 32. 
 
 Mr. Satterthwaite introduced an ordinance to prevent injus- 
 tice being done to persons who have employed substitutes for 
 the war, which was read and referred to the committee on the 
 Adjutant General's communication. 
 67 
 
48 JOURNAL OF THE [4tii Session, 
 
 The unfinished business of yesterday was now taken up, Ireing 
 the ordinance relating to the legislative department of the Con- 
 stitution — the pending question being on the motion of Mr. 
 Ruffin. 
 
 After some discussion the amendment was withdrawn in order 
 that amendments to other parts of the section could be intro- 
 duced. 
 
 Mr. Schenck moved to strike out the word "biennial," in the 
 second line, and insert "annual," on which the ayes and noes 
 were ordered, on motion of Mr. Schenck, and resulted in the 
 negative, as follows : 
 
 Ayes — Messrs. Allison, Atkinson, Barnes, Brown, Bunting, 
 Caldwell, Edwards, Gilmer, Holden, Jones of Rowan, Kelly, 
 Miller, Osborne, Sanders, Satterthwaite, Schenck, Smith of 
 Johnston, Speed, Spruill of Bertie, Thornton, Williamson and 
 Wooten— 22. 
 
 Noes — Messrs. Badger, Bagley, Batchelor, Battle of Nash, 
 Berry, Bogle, Bryson, Calloway, Cannon, Christian, Cunning- 
 ham, Dick, Dickson, Dillard, Donnell, Douthitt, Durham, Eller, 
 Foster of Ashe, Foster of Randolph, Gorrell, Graliam, Green, 
 Greenlee, Hamlin, Hearne, Houston, Howard, Johnston, Joyce, 
 Kittrell, Leak of Anson, Leak of Richmond, Lindsay, Long, 
 Mann, McDowell of Burke, McDowell of Madison, McDufiie, 
 Mebane, Merritt, Michal, Mitchell, Penland, Phifer, Rayner, 
 Rhodes, Royster, Ruffin, Setzer, Shipp, Smith of Macon, Spruill 
 of Tyrrell, Starbuck, Strong of Mecklenburg, Sutherland, 
 Thomas of Carteret, Thompson, Warren, Washington, Wilson 
 and Woodfin— 62. 
 
 Mr. Graham moved to strike out the word "annual," in the 
 third line, on which the ayes and noes were ordered, on motion 
 of Mr. Sanders, and resulted in the negative, as follows : 
 
 Ayes — Messrs. Barnes, Battle of Nash, Berry, Cannon, 
 Christian, Dickson, Dillard, Donnell, Foster of Ashe, Graham, 
 Green, Joyce, Kelly, Leak of Anson, Leak of Richmond, Pen- 
 land, Sanders, Spruill of Tyrrell, Starbuck, Warren and Wil- 
 son — 21. 
 
 Noes — Messrs. Allison, Atkinson, Badger, Bagley, Batche- 
 lor, Bogle, Brown, Bryson, Bunting, Caldwell, Calloway, Cun- 
 
1862.] STATE CONVENTION. 49 
 
 ningbam, Dick, Douthitt, Durham, Edwards, Eller, Foster of 
 Randolph, Gihiier, Gorrell, Greenlee, Ilamlin, Hcarne, Ilolden, 
 Houston, Howard, Johnston, Jones of Rowan, Kittrell, Lindsay, 
 Long, Mann, McDowell of Burke, JNTcDowell of Madison, Mc- 
 Duffie, Mebane, Merritt, Michal, Miller, Mitcliell, Osborne, 
 Phifer, Rayner, Rhodes, Royster, Ruffin, Satterthwaite, Schenck, 
 Setzcr, Shipp, Smith of Johnston, Smith of Macon, Speed, 
 Spruill of Bertie, Strong of Mecklenburg, Sutherland, Thomas 
 of Carteret, Thornton, Washington, Williamson^ Woodfin and 
 Wooten— 62. 
 
 Mr. Gorrell to moved amend so that the limitation should only 
 extend to the second session, and the amendment not agreed to. 
 
 Mr. Osborne moved to amend so that the session might be 
 extended boj'ond forty-five days, and it was not agreed to. 
 
 Mr. Ruffin now renewed his motion, on which the ayes and 
 noes having been previously ordered, were now taken, and 
 resulted in the negative, as follows : 
 
 Ayes — Messrs. Bogle, Brown, Donnell, Lindsay, Mann, 
 Rhodes, Ruffin, Speed, Strange, Strong of Mecklenburg, Thomas 
 of Carteret, Warren and Williamson — 13. 
 
 Noes — Messrs. Allison, Atkinson, Badger, Bagley, Batche- 
 lor. Battle of Nash, Berry, Bryson, Bunting, Caldwell, Callo- 
 way, Cannon, Christian, Cunningham, Dick, Dickson, Dillard, 
 Douthitt, Durham, Edwards, Eller, Foster of Ashe, Foster of 
 Randolph, Gilmer, Gorrell, Graham, Green, Hamlin, Hearne, 
 Holilen, Houston, Howard, Johnston,* Jones of Rowan, Joyce, 
 Kelly, Leak of Anson, Leak of Richmond, Long, McDowell of 
 Burke, McDowell of Madison, McDuffie, Meures, Mebane, Mer- 
 ritt, Michal, Miller, Mitchell, Osborne, Phifer, Rayner, Royster, 
 Sanders, Satterthwaite, Schenck, Setzer, Shipp, Smith of John- 
 ston, Smith of Macon, Spruill of Bertie, Starbuck, Sutherland, 
 Thornton, Wasliington, Wilson, AVoodfin and Wooten — 66. 
 
 Ho now moved to strike out "fifty-five" and insert "fifty- 
 two," On which the ayes and noes were ordered, on motion of 
 Mr. Berry, and resulted in the negative, as follows : 
 
 Ayes — Messrs. Allison, Batchelor, Bogle, Dickson, Gorrell, 
 Lindsay, Merritt, Mitchell, Rayner, Rhodes, Ruffin, Satter- 
 thwaite, Strange and Strong of Mecklenburg — 14. 
 
60 JOURNAL OF THE [4th Session, 
 
 Noes — Messrs. Atkinson, Badger, Bagley, Barnes, Battle of 
 Nash, Berry, Bryson, Bunting, Caldwell, Calloway, Cannon, 
 Christian, Cunningham, Dick, Dillard, Douthitt, Durham, Ed- 
 wards, Eller, Foster of Ashe, Foster of Randolph, Gilmer, 
 Graham, Green, Hamlin, Hearne, Holden, Houston, Howard, 
 Johnston, Jones of llowan, Joyce, Kelly, Leak of Anson, Leak 
 of Richmond, Long, McDowell of Burke, McDowell of Madi- 
 son, McDufBe, Michal, Miller, Osborne, Phifer, Royster, San- 
 ders, Schenck, Setzer, Shipp, Smith of Johnston, Smith of 
 Macon, Starbucks Sutherland, Thompson, Thornton, Washing- 
 ton, Williamson, Wilson, Woodfin and Wooten — 59. 
 
 Mr. Cannon moved to strike out "forty-five" and insert 
 " thirty," and it was not agreed to. 
 The 7th section was then read. 
 
 Mr. Rufiin moved to amend the last line so that it shall read, 
 " a freehold of the assessed value for taxation of, at least, one 
 thousand dollars,"' which was agreed to. 
 
 Mr, Barnes now moved to strike out " twenty-five " and insert 
 ••' twenty-one," on which the ayes and noes were ordered, and 
 resulted in the negative, as follows : 
 
 Ayes — Messrs. Barnes, Batchelor, Bryson, Cunningham, 
 Doimell, Green, Hamlin, Joyce, Kittrell, McDufiic, Sanders, 
 Schenck, Spruill of Bertie, Thornton and Warren — 15. 
 
 Noes — Messrs. Allison, Atkinson, Badger, Bagley, Battle of 
 Nash, Berry, Bogle, Brown, Bunting, Caldwell, Cs^lloway, Can- 
 non, Christian, Dick, Dickson, Dillard, Douthitt, Durham, Ed- 
 wards, Eller, Foster of Ashe, Foster of Randolph, Gilmer, 
 Gorrell, Graham, Greenlee, Houston, Howard, Johnston, Jones 
 of Rowan, Leak of Anson, Leak of Richmond, Long, Mann, 
 McDowell of Burke, McDowell of Madison, Merritt, Michal, 
 Miller, Mitchell, Osborne, Penland, Phifer, Rayner, Rhodes, 
 Royster, Ruffin, Satterthwaite, Setzer, Shipp, Smith of Macon, 
 Starbuck, Strange, Strong of Mecklenburg, Strong of Wayne, 
 Sutherland, Thompson, Washington, Williamson, Wilson, Wood- 
 fin and Wooten — 63. 
 
 He also moved to strike out all that part which requires a 
 freehold qualification. 
 
1862.] STATE CONVENTION. 61 
 
 In order to perfect, before the vote was taken, Mr. Jones, of 
 Rowan, moved to strike "one thousand," and insert "five hun- 
 dred dollars." 
 
 Pending the consideration of which, the hour arrived, and the 
 Convention took a recess until 4 o'clock. 
 
 4 O'clock, P. M. 
 
 The Convention met and resumed the consideration of the 
 question pending at the hour of adjournment on yesterday, 
 being the ordinance to define and punish sedition, the immediate 
 question being on the amendment offered by Mr. Brown. 
 
 By consent, Mr. Rayner modified the words proposed to be 
 stricken out, so as to read, " the execution of the laws," in place 
 of "the government." ' 
 
 Mr. Satterthwaite moved that the ordinance be indefinitely 
 postponed, on .which he asked the ayes and noes, which being 
 ordered, resulted in the affirmative, as follows : 
 
 Ayes — Messrs, Allison, Atkinson, Badger, Bagley, Barnes, 
 Battle of AVakc, P>crry, ]>ogle, Brown, Bvyson, Calloway, Can- 
 non, Christian, Dick, Donnell, Douthitt, Eller, Foster of Ashe, 
 Foster of Randolph, Gilmer, Graham, Greenlee, Hamlin, 
 Hearne, Holden, Jones of Rowan, Joyce, Kittrell, Leak of 
 Anson, Lindsay, Long, Mann, Mitchell, Phifer, Satterthwaite, 
 Shipp, Smith of Macon, Speed, Spruill of Bertie, Starbuck, 
 Sutherland, Thomas of Carteret, Warren, Williamson and Wil- 
 son — 45. 
 
 Noes — Messrs. Batehelor, Battle of Nash, Bunting, Caldwell, 
 Cunningham, Dillard, Durham, Edwards, Green, Howard, 
 Johnston, Leak of Richmond, McDowell of Burke, McDowell 
 of Madison, McDuffie, McNeill of Cumberland, Michal, Miller, 
 Penland, Rayner, Roystcr, Rufiin, Schenck, Setzer, Strong of 
 Mecklenburg, Thompson, Thornton, Washington, Woodfin and 
 Wooten— 29. 
 
 On motion of INIr. Barnes, the Convention adjourned. 
 
52 JOURNAL OF THE [4th Session, 
 
 IN CONVENTION, Monday, May 5, 1862. 
 
 The President took the chair and called the Convention to 
 order. Prayer by Rev. Henry Hardie, of the Presbyterian 
 Church. 
 
 The journal of Saturday was read and approved. 
 
 Messrs. Osborn(^ and Williams asked and obtained leave to 
 have'it stated on the journal that if they had been present on 
 Saturday they, would have voted in the negative on the motion 
 to indefinitely postpone the ordinance to define and punish 
 sedition. 
 
 Mr. Houston, of Union, asked leave to have it stated that he 
 would have voted in the affirmative. 
 
 Mr. Kittrell, from the committee to whom was referred an 
 ordinance to prevent injustice to persons who have employed 
 substitutes for the Avar, made an adverse report thereon, which, 
 on motion of Mr. Starbuck, was ordered to lie on the table. 
 
 On motion of Mr. Howard, the communication of the Gover- 
 nor in relation to the troops in camp, and the expense of the 
 maintenance of the same, Avas referred to the Finance Com- 
 mittee. 
 
 Mr. Kittrell offered the following, which was agreed to, under 
 a suspension of the rules : 
 
 Resolved., That His Excellency, the Governor, be requested 
 to furnish this Convention with all the information he has from 
 the AVar Department in regard to the conscription law of the 
 Confederate Congress. 
 
 Mr. Smith, of Johnston, introduced an ordinance to limit the 
 price of cotton yarns, which passed the first reading. 
 
 Mr. Spruill, of Bertie, introduced an ordinance to repeal an 
 act of tlic last General Assembly, passed at its first session, 
 providing for tax collectors in certain counties, so far as relates 
 to the county of Bertie, Avhich passed the first reading. 
 
 Mr. Schenck moved to rescind that part of a recent order of 
 the Convention Avhich provides for night sessions. 
 
 Mr. Gilmer moved to lay the motion on the table, on which 
 the ayes and noes were ordered, on motion of Mr. Schenck, 
 and resulted in the affirmative, as follows : 
 
1862.] STATE CONVENTION. 53 
 
 Ayes— Messrs. Allison, Batcliclor, Battle of Nash, Berry, 
 Bogle, Bryson, Bunti^ig, Calloway, Christian, Cunningham, 
 Dick, Dickson, Dillard, Doutliitt, Ellcr, Foster of Ashe, Gilmer, 
 Hamlin, Hearne, Houston, Howard, Johnston, Joyce, Kittrell, 
 Leak of Anson, McDuffie, Michal, Miller, Moselcy, Myers, 
 Osborne, Penlancl, Rayner, Rhodes, Sctzer, Smith of Johnston, 
 Smith of Macon, Speed, Spruill of Bertie, Strong of Mecklen- 
 burg, Thomas of Carteret, Wilson, and Woodfin— 4a 
 
 Noes— Messrs. Atkinson, Bagley, Barnes, Bjvttle of Wake, 
 Brown, Cannon, Durham, Edwards, Foster of Randolpli, Green- 
 lee, Headen, Holdcn, Jones of Caldwell, Jones of Rowan, Leak 
 of Richmond, Lindsay, Long, Mann, McDowell of Burke, 
 McDowell of Madison, McNeill of Cumberland, Merritt, Phifer, 
 Ruffin, Satterthwaite, Schenck, Shipp, Starbuck, Sutherland, 
 Thompson, Thornton, Warren, Williams, Williamson and 
 Wooten — 35. 
 
 Mr. Osborne presented a memorial from certain citizens of 
 Mecklenburg county, asking aid from the State in the estab- 
 lishment of a rifle manufiictory in that county, which, on his 
 motion, was referred to a select committee, on which the Presi- 
 dent appointed Messrs. Osborne, Moseley, Greenlee, Starbuck 
 and McDowell of Madison. 
 
 On motion of Mv. Osborne, the Principal Secretary was 
 authorized, if he shall find it necessary, to enable him to make 
 out his journal, to employ one or more assistants. 
 
 The Convention then took up for consideration the ordinance 
 relating to the legislative department of the Constitution, the 
 pending question being on the amendment offered by Mr. Jones, 
 of Rowan, on which the ayes and noes were ordered, on his 
 motion. 
 
 After some discussion, the amendment was temporarily with- 
 drawn. 
 
 Mr. Ruflin moved to amend so that persons owning three 
 hundred acres of land, in fee, shall be entitled to a seat in the 
 Senate, Avhich was agreed to. 
 
 Mr. Jones, of Rowan, then renewed his amendment, and the 
 ayes and noes being taken, resulted in the negative, as follows : 
 
54 JOURNAL OF THE [4th Session, 
 
 Ayes — Messrs. Barnes, Bro-\vn, Bryson, Christian, Cunning- 
 ham, Dick, Dilhird, Donnell, Durham, Gihner, Hamlin, Headen, 
 Holden, Jones of Cakhvell, Jones of Rowan, Joyce, Kittfell, 
 Lindsay, McDowell of Burke, McDuffie, McNeill of Cumber- 
 land, Merritt, Miller, Penland, Rayner, Schenck, Setzer, Shipp, 
 Smith of Macon, Spruill of Bertie, Stai-Jjuck, Thomas of Car- 
 teret, Thornton, Warren, Wilson, Woodfin and Wooten — 37. 
 
 Noes — Messrs. Allison, Atkinson, Badger, Bagley, Batche- 
 lor, Battle of Nash, Battle of Wake, Berry, Bogle, Bunting, 
 Calloway, Cannon, Dickson, Douthitt, Edwards, Eller, Foster 
 of Ashe, Foster of Randolph, Greenlee, Hearne, Houston, 
 Howard, Johnston, Leak of Anson, Leak of Richmond, Long, 
 Mann, McDowell of Madison, Michal, Mitchell, Moseley, My- 
 ers, Osborne, Phifer, Rhodes, Ruffin, Satterthwaite, Smith of 
 Johnston, Speed, Strong of Mecklenburg, Sutherland, Thomp- 
 son, Williams and Williamson — 44. 
 
 Mr. Starbuck moved to amend by striking out the freehold 
 qualification and inserting a provision that a Senator shall 
 possess one thousand dollars worth of taxable property, which 
 was not agreed to. 
 
 Mr. Woodfin moved to add to the section as follows : " Or 
 shall possess an interest in manufacturing in the district of one 
 thousand dollars," whicli was not agreed to. 
 
 [Mr. Smith, of Macon, from the committee on Enrollments, 
 reported as correctly enrolled, the ordinance in favor of Rev. 
 Maurice H. Vaughan, and the same Avas duly ratified.] 
 
 The question then recurred on the motion of Mr. Barnes to 
 strike out all of the section which j'cquires a freehold (qualifica- 
 tion, on which the ayes and noes were ordered, on his motion, 
 and resulted in the negative, as follows : 
 
 Ayes — Messrs. Barnes, Brown, Bryson, Christian, Cunning- 
 ham, Dick, Donnell, Headen, Holden, Jones of Rowan, Joyce, 
 Kittrell, McDowell of Burke, McDowell of Madison, McDuffie, 
 McNeill of Cumberland, Penland, Sclienck, Shipp, Spruill of 
 Bertie, Starbuck, Thornton, Warren, Williams and Wood- 
 fin— 25. 
 
1862.] STATE CONVENTION. 55 
 
 Noes — Messrs. Allison, Atkinson, Badger, Bagley, Batclie- 
 ^S lor, Battle of Nash, Battle of Wake, Berry, Bogle, Bunting, 
 Calloway, Cannon, Dickson, Dillard, Douthitt, I>ui-ham, Ed- 
 wards, Eller, Foster of Ashe^ Foster of Randolph, Greenlee, 
 Ilearne, Houston, Howard, Johnston, Jones of Caldwell, Leak 
 of Anson, Leak of Riclnnond, Long, Mann, Merritt, Michal, 
 Miller, Mitchell, Moseley, Myers, Osborne, Phifer, Rayncr, 
 Rhode^, Ruffin, Satterthwaite, Setzer, Smith of Johnston, 
 Smith of Macon, Si)ced, Strong of Mocklcnhurg, Sutlierland, 
 I'liomas of Carteret, Thompson, "Williamson, Wilson and Woo- 
 ten — 53. 
 
 Mr. Ruffin moved to amend the 8th section by adding, " or 
 real estate, in fee, assesseil for taxation, of the value of five 
 hundred dollars," which was agreed to. 
 
 Mr. Howard moved to strike out'"' five hunctred dollars," and 
 insert "three hundred dollars," and the motion prevailed. 
 
 Mr. Woodfin moved to strike out all of the section requiring 
 a freehold qualification. Oa this 'motion the ayes and noes 
 Avcre ordered, on motion of Mr. Smith, of Johnston, and resulted 
 in the negative, as follows: ''^ ' 
 
 Ayes — Messrs. Brown, Bryson, Christian, Cunningham, 
 Dick, Durham, Ilolden, Jones of Rowan, Joyce, McDowell of 
 Burke, McDowell of RLidiscvn, McDuffie, McNeill of Cundjer- 
 land, Penland, Schenck, Shipp, Smith of Johnston, Starbuek, 
 Thomas of Carteret, Thornton, Warren, Williams, Wilson and 
 Woodfin— 24. 
 
 Noes — Messrs. Allison, Atkinson, Badger, Bagley, Batche- 
 lor, Battle of Nash, Berry, Bogle, Bunting, Calloway, Cannon, 
 Dickson, Dillard, Douthitt, Edwards, Eller, Foster of Ashe, 
 llcarne, Houston, Howard, Johnston, Jones of Caldwell, Leak 
 of Anson, Leak of Richmond, Long, Mann, Michal, Miller, 
 Mitchell, Myers, Osborne, Bhifer, Rayner, Rhodes, Ruffin, Sat- 
 terthwaite, Setzer, Strong of Mecklenburg, Slitherland, Thomp- 
 son, Williamson and Wooten — 42. 
 
 Mr. Leakj of Richmond, moved. to strike out "twenty-one," 
 and insert "twenty-five," and it was not agreed to. 
 68 
 
5G JOURNAL OF THE [4th Session, 
 
 Mr. Thornton moved to reconsider the last vote, and the 
 motion did not prevail. 
 
 Mr. Rufiin then moved to amend the 9th section by adding, 
 "in the county or district for which he is chosen," and it "was 
 agreed to. 
 
 Sections 10, 11 and 12 Avere read. 
 
 Mr. IIoAvard moved to amend that relating to ministers of 
 the gospel holding seats in the General Assembly, hy adding, 
 "or while he holds a license to preach," which Avas agreed to. 
 
 Mr. Ruffin moved to insert in the Dth line of the 13th sec- 
 tion, after thej Avord "militia," the words, "not in actual ser- 
 vice," which Avas agreed to. 
 
 The clauses from 1 to 10 of the 2nd section of the commit- 
 tee's report Avere then read, Avhen the hour arrived, and the 
 Convention took a recess. 
 
 4 O'clock, P. M. 
 
 Mr. Schenck offered a resolution asking the Governor whether, 
 after the troops noAV in camps of instruction are transferred to 
 the Confederate States, it will be necessary to retain on pay, 
 the Quartermasters, Commissaries, and other State officers of a 
 similar character, and if so, how long and for Avhat purpose. 
 
 The resolution was adopted, under a suspension of the rules. 
 
 A communication Avas received from the Governor inclosing 
 a letter from George W. Randolph, Secretary of War, in rela- 
 tion to the conscript act of Congress, Avhich being read, it was 
 ordered to lie on the table, and ten copies for each member to 
 be printed. 
 
 On motion of Mr. Howard, the Convention took up for con- 
 sideration the ordinance to amend the ordinance to raise North 
 Carolina's quota of Confederate troops, on its second reading. 
 
 Mr. Calloway moved an additional section, as folloAvs: That 
 all volunteers for three years or the war that have volunteered 
 or may volunteer before the 17th instant, and shall continue in 
 service for the Avar, shall be entitled to the bounty of fifty dol- 
 
1862.] STATE CONVENTION. 57 
 
 lars heretofore paid, althougli they may be over thirty-five 
 years of age, and it was agreed to. 
 
 The ordinance then passed the second reading, and was read 
 the third time. 
 
 Mr. Howard moved the folhnving amendment : That the Gov- 
 ernor be, and he is hereby directed to discharge all volunteers 
 over thirty-five years of age not yet transferred to the Confede- 
 rate States that may desire a discharge, and it was agreed to. 
 Mr. Gilmer moved to insert after the word '' Congress," 
 where it first occurs, the words, "as volunteers," which was 
 not agreed to. 
 
 The ordinance then passed the third reading and was ordered 
 to be enrolled. 
 
 Mr. Badger moved to reconsider the last vote, and it was 
 not agreed to. 
 
 The ordinance to enable the Western Railroad company to 
 complete their road was then taken up and read the second time. 
 Mr. Foster, of Randolph, moved the following substitute: 
 That that part of section 5, of an act entitled ''an act to ena- 
 ble the Western Railroad company to extend their ruad from 
 the Coalfields to the North Carolina Railroad," which requires 
 the President to certify to the Governor that the company has 
 purchased the iron rails, chairs and spikes, and will forthwith 
 proceed to Jay down and complete each section of ten miles, 
 before said company is entitled to receive the sum of one hun- 
 dred thousaiid dollars, be, and the same is hereby repealed. 
 
 Pending the consideration of this question, the hour of 6^ 
 o'clock arrived, and the Convention took a recess until 7h 
 o'clock. 
 
 7^ O'cfiOCK, P. M. 
 
 The Convention met, Mr. P.arnes, at the request of the 
 I 'resident, in the chair. 
 
 On motion of Mr. Sattertlnvaite, the roll of members was 
 called and the following answered to their names: 
 
r>R JOURNAL OF THE [4th Session, 
 
 Messi'S. Baglcy, Barnes, Batchelor, Battle of Nash, Battle 
 of "Wake, Beriy, Bryson, Bunting, Calchvell, Cannon, Christian, 
 Cunningham, Dardcn, Dickson, Dillard, Donnell, Douthitt, * 
 Durham, Eiler, Foster of Ashe, Foster of Randolph, Gilmer, 
 Oorrcll, Ilearne, Headcn, Holdcn, IJouston, Howard, Johnston, 
 Jones of Caldwell, Joyce, Kelly, Leak of Richmond, Long, 
 Mann, McDuffic, McNeill of Cumberland, Michal, Miller, My- 
 ers, Penland, Rhodes, Roystcr, SattevtliAvaite, Sotzer, Smith of 
 Johnston, Smith of Macon, Speed, Starhuck, Strong of Meck- 
 lonl)urg, Thomas of Carteret, Thornton, Warren, Williams and 
 Wilson— 52. 
 
 There not being a quorum present, 
 
 Mr. Berry moved an adjournment, on Avhich the ayes and 
 noes were ordered, on motion of Mr. Speed, and resulted in 
 tlic negative, as follows : 
 
 Aye&— Messrs. Baglcy, Barnes, Berry, Bunting, Donnell, 
 Douthitt, Durham, Eller, Foster of 'Asho, Hearno-, Johnston, 
 Kitti-ell, Mann, McDuffie, McNeill of Cumberland, Smith of 
 Johnston, Thomas of Carteret, and Thornton — 18. 
 , Noes— Messrs. Batchelor^ Battle of Nash, Battle of Wake, 
 Bryson, ChrislJan, Cuiini)igham, Dardcn, Dillard, Foster of 
 R.'vndolph, Gilmer, Houston, Hownrd, Jones of Caldwell, Joyce, 
 Michal, Myers, Benland, Rhodes, Satterthwaite, Setzer, Smith 
 of 'Macon, Speed, Stai'buck, Stro'Bg of Mecklenburg, and Wil- 
 son — 26. 
 
 After some suggestions as to the propriety of a call of the 
 House, ' ' 
 
 Mr. Thomas, of Carteret, moved an adjournment, on wliich 
 the ayes and noes were ordered, on motion of jMr. Howard, and 
 resulted in the negative, as follows : 
 
 Ayes — Messrs. Baglcy, Barnes, Berry, Bunting, Donnell, 
 Douthitt, Piller,' Johnston, Leak of Richmond, Mann, McDuflie, 
 JNIc'Ncill of Cmnbcrland, Thomas of Carteret, Thornton and 
 Williams— 15. ^ '^ ? ♦ "* .■ /"ir liK ^ >«.»» «*«^;*.Av«." 
 
 Noes — Messrs. Batchelor, Battle of Nash, Battle of Wake, 
 Bryfeon, Cannon, Christian, Cunningham, D:irden, Dickson, 
 Dilhvid, Durham, -Foster of Ashe, Foster of Randolph, Gilmer, 
 
1862.1 STATE CONVENTION. 59 
 
 Gorrell, Hcarnc, licaclcii, lloldoii, Houston, Howard, Jones of 
 Ca;ldwell, Joyce, Long, Michul, Miller, Myery, Pcnlund, Ivayner, 
 Rhodes, lloyster, Sattertliwaite, Setzer, Smith of Johnston, 
 Smith of Macon, Speed, Starbuck, Strong of Mccklentfurg, 
 Warren and Wilson — 31). 
 
 Mr. Speed moved tliat the Doorkeeper be sent for absent 
 members, and it was not agreed to. 
 
 Mf. Sattcrthwaitc moved an adjournment, on which the ayes 
 and noes Averc ordered, on motion of Mr. Cannon, and resulted 
 in the negative, as follows: 
 
 Ayes — Messrs. Bagley, Earnes, Batchelor, Battle of Nash, 
 Berry, Bunting, Christian, Dickson, Douthitt, Durham, Eller, 
 Foster of Randolph, Houston, HoAvard, Leak of Richmond, 
 Long, McDuffie, McNeill of Cuni^erland, Sattcrthwaitc, Thorn- 
 ton and Williams— ^2L 
 
 , Noes — Messrs. Allison, Battle of Wake, Bryson, Calloway, 
 Cunningham, Daixlcn, Dillard, Dbnnell, Foster of Ashe, Gilmer, 
 Gorrell, Hcarne, Hoadcn, Holden, Johnston, Jones of Caldwell, 
 Joyce, Mann, INIichal, Miller, Myers, renland, Rayner, Rhodes, 
 Royster, Setzer, Smith of Johnston, Smith of Macon, Speed, 
 Starbuck, Strong of Mecklenburg, Thomas of Cartc;'ct, War- 
 ren and Wilson — 35. 
 
 Mr. Michal moved that the, doors be closed, and it was not 
 agreed to. 
 
 Mr. Long moved that the Convention adjourn, on which the 
 ayes and noes were again ordered, and resulted in the affirma- 
 tive, as follows : 
 
 Ay lis — Messrs. Bagley, Barnes, Battle of Nash, Berry, 
 Bunting, Christian, JJarden, Dickson, Doutiiitt, Durham, Eller, 
 Fost^of Ashe, Foster of Randolph, Hearne, Headen, Hous- 
 ton, Howard, Johnston, Jones of Caldwell, Leak of Richmond, 
 Long, McDuffie, McNeill of Cumberland, Michal, Osborne, 
 Rayner, Sattcrthwaitc, Smith of Macon, Thornton, Williams 
 and Woodfin— 31. ' 
 
 Noes— Messrs. Allison, Batchelor, l^attle of Wake, Bryson, 
 Calloway, Cannon, Cunningham, Dillard, Donncll, Gilmer, 
 Gorrell, Holden, Joyce, Lea-k o^ Anson, Mann, Miller, Myers, 
 
60 JOURNAL OF THE [4th Session, 
 
 Penland, Rhodes, Royster, Setzer, Smith of Johnston, Speed, 
 Starbuok, Strong of Mecklenburg, Thomais of Carteret, War- 
 ren and Wilson — 26. 
 
 The Convention tlien adjourned until 9 o'clock to-morrow 
 mornin;r. 
 
 IN CONVENTION, Tuesday, May 6, 1862. 
 
 The President called., the Convention to order pursuant to 
 adjournment. 
 
 On a count, it Avas found there was not a quorum present. 
 
 Mr. Thompson moved a call of the House, which was agreed to. 
 
 Pending the call, several members entered, when it was found 
 that a quorum was present, and further probeedings on the call 
 were dispensed with. 
 
 The journal of yesterday was then read and approved. 
 
 Mr. Ritffin offered the following : 
 
 Resolved^ That the committee of Finance inquire what further 
 sum will probably be re(|uircd for tlie payment of thi military 
 bounty provided by the ordinance passed yesterday, and report 
 a proper method for raising the same, Avhich was adopted, under 
 a suspension of the rules. 
 
 Mr. Speed introduced an ordinance to authorize the Public 
 Treasurer to pay Rev. F. V. Hoskins for services as chaplain 
 of the seventh regiment, which passed its first reading. 
 
 On his motion the rules were suspended, the ordinance read 
 the second and third times, passed, and ordered to be enrolled. 
 
 Mr. P)attlc, of Wakcj introduced an ordinance in regard to 
 the Board of Claims, which passed its first reading. On mo- 
 tion, the rules were suspended, the ordinance read the second 
 and third^ times, passed, and ordereil to be enrolled. 
 
 The Convention proceeded to consider the ordinance in rela- 
 tion to the legislative departhient of the Constitution. 
 
 Mr. Howard moved to strike out the parts of the 0th clause 
 of the 2nd section, Avhich provides that the election by the peo- 
 ple shall be by ballot, on which the ayes and noes were ordered. 
 
1862.] STATE CONVENTION. 61 
 
 on motion of Mr. Graliani, and resulted in the negative, as 
 follows : 
 
 Ayes— Mr. Howard — 1. 
 
 Noes — Messrs. Allison, Bagley, Barnes, Batcholor, Battle of 
 Edgecombe, Battle of Nash, Berry, Bogle, Brown, Bryson, 
 Bunting, Calloway, Cannon, Cunningham, Darden, Dillard, 
 Donnell, Douthitt, Durham, Edwards, Eller, Foster of Ashe, 
 Foster of Bandolph, Gilmer, Gorrell, Graham, Hamlin, TIeaden, 
 Holmes, Iloustfin, Johnston, Jones of Rowan, Joyce, Kittrell, 
 Leak of Anson, Leak of Richmond, Lindsay, Long,' Mann, 
 Manning, McDowell of Burke, McDuflic, McNeill of Cumher- 
 land, Merritt, Michal, Miller, Mitchell, Mosoley, Myers, Pen- 
 land, Pettigrew, Rayner, Rhodes, Royster, Ruffin, Sanders, 
 Schenck, Shipp, Smith of Johnston, Speed, Spruill of Tyrrell, 
 Starbuck, Sutherland, Thompson, Thornton, Warren, Willia.ms, 
 Woodfin and Wooten — 69. 
 
 Mr. Badger moved to amend the ord clause of the 3rd sec- 
 tion so that it shall read, "the General Assembly shall pass no 
 law or joint resolution having the force of law, except by the 
 vote, on the third reading, of a majority, of the whole number 
 of members of each House. 
 
 Mr. Woodfin moved that the ordinance lie on the table, on 
 which the hjqs and noes were ordered, on motion of Mr. Gor- 
 rell, and resulted in the affirmative, as follows : ayes 41, noes 30. 
 
 [The record of the ayes and noes on this vot« has been mis- 
 placed, and cannot be given.] 
 
 The Convention then took, as next in order, on the calendar, 
 the ordinance to secure just and equal taxation. On motion of 
 Mr. Calloway, it was ordered to lie on the table. 
 
 The ordinance to amend the Constitution in relation to Jus- 
 tices of the Peace, was taken up. 
 
 Mr. HoAvard moved to lay it on the table, on whicli the ayes 
 and noes were ordered, on motion of Mr. Barnes, and resulted 
 in the affirmative, as follows : 
 
 Ayes— Messrs. Atkinson, Badger, Bagley, Batchelor, Battle 
 of Edgecombe, Battle of Nash, Brown, Bunting, Cunningham, 
 Darden, Dickson, Dillard, Durham, Edwards, Greenlee, Holmes, 
 
62 JOURNAL OF THE [4th Session, 
 
 Houston, Howard, Johnston, Jones of Rowan, Leak of Anson, 
 Leak of Richmond, McDowell of Burke, McDowell of Madi- 
 son, McDuffie, Michal, Miller, Mitchell, Moscley, Osborne, 
 Penland, Pettigrew, Raynev, Royster, Ruffin, Schenck, Setzer, 
 Shipp, Sutherland, Thompson, Thornton, Williams, AVilliamson, 
 Woodfin and AVooten — 45. 
 
 Noes — Messrs. Allison, Barnes, Berry, Bogle, Bryson, Cal- 
 loway, Douthitt, Eller, Gilmer, Gorrcll, Graham, Hamlin, 
 Head en, Jones of Caldwell, Joyce, Long, Manning, McNeill of 
 Cumberland, McNeill of Harnett, Merritt, Rhodes, Sanders, 
 Smith of Johnston, Speed, Starbuck and Wilson— 29. 
 
 The ordinance in relation to the Executive Department was 
 now taken up. 
 
 Mr. Howard moved that it lie on the table, on which the 
 ayes and noes were ordered, on motion of Mr. Badger, and 
 resulted in the affirmative, as follows : 
 
 Ayes— Messrs. Atkinson, Batchclor, Battle of Edgecombe, 
 Battle of Nash, Brown, Bunting, Cunningham, Darden, Dick- 
 son, Dillard, Durham, Edwards, Foster of Ashe, Greenlee, 
 Holmes, Houston, Howard, Johnston, Jones of Rowan, Leak 
 of Anson, Leak of Richmond, McDowell of Burke, McDowell 
 of Madison, McDuffie, McNeill of Cumberland, Michal, Miller, 
 Moseley, Osborne, Penland,' Pettigrew, Rayner, Royster, 
 Schenck, Setzer, Sutherland, Thompson, Thornton, Williams, 
 Williamson, Woodfin and Wooten — 43. 
 
 Noes— Messrs. Allison, Badger,' Bagley, Barnes, Battle of 
 Wake, Berry, Bogle, Bryson, Calloway, Cannon, Christian, 
 Douthitt, Eller, Foster of Randolph, Gilmer, Gorrell, Graham, 
 Hamlin, Hearne, Headen, Holden, Jones of Caldwell, Joyce, 
 Long, Manning, Merritt, Mitchell, Rhodes, Ruffin, , Sanders, 
 Shipp, Smith of Johnston, Speed, Starbuck and Wilson— 3(3. 
 
 The ordinance to provide for an advisory council was, on 
 motion of Mr. Leak, of Richmond, laid upon the table. 
 
 The ordinance to amend the 8th section of the Constitution 
 was read. 
 
 Mr. Thompson moved that it lie on the table, on which the ayes 
 and noes were ordered, on motion of Mr. Badger, and resulted 
 in the affirmative, as follows : 
 
1862.] STATE CONVENTION. 63 
 
 Ayes— Messrs. Atkinson,' Batchclor, Battle of Nash, Battle 
 of Wake, Berry, Brown, Bunting, Calloway, Cunningham, 
 Darden, Dickson, Dillard, Donnell, Durham, Edwards, Eller, 
 Foster of Randolph, Gorrell, Graham, Greenlee, Headen, 
 Holmes, Houston, Howard, Johnston, Jones of Caldwell, Jones 
 of Rowan, Joyce, Leak of Anson, Leak of Richmond, Long, 
 McDowell of Burke, McDowell of Madison, McDuffio, McNeill 
 of Cumberland, Michal, Miller, Mitchell, Moscley, Myers, Os- 
 borne, Penland, Pettigrew, Rayner, Rhodes, Royster, Ruffin, 
 Satterthwaite, Schenck, Setzer, Shipp, Starbuck, Sutherland, 
 Thompson, Thornton, Warren, Williams, Williamson, Woodfin 
 and Wooten — 60. 
 
 Noes — Messrs. Allison, Badger, Barnes, Bogle, Bryson, 
 Christian, Douthitt, Foster of Ashe, Gilmer, Hamlin, Hearne, 
 Holdcn, Kittrell, Mann, McNeill of Harnett, Sanders, Smith 
 of Johnston, Smith of Macon, and Wilson — 19. 
 
 Messrs. Warren, Manning, Battle of Wake, Christian, Don- 
 nell, Lindsay, Headen and Satterthwaite, who were absent 
 from their scats •when the vote was taken this morning, asked 
 and obtained leave to have their votes recorded in the negative 
 on the motion of Mr. Woodfin, that the ordinance in relation to 
 the Legislative Department of the Constitution, lie on the table. 
 
 Whereupon, the President announced that the record of said 
 votes, as thus allowed by the Convention, in the negative, had 
 changed the complexion of the result, and that now the Con- 
 vention would proceed again to the consideration of the ordi- 
 nance in relation to the Legislative Department of the Consti- 
 tution. 
 
 The question recurred on the amendment proposed by Mr. 
 Badger, and that part of the amendment which proposed to 
 insert the words, " or joint resolution having the force of law," 
 was agreed to. 
 
 The question being on that part which makes a majority of 
 the whole number necessary to the passage of all laws, the 
 ayes and noes were ordered, on motion of Mr. Badger, and 
 resulted in the negative, as follows : 
 59 
 
64 JOURNAL OF THE [4th Session, 
 
 Ayes — Messrs. Badger, Batchelor, Battle of Edgecombe, 
 Battle of Nash, Bunting, Calloway, Cunningliam, Dillard, Ed- 
 wards, EUer, Greenlee, Holmes, Howard, Johnston, Jones of 
 Rowan, Leak of Richmond, Manning, McNeill of Harnett, 
 Merritt, Miller, Mitchell, Moseley, Phifer, Rayner, Royster, 
 Strong of Mecklenburg, Sutherland, Thompson, Thornton, 
 Williams and Wooten — 37. 
 
 Noes — Messrs. Allison, Battle of Wake, Berry, Bogle, 
 Brown, Bryson, Christian, Darden, Dickson, Douthitt, Dur- 
 ham, Foster of Ashe, Foster of Randolph, Graham, Hamlin, 
 Headen, Holden, Houston, Jones of Caldwell, Joyce, Kittrell, 
 Lindsay, Long, Mann, McDowell of Burke, McDowell of Madi- 
 son, McDuffie, McNeill of Cumberland, Michal, Myers, Os- 
 borne, Rhodes, RuflEin, Sanders, Schenck, Setzer, Shipp, Smith 
 of Johnston, Smith of Macon, Spruill of Bertie, Starbuck, 
 Williamson, Wilson and Woodfin — 44. 
 
 [On motion of Mr. Donnell, leave of absence from and after 
 to-day, was granted to Messrs. Atkinson, Satterthwaite and 
 Warren.] 
 
 Mr. Badger moved to amend the ordinance by inserting after 
 the word money, the words " or creating a debt of the State or 
 imposing any charge on the State," on which the ayes and noes 
 were ordered, on his motion, and resulted in the affirmative, as 
 follows : 
 
 Ayes— Messrs. Allison, Badger, Batchelor, Battle of Edge- 
 combe, Battle of Nash, Battle of Wake, Bunting, Calloway, 
 Cannon, Cunningham, Darden, Dickson, Dillard, Edwards, 
 Eller, Foster of Ashe, Foster of Randolph, Gorrell, Headen, 
 Holmes, Houston, Howard, Johnston, Jones of Rowan, Leak 
 of Richmond, Manning, McNeill of Harnett, Merritt, Miller, 
 Mitchell, Moseley, Pettigrew, Rayner, Rhodes, Royster, Ruffin, 
 Sanders, Setzer, Smith of Johnston, Spruill of TyiTell, Strong 
 of Mecklenburg, Thompson, Thornton, Warren, Williams, 
 Williamson and Wooten — 47. 
 
 Noes — Messrs. Barnes, Berry, Bogle, Brown, Bryson, Chris- 
 tian, Douthitt, Durham, Gilmer, Graham, Hearne, Jones of 
 Caldwell, Joyce, Kittrell, Long, Mann, McDuffie, McNeill of 
 
1862.] STATE CONVENTION. 65 
 
 Cumberland, Michal, Myers, Osborne, Pcnland, Phifer, Schcnck>, 
 Shlpp, Smith of Macon, Speed, Spruill of Bertie, Starbuck, 
 Sutherland, Wilson and Woodfin — 32. 
 
 Mr. Rayner moved to insert after the word "law," the words 
 "or law for the incorporation or extension of the charter of 
 any bank or corporation with banking privileges," on which the 
 ayes and noes were ordered, on the motion of Mr. Rayner, and 
 resulted in the negative, as follows : 
 
 Ayes — Messrs. Allison, Badger, Batchelor, Battle of Edge- 
 combe, Battle of Nash, Brown, Bunting, Calloway, Cannon, 
 Cunningham, Darden, Dickson, Dillard, Foster of Ashe, Holmes, 
 Houston, Howard, Jones of Rowan, Leak of Richmond, McNeill 
 of Harnett, Merritt, Mitchell, Moseley, Pettigrew, Rayner, 
 Rhodes, Royster, Ruffin, Smith of Johnston, Spruill of Tyrrell, 
 Starbuck, Strong of Mecklenburg, Thompson, Thornton, Wil- 
 liams and Wooten — 36. 
 
 NoEP— Messrs. Barnes, Berry, Bogle, Bryson, Christian, 
 Douthitt, Durham, Eller, Foster of Randolph, Gilmer, Gorrell, 
 Graham, Hamlin, Hearne, Headen, Johnston, Jones of Caldwell, 
 Joyce, Kittrell, Long, Manning, McDowell of Burke, McDowell 
 of Madison, McDuffie, McNeill of Cumberland, Michal, Miller, 
 Myers, Osborne, Penland, Sanders, Schenck, Shipp, Smith of 
 Macon, Speed, Wilson and Woodfin — 37. 
 
 On motion, the Convention took a recess until 4 o'clock. 
 
 4 O'clock, P. M. 
 
 Mr. Myers moved to suspend the rules so as to take up the 
 resolution heretofore introduced by him, in relation to a supply 
 of salt, on which the ayes and noes were ordered, on motion of 
 Mr. McDuffie, and resulted in the arffirmative, as follows : 
 
 Ayes— Messrs. Barnes, Batchelor, Battle of Edgecombe, 
 Battle of Nash, Battle of Wake, Brown, Bunting, Cunningham, 
 Darden, Dickson, Dillard, Durham, Edwards, Foster of Ashe, 
 Greenlee, Holden, Holmes, Houston, Howard, Johnston, Leak 
 of Anson, Leak of Richmond, McDowell of Burke, Michal, 
 
66 JOURNAL OF THE [4th Session, 
 
 Miller, Myers, Osborne, Pcnland, Phifor, Rhodes, Royster, 
 Sanders,, Schcnck, Setzcr, Shipp, Spruill of Tyrrell, Strong of 
 Mecklenburg, Thompson, Thornton, Williams, Williamson and 
 Woodfin— 42. 
 
 Noes — Messrs. Badger, Bagley, Berry, Bogle, Bryson, Cal- 
 loway, Cannon, Christian, Douthitt, Eller, Foster of Randolph, 
 Gilmer, Gorrell, Graham, Hamlin, Hearne, Hcaden, Jones of 
 Caldwell, Jones of Rowan, Joyce, Long, Mann, Manning, Mc- 
 Duffie, McNeill of Cumberland, McNeill of Harnett, Mitchell, 
 Mosclcy, Rayner, Ruffin, Starbuck, Sutherland, Wilson and 
 Wooten — 34. 
 
 The unfinished business of yesterday was taktin up, the ques- 
 tion being on the substitute offered by Mr. Foster, of Randolph. 
 Mr. Batchelor moved that it lie on the table, on which the 
 ayes and noes were ordered, on motion of Mr. Foster, of Ran- 
 dolph, and resulted in the negative, as follows ; 
 
 Ayes — Messrs. Batchelor, Battle of Edgecombe, Battle of 
 Nash, Berry, Brown, Cannon, Cunningham, Darden, Dillard, 
 Douthitt, Edwards, Graham, Greenlee, Holmes, Houston, How- 
 ard, Jones of Caldwell, Jones of Rowan, McDowell of Burke, 
 Michal, Miller, Mitchell, Myers, Penknd, Phifer, Rhodes, 
 Royster, Sanders, Setzer, Shipp, Smith of Johnston, Strong of 
 Mecklenburg, Thornton, Williams, Williamson and Woodfin — 36. 
 Noes — Messrs. Badger, Bagley, Barnes, Battle of Wake, 
 Bogle, Bryson, Bunting, Calloway, Christian, Dickson, Dur- 
 ham, Eller, Foster of Ashe, Foster of Ra-ndolph, Gilmer, Gor- 
 rell, Hamlin, Hearne, Headen, Holden, Johnston, Joyce, Leak 
 of Anson, Leak of Richmond, Long, Mann, McDufiie, McNeill 
 of Cumberland, McNeill of Harnett, Moseley, Osborne, Petti- 
 grew, Rayner, Ruffin, Speed, Spruill of Tyrrell, Sutherland, 
 Thomas of Carteret, Thompson, Wilson and Wooten — 42. 
 
 Mr. Foster moved to amend the substitute so as to provide 
 that the lein to the State shall embrace all the property, real 
 and personal, belonging to both the eastern and western divis- 
 ions of the road, which was agreed to. 
 
 The substitute was then adopted, and the question recurring 
 on the passage of the ordinance, on its second reading, the 
 
1862.]. STATE CONVENTION. 67 
 
 ayes and noes were, ordered, on motion of Mr. Foster, of Ran- 
 dolph, and resulted in the affirmative, as follows : 
 
 Ayes — Messrs. Badger, Barnes, Battle of Wake, Bryson, 
 Calloway, Christian, Douthitt, Eller, Foster of Ashe, Foster of 
 Randolph, Gilmer, Gorrell, Graham, Hamlin, Hcaden, Ilolden, 
 Jones of Caldwell, JoyCe, Kittrell, Leak of Richmond, Long, 
 Manning, McDuffie, McNeill of Cumberland, McNeill of Har- 
 nett, Osborne, Pettigrcw, Rhodes, Ruffin, Smith of Macon, 
 Speed, Spruill of Bertie, Spruill of Tyrrell, Starbuck, Strong of 
 Mecklenburg, Sutherland, Washington, Wilson and Wooten — 39. 
 
 Noes — Messrs. Batchelor, Berry, Bunting, Cannon, Cunning- 
 ham, Dnrdcn, Dillard, Greenlee, Hearnc, Holmes, Houston, 
 Howard, Johnston, Jones of Rowan, Leak of Anson, Mann, 
 McDowell of Burke, McDowell of Madison, Michal, Miller, 
 JMitchell, Moseley, Myers, Pcnland, Phifer, Rayner, Royster, 
 Sanders, Setzer, Thompson, Thornton, Williams, Williamson 
 and Woodfiu — 34. 
 
 Mr. Badger moved to suspend the rules so as to put the ordi- 
 nance on the third reading to-day, on which the ayes and noes 
 were ordered, on motion of Mr. Howard, and resulted in the 
 affirmative, as follows : 
 
 Ayes— Messrs. Badger, Barnes, Battle of Wake, Bryson, 
 Calloway, Christian, Darden, Dickson, Douthitt, Eller, Foster 
 of Ashe, Foster of Randolph, Gilmer, Gorrcll, Graham, Ham- 
 lin, Headen, Holden, Johnston, Joyce, Kittrell, Leak of Rich- 
 mond, Long, Manning, McDuffie, McNeill of Cumberland, Mc- 
 Neill of Harnett, Miller, Osborne, Pettigrew, Rhodes, Ruffin, 
 Shipp, Smith of Macon, Speed, Spruill of Bertie, Spruill of 
 Tyrrell, Starbuck, Strong of Mecklenburg, Sutherland, Wash- 
 ington, Wilson and Wooten — 43. 
 
 Noes — Messrs. Batchelor, Battle of Edgecombe, Berry, 
 Bunting, Cannon, Cunningham, Dillard, Durham, Greenlee, 
 Hearne, Holmes, Houston, Howard, Jones of Caldwell, Jones 
 of Rowan, Leak of Anson, Mann, McDowell of Burke, Mc- 
 Dowell of Madison, Michal, Mitchell, Moseley, Myers, Penland, 
 Phifer, Rayner, Royster, Sanders, Setzer, Thompson, Thornton, 
 Williams, Williamson and Woodfin — 34. 
 
68 JOURNAL OF THE [4th Session, 
 
 Mr. Badger moved to adjourn, on which the ayes and noes 
 were ordered, on motion of Mr. Michal, and resulted in the 
 aflfirmative, as follows : 
 
 Ayes — Messrs. Badger, Barnes, Battle of Edgecombe, Berry, 
 Bunting, Cannon. Dickson, Durham, Edwards, Eller, Foster of 
 Randolph, Hamlin, Ileaden, Ilolden, Holmes, Houston, How- 
 ard, Johnston, Jones of Rowan, Leak of Richmond, Long, 
 McDowell of Madison, McDuffie, McNeill of Cumberland, Mc- 
 Neill of Harnett, Moseley, Myers, Osborne, Penland, Petti- 
 grew, Ruffin, Schenck, Shipp, Spruill of Bertie, Spruill of 
 Tyrrell, Strong of Mecklenburg, Sutherland, Thornton, Wil- 
 liams, Williamson, Woodfin and Wootcn — 40. 
 
 j^OES — Messrs. Batchelor, Bryson, Calloway, Christian, Cun- 
 ningham, Darden, Dillard, Douthitt, Foster of Ashe, Gilmer, 
 Gorrcll, Graham, Greenlee, Hearne, Jones of Caldwell, Joyce, 
 Leak of Anson, Mann, Manning, McDowell of Burke, Michal, 
 Miller, Mitchell, Phifer, Rayner, Rhodes, Royster, Sanders, 
 Setzer, Smith of Macon, Speed, Starbuck, Thompson, Wash- 
 ington and Wilson — 35. 
 
 The Convention then adjourned until o'clock to-morrow 
 morning. 
 
 IN CONVENTION, Wednesday, May 7, 18G2. 
 
 The President called the Convention to order pursuant to 
 adjournment. Prayer by Rev. Thomas E. Skinner, of the 
 Baptist Church. 
 
 Mr. Rayner offered a resolution in regard to the Board of 
 Claims. On motion the rules were suspended and the resolu- 
 tion was agreed to. 
 
 Mr. Gilmer introduced an ordinance to provide bounty for 
 Partisan Rangers, raised and accepted by the State, which 
 passed its first reading. 
 
 The President laid before the Convention a communication 
 from the Board of Claims in relation to an error in the allow- 
 ance of the claim of Alamance county. 
 
1862.] STATE CONVENTION. 69 
 
 Mr. RuflBii offered a resolution authorizing the Public Treas- 
 urer to pay said claim, and, the rules being suspended, the 
 resolution was adopted. 
 
 The President announced the following committee on the 
 resolution of Mr. Rayncr, adopted this morning, viz : Messrs. 
 Rayner, Woodfin and Gorrell. 
 
 Mr. Moseley introduced an ordinance to exempt the property 
 of delinquent soldiers from a double tax, which passed its first 
 reading. On his motion the rules were suspended, the ordi- 
 nance passed the second and third readings and ordered to be 
 enrolled. 
 
 Mr. Osborne introduced an ordinance to incorporate the 
 Seponab Iron Manufacturing Company, which passed its first 
 reading. 
 
 He moved to suspend the rules, that the ordinance might be 
 put on its passage to-day, on which the ayes and noes were 
 ordered, on motion of Mr. Battle, of Wake, and resulted in 
 the affirmative, as follows : 
 
 Ayes — Messrs. Bagley, Battle of Nash, Battle of Wake, 
 Bryson, Calloway, Christian, Dickson, Douthitt, Durham, Ed- 
 wards, Ellcr, Foster of Ashe, Foster of Randolph, Gilmer, 
 Gorrell, Graham, Greenlee, Hamlin, Hearnc, Headen, Holden, 
 Houston, Johnston, Jones of Caldwell, Jones of Rowan, Joyce, 
 Leak of Anson, Leak of Richmond, Long, Manning, McDuffie, 
 McNeill of Cumberland, McNeill of Harnett, Merritt, Miller, 
 Mitchell, Osborne, Phifer, 'Rhodes, Royster, Ruffin, Schenck, 
 Setzer, Smith of Johnston, Spruill of Bertie, Spruill of Tyr- 
 rell, Starbuck, Strong of Mecklenburg, Thompson, Thornton, 
 Wilson and Wooten — 51. 
 
 Noes — Messrs. Allison, Barnes, Batchclor, Berry, Bogle, 
 Cannon, Darden, Dillard, Mann, McDowell of Burke, Moseley, 
 Myers, Pcnland, Sanders, Sutherland and Woodfin — 16. 
 
 The ordinance then passed the second and third readings, 
 and was ordered to be enrolled. 
 
 Mr. Barnes, from the committee to whom was referred the 
 ordinance to amend the ordinance to give to certain officers and 
 •oldiera the right to vote, reported a substitute therefor, and 
 
70 JOURNAL OF THE [4th Session, 
 
 recommended its passa^ge. lie moved to suspend the rules, so 
 that the ordinance might be considered now, which was agreed to. 
 
 The substitute recommended by the committee was then 
 adopted, and the ordinance, as thus amended, passed the second 
 reading. 
 
 It was then read the third time, passed, and ordered to be 
 enrolled. 
 
 The committee on Enrollments reported, as correctly enrolled, 
 
 The ordinance in regard to the Board of Claims ; 
 
 The ordinance in favor of Rev. F. V. Hoskins ; 
 
 The resolution to pay the claim due Alamance county ; and, 
 
 The ordinance to amend the ordinance giving to certain offi- 
 cers and soldiers the right to vote ; 
 
 And the same were severally ratified in due form. 
 
 The special order, being the ordinance in relation to the leg- 
 islative department of the Constitution, was now taken up. 
 
 Mr. Setzer moved to postpone the consideration of the ordi- 
 nance, on which the ayes and noes were ordered, on motion of 
 Mr. Battle, of Wake, and resulted in the affirmative, as follows : 
 
 Ayes — Messrs. Bagley, Barnes, Batchelor, Battle of Edge- 
 combe, Battle of Nash, Brown, Bunting, Caldwell, Cunningham, 
 Darden, Dickson, Dillard, Durham, Edwards, Foster of Ashe, 
 Greenlee, Holmes, Houston, Howard, Johnston, Jones of Rowan, 
 Leak of Anson, Leak of Richmond, McDowell of Burke, Mc- 
 Dowell of Madison, McDuffie, McNeill of Cumberland, McNeill 
 of Harnett, Miller, Moseley, Myers, Penland, Phifer, Rayner, 
 Royster, Sanders, Schenck, Setzer, ^Strange, Strong of Meck- 
 lenburg, Sutherland, Thompson, Thornton, Washington, Wil- 
 liamson, Woodfin and Wootcn — 47. 
 
 Noes — Messrs. Allison, Badger, Bogle, Bryson, Calloway, 
 Cannon, Donnell, Douthitt, Foster of Randolph, Gilmer, Gor- 
 rell, Graham, Hamlin, Holden, Jones of Caldwell, Joyce, Kit- 
 trell, Lindsay, Long, Mann, Manning, Merritt, Michal, Mitchell, 
 Pettigrew, Rhodes, Ruffin, Smith of Johnston, Smith of Macon, 
 Speed, Spruill of Bertie, Starbuck and Wilson — 34. 
 
 The ordinance to provide a supply of salt was now taken up. 
 After some discussion of the subject, Mr. Gorrell moved to 
 
1862.] STATE CONVENTION. 71 
 
 recommit it to the committee, on which the ayes and noes were 
 ordered, on motion of Mr. Rayncr, and resulted in the nega- 
 tive, as follows : 
 
 Ayes — Messrs. Allison, Badger, Battle of Edgecombe, Berry, 
 Brown, OalloM'ay, Christian, Donncll, Douthitt, Eller, Gorrell, 
 Graham, Hamlin, Hearne, Ilcaden, Ilolden, Holmes, Houston, 
 Jones of Caldwell, Joyce, Mann, McNeill of ILrrnctt, Meares, 
 Mitchell, Osborne, Pettigrew, Phifcr, Rhodes, Ruffin, Sanders, 
 Smith of Macon, Spruill of Bertie, Starbuck, Strange, Wash- 
 ington and Wilson — 36. 
 
 Noes — Messrs. Bagley, Barnes, Batchelor, Buttle of Wake, 
 l>ogle, Bunting, Caldwell, Cunningham, Darden, Dickson, Dil- 
 lard, Durham, Edwards, Foster of Ashe, Foster of Randolph, 
 Gilmer, Greenlee, HowA.rd, Johnston, Jones of Rowan, Leak 
 of Anson, Leak of Richmond, Long, Manning, McDoAvell of 
 Burke, McDowell of JIadison, McDuffic, McNeill of Cumber- 
 land, Merritt, Miller, Moseley, Myers, Penland, Rayner, Roys- 
 ter, Schenck, Sotzer, Smith of Johnston, Strong of Mecklen- 
 burg, Sutherland, Thompson, Thornton, AVilliams, AVoodfin and 
 Wooten— 45. 
 
 Messrs. Leak of Richmond, Long and Manning, offered 
 amendments, pending the consideration of which, the ordinance 
 was recommitted, on motion, to the committee, with instruction 
 to report this afternoon at 4 o'clock. 
 
 The ordinance in relation to the Legislative Department Avaa 
 then resumed. 
 
 Mr. Woodfin moved to amend the 2nd section of the 3rd arti- 
 cle so as to make federal population tlie basis of the Senate, 
 instead of taxation. On this question the ayes and noes were 
 ordered, on motion of Mr. Badger, and resulted in negative, ns 
 follows : 
 
 Ayes — Messrs. Bryson, Durham, Foster of Ashe, Jones of 
 Rowan, Leak of Richmond, McDowell of Burke, McDowell of 
 Madison, Miclial, IMiller, Mitchell, Penland, Schenck, Setzer, 
 Shipp, Smith of Macon, Strong of Mecklenburg, and Wood- 
 fin— 19. 
 
 60 
 
72 JOURNAL OF THE [4th Session, 
 
 Noes — Messrs. Allison, Badger, Bagloy, Barnes, Batclielor, 
 Battle of Edgecombe, Battle of N;vsli, Battle of Wake, Berry, 
 Bogle, Brown, Bunting, Calloway, Cannon, Cunningham, Dar- 
 den, Dickson, Dillard, Donncll, Douthitt, Edwards, Eller, Fos- 
 ter of Randolph, Gilmer, Gorrcll, Graham, Greenlee, Hamlin, 
 Hearne, Headen-, Holmes, Houston, Howard, Jones of Cald- 
 well, Joyce, Kittrell, Leak of Anson, Long, Mann, Manning, 
 McNeill of Cumberland, Mcares^ Moseley, Myers, Osborne, 
 Pettigrew, Rayner, Rhodes, Ruffin, Sanders, Speed, Spruill of 
 Bertie, Spruill of Tyrrell, Starbuck, Strange, Sutherland, 
 Thompson, Thornton, Washington, Williamson, Wilson and 
 Wooten— 62. 
 
 The hour having arrived, the Convention took a recess till 4 
 o'clock. 
 
 4 O'clock, P. M. 
 
 On motion of Howard, the comnjittee on the report of the 
 Board of Claims, was discharged from further consideration of 
 the subject. 
 
 The ordinance in relation to the Cheraw and Coalfields Rail- 
 road, was taken up and read the second time. 
 
 Mr. Batchelor moved to lay it on the table, on which the 
 ayes and noes were ordered, on motion of Mr. Cunningham, 
 and resulted in the negative, as follows : 
 
 Ayes — Messrs. Bagley, Batchelor, Bunting, Cunninglmm, 
 Darden, Dickson, Dillard, Greenlee, Holmes, Howard, John- 
 ston, Penland, Rhodes, Royster, Schenck, Strong of Mecklen- 
 burg, Thompson, Thornton, Williams and Williamson — 20. 
 
 Noes — Messrs. Badger, Barnes, Battle of Nash, Battle of 
 Wake, Berry, Bogle, Bryson, Caldwell, CalloAvay, Cannon, 
 Christian, Douthitt, Durham, Eller, Foster of Ashe, Foster of 
 Randolph, Gilmer, Gorrell, Headen, Holden, Houston, Jones 
 of Rowan, Joyce, Kittrell, Leak of Anson, Leak of Richmond, 
 Long, Manning, McDowell of Burke, McDuiBfie, McNeill of 
 Cumberland, McNeill of Harnett, Merritt, Miller, Pettigrew, 
 
 
1862.] STATE CONVENTION. 73 
 
 Ruffin, Sanders, Sliipp, Smith of Macon, Speed, Spruill of 
 Tyrrell, Starbuck, Sutherland, Wilson and Wooten — 45. 
 
 Mr. Christian now offered an amendment, providing that the 
 company shall expend as much money in construction on the 
 northern as on the southern side of the Wilmington, Charlotte 
 and Rutherford Railroad, and do the same, pari jyassi ; that 
 they shall not cross said road more than twelve miles west of 
 Rockingham, and, \mder penalty of a forfeiture of their char- 
 ter, shall complete the same to the Coalfields, in Chatham 
 county, within five years after the termination of the present 
 war ; and the amendments were agreed to. 
 
 Tlie ordinance then pa.ssed the second reading. 
 
 Mr. Badger moved to suspend the rules and put the ordi- 
 nance, now, on its third reading, on which the ayes and noes 
 were ordered, on motion of Mr. Plolmes, and resulted as follows: 
 
 Ayes — Messrs. Allison, Badger, Barnes, Battle of Nash, 
 Battle of Wake, Berry, Bogle, Caldwell, Calloway, Cannon, 
 Christian, Dick, "Douthitt, Durham, Eller, Foster of Ashe, Fos- 
 ter of Randolph, (.Jilmer, Gorrell, Graham, Ileaden, Holden, 
 Houston, Jones of Caldwell, Jones of Rowan, Joyce, Kittrell, 
 ' Leak of Anson, Long, Mann, Manning, McDuffie, McNeill of 
 Cumberland, McNeill of Harnett, Merritt, Michal, Miller, 
 Myers, Phifer, Sanders, Schenck, Shipp, Smith of Macon, 
 Speed, Spruill of I'^yrrell, Starbuck, Sutherland, Washington, 
 Williams, Wilson and Woodfin — 51. 
 
 Noes — Messrs. ]3agley, Batchelor, Battle of Edgecombe, 
 Bunting, Cunningham, Darden, Dickson, Dillard, Green, Green- 
 lee, Holmes, Howarvl, Johnston, Leak of Richmond, McDowell 
 of Burke, McDowell of Madison, Meares, Moseley, Osborne, 
 Penland, Pettigrew, Rayner, Rhodes, Royster, Ruffin, Strange, 
 Thompson, Thornton, W^illiamson and Wooten — 30. 
 
 Two-thirds not voting in the afllrmntive, the rules were not 
 suspended. 
 
 Mr. Manning, from the committee on the supply of salt, 
 reported a substitute for the ordinance recommitted to the 
 committee, which was adopted, and as thus amended, the ordi- 
 nance passed the third reading, and was ordered to be enrolled. 
 
74 JOURNAL OF THE [4th Session, 
 
 Mr. Woodfin offered a resolution in relation to adjournment, 
 but objection to its reception was made, and the objection was 
 sustained by tbe decision of the chair. 
 
 An appeal fi'om the decision of the chair was made, and the 
 question being put, "Shall the decision of the chair stand as 
 the judgment of the House ?" it was decided in the affirmative, 
 as follows : 
 
 AYES-^Messrs. Allison, Bagley, Barnes, Batchelor, Battle of 
 Edgecombe, Battle of Wake, Berry, Bogle, Bryson, Bunting, Cal- 
 loway, Christian, Dick, Dickson, Douthitt, Durham, Eller, Foster 
 of Ashe, Foster of Randolph, Gilmer, Gorrell, Graham, Headen, 
 Holden, Houston, Jones of Caldwell, Jones of Rowan, Joyce, 
 Kittrell, Leak of Anson, Leak of Richmond, Long, Mann, 
 Manning, McDuffie, McNeill of Cumberland, McNeill of Har- 
 nett, Meares, Merritt, Miller, Mitchell, Myers, Osborne, Petti- 
 grew, Phifer, Rhodes, Royster, Ruffin, Shipp, Smith of Macon, 
 Speed, Spruill of Tyrrell, Starbuck, Strange and Wilson — 55. 
 
 Noes — Messrs. Cunningham, Darden, Dillard, Greenlee, 
 Johnston, McDowell of Burke, McDowell of Madison, Michal, 
 Schenck, Setzer, Sutherland, Thompson, Thornton, Williams, 
 Woodfin and Wooten — 16. 
 
 And then the Convention took a recess until 7^ o'clock. 
 
 7 J O'clock, P. M. 
 
 The Convention reassembled, Mr. Rayner in the chair. 
 
 The ordinance to provide for the collection of taxes was 
 taken up on the third reading, passed, and ordered to be 
 enrolled. 
 
 An ordinance to enforce certain penalties on the banks of 
 this State in case they refuse to receive the Treasury notes of 
 the State, was, on motion, ordered to lie on the table. 
 
 The ordinance to effect a communication, by railroad, between 
 Fayetteville and Florence, S. C, was taken up and passed the 
 second reading. 
 
1862.] STATE CONVENTION. 75 
 
 Mr. Howard introduced an ordinance to authorize the Public 
 Treasurer to pay certain claims allowed by the Board of Claims, 
 which passed the first reading. 
 
 On his motion the rules were suspended, the ordinance passed 
 the second and third readings, and was ordered to be enrolled. 
 
 The resolution in relation to a magnetic telegraph between 
 certain places was, on motion of Mr. McDuffie, ordered to lie 
 on the table. 
 
 The ordinance in relation to the raising of troops for local 
 defense, was, on motion, ordered to lie on the table. 
 
 The ordinance to authorize the Miners' and Planters' Bank 
 to establish a branch or agency -east of the Blue Rido-e was 
 read the second time. 
 
 Mr. Battle, of Wake, ofl\}red to amend as follows : Tliat 
 hereafter all the subscrijrtion to the capital stock of said bank 
 shall be paid in full, within twelve months from the date thereof 
 and it Avas agreed to. 
 
 Mr. Kittrell moved to amend as follows: Provided that the 
 entire circulation of said bank shall be redeemable at said 
 branch, which Avas not agreed to. 
 
 The ordinance then passed its second readino-. 
 
 On motion of Mr. Setzer, the rules were suspended and it 
 was read the third time, passed", and ordered to be enrolled. 
 
 Mr. Jones, of RoAvan, moved to reconsider the vote by Avhich 
 the ordinance passed the third reading, and it Avas not agreed to. 
 
 On motion of Mr. Setzer the Convention adjourned. 
 
 IN CONVENTION, Thurslay, May 8, 1862. 
 
 The President called the Convention to order pursuant to ad- 
 journment. 
 
 The journal of yesterday Avas read and approved. 
 
 Mr. Graham offered a resolution instructing the committee 
 on Military Affairs to inquire into the propriety of appropria- 
 ting a sum sufficient to equip a company with Capt. Edwards' 
 Rifle Battery, and to pay him for the limited use of his invention. 
 
76 JOURNAL OF THE [4th Session, 
 
 Mr. IIoAvard introduced an ordinance explanatory of an 
 ordinance to amend an ordinance to raise North Carolina's 
 quota of Confederate troops, whixjli passed its first reading. 
 On his motion, the rules "were suspended, and the ordinance 
 read the second time. 
 
 After considerable discussion ol' the subject, Mr. Howard 
 offered a substitute for the same, pending the consideration of 
 Avhich, 
 
 Mr. Barnes moved to refer the Avhole matter to a select com- 
 mittee, on which the ayes and noes were ordered, on motion of 
 Mr. Badger, and resulted in affirmative, as follows: 
 
 Ayes — Messrs. Allison, Badge]-, Barnes, Battle of Wake, 
 Berry, Bogle, Bryson, Cannon, Dick, Durham, Eller, Foster of 
 Ashe, Foster of Randolph, Gilmer, Gorrell, Graham, Hamlin, 
 Headen, Holden, Houston, Jones of Cakhvell, Jones of Rowan, 
 Kittrell, Leak of Anson, Long, Mann, Manning, Merritt, Mil- 
 ler, Mitchell, Myers, Osborne, Phifer, Ruffin, Sanders, Shipp, 
 Smith of Halifax, Smith of Johnston, Smith of Macon, Speed, 
 Spruill of Bertie, Spruill of Tyrrell, Starbuck, Thomas of Car- 
 teret, Washington and Wilson— 4G. 
 
 Noes — Messrs. Bagley, Batchelor, Brown, Bunting, Callo- 
 way, Cunningham, Darden, Dickson, Dillanl, Edwards, Green, 
 Greenlee, Holmes, HoAvard, Joyce, McDowell of Burke, Mc- 
 Duffie, McNeill of Cumberland, McN^eill of Harnett, Michal, 
 Moseley, Penland, Pettigrew, Rayner, Rhodes, Royster, 
 Schenck, Setzer, Strange, Sutherland, Thompson, Thornton, 
 Williams, Williamson, Woodfin and AVooten — 36. 
 
 Mr. Smith, of Macon, from the committee on Enrollments, 
 reported as correctly enrolled^ the ordinance to authorize the 
 Public Treasurer to pay certain claims allowed by the Board of 
 Claims, and the same was ratified in due form. 
 
 Mr. Mitchell introduced an ordinance in relation to the 
 bounty to solders, which passed the first reading, and was 
 referred to the select committee rai.^ed on the motion of Mr. 
 Barnes. 
 
 Mr. Shipp offered a resolution in relation to the claim of 
 Haywood county, which was agreed to, under a suspension of 
 the rules. 
 
1862.] STATE CONVENTION. 77 
 
 The President announced the following committee on the 
 ordinances introduced by Mr. Howard and by Mr. Mitchell : 
 Messrs. Barnes, Howard, Pettigrew, Brown and Strange. 
 
 Mr. Smith, of Macon, from the select committee on repairs 
 to the Western Turnpike, reported the ordinance back with an 
 amendment, and recommended its passage. 
 
 Mr. Battle, of Wake, offered a resolution calling on the 
 Governor for official reports of the late battle at Newborn, 
 which was agreed to under a suspension of the rules. 
 
 Mr. Woodfin asked leave to introduce a resolution relating 
 to adjournment, and objection being made that the hour for the 
 introduction of resolutions was passed, the question was put, 
 "Shall he have leave ?" on which the ayes and noes were or- 
 dered, on motion of Mr. Howard, and resulted in the negative, 
 as follows : 
 
 Ayes — Messrs. Batchelor, Battle of Nash, Berry, Brown, 
 Bunting, Dardcn, Dickson, Dillard, Durham, Green, Holmes, 
 Houston, Howard, Jones of Rowan, Leak of Anson, McDowell 
 of Burke, Michal, Miller, Mitchell, Moseley, Rayner, Royster, 
 Sanders, Schenck, Setzer, Shipp, Strange, Sutherland, Thomp- 
 son, Thornton, Williams, Williamson- and Woodfin — 33. 
 
 Noes — Messrs. Allison, Badger, Barnes, Battle of Edge- 
 combe, Battle of Wake, Bogle, Bryson, Calloway, Cannon 
 Dick, Eller, Foster of Ashe, Foster of Randolph, Gilmer, Gra- 
 ham, ileaden, Holden, Jones of Caldwell, Joyce, Kittrell 
 Lindsay, Long, Mann, Manning, Meares, Merritt, Myers, Os- 
 borne, Rhodes, Smith of Halifax, Smith of Macon, Speed, 
 Spruill of Bertie, Spruill of Tyrrell, Starbuck, Thomas of Cer- 
 teret, Washington and Wilson — 38. 
 
 By consent, Mr. Schenck introduced tlie following resolution; 
 
 Resolved, That when the Convention shall be dissolved, that 
 the Principal Secretary shall have printed five hundred copies 
 of its journal ; two copies to be furnished to every former 
 and present delegate to the Convention ; two to each of the 
 Secretaries of the Convention ; two to the library of the Uni- 
 versity ; one to each County and Superior Court clerk's office 
 in the State, and one-half of the residue to be deposited in the 
 
n JOURNAL OF THE [4th Session, 
 
 office of the Secretary of State, and the other half to the 
 public Library of the State, and that the Secretary be allowed 
 the sum of one hundred dollars for transcribing the journals. 
 
 On motion, the rules were suspended and the resolution 
 was agreed to. 
 
 Mr. Osborne, from the select committee on the memorial from 
 citizens of Mecklenburg county asking State aid for a Rifle 
 Factory, reported a resolution granting the aid asked, which 
 passed its first reading. 
 
 He moved to suspend the rules so as to give the resolution 
 its several readings to-day, on which the ayes and noes w^ere 
 ordered, on motion of Mr. Merritt, and resulted in the negative, 
 (two-thirds not voting therefor) as follows : 
 
 Ayes — Messrs. Badger, Bagley, Batchelor, Battle of Edge- 
 combe, Battle of Nash, Battle of Wake, Brown, Bryson, Bunt- 
 ing, Cunningham, Darden, Dickson, Dillard, Durham, Graham, 
 Holmes, Houston, Lindsay, McDowell of Burke, McDufRe, 
 McNeill of Cumberland, Miller, Moseley, Osborne, Pettigrew, 
 Rhodes, Royster, Ruffin, Schenck, Shipp, Spruill of Bertie, 
 Starbuck, Strange, Sutherland, Thompson, Williams, William- 
 son, Wilson, Woodfin and Wooten — 40. 
 
 Noes — Messrs. Allison, Barnes, Berry, Bogle, Calloway, 
 Cannon, Christian, Dick, Eller, Foster of Ashe, Foster of Ran- 
 dolph, Gilmer, Gorrell, Holden, Jones of Caldwell, Jones of 
 Rowan, Joyce, Long, Mann, Manning, Meares, Merritt, Mitchell, 
 Myers, Penland, Rayner, Sanders, Setzer, Smith of Halifax, 
 Smith of Johnston, Speed, Spruill of Tyrrell, Thomas of Car- 
 teret, Thornton and Washington — 35. 
 
 The ordinance relating to the Legislative Department, being 
 the special order, was now taken up, pending the consideration 
 of which, the hour arrived and the Convention took a recess 
 until 4 o'clock. 
 
 4 O'clock, P. M. 
 The Convention proceeded to the consideration of the busi- 
 ness on the calendar. 
 
1862.] STATE CONVENTION. 79 
 
 The resolution to exempt Justices of the Peace from militia 
 drill, was, on motion of Mr. Woodfin, laid on the table. 
 
 The ordinance to restore the courts was now taken up. 
 
 Mr. RufRn moved to amend by striking out the second section. 
 
 Mr. Thompson moved to lay the subject on the table, on 
 which the ayes and noes were ordered, on motion of Mr. Man- 
 ning, and resulted in the affirmative, as follows : 
 
 Ayes — Messrs. Batchelor, Battle of Edgecombe, Battle of 
 Nash, Bunting, Christian, Cunningham, Darden, Dickson, Dil- 
 lard, Durham, Edwards, Eller, Gorrell, Headen, Holmes, Jones 
 of Rowan, Leak of Anson, Mann, McDowell of Burke, McDuffie, 
 McNeill of Cumberland, Miller, Moseley, Pettigrew, Phifer, 
 Rhodes, Royster, Smith of Johnston, Spruill of Tyi-rell, Strange, 
 Sutherland, Thompson, Thornton, Washington, Williams, Wil- 
 liamson, Woodfin and Wooten— 29. 
 
 Noes — Messrs. Allison, Badger, Barnes, Battle of Wake, 
 Berry, Bryson, Calloway, Foster of Ashe, Foster of Randolph, 
 Gilmer, Graham, Green, Jones of Caldwell, Joyce, Kittrell, 
 Long, Manning, Merritt, Michal, Mitchell, Osborne, Ruffin, 
 Sanders, Schenck, Shipp, Smith of Halifax, Smith of Macon, 
 Speed, Starbuck, Thomas of Carteret, and Wilson — 31. 
 
 The resolution in regard to the valuation of slaves was taken 
 up, and, on motion of Mr. Batchelor, ordered to lie on the table. 
 
 The resolution to increase the salaries of the Treasurer, 
 Secretary of State and Comptroller, was taken up and read the 
 second time and passed. 
 
 On motion the rules were suspended, the resolution read the 
 third time, passed, and ordered to be enrolled. 
 
 On the third reading the ayes and noes were ordered, on 
 motion of Mr. Smith, of Macon, as follows : 
 
 Ayes — Messrs. Badger, Barnes, Batchelor, Battle of Edge- 
 combe, Battle of Nash, Battle of Wake, Bryson, Bunting, 
 Caldwell, Calloway, Christian, Cunningham, Darden, Dickson, 
 Dillard, Durham, Edwards, Eller, Foster of Randolph, Gilmer, 
 Gorrell, Holden, Holmes, Howard, Jones of Rowan, Leak of 
 Richmond, Long, Manning, McDowell of Burke, McDuffie, 
 McNeill of Cumberland, Merritt, Miller, Moseley, Osborne, 
 CI 
 
80 JOURNAL OF THE [4th Session, 
 
 Phifer, Rhodes, Royster, Ruffin, Sclienck, Smith of Halifax, 
 Speed, Strange, Sutherland, Thomas of Carteret, Thompson, 
 Thornton, Washington, Williamson, Woodfin and Wooten — 51. 
 
 Noes — Messrs. Allison, Berry, Bogle, Cannon, Foster of 
 Ashe, Graham, Headen, Jones of Cakhvell, Joyce, Mann, 
 Mitchell, Myers, Pettigrew, Sanders, Setzer, Shipp, Smith of 
 Johnston, Smith of Macon, Starbuck, Williams and Wilson — 21. 
 
 The ordinance to provide for the election of Governor and 
 members of the General Assembly, was, on motion of Mr. 
 Graham, ordered to lie on the table. 
 
 The resolution in favor of the Western North Carolina Rail- 
 road was read the second time. 
 
 On motion of Mr. Badger, it was amended as follows : " As 
 the said issues may become due according to the directions of 
 said act." 
 
 The question recurring on the passage of the resolution, the 
 ayes and noes were ordered, on motion of Mr. Starbuck, and 
 resulted in the negative, as folloAvs : 
 
 Ayes — Messrs. Badger, Brown, Bryson, Caldwell, Christian, 
 Edwards, Foster of Randolph, Gilmer, Headen, Holden, JoyGe, 
 Manning, McDowell of Burke, McDuffie, Meares, Michal, Mil- 
 ler, Osborne, Ruffin, Setzer, Shipp, Smith of Macon, Suther- 
 land and Woodfin — 24. 
 
 Noes — Messrs. Allison, Bagley, Barnes, Batchelor, Battle 
 of Edgecombe, Battle of Nash, Battle of Wake, Berry, Bogle, 
 Bunting, Calloway, Cannon, Cunningham, Darden, Dickson, 
 Pillard, Durham, Eller, Foster of Ashe, Gorrell, Graham, 
 Green, Hamlin, Holmes, Jones of Caldwell, Jones of Rowan, 
 Leak of Anson, Long, Mann, McNeill of Harnett, Mitchell, 
 Myers, Pettigrew, Phifer, Rhodes, Royster, Sanders, Smith of 
 Halifax, Smith of Johnston, Speed, Spruill of Tyrrell, Star- 
 buck, Thomas of Carteret, Thompson, Thornton, Washington, 
 Williams, Williamson, Wilson and Wooten — 50. 
 
 On motion of Mr. Badger, the Convention took up the ordi- 
 nance to enlarge the powers of the Commissioners of the city 
 of Raleigh. 
 
1862.] STATE CONVENTION. gi 
 
 The ordinance passed the second reading, and, on motion, 
 the rules were suspended, and it was read the third time. 
 
 Mr. Graham moved to amend hy adding to the second section 
 the proviso, "that any party dissatisfied with such judgment 
 shall be allowed an appeal to the next Superior Court of the 
 county," on which the ayes and noes were ordered, and resulted 
 in the affirmative, as follows: 
 
 AYES-Messrs. Allison, Bagley, Barnes, Batchelor, Battle of 
 Wake, Berry, Bogle, Brown, Bryson, Caldwell, Cannon, Chris- 
 tian, Cunningham, Dickson, Durham, Edwards, Eller, Foster 
 of Ashe, Foster of Randolph, Gilmer, Gorrell. Graham, Ham- 
 lin, Headen, Ilolden, Jon^s of Caldwell, Jones of Rowan, 
 Joyce, Leak of Anson, Long, Manninir, McDuffie, McNeill of 
 llaniett, Mitchell, Myers, Bhifer, Kuffin, Sanders, Smith of 
 Halifax^ Smith of Johnston, Speed, Starhuck, Thomas of Car- 
 teret, Washington, Williamson and Wilson 16. 
 
 Noes— Messrs. Badger, Battle of Edgecombe, Battle of Nash, 
 Bunting, Calloway, Darden, Dillard, Green, Holmes, Houston' 
 McDowell of Burke, Mcarcs, Michal, Miller, Osborne, Petti- 
 grew, Rhodes, Royster, Schcnck, Setzer, Spruill of Tyrrell, 
 Strange, Sutherland, Thompson, Thornton, Williams, Woodfin 
 and Wooten — 28. 
 
 Mr. Schenck moved to amend the second section by adding 
 the words, "and shall give ample surety for the penalty and 
 costs," which was agreed to. 
 
 On motion of Mr. Battle, of Wake, the ordinance was so 
 amended as to extend its provisions to the several cities and 
 towns of the State. 
 
 Mr. McDuffie moved to amend so that the ordinance shall 
 only apply to retailers, and it was not agreed to. 
 
 Mr. Manning moved to amend by striking out "Superior" 
 and inserting "County," before the word "Court," and it was 
 agreed to. 
 
 Mr. Sanders moved to insert " and Courts of Pleas and 
 Quarter Sessions," after the word "Commissioners," and it was 
 not agreed to. 
 
82 JOURNAL OF THE [4th Session, 
 
 The ordinance then passed the third reading, and its title 
 amended to correspond with its provisions, and it was ordered 
 to be enrolled. 
 
 Mr. Gilmer moved to suspend the rules and take up the ordi- 
 nance to complete the improvements of the Cape Fear and Deep 
 River. 
 
 Mr. Shipp moved an adjournment, on which the ayes and 
 noes were ordered, on motion of Mr. Gilmer, and resulted in 
 the negative, as follows : 
 
 Ayes — Messrs. Badger, Bagley, Batchelor, Battle of Edge- 
 combe, Berry, Bogle, Bunting, Cannon, Durham, Green, How- 
 ard, Mann, Meares, Michal, Moseley, Osborne, Rhodes, Roys- 
 ter, Schenck, Setzer, Shipp, Smith of Halifax, Smith of John- 
 ston, Spruill of Tyrrell, Strange, Sutherland, Thompson, 
 Thornton, Williams, Woodfin and Wooten — 32. 
 
 Noes — Messrs. Allison, Barnes, Battle of Nash, Battle of 
 Wake, Bryson, Caldwell, Calloway, Christian, Cunningham, 
 Darden, Dick, Dillard, Eller, Foster of Ashe, Gilmer, Gorrell, 
 Graham, Hamlin, Headen, Holden, Holmes, Jones of Caldwell, 
 Jones of Rowan, Joyce, Leak of Anson, Long, Manning, Mc- 
 Dowell of Madison, McDuffie, McNeill of Cumberland, McNeill 
 of Harnett, Miller, Mitchell, Penland, Pettigrew, Phifer, San- 
 ders, Smith of Macon, Speed, Thomas of Carteret, and Wash- 
 ington — 42. 
 
 Mr. Gorrell moved to adjourn until until 7| o'clock, which 
 was not agreed to. 
 
 Mr. Speed moved an adjournment, on which the ayes and noes 
 were ordered, on motion of Mr. Christian, and resulted in the 
 afl&rmative, as follows : 
 
 ^YEs — Messrs. Bagley, Barnes, Batchelor, Battle of Edge- 
 combe, Battle of Nash, Berry, Bogle, Bunting, Cannon, Dillard, 
 Durham, Foster of Randolph, Graham, Green, Holmes, Hous- 
 ton, Howard, Jones of Caldwell, Long, Manning, McDowell of 
 Madison, Michal, Moseley, Phifer, Rhodes, Royster, Ruffin, 
 Schenck, Setzer, Shipp, Smith of Halifax, Speed, Spruill of 
 Bertie, Strange, Sutherland, Thompson, Thornton, Williams, 
 Woodfin and Wooten— 40. 
 
1862.] STATE CONVENTION. 83 
 
 Noes — Messrs. Allison, Badger, Battle of Wake, Bryson 
 Calloway, Christian, Cunningham, Darden, Dick, Dickson 
 Eller, Foster of Ashe, Gilmer, Gorrell, Hamlin, Headen Hol- 
 den, Joyce, Leak of Ashe, McDuffie, McNeill of Cumberland 
 McNeill of Harnett, Miller, Mitchell, Penland, Pettio-rew San- 
 ders, Smith of Johnston, Smith of Macon, Starbuck, Thomas 
 of Carteret, Washington and Wilson — 33. 
 
 So the Convention adjourned until 9 o'clock to-morrow 
 morning. 
 
 IN CONVENTION, Friday, May 9, 1862. 
 
 The President took the chair and called the Convention to 
 order. Prayer by Rev. J. M. Atkinson, of the Presbyterian 
 Church. 
 
 The journal of yesterday was read and approved. 
 
 On motion of Mr. Speed, leave of absence from and after 
 to-day, was granted to Mr. Calloway. 
 
 Mr. Caldwell presented a petition from sundry citizens of 
 Rowan county on the subjects of speculation and extortion 
 which, on motion of Mr. Rayner, was ordered to lie on the table. 
 
 Mr. Battle, of Wake, from the committee on Enrollments 
 reported as correctly enrolled, 
 
 The ordinance to enlarge the powers of the corporate cities 
 and towns of the State : 
 
 The ordinance to increase the salaries of certain State officers • 
 
 An ordinance for the collection of taxes, and for other pur- 
 poses ; 
 
 The ordinance to allow the Miners' and Planters' Bank to 
 establish a branch or agency east of the Blue Ridge ; 
 
 The ordinance to incorporate the Seponab Iron company ; and 
 
 The resolution for printing the journals of the Convention ; 
 
 And the same were severally ratified in due form. 
 
 Mr. Bagley, from the committee to inquire concerning the 
 burning of the Jennie Hunter, reported an ordinance to pay 
 the owners of the cargo destroyed, which lies over one day. 
 
84 JOURNAL OF THE [4th Session, 
 
 Mr. Michal offered a resolution declaring that the State 
 ought to pay all claims of counties for money expended for 
 volunteers, which lies over one day under the rules. 
 
 Mr. Howard moved to suspend the rules so that the resolu- 
 tion may be now considered, and it was not agreed to. 
 
 Mr. Calloway introduced an ordinance to continue in service 
 men under eighteen years of age, which passed the first reading, 
 and was referred to the select committee raised on the same 
 subject yesterday. 
 
 Mr. Lindsay introduced an ordinance to pay the officers and 
 privates of the Currituck G-uards, which passed its first read- 
 ing, and was, on motioir, referred to a select committee, on 
 which the President appointed Messrs. Lindsay, Batchelor, 
 Jones of Caldwell, Spruill of Tyrrell, and Bagley. 
 
 Mr. Starbuck introduced an ordinance to modify the provis- 
 ions of sec. 13, chap. Ill, of t]ie Revised Code, so as to author- 
 ize the incorporated cities and towns of the State to tax pro- 
 perty in slaves, which passed its first reading. 
 
 Mr. Rayner presented a communication from the Board of 
 Claims in reply to a resolution of the Convention, which, on 
 motion, was ordered to lie on the table. 
 
 On motion of Mr. Ruffin, leave of absence from and after 
 to-day was granted to Mr. Williamson. 
 
 Mr. McDowell, of Madison, offered a resolution in relation 
 to the claim of Madison county, which lies over one day. 
 
 Mr. Shipp introduced an ordinance in relation to the Green- 
 ville and French Broad Railroad, which passed its first reading. 
 
 The ordinance in relation to the Legislative Department of 
 the Constitution, being the special order of the day, was now 
 taken up. 
 
 Mr. Brown moved to lay the ordinance on the table, on which 
 the ayes and noes were ordered, on motion of Mr. Gorrell, and 
 resulted in the negative, as follows : 
 
 A.YES — Messrs. Bagley, Batchelor, Battle of Edgecombe, 
 Battle of Nash, Brown, Bunting, Caldwell, Cunningham, Dar- 
 den, Dickson, Dillard, Durham, Edwards, Holmes, Houston, 
 Howard, Jones of Rowan, Leak of Anson, McDowell of Burke, 
 
1862.] STATE CONVENTION. 85 
 
 McDowell of Madison, Michal, Moscley, Pcnland, Rayncr, Roys- 
 ter, Sclicnck, Setzer, Smith of Halifax, Strange, Sutherland, 
 Thompson, Thornton, Washington, Williams, Williamson, Wood- 
 fin and Wooten — 39. 
 
 Noes — Messrs. Allison, Battle of Wake, Berry, Bogle, Bry- 
 son, Calloway, Cannon, Christian, Dick, Eller, Foster of Ashe, 
 Foster of Randolph, Goi'rell, Graham, Hamlin, Headen, Hol- 
 den, Jones of Caldwell, Joyce, Lindsay, Long, Mann, Manning, 
 McNeill of Cumberland, McNeill of Harnett, Meares, Miller, 
 Mitchell, Myers, Pettigrew, Phifer, Rhodes, Ruffin, Sanders, 
 Shipp, Smith of Johnston, Smith of Macon, Speed, Starbuck, 
 Thomas of Carteret, and Wilson — 41. 
 
 Mr. Battle, of Wake, moved to amend by adding to clause 
 3, of section 3, as follows: "Or two-thirds of the members of 
 each House present." 
 
 Mr. Michal moved to amend the amendment by striking out 
 " two- thirds," and inserting "seven-eighths," which Avas not 
 agreed to. 
 
 The question recurred on the amendment proposed by Mr. 
 Battle, of Wake, on which the ayes and noes were ordered, on 
 his motion, and resulted in the affirmative, as follows : 
 
 Ayes — Messrs. Allison, Battle of Edgecombe, Battle of 
 Wake, Bogle, Brown, Bryson, Caldwell, Calloway, Dick, Dur- 
 ham, Eller, Foster of Ashe, Foster of Randolph, Gilmer, Gor- 
 rell, Graham, Green, Hamlin, Headen, Holden, Houston, Jones 
 of Rowan, Joyce, Lindsay, Long, Mann, McDowell of Burke, 
 McDowell of Madison, JSIcNeill of Cumberland, McNeill of 
 Harnett, Mearcs, Miller, Mitchell, Myers, Osborne, Penland, 
 Pettigrew, Phifer, Rhodes, Royster, Ruffin, Schenck, Shipp, 
 Smith of Johnston, Smith of Macon, Spruill of Bertie, Spruill 
 of Tyrrell, Starbuck, Strange, Sutherland, Thomas of Carteret, 
 Williamson, Wilson and Woodfin — 54. 
 
 Noes — Messrs. Bagley, Batchelor, Battle of Nash, Berry, 
 Bunting, Cannon, Christian, Cunningham, Darden, Dickson, 
 Holmes, Jones of Caldwell, Leak of Anson, Manning, McDuffie, 
 Michal, Moseley, Rayner, Sander.s, Setzer, Smith of Hali- 
 fax, Speed, Thompson, Thornton, Washington, Williams and 
 Wooten— 29. 
 
86 JOURNAL OF THE [4th Session, 
 
 Mr. Thompson moved to insert after the word " dollars," 
 the words "or revenue law imposing additional taxes," which 
 was not agreed to. 
 
 Mr: Calloway offered an additional section, as follows : The 
 legislature shall not pass any act or resolution taxing the pro- 
 perty or estate of any person or class of persons and exempt 
 from taxation the same kind of property or estate in the hands 
 of others, nor at a less rate of taxation, except the property or 
 estate of literary, religious or charitable institutions, or public 
 property. 
 
 Pending the consideration of the amendment, 
 
 Mr. Badger moved to postpone the consideration of the sub- 
 ject until the next session of the Convention, on which question 
 the ayes and noes were ordered, on motion of Mr. Speed, and 
 resulted in the negative, as follows : 
 
 Ayes — Messrs. Bagley, Barnes, Batchelor, Battle of Nash, 
 Brown, Bunting, Caldwell, Cannon, Cunningham, Darden, 
 Dickson, Duriiam, Edwards, Holmes, Howard, Jones of Rowan, 
 Leak of Anson, McDowell of Burke, McDowell of Madison, 
 McDuffie, McNeill of Cumberland, Michal, Moseley, Pettigrew, 
 Rayner, Royster, Smith of Halifax, Strange, Sutherland, 
 Thompson, Thornton, Williams and VVooten — 33. 
 
 Noes— -Messrs. Allison, Battle of Edgecombe, Battle of 
 Wake, Berry, Bryson, Calloway, Christian, Dick, Eller, Foster 
 of Ashe, Foster of Randolph, Gilmer, Gorrell, Graham, Ham- 
 lin, Holden, Jones of Caldwell, Joyce, Lindsay, Long, Manning, 
 McNeill of Harnett, Meares, Miller, Mitchell, Osborne, Pen- 
 land, Phifer, Rhodes, RuiRn, Sanders, Schenck, Setzer, Shipp, 
 Smith of Johnston, Smith of Macon, Speed, Spruill of Bertie, 
 Starbuck, Thomas of Carteret, Washington, Wilson and Wood- 
 fin-44. 
 
 The question then recurred on the amendment of Mr. Callo- 
 way, on which the ayes and noes were ordered, on his motion, 
 and resulted in the negative, as follows : 
 
 Ayes — Messrs. Bryson, Calloway, Eller, Foster of Ashe, 
 Hamlin, Jones of Rowan, Penland, Pettigrew, Rayner, Setzer 
 and Williams — 11. 
 
1862.] ' STATE CONVENTION. 87 
 
 Noes — Messrs. Allison, Badger, Barnes, Batchelor, Battle 
 of Edgecombe, Battle of Nash, Battle of Wake, Berry, Browiu 
 Bunting, Caldwell, Cannon, Christian, Cunningham, Darden, 
 Dickson, Durham, Gorrell, Graham, (Iroen, Holden, Holmes, 
 Houston, Jones of Caldwell, Joyce, Leak of Anson, Lindsay, 
 Long, Mann, Manning, McDowell of Burke, McDowell of Madi- 
 son, McDuffie, McNeill of Cumberland, McNeill of Harnett, 
 Meares, Michal, Miller, Moseley, Osborne, Phifer, Rhodes, 
 Royster, RuflBn, Sanders, Schenck, Shipp, Smith of Halifax, 
 Smith of Johnston, Speed, Starbuck, Strange, Sutherland, 
 Thomas of Carteret, Thompson, Thornton, Washington, Wil- 
 liamson, Wilson, Woodfin and Wooten — 61. 
 
 Mr. Badger moved to amend clause 4, by inserting after the 
 word "America," where it last occurs, the words "or in any 
 other war," on which (juestion the ayes and noes were ordered, 
 on motion of Mr. Michal, and resulted in tlic aftirmalive, a-* 
 follows : 
 
 Ayes — Messrs. Badger, Barnes, Battle of Edgecombe, Battle 
 of Nash, Bunting, Caldwell, Cannon, Cunningham, Dnrden, 
 Dickson, Durham, Edwards, Holmes, Howard, Jones of Rowan, 
 McDowell of Burke, McDowell of Madison, McDuffie, McNeill 
 of Cumberland, McNeill of Harnett, Michal, Miller, Moseley, 
 Osborne, Pettigrew, Phifer, Rhodes, Royster, Rufiin, Setzer, 
 Smith of Halifax, Smith of Macon, Strange, Sutherland, 
 Thomas of Carteret, Thompson, Thornton, Washington, Wil- 
 liams, Williamson, Woodfin an() Wooten — 42. 
 
 Noes — Messrs. Allison, Bagley, Batcliclor, Battle of Wake, 
 Berry, Bogle, Bryson, Christian, Dick, Eller, Foster of Ashe, 
 Gilmer, Gorrell, Graham, Green, Hamlin, Headen, Holden, 
 Houston, Jones of Caldwell, Joyce, Leak of Anson, Long, 
 Mann, Manning, Mitchell, Penland, Rayner, Sanders, Smith 
 of Johnston, Speed, Starbuck and Wilson — 33. 
 
 Mr. Osborne moved to strike out the- section, but before the 
 question was put, ' 
 
 Mr. Ruffin moved to amend the section by inserting after the 
 vord "money," in the 6th line, the words, " over and above 
 the amount of stocks that are or may be held as a sinking fund/' 
 62 
 
S8 JOURNAL OF THE [4thSbssion, 
 
 Pending the consideration of this amendment the hour arrived, 
 »nd the Convention took a recess until 4 o'clock. 
 
 4 O'clock, P. M. 
 
 The President laid before the Convention a communication 
 from the Governor, transmitting the report of Gen. Branch, of 
 the battle of Newbern. 
 
 The report and communication were read, and, on motion, 
 ordered to lie on the table. 
 
 Mr. Lindsay, from the committee on the subject, reported 
 back the ordinance to pay the oflBcers and soldiers of the Cur- 
 rituck Guards, and recommended its passage. The report lies 
 over one day. 
 
 Mr. Schenck offered a resolution to pay Robert Towles the 
 sum of twenty dollars for services as Page during the pres- 
 ent session, which, by general consent, passed the several read- 
 ings, and was ordered to be enrolled. 
 
 Mr. Houston, by consent, introduced an ordinance to legal- 
 ize the laying of taxes in Union county, which, under a sus- 
 pension of the rules, passed the several readings, and was 
 ordered to be enrolled. 
 
 Mr. Barnes, from the committee to whom the subject was 
 referred, reported a substitute for the ordinance in relation to 
 North Carolina's quota of Confederate troops, Avhich was 
 ordered to bo printed. 
 
 Mr. Christian moved to suspend the rules in order to take up 
 the ordinance in relation to the Cheraw and Coalfields Railroad, 
 on which the ayes and noes were ordered, on motion of Mr. 
 Holmes, and resulted in the affirmative, as follows : 
 
 Ayes — Messrs. Allison, Badger, Barnes, Batchelor, Battle 
 of Wake, Bogle, Caldwell, Cannon, Christian, Dick, Foster of 
 Ashe, Foster of Randolph, Gilmer, Gorrell, Graham, Green, 
 Headen, Holden, Houston, Joyce, Leak of Anson, Lindsay, 
 Long, Manning, McDuffie, McNeill of Cumberland, McNeill of 
 Harnett, Miller, Mitchell, Myers, Pettigrew, Royster, Rufiin^ 
 
1862.] STATE CONVENTION. S9 
 
 Sanders, Shipp, Smith of Halifax, Smith of Macon, Speed, 
 Spruill of Tyrrell, Starbuck, Sutherland, Thomas of Carteret, 
 Thornton, Washington, Williamson, Wilson and Wooten 49. 
 
 Noes — Messrs. Bagley, Battle of Edgecombe, Berry, Bryson, 
 Bunting, Cunningham, Dickson, Durham, Eller, Holmes, Jones 
 of Caldwell, Jones of Rowan, Mann, McDowell of Burke, 
 McDowell of Madison, Meares, Michal, Moseley, Penland, 
 Rayner, Rhodes, Schenck and Thompson — 23. 
 
 The ordinance was then read the third time. 
 
 Mr. Schenck moved to amend by inserting after the word 
 "cross," the words, "or connect with," which was agreed to. 
 
 The question recurred on the final passage of the ordinance, 
 as amended, on which the ayes and noes were ordered, on 
 motion of Mr. Meares, and resulted in the affirmative, as fol- 
 lows: 
 
 Ayes — Messrs. Allison, Badger, Barnes, Battle of Wake, 
 Berry, Bogle, Bryson, Caldwell, Christian, Dick, Durham, 
 Eller, Foster of Ashe, Foster of Randolph, Gilmer, Gorrell, 
 Graham, Green, Headen, Holden, Houston, Jones of Caldwell, 
 Joyce, Kittrell, Leak of Anson, Long, Mann, Manning, Mc- 
 Dowell of Burke, McDowell of Madison, McDuffie, McNeill of 
 Cumberland, McNeill of Harnett, Mitchell, Myera, Royster, 
 Ruffin, Sanders, Shipp, Smith of Halifax, Smith of Macon, 
 Speed, Spruill of Tyrrell, Starbuck, Thomas of Carteret, 
 Washington, Wilson and Woodfin — 48. 
 
 Noes— Messrs. Bagley, Batchelor, Battle of Edgecombe, 
 Bunting, Cunningham, Dickson, Holmes, Jones of Rowan, 
 Meares, Miller, Moseley, Pettigrew, Rhodes, Schenck, Suther- 
 land, Thompson, Thornton, Williamson and Wooten — 19. 
 
 Mr. Badger moved to suspend the rules so that the ordinance 
 for the completion of the Western Railroad may be taken up, 
 and it was agreed to. 
 
 The ordinance was read the third time, and the question 
 being on its final passage, the ayes and noes were ordered, on 
 motion of Mr. Setzer, and resulted in the affirmative, as follows: 
 
 Ayes— Messrs. Allison, Badger, Bagley, Barnes, Batchelor, 
 Battle of Wake, Bryson, Christian, Dick, Durham, Eller, Fos- 
 
m JOURNAL OF THE [4th Sbsskw, 
 
 ter of Ashe, Foster of Randolph, Graham, Green, Headen, 
 Holden, Jone^ of Caldwell, Joyce, Kittrell, Leak of Atison^ 
 Long, Manning, McDowell of Burke, McDowell of Madison, 
 McDuffie, McNeill of Cumberland, McNeill of Harnett, Mer- 
 ritt. Miller, Myers, Osborne, Penland, Pettigrew, Ruffin, Shipp, 
 Smith of Macon, Speed, Spruill of Tyrrell, Starbuck, Suther- 
 land, Thomas of Carteret, Washington, Wilson, Woodfin and 
 Wooten— 4G. 
 
 Noes — Messrs. Battle of Edgecombe, Berry, Bunting, Cun- 
 ningham, Holmes, Houston, Jones of Rowan, Meares, Mebane, 
 Michal, Mitchell, Moseley, Phifer, Rayner, Royster, Sanders, 
 Setzer, Thompson and Thornton — 19. 
 
 The ordinance to authorize the Jackson and Dalton Railroad 
 Company to connect with the railroads in this State, was, on 
 motion, postponed indefinitely. 
 
 Mr. Gilmer moved to suspend the rules so as to take up the 
 ordinance to complete the Cape Fear and Deep River Improve- 
 ment, on which the ayes and noes were ordered, on motion of 
 Mr. Berry, and resulted in the affirmative, as follows : 
 
 Ayes — Messrs. Allison, Badger, Barnes, Batchelor, Bryson, 
 Bunting, Christian, Dick, Eller, Foster of Randolph, Gilmer, 
 Gorrell, Graham, Headen, Holden, Houston, Jones of Cald- 
 well, Joyce, Kittrell, Leak of Anson, Lindsay, Long, Mann, 
 Manning, McDuffie, McNeill of Cumberland, McNeill of Har- 
 nett, Meares, Merritt, Mitchell, Moseley, Myers, Osborne, 
 Pettigrew, Rhodes, Shipp, Smith of Macon, Speed, Spruill of 
 Tyrrell, Starbuck, Sutherland, Thomas of Carteret, Thornton, 
 Washington, Wilson, Woodfin and Wooten — 46. 
 
 Noes — Messrs. Bagley, Battle of Wake, Berry, Cunningham, 
 Dickson, Durham, Foster of Ashe, Jones of Rowan, McDowell 
 of Burke, McDowell of Madison, Mebane, Michal, Rayner, 
 Royster, Ruffin, Sanders, Schenck, Setzer, Smith of Halifax, 
 and Thompson — 20. 
 
 Mr. Badger moved an adjournment, on which the ayes and 
 noes were ordered, on motion of Mr. Meares, and resulted in 
 the affirmative, as follows : 
 
1862.] STATE CONVENTION. 91 
 
 Ayes— Messrs. Badger, Batchelor, Battle of Edgecombe, 
 Berry, Bunting, Caldwell, Dickson, Durham, Eller, Graham, 
 Green, Holmes, Iloiiston. Jones of Caldwell, Jones of Rowan 
 Mann, McDowell of Burke, McDowell of Madison, Mebane, 
 Michal, Mitchell, Moseky, Phifer, Rayner, Rhodes, Royster^ 
 Ruffin, Schenck, Setzer, Shipp, Smith of Halifax, Speed, Suth- 
 erland, Tliomas of Certeret, Thompson, Thornton, Woodfin and 
 Wooten-— 38. 
 
 Noes— Messrs. Allison, Bagley, Battle of Wake, Bryson, 
 Christian, Cunningham, Dick, Foster of Ashe, Foster of Ran- 
 dolph, Gilmer, Gorrell, Headen, Joyce, Kittrell, Long, Man- 
 ning, McDuffie, McNeill of Cumberland, McNeill of Harnett, 
 Meares, Merritt, Miller, Penland, Pettigrew, Sanders, Smith 
 of Macon, Starbuck, Washington and Wilson — 29. 
 
 The Convention then adjourned to 9 o'clock to-morrow morn- 
 ing. 
 
 IN CONVENTION, Saturday, May 10, 1862. 
 
 The Convention met, the President in the chair. 
 
 The journal of yesterday was^ead and approved. 
 
 The President laid before the Convention a communication 
 froiti the Governor in response to a resolution on the subject of 
 retaining Commissaries, Quartermasters, &c., after the transfer 
 of troops to the Confederate government ; also, a message on 
 the subject of speculation and extortion, which were severally 
 read, and, on motion of Mr. Rayner, ordered to lie on the 
 table, and the first mentioned ordered to be printed. 
 
 Mr. Strange moved to suspend the rules so as to take up an 
 ordinance heretofore reported by him in relation to the price of 
 grain, &c., and it was not agreed to. 
 
 Mr. Long, from the committee on that subject, reported an 
 ordinance in relation to the salaries of clerks in the military 
 department, which passed its first reading. 
 
 Mr. Speed introduced an ordinance directing the Secretary 
 of the Convention to advertise for proposals for the publication 
 of the journal of the Convention, which passed its first reading. 
 
92 JOURNAL OF THE [4th SESsioif, 
 
 Mr. Green introduced an ordinance to allow persons driven 
 from their homes by the enemy to vote for Governor of the 
 State, which passed its first reading. 
 
 Mr. Graham introduced an ordinance in relation to electors 
 for the Senate, which passed its first reading. 
 
 On motion, the rules were suspended and the ordinance read 
 the second time and passed the second reading. 
 
 It was then read the third time, when Mr. Sanders moved to 
 amend by inserting after the word "months," the words "and 
 of the district in which he proposes to vote for six months." 
 
 Mr. Rayner moved to strike out "six" and insert "three," 
 which was not agreed to. 
 
 The question recurred on the amendment of Mr. Sanders, 
 on which the ayes and noes were ordered, at his request, and 
 resulted in the affirmative, as follows : 
 
 Ayes — Messrs. Allison, Batchelor, Battle of Edgecombe, 
 Bogle, Cannon, Christian, Dick, Dickson, Eller, Foster of 
 Ashe, Foster of Randolph, Gilmer, Gorrell, Graham, Green, 
 Hamlin, Headen, Houston, Jones of Caldwell, Jones of Rowan, 
 Leak of Anson, Lindsay, Long, Mann, Manning, Meares, 
 Michal. Miller, Penland, Pettigrew, Rhodes, Sanders, Setzer, 
 Shipp, Smith of Halifax, Smith of Macon, Speed, Spruill of 
 Bertie, Starbuck, Thomas of Carteret, Washington, Wilson and 
 Woodfin— 43. 
 
 Noes — Messrs. Bagley, Barnes, Battle of Wake, Berry, 
 Bryson, Bunting, Caldwell, Durham, Edwards, Holmes, Joyce, 
 McDowell of Burke, McDowell of Madison, McNeill of Har- 
 nett, Mebane, Mitchell, Moseley, Osborne, Rayner, Royster, 
 Buffin, Strange, Thompson, Thornton and Wooten — 24. 
 
 The ordinance then passed its third reading and was ordered 
 to be enrolled. 
 
 Mr. Graham also introduced an ordinance declaring what 
 ordinances of this Convention shall have permanent operation, 
 which passed the first reading. 
 
 Also, an ordinance to provide for a call of a Convention 
 to revise and amend the Constitution of the State, which passed 
 its first reading. 
 
1862.] STATE CONVENTION. 93 
 
 Also, a resolution in relation to the printing of the ordi- 
 nances and resolutions of the Convention, which passed its 
 first reading. 
 
 Mr. Rayner introduced an ordinance for the relief of such 
 persons as may suffer from the destruction of the records of 
 Hertford county, occasioned by the burning of the Court House 
 and Clerk's office by the enemy, which passed the several read- 
 ings, under a suspension of the rules, and was ordered to he 
 enrolled. 
 
 Mr. Woodfin introduced an ordinance to extend the time for 
 the collection of taxes and the settlement with the Public 
 Treasurer, which passed its first reading. 
 
 Mr. Battle, of Wake, offered the following : 
 
 Resolved, That a committee of three be raised to consolidate 
 the various provisions of the Constitution into one instrument, 
 including tlie Constitution of 177G, the amendments of 1835, 
 the free suffrage act of 1857, and the amendments adopted by 
 this Convention, omitting all provisions which have been repeal- 
 ed, and report the same to this Convention. 
 
 He moved to suspend the rules so that the resolution may be 
 now considered, on which the ayes and noes were ordered, on 
 his motion, and resulted in the affirmative, as follows: 
 
 Ayes— Messrs. Allison, Bagley, Barnes, Batchelor, Battle 
 of Edgecombe, Battle of Wake, Berry, Bogle, Bunting, Can- 
 non, Christian, Dick, Dickson, Durham, Eller, Foster of Ran- 
 dolph, Gilmer, Gorrell, (Traham, Green, Hamlin, Headcn, Hol- 
 den. Holmes, Houston, Jones of Caldwell, Jones of Rowan, 
 Joyce, Kittrell, Leak of Anson, Lindsay, Long, Manning, Mc- 
 Neill of Cumberland, McNeill of Harnett, Mcarcs, Mebane, 
 Michal, Miller, Mitchell, Osborne, l*ettigrew, Rhodes, Royster, 
 Sanders, Shipp, Speed, Spruill of Bertie, Starbuck, Strange, 
 Sutherland, Thompson, Washington, Wilson and Wooten — 55. 
 
 Noes — Messrs. Brysou, Caldwell, Edwards, McDowell of 
 Burke, McDowell of Madison, McDuffic, Moseley, Penland, 
 Smith of Macon, Thornton and Woodfin — 11. 
 
 Mr. Speed moved to strike out all after the word "resolved," 
 »nd insert the provision " that the resolution passed by the 
 
94 JOURNAL OF THE [4th Session, 
 
 Convention to adjourn on Tuesday next be, and the same is 
 hereby rescinded, and that the Convention will adjourn on Sat- 
 urday the 17th instant, at 2 oclock, P. M., subject to the call 
 of the President, and other regulations heretofore passed for 
 the re-assembling of the Convention. 
 
 Mr. Manning moved that the subject lie on the table, on 
 which the ayes and noes were ordered, on motion of Mr. Bad- 
 ger, and resulted in the affirmative, as follows : 
 
 Ayes — Messrs. Badger, Barnes, Batchclor, Battle of Edg^e- 
 combe, Bunting, Caldwell, Cannon, Dickson, Durham, Edwards, 
 Green, Holmes, Houston, Jones of Rowan, Leak of Anson, 
 Mann, Manning, McDowell of Biirke, McDowell of Madison, 
 McDuffie, McNeill of Cumberland, McNeill of Harnett, Michal, 
 Miller, Moseley, Penland, Pettigrew, Rayner, Royster, Setzer, 
 Smith of Halifax, Strange, Sutherland, Thom}>.son, Thornton, 
 Woodfin and Wooten — 37. 
 
 Noes — Messrs. Allison, Battle of Wake, Berry, Bogle, Bry- 
 son. Christian, Dick, Eller, Foster of Randolph, Gilmer, Gor- 
 rell, Graham, Hamlin, Headen, Jones of Caldwell, Joyce, Lind- 
 say, Long, Meares, Mebane, Mitchell, Myers, Osborne, Rhodes, 
 Ruffin, Sanders, Shipp, Smith of Macon, Speed, Spruill of 
 Bertie, Starbuck, Thomas of Carteret, Washington and Wil- 
 son — 35. 
 
 The President laid before the Convention a communication 
 from the Public Treasurer, which Avas read, and, on motion of 
 Mr. Graham, was referred to the committee of Finance. 
 
 On motion of Mr. Barnes, the rules were suspended, and 
 the Convention proceeded to the consideration of the ordinance 
 reported by hira yesterday, relating to the bounty of volunteers. 
 
 Mr. Rayner moved to amend by inserting after the word 
 "age," in the 4th line, the words, "who have received their 
 bounty of fifty dollars, and," which was not agreed to. 
 
 Mr. Starbuck moved to amend by striking out all between 
 the word "shall," in the 24th line, and the word "subject," 
 in the 29th line, and insert " decline to receive their bounty, or 
 who, having received it, shall return the same, shall be dis- 
 charged ; and that all such volunteers as shall hereafter receivt 
 
1862.] STATE CONVENTION. 95 
 
 their bounty, and those having received it, who shall decline 
 or fail to return the same, shall have their names enrolled by 
 the proper State authorities, and be discharged. 
 The amendment was not agreed to. 
 
 Mr. Rayner moved to insert after the word "Congress," the 
 words, "shall be discharged on returning the bounty which 
 they have received," and it was not agreed to. 
 
 Mr. Graham moved to amend by striking out the proviso at 
 the end of the first section, on whicli the ayes and noes were 
 ordered, on motion of Mr. Rayner, and resulted in the affirma- 
 tive, as follows : 
 
 Ayes — Messr.s. Allison, Badger, B'agley, Barnes, Batchelor, 
 Battle of Edgecombe, Battle of Wake, Berry, Bogle, Bryson, 
 Bunting, Cannon, Christian, Dick, Durham, Edwards, Eller, 
 Foster of Ashe, Gilmer, Gorrell, Graham, Hamlin, Headcn, 
 Holden, Holmes, Houston, Jones of Caldwell, Jones of Rowan, 
 Joyce, Leak of Anson, Lindsay, Long, Mann, Manning, Mc- 
 Dowell of Madison, McDuffic, McNeill of Cumberland, McNeill 
 of Harnett, Mebane, Merritt, Miller, Mitchell, Moseley, Myers, 
 Osborne, Pettigrcw, Rhodes, Royster, Ruffin, Sanders, Shipp, 
 Smith of Halifax, Smith of Macon, Speed, Spruill of Bertie, 
 Strange, Sutherland, Thomas of Carteret, Thompson, Thornton, 
 Washington, Wilson, Woodfin and Wootcn — 64. 
 
 Noes — Messrs. Green, Rayner and Starbuck — 3. 
 
 Mr. Smith, of Macon, from the committee on Enrollments, 
 reported as correctly enrolled. 
 
 An ordinance to repeal the 9th section of an act of the last 
 General Assembly in relation to the Cheraw and Coalfields 
 railroad ; 
 
 The ordinance to enable the Western Railroad Company to 
 complete their road ; 
 
 The ordinance to legalize the laying of taxes in Union 
 county ; 
 
 An ordinance for the relief of those who sufi'ered by the 
 burning of the Court House in Hertfold county ; 
 
 An ordinance in relation to electors for the Senate ; 
 
 Which were severally ratified in due form. 
 
96 JOURNAL OF THE [4th Session, 
 
 The President laid before the Convention a report of the 
 Board of Claims, which, on motion of Mr. Mebane, was referred 
 to the committee on that subject. 
 
 Mr. Thompson moved that the Convention do now adjourn to 
 9 o'clock on Monday morning, on which the ayes and noes 
 were ordered, on motion of Mr. Strange, and resulted in the 
 negative as follows : 
 
 Ayes — Messrs. Badger, Battle of Edgecombe, Battle of 
 Wake, Berry, Bunting, Cannon, Eller, Graham, Green, Hamlin, 
 Holden, Houston, Jones of Rowan, Mann, Moseley, Osborne, 
 Rayner, Rhodes, Ruffin, Sanders, Setzer, Shipp, Thompson 
 and Thornton — 24. 
 
 Noes — Messrs. Allison, Bagley, Barnes, Batchelor, Bryson, 
 Christian, Dick, Dickson, Durham, Foster of Ashe, Foster of 
 Randolph, Gorrell, Headen, Holmes, Joyce, Leak of Anson, 
 Lindsay, Long, Manning, McNeill of Cumberland, Mebane, 
 Merritt, Michal, Miller, Mitchell, Pettigrew, Royster, Smith of 
 Halifax, Smith of Macon, Speed, Spruill of Bertie, Starbuck, 
 Strange, Thomas of Carteret, Washington, Wilson and Woo- 
 ten— 34. 
 
 The hour having arrived, the Convention took a recess until 
 4 o'clock. 
 
 4 O'CLOCK, P. M. 
 
 Mr. Setzer moved a call of the House, which being ordered, 
 the roll was called and the following gentlemen answered to 
 their names : 
 
 Messrs. Allison, Bagley, Barnes, Batchelor, Battle of Edge- 
 combe, Battle of Wake, Bryson, Bunting, Caldwell, Dickson, 
 Durham, Edwards, Eller, Foster of Ashe, Foster of Randolph, 
 Gilmer, Hamlin, Headen, Holden, Holmes, Joyce, Lindsay, 
 Long, Mann, Manning, McDowell of Burke, McDowell of Madi- 
 son, McDuffie, McNeilUf Cumberland, Mebane, Miller, Mitchell, 
 Moseley, Penland, Pettigrew, Rayner, Rhodes, Royster, Ruffin, 
 Setzer, Smith of Halifax, Smith of Macon, Speed, Spruill of 
 
1862.] STATE CONVENTION. 97 
 
 Bertie, Starbuck, Strange, Sutherland, Thomas of Carteret, 
 Thompson, Thornton, Washington, Wilson, Woodfin and 
 Wooten — 54. 
 
 On motion, Messrs. Cunningham and Donnell were excused. 
 
 Mr. Caldwell moved an adjournment, and it was not agreed to. 
 
 On motion, Mr. Thomas, of Jackson, was excused. 
 
 Mr. Battle, of Wake, moved an adjournment until Monday 
 morning 9 o'clock, and the motion prevailed. 
 
 The Convention then adjourned. 
 
 IN CONVENTION, Monday, May 12, 1862. 
 
 The President called the Convention to order. Prayer by 
 Rev. Henry Ilardie, of the Presbyterian Church. 
 
 The journal of Saturday was read'afld approved. 
 
 Mr. Mebane, from the committee on that subject, reported 
 an ordinance for the payment of certain claims allowed by the 
 Board of Claims, which passed the first reading. 
 
 On his motion the rules were suspended, the ordinance read 
 the second and third times, passed, and ordered to be enrolled. 
 
 Mr. Battle, of Wake, introduced an ordinance requiring the 
 Public Treasurer to redeem mutilated Treasury notes, which 
 passed the several readings, under a suspension of the rules, 
 and was ordered to be enrolled. 
 
 Mr. Osborne offered a resolution to rescind the order for 
 adjournment, and moved to. suspend the rules so as to act on 
 the same at this time. On this question the ayes and noes 
 were ordered, on motion of Mr. Moseley, and resulted in the 
 negative — two-thirds not voting in the affirmative — as follows : 
 
 Ayes — Messrs. Allison, Battle of Edgecombe, Battle of 
 Wake, Berry,' Bryson, Christian, Dick, Donnell, Eller, Foster 
 of Randolph, Gilmer, Graham,' Hamlin, lieaden, Jones of 
 Caldwell, Joyce, Long, Manning, Meares, Mebane, Miller, 
 Mitchell, Osborne, Pettigrew, Phifer, Rhodes, Ruffin, Sanders, 
 Shipp, Smith of Macon, Speed, Spruill of Bertie, Starbuck, 
 Thomas of Carteret, Washington and Wilson — 36. 
 
98 JOURNAL OF THE [4th Session, 
 
 Noes — Messrs. Bagley, Barnes, Batchelor, Bunting, Cald- 
 well, Cannon, Cunningham, Dickson, Durham, Foster of Ashe, 
 Gorrell, Green, Holden, Holmes, Houston, Leak of Anson, 
 Lyon, Mann, McDowell of Burke, McDuffie, McNeill of Cum- 
 berland, McNeill of Harnett, Michal, Moselej, Penland, Ray- 
 ner, Schenck, Setzer, Smith of Halifax, Strange, Thornton, 
 Williams and Woodfin — 32. 
 
 On motion of Mr. Barnes, the Convention proceeded to the 
 consideration of the ordinance to pay bounty to soldiers. 
 
 Mr. Rayner moved to amend as follows : That the volunteers 
 over thirty-five years of age, who have received the bounty of 
 fifty dollars, may, at their option, avail themselves of the privi- 
 lege oiFered by the conscription law of the Confederate Con- 
 gress, and have their discharge, on condition that they return 
 the fifty dollars bounty they have received ; and all those who 
 are over thirty-five years old and have not received the fifty 
 dollars bounty, may receive the same on condition that they 
 agree that they will not avail themselves of the privilege 
 allowed them by said conscript law ; and all of the two foregoing 
 classes of volunteers, .those who have received their bounty and 
 shall not elect to return the same and continue in service, and 
 those who not having received the bounty shall elect to receive the 
 same on condition that they agree to remain in the service for 
 three years or the war, shall be enrolled by the State authori- 
 ties into a special corps, and placed under the command of Gen. 
 James Martin, to be by him organized into companies, regi- 
 ments, brigades and divisions, and when so organized, they 
 shall be tendered to the President of the Confederate States, 
 upon the condition and request that they be retained within the 
 limits of this State, for the defense of the State, as a compo- 
 nent part of the Confederate States, against invasion and 
 inroads of the enemy. 
 
 The amendment was not agreed to. 
 
 Mr. Mitchell moved to amend by striking out all between the 
 words "to," in the 16th line, to "1862," inclusive, Avhich was 
 not agreed to. 
 
 The ordinance then passed the third reading and was ordered 
 to be enrolled. 
 
1862.] ^ 6TATE CONVENTION. 99 
 
 Mr. Mitchell introduced a resolution authohzing the Gover- 
 nor to tender certain troops to the Confederate Stated, and to 
 make arrangements concerning the same, which passed its first 
 reading. 
 
 Mr. Rayner asked to be discharged from serving on the com- 
 mittee of Finance, and the request was granted. Mr. Mebane 
 was appointed in his place. 
 
 Mr. Mitchell moved to suspend the rules so as to consider 
 the resolution just introduced by him, on which question the 
 ayes and noes were ordered, on motion of Mr. Graham, and 
 resulted in the affirmative, as follows : 
 
 Ayes — Messrs. Allison, Badger, Bagley, Barnes, Batchelor, 
 Battle of "Wake, Berry, Bogle, Bryson, Cannon, Christian, 
 Cunningham, Donnell, Foster of Ashe, Gilmer, Gorrell, Gra- 
 ham, Green, Hamlin, Headen, Holden, Jones of Caldwell 
 Joyce, Leak of Anson, Long, Mann, Manning, McDuffie 
 Meares, Michal, Miller, Mitchell, Pettigrew, Phifer, Rayner, 
 Rhodes, Ruffin, Shipp, Smith of Halifax, Speed, Starbuck 
 Thomas of Carteret, Washington and Wilson — 44. 
 
 Noes — Messrs. Battle of Edgecombe, Bunting, Caldwell 
 Dickson, Durham, Holmes, Lyon, McDowell of Madison, Mc- 
 Neill of Cumberland, McNeill of Halifax, Moseley, Osborne 
 Penland, Schenck, Setzer, Smith of Macon, Strange, Thornton 
 Williams and Woodfin — 20. 
 
 Mr. McDuffie moved to amend as follows : Provided that all 
 volunteers who have not been transferred to the Confederate 
 States, and who have not received their bounty, and refuse to 
 take the same, or having received, shall elect to return it, and 
 who are over thirty-five years of age, shall be discharged imme- 
 diately ; and the amendment was agreed to. 
 
 On motion of Mr. Graham, the resolution was referred to the 
 Military Committee. 
 
 Mr. Battle, of Wake, moved to reconsider the vote by which 
 the ordinance to pay certain claims alloAved by the Board of 
 Claims, was passed; and the motion prevailed. He then moved 
 to amend by inserting two other claims more recently reported 
 by the Board, which amendment was agreed to, and as thus 
 
100 JOURNAL OF THE [4th Sbmiox, 
 
 amended, the ordinance passed the third reading and was ordered 
 to be enrolled. 
 
 Mr. Ruffin oficrcd u resolution providing for the publication 
 in the newspapers of the ordinances and resolution? of the Con- 
 vention,^ which was agreed to, under a suspension of the rules. 
 
 Mr. Speed introduced an ordinance to repeal jccrtain ordi- 
 nances amending the Constituiion, but the hour for the intro- 
 duction of ordinances having passed, objection was raised and 
 the ordinance was withdrawn. 
 
 Mr. Battle, of Wake, from the committee on Enrollments, 
 reported as correctly enrolled, 
 
 An ordinance directing the Public Treasurer to redeem muti- 
 lated Treasury notes, and the same was duly ratified. 
 
 Mr. Badger, by consent, oilVred a resolution in favor of the 
 Doorkeepers, which was adopted, under a suspension of the rules. 
 
 The orders of the day were now called for, Avhen Mr. Battle, 
 of Wake, moved to postpone the same in order to take up the 
 ordinance to provide for the oflScc of Lieutenant Governor, on 
 which the ayes and noes were ordered, on motion of Mr. Gor- 
 rell, and resulted in the affirmative, as follows : 
 
 Ayes — Messrs. Badger, Bagley, Batchclor, Battle of Edge- 
 combe, Battle of Wake, Bunting, Christian, Cunningham, Dick, 
 Dickson, Donnell, Durham, Gilmer, Green, llolden. Holmes, 
 Joyce, Lyon, McDowell of Burke, McDoAvell of Madison, Mc- 
 Duffie, McNeill of Cumberland, McNeill of Harnett, Meares, 
 Michal, Miller, Mosolcy, Ponland, Phifer, Rayner, Rhodes, 
 Schenck, Setzcr, Smith of Halifax, Strange, Thornton and 
 Williams— 37. 
 
 Noes — Messrs. Allison, Berry, Bogle, Bryson, Cannon, Eller, 
 Foster of Ashe, Foster of Randolph, Gorrell, Graham, Hamlin, 
 Jones of Caldwell, Leak of Anson, Long, Mann, Manning, 
 Mebane, Mitchell, Pottigrew, Ruffin, Sanders, Smith of Macon, 
 Speed, Starbuck, Thomas of Carteret, and Wilson — 26. 
 
 The ordinance was then read the third time. 
 
 Mr. Battle, of Wake, then moved to amend aft follows : When 
 the Governor or Lieutenant Governor shall be on trial, the 
 Chief Justice shall preside, which was agreed to. 
 
1862.] * STATE CONVENTION. 101 
 
 Mr. Speed moved to amend by providing that before the 
 ordinance shall take effect it shall be approved by the people 
 at the ballot box.. 
 
 Mr. Barnes moved to amend the amendment by providing 
 that the ordinance shall have effect only for the next election, 
 unless approved by the people at ballot box ; which Avas not 
 agreed to. 
 
 The question was then on the amendment of Mr. Speed, on 
 which the ayes and noes were ordered, and resulted in the 
 affirmative, as follows : 
 
 Ayes — Messrs. Barnes, Batchelor, Battle of Wake, Berry, 
 Bogle, Bryson, Cannon, Christian, Dick, Donnell, Eller, Foster 
 of Randolph, Gilmer, Gorrell, Graham, lieaden, Kolden, 
 Houston, Joyce, Leak of Anson, Long, Mann, Manning, Mc- 
 Dowell of Madison, Mebane, Miller, Osborne, Sanders, Shipp, 
 Smith of Macon, Speed, Starbuck, Thomas of Carteret, AVilson 
 and Woodfin — 35. 
 
 Ayes — Messrs. Allison, Badger, Bagley, Battle of Edge- 
 combe, Bunting, Cunningham, Dickson, Durham, EdAvards, 
 Foster of Ashe, Green, Hamlin, Holmes, Jones of Caldwell, 
 Lyon, McDowell of Burke, McDuffie, McNeill of Cumberland, 
 McNeill of Harnett, Meares, Michal, Moseley, Penland, Petti- 
 grew, Rhodesj Ruffin, Schenck, Setzer, Smith of Halifax, 
 Strange, Thornton, Washington and Williams — 33. 
 
 Mr. Badger moved that the ordinance lie on the table, 
 on which the ayes and noes were ordered, on motion of Mr. 
 Green, q,nd resulted in the affirmative, as follows : 
 
 Ayes — Messrs. Allison, Badger, Bagley, Battle of Edge- 
 combe, Berry, Bunting, Cunningham, Dick, Durham, Edwards, 
 Eller, Foster of Ashe, Gorrell, Graham, Green, Hamlin, Headen, 
 Holmes, Houston, Leak of Anson, Long, Lyon, Manning, Mc- 
 Dowell of Burke, McDowell of Madison, McDuffie, McNeill of 
 Cumberland, McNeill of Harnett, Mebane, Michal, Miller, 
 Mithell, Orborne, Penland, Pettigrew, Phifcr, Rhodes, Ruffin, 
 Schenck, Setzer, Shipp, Smith of Macon, Speed, Thomas of 
 Carteret, Thornton, Washington, Williams, Wilson and Wood- 
 fin— 49. 
 
102 JOURNAL OF THE ' [4th Session, 
 
 Noes — Messrs. Barnes, Batclielor, Battle of \yakc, Bryson, 
 Cannon, Christian, Dickson, Donnell, Foster of Randolph, Gil- 
 mer, Holden, Jones of Caldwell, Joyce, Mann, Meares, Mose- 
 ley, Sanders, Smith of Halifax, Starbuck and Strange — 20. 
 
 By general consent, the rule requiring a recess at 6 J o'clock, 
 was rescinded for this day. 
 
 Mr. Smith, of Macon, from the committee on Enrollments, 
 reported as correctly enrolled, 
 
 The resolution providing for the printing of the ordinances 
 and resolutions of the Convention ; 
 
 The ordinance for the payment of certain claims allowed by 
 the Board of Claims ; and 
 
 The ordinance to amend the ordinance relating to bounty, &c. ; 
 
 And the same were severally ratified in due form. 
 
 Mr. Wilson moved to take up the ordinance providing for 
 the election of Justices of the Peace by the people, on which 
 question the ayes and noes were ordered, at his request, and 
 resulted in the affirmative, as follows : 
 
 Ayes — Messrs. Allison, Berry, Bryson, Cannon, Christian, 
 Cunningham, Dick, Durham, Eller, Foster of Randolph, Gil- 
 mer, Gorrell, Graham, Hamlin, Holden, Joyce, Leak of Anson, 
 Long, Lyon, Manning, McDuffie, McNeill of Cumberland, Mc- 
 Neill of Harnett, Meares, Mebane, Penland, Rhodes, Smith of 
 Macon, Starbuck, Thomas of Carteret, and Wilson — 32. 
 
 Noes — Messrs. Badger, Bagley, Batchelor, Battle of Wake, 
 Bunting, Dickson, Edwards, Foster of Ashe, Headen, Jones of 
 Caldwell, McDoAvell of Burke, McDowell of Madison, Michal, 
 Mitchell, Moseley, Osborne, Pettigrew, Rufiin, Setzer, Smith 
 of Halifax, Strange, Thornton and Woodfin — 23. 
 
 The hour, arrived and the Convention took a recess until 4 
 o'clock. 
 
 4 O'clock, P. M. 
 Mr. Starbuck asked and obtained leave to change his vote on 
 the motion of Mr. Graham to strike out the proviso in the ordi- 
 
1862.] STATE CONVENTION. 103 
 
 nance reported by Mr. Barnes, on the subject of bounty, &c., » 
 made on yesterday. 
 
 Mr. McDuflSe, from the committee on the Fayetteville and 
 Florence railroad ordinance, reported a substitute for the same, 
 find recommended its passage. 
 
 The substitute was adopted, and the question being on the 
 final passage of the ordinance, the ayes and noes were ordered, 
 on motion of Mr. Batchelor, and resulted in the affirmative, as 
 lollows : 
 
 Ayes — Messrs. Allison, Badger, Barnes, Berry, Bogle, Bry- 
 8on, Caldwell, Cannon, Christian, Durham, Eller, Foster of 
 Randolph, Gilmer, Gorrell, Graham, Hamlin, Headen, Holden, 
 Jones of Caldwell, Leak of Anson, Long, Lyon, Mann, Mc- 
 Dowell of Burke, McDowell of Madison, McDuffie, McNeill of 
 Cumberland, McNeill of Harnett, Meares, Mebaue, Mitchell, 
 Pettigrew, Ruffin, Smith of Halifax, Smith of Macon, Speed 
 and Starbuck — 37. 
 
 Noes — Messrs. Bagley, Batchelor, Battle of Edgecombe, 
 Battle of Wake, Cunningham, Dickson, Donnell, Edwards, 
 Foster of Ashe, Green, Holmes, Houston, Mosetey, Penland, 
 Phifer, Rayner, Rhodes, Sanders, Schenck, Setzer. Strange, 
 Thornton, Washington and Williams — 24. 
 
 The ordinance was therefore ordered to be eni'olled. 
 
 Mr. Gilmer, from the Committee on Finance, reported an 
 ordinance to make further provision for the wants of the Treas- 
 ury, which passed the first reading, and was read the second 
 time, under a suspension of the rules. 
 
 Mr. Starbuck moved to amend that part of the ordinance 
 which relates to the issue of small notes, by striking out " ten 
 thousand," and inserting "five thousand," which was not 
 agreed to. 
 
 Mr. Woodfin moved to amend by providing that ten thousand 
 dollars in five cent notes, and the same amount in ten cent 
 notes shall be issued, which was agreed to. 
 
 Mr. Mitchell moved to amend by providing that of the issues 
 authorized, $800,000 shall be of 6s; $700,000 of lOs ; and 
 $500,000 of 20s; which was agreed to. 
 04 
 
104 JOURNAL OF THE [4th Session, 
 
 The ordinance then passed the second and third readings, 
 and was ordered to be enrolled. 
 
 Mr. Strange moved to take up the ordinance reported by him 
 to authorize the Governor to fix the prices of articles of prime 
 necessity, on whicli the ayes and noes ^Yere ordered, on motion 
 of Mr. Myers^ and resulted in the affirmative, as follows : 
 
 Ayes — Messrs. Allison, Bagley, Batchelor, Battle of Edge- 
 combe, Berry, Bunting, Caldwell, Christian, Cunningham, Dick, 
 Dickson, Durham, Edwards, Gilmer, Holmes, Joyce, Leak of 
 Anson, Lyon, McDowell of Burke, McDowell of Madison, Mc- 
 Duffie, McNeill of Cumberland, McNeill of Harnett, Meares, 
 Moseley, Osborne, Penland, Pettigrew, Rhodes,. Schenck, 
 Smith of Halifax, Smith of Macon, Speed, Strange, Thornton, 
 Washington and Woodfin — 37. 
 
 Noes — Messrs. Badger, Barnes, Battle of Wake, Bogle, 
 Bryson, Cannon, Donnell, Eller, Foster of Ashe, Foster of 
 Randolph, Gorrell, Graham, Green, Hamlin, Headen, Holden, 
 Houston, Jones of Caldwell, Long, Mann, Mebane, Mitchell, 
 Phifer, Rayner, Ruffin, Sanders, Setzer, Starbuck and Thomas 
 of Carteret— 29. 
 
 Mr. Strange moved to strike out the Ist^ 2nd, 3rd and 5th 
 sections, and in lieu of the 5th to insert a section providing 
 that the Governor shall seize, for the use of the State, all arti- 
 cles bought in its name, and setting forth the mode of assessing 
 the value thereof. 
 
 Mr. Graham moved to lay the ordinance on the table, on 
 which question the ayes and noes were ordered, on motion of Mr. 
 Strange, and resulted in the affirmative, as follows : 
 
 Ayes — Messrs. Allison, Badger, Bagley, Barnes, Batchelor, 
 Battle of Wake, Berry, Bogle, Bryson, Cannon, Donnell, Eller, 
 Foster of Ashe, Foster of Randolph, Gorrell, Graham, Green, 
 Hamlin, Headen, Holden, Houston, Jones of Caldwell, Long, 
 Mann, Mebane, Mitchell, Phifer, Rayner, Rhodes, Sanders, 
 Setzer, Smith of Macon, Starbuck and Thomas of Carteret — 35. 
 
 Noes — Messrs. Bunting, Caldwell, Christian, Cunningham, 
 Dickson, Durham, Edwards, Holmes, Joyce, Leak of An»on. 
 Lyon, McDowell of Burke, McDowell of Madison, McDuffie, 
 
1««2.] STATE CONA^ENTION. I05i 
 
 McNeill of Cumberland, McNeill of Harnett, Meares, Moseley, 
 Opborne, Penland, Pettigrow, Kuftin, Schenek, Smith of Hali- 
 fax. Speed, Strange, Thornton, Washington and Woodfin — 21>. 
 
 On motion of Mr. Donnell, the CJonveution look up the ordi- 
 nance providing for the collection of taxes in certain counties. 
 The same passed the second ami third reading^, and was ordered 
 to be enrolled. 
 
 On motion of Mr. Kayner, the uidinanee providing for the 
 printing of the ordinances and resolutions of the t'onveution. 
 was taken up. 
 
 Mr. Woodhn moved to strike out that part which re(iuircs 
 the Secretai-y of State to advertise the same to the lowest bid- 
 der, which was agree<l to. Tlio resolution then pas.sed tlie sec- 
 ond and third readings, and was ordered to be enrolled. 
 
 Mr. Green moved to take up the ordinance allowing refugee? 
 to vote in elections for OoNTrnor, which was agreed to, and 
 the ordinance passed the second and third readings, and wa;« 
 ordered to he enrolled. 
 
 Mr. Starbuck moved to take up the ordiuaui e allowing cor- 
 porate towns ami cities to tax slave property, and it was agreed to. 
 The ordinance was read the second time. Mr. McNeill, of 
 Cumberland, offered an amendment, pending the coubideration 
 of which, 
 
 On motion of Mi-. Badger, the ordinance was laid upon the 
 table. 
 
 Mr. Ruflin moved to take up the ordinance to exempt mem- 
 bers of the Society of Friends from military service, on which 
 the ayes and noes were ordered, on motion of Mr. Meares, and 
 resulted in the affirmative, as follows : 
 
 Ayes— Messrs. Badger, Bagley, Barnes, Batchelor, Battle 
 of Edgecombe, Battle of Wake, Berry, Bogle, Bunting, Can- 
 non, Christian, Dick, Dickson, Donnell, Foster of Kandolph, 
 Gilmer, Gorrell, Graham, Hamlin, Hcaden, Houston, Long, 
 Mann, McNeill of Harnett, Meares, Mebane, Osborne, Petti- 
 grew, Rayner, Rhodes, Ruflin, Speed, Staibuck, Thomas of 
 Carteret, Washington and Woodfin — 30. 
 
106 . JOURNAL OF THE [4th Smsion, 
 
 Noes — Messrs. Allison, Bryson, Caldwell, Cunningham, Dur- 
 ham, Edwards, Eller, Foster of Ashe, Green, Jones of Cald- 
 well, Joyce, Lyon, McDowell of Burke, McDowell of Madison, 
 McDufRe, McNeill of Cumberland, Moseley, Penland, Sanders, 
 Schenck, Setzer, Smith of Halifax, Smith of Macon, Strange 
 and Thornton — 25. 
 
 Mr. Schenck moved to adjourn, on which the ayes and noes 
 were ordered, at his request, and resulted in the negative, as 
 follows : 
 
 Ayes — Messrs. Bunting, Caldwell, Cunninghaui, Edwards, 
 Joyce, Lyon, McDowell of Burke, McDuffie, Penland, Sanders, 
 Setzer, Smith of Halifax, Strange and Thornton — 14. 
 
 Noes — Messrs. Allison, Badger, Bagley, Barnes, Batchelor, 
 Battle of Edgecombe, Battle of Wake, Berry, Bogle, Bryson, 
 Cannon, Christian, Dick, Dickson, Donnell, Durham, Eller, 
 Foster of AshA, Foster of Randolph, Gilmer, Gorrell, Graham, 
 Green, Hamlin, Headen, Jones of Caldwell, Long, Mann, ilc- 
 Neill of Harnett, Mebane, Osborne, Pettigrew, Rhodes, Ruffin, 
 Smith of Macon, Speed, Starbuck, Thomas of Carteret, Wash- 
 ington and Woodfin — 40. 
 
 Mr. Meares moved that it lie on the table, on which the 
 aycB and noes were ordered, at his request, and resulted in the 
 negative, as follows: 
 
 Ayes — Messrs. Bryson, Bunting, Caldwell, Cunningham, 
 Durham, Foster of Ashe, Joyce, Lyon, McDowell of Burke, 
 McDowell of Madison, McDuftie, McNeill of Cumberland, 
 Meares, Moseley, Sanders, Setzer, Strange and Thornton — 18. 
 
 Noes — Messrs. Allison, Badger, Bagley, Barnes, Batchelor. 
 Battle of Edgecombe, Battle of Wake, Bogle, Cannon, Chris- 
 tian, Dick, Dickson, Donnell, Eller, Foster of Randolph, Gil- 
 mer, Gorrell, Graham, Hamlin, Headen, Houston, Jones of 
 Caldwell, Long, Mann, McNeill of Harnett, Mebane, Osborne, 
 Pettigrew, Phifer, Rayner, Rhodes, Ruffin, Smith of Macon, 
 Speed, Starbuck, Thomas of Carteret, Washington and Wood- 
 tin— 38. 
 
 No ijuorum voting. 
 
 Mr. Badger moved to adjourn, on which the ayes and noes 
 were ordered, and resulted in the negative, as follows: 
 
1862.] ^ STATE CONVENTION. 107 
 
 Ayes — Messrs. Badger, Caldwell, Cunningham, Durham, 
 Edwards, Hamlin, McDowell of Burke, McDufl5e, Meares, 
 Mosele}', Phifer, Sanders, iSetzer, Strange and Thornton — 15. 
 
 Nous — Messrs. Allison. Bagley, Barnes, Batchelor, Battle 
 of Edgecombe, Battle of Wake, Berry, Bogle, Bunting, Can- 
 non, Christian, Dick, Dickson, Donnell, Eller, Foster of Ran- 
 dolph, Gilmer, Gorrell, Graham, Green, Hcaden, Houston, 
 Jones of Caldwell, Joyce, Long, Aianu, McDowell of Madison, 
 McNeill of Cumberland, McNeill of Harnett, Mebane, Osborne, 
 Pcttigrew, Rhodes, Ruffin, bchenck. Smith of Halifax, Smith 
 of Macon, Speed, Starbuck. Thomas of Carteret, Washington 
 and Woodfin — 42. 
 
 The ordinance under <onsideration then passed the third 
 reading, and was ordered to be enrolled. 
 
 The committee on Enrollments reported the following as cor- 
 rectly enrolled, and the same were duly ratified : 
 
 The ordinance to incorporate the Fayetteville and Florence 
 Railroad Company ; 
 
 The ordinance to pro\ride for the collection of taxes ; 
 
 The ordinance to allow refugees to vote in the election of 
 Governor; and 
 
 The ordinance to provide for the publication and distribution 
 of the ordinances and resolutions of the Convention. 
 
 On motion of Mr. Woodfin, the ordinance to allow further 
 time to make their returns was taken up, and the vote being 
 taken, it was not agreed to. 
 
 The committee on Enrollments reported as correctly enrolled, 
 
 The ordinance exempting members of the Society of Friends 
 from military service ; 
 
 And the same w^as duly ratified. 
 
 Mr. Graham moved to take up the ordinance to provide for 
 a Convention to amend the Constitution, on which the ayes and 
 noes were ordered, on motion of Mr. Rayncr, and, not a quo- 
 rum not voting, resulted in the negative, as follows : 
 
 Ayes — Messrs. Allison, Berry, Bogle, Bryson, Christian, 
 Dick, Eller, Foster of Astie, Gilmer, Gorrell, Graham, Hamlin, 
 Headen, Jones of Caldwell, Joyce, Long, Mebane, Mitchell, 
 
108 JOURNAL OP THE [4th ^issiois', 
 
 OHbonie, Ruffin, Sniitli of Macon, Speed. Stnrbuck and AVood- 
 fiu— 24. 
 
 Noes — Messrs. Baglev. Barnes, Batchelor, Battle of Edge- 
 combe, Battle of Wake. Bunting, (.^akhvell, Cannon, Cunning- 
 liam, Dickson, Durliani, Edwards, Foster of Randolph, Green, 
 Holmes, Lyon, McDowell of Burke, McDowell of Madison, 
 McDuffic, McNeill of Cumberland. McNeill of Harnett, Mose- 
 ley, Pcttigrew, Phifer, Rayner, Rhodes, Schenck, Setzer, 
 Smith of Halifax, Thornton and Washington — 31. 
 
 Then, on motion of Mr. Lyon, the Convention adjourned. 
 
 IN COJVENTIUN, Tuesday, May 13, 1862. 
 
 The President called the Convention to order. 
 
 The journal of yesterday Avas read and approved. 
 
 Mr. Rayner moved to take up the ordinance declaring what 
 ordinances of the Convention shall have permanent operation, 
 and it was agreed to. 
 
 The ordinance was then read the second time. 
 
 Mr. McDuffie moved to amend as follows : Provided that so 
 much of the ordinance relating to the electors of the Senate, 
 as requires a residence in the district six months prior to the 
 day of election, shall nbt have eftect until ratified by a majority 
 of the qualified voters of the State, and it was not agreed to. 
 
 The ordinance then passed the second and third readings, 
 and was ordered to be enrolled. 
 
 Mr. Woodfin, from the Military Committee, reported back 
 the resolution in relation to the conscript law, recommending 
 that it do not pass. The report lies over under the rules. 
 
 Mr. Barnes introduced the following resolution, which was 
 unanimously adopted, (Mr. Mebane in the chair.) 
 
 ''^Resolved, That the thanks of this Convention be and they 
 lire hereby tendered to the Honorable Weldon N. Edwards for 
 the able, dignifie<l and impartial manner in Avhich he has pre- 
 sided over its deliberations during the present session." 
 jf Mr. Holden introduced the following, which passed unani- 
 _^ mously : 
 
1862.] STATE OOm^ENTTON. 109 
 
 '•^Resolved, imanimondij, hy thix; Convention, That the thank;? 
 of the people of North Carolina are due and arc herehy ten- 
 dered to the ladies of the State for the contrihutioni which 
 they have made to the Confederate cause, and for the patilotic 
 ardor which they have exhibited in behalf of the country in tlse 
 prosecution of war.' 
 
 On motion of Mr. Rayner. the doors were closed and the 
 Convention sat in secret session. 
 
 After some time spent therein, the doors were again opened. 
 
 Mr. Battle, of Wake, from the committee on Enrollments, 
 reported as correctly enrolled. 
 
 The ordinance declaring what ordinaijces of the Convention 
 shall have permanent operation : 
 
 And the same was duly ratified. 
 
 Mr. Graham moved th:it the Convention do now adjourn, and 
 the motion prevailed. 
 
 The President then arose and in a short and affecting address 
 thanked the Convention for the courtesy extended to him in 
 the position to which they had called him, took leave of them as 
 a body, and declared the Convention adjourned, according to 
 its order, adopted some days since, 
 
 VVELDON N. EDWARDS, 
 
 President of the Convention. 
 
 Walter L. Steele, Principal Secretary, 
 
 L. C. Edwards, Assistant Secretary. 
 
 [Note. — The time having expired within which, by its own 
 order, the Convention should be re-assembled, and not having 
 bean called together according to the provisions of that order, 
 it stand* adjourned tine die. Secretary.] 
 

1 N I) E X 
 
 TO THE FIR8T SESSION OF THE CONVENTION. 
 
 y 
 
 , AYES AND NOES. 
 
 Paok. 
 On amendments, Ac, to the Ordinance of f^ooession. 18, 14 
 
 " an amendment to the ordinance rfttifyin^ the Constitution of 
 
 rrovisional Government of the Confederate States, 17 
 
 " laying on the table a resolution in relation to the constitntion- 
 
 aiity of the Stay Law, &c., 28 
 
 " laying on the table an ordinance to repeal the 3rd cection of ihc 
 
 4th article of the Constitution, &c., ^0 
 
 •' adjournments, 87, 4^, 48, 50, 66, 66, 76, 77, 79, 118, 114, 140, 
 
 141, 142, 143, 156, 158, 159, 160, 161 
 " laying on the table resolutions against conferring on members of 
 
 the Convention offices or appointments in the gift of that body, 40 
 " postponing, amending, &c., the ordinance to ratifying the Con- 
 stitution of Confederate States of America, 41, 44, 52, 69, 70, 71. 72 
 *■' motions to go into secret session. 4» 
 
 " motions and Hmcndments in reference to thf ordinance for the 
 
 defence of the seaboard counties, 58, 54 
 
 " the passage of the same, its second reading, 5r> 
 
 " resolutions concerning the daily sittings, taking a recess, limit- 
 ing the speeches of members, &c., 61, 61'., 6j 
 ^" tbo passage of the ordinanre ratifying the Constitution of the 
 
 Confederate States, 72 
 
 " suspending the rules to consider a resolution declaring the right 
 
 ot a State to secede whenever it may have cause, 75 
 
 " laying on the table the ordinance for the dofence of the ieaboard 
 
 counties, 7(4 
 
 " postponing and amending the same, 79. ^o 
 
 ii^the passage of the ordinance its third raading, HI 
 
 ' an amendment to the resolution relating {r> the election of Con- 
 federate Congresbmcn, 84 
 '• a nio'.ion to postpone the ordinances amending the 2nd softion of 
 
 thf' 4th article of amendments to the Constitution, 87 
 
 «.--^' motions and amendments concerning the ordinance relating to 
 
 religious tc6t8 tor office, ^i, 1^2 
 
 " thtt passage of tli« ordinauc**, its second reading, 93 
 
 ()5 
 
ii ' INDEX. 
 
 p. vox. 
 On tho ro>ululion declaring; tlic incompatibility of a soat in Ibo Con- 
 vention with a spat in Congress, its second reading;, W 
 •' laying on tho table a rei^olutipn declaring the opinion of the 
 Convontion in regard lo the 'rharac'tcr of the (government of 
 the Confederate States, V'T 
 •' postporing and amending, vte.. the .nclinance. relating to the 
 
 meeting of the General A.s.'emhly, 97, 109, lin, 11 1, ]]'2, 11:-J, ijr, 
 
 " the past^agc of the ordinance, its third reading, 117 
 
 " reconsidering the vote by which the Convention passed the ordi- 
 nance to provide for thei dofense of the seaboard counties of the 
 State, ][)•', 
 
 •' the final jins5ag(| of the ordinance. ]U4 
 
 •' postponing special orders, 108, 13() 
 
 ^ " motions concerning the election of Confederate Congressmen, 117, 118 
 •' laying on the table a motion to reconsider the ordinance relating 
 
 to tho meeting of the General Assembly, ]:;!7 
 
 ■' the motion to racousider, 188 
 
 •' an amendment to the ordinance, 189 
 
 " the final passage of the ordinance. 1H9 
 
 ^ ainondments ti> tli.- ordinance concerning taxation, revenue and 
 
 the public debt. 1«;2, 100, ](')4, Kio. ^W, 1G7. KiB. 170, 171 
 
 / *' postponing the ordinance, ItiU 
 
 ^" the passage of the uj'dinance its third reading, 17:; 
 
 ■' suspending the consideration of the ordinance to provide for the 
 
 disposition of the State troops and voluuleers, 17'-\ 
 
 " sustaining the decision of the chair, 174 
 
 •' amending a resolution rescinding the or<ler for adjournment, 17-'», 171') 
 " the I'as^age of the rc.^^olutioh, 17") 
 
 " amendments to the ordinance relating to the disposition of the 
 
 State troops and volunteers, 181, 182, 18/5 
 
 " tile passage of the ordinance its second reading, 18:! 
 
 •' postponing the ordinance jiroviding for the suffrage of soldiers 
 
 while on duty, _ 184, 18") 
 
 ^ haying on the table a resolution relating to issuing bonds of the 
 ' State to the "Wilmington, Charlotte and Kutherford Railroad 
 
 Company, 187 
 
 " postponing the ordinance to provide ways and means for the State, 187 
 " amendments to the ordinance. 188, 189 
 
 •' ])ustponing the same, 19(» 
 
 '• laying on the table a motion to take up from the table an ordi- 
 nance in relation to the property of citizens who have aban- 
 doned and left the State, 190 
 • taking the ordinance from the table, 191 
 " postponing the same, 191 
 
INDEX. iii 
 
 KLJ'X'TIONH. &r. ■^*"*- 
 
 Election of President, 
 
 n 
 
 " Principal .Sctrtilarv, t 
 
 Assistflnt iSecretftry, 
 Apj.oiiitinent of Principal and Assit^tant Duorkeeper.s fS 
 
 Note on the Ordinance of Secession, jr, 
 
 Klcction of Printer to the Convention, o^ 
 
 Delegates to the Confederate Congres.s ill), mo, 121. 
 
 122, 12.3, 124, 125, 126, 120, 127 
 " Conimit^sioner? of the Bimrd of Claims 12'J, 13(», l;jl, 
 
 1-J2, 138, 134 
 
^%, 
 
I N D E X 
 
 TO THE SECOND SESSION OF THE CONVBNTIOK. 
 
 r^ 
 
 JLYB6 ANB NOES. 
 
 On fusfiendirig tli«« rules, T 
 " laying on ilia table a subclitiiU fur % resolution mi relation %e 
 
 adjourntnent, l^i 
 •' resolutions of c(nfld«iieo in tlm ju^liL-e of our cftiiM and in the 
 
 patriotism and iiit»'grity of the administration, N 
 
 laving on tho table an ordinance to repeal tho 14th chapter of 
 
 ai;ts of the (jenerul A>s<!nibly, passed at it? flecond extra sessioii, 24 
 
 *• ameudments to tlidordinnnue to supprous speculation, Ac, 26, 29, 44,74 
 
 " laving the urdinanfo on tho tabl*;, 85 
 
 " motions oonccrninj; tho daily sittingR uf tho CuiiVL-ntiou, tb, 65 
 
 ^" a motion to reconsider tho vote adopting ao ordinance relating 
 
 .to Treasury notes, 41 
 
 /^* the paiiSRfijc of tho oriiinanee ih regard to the supply of salt, 49 
 " striking out the second ono ot the resolution* disoouritenancing 
 
 party spirit during the war, &S 
 
 " ;i resolution conoirning a recefls. ^ 87 
 " a re.-*olution to oend a (..'ouimissionwr to Richmond to confer with 
 tho Confederate authoritie.* in rogftrd to the payment of ih« 
 
 . Confederate tax, *$ 
 
 •' laying on the table an ordinancB lo deliiie and puni?h aeditioH, &2 
 
 *' laying on tho table tho resolutions discountenancing party spirit, 64 
 •• postponing indefinitely the ordinance to define and punish sedition, 6i* 
 
 «' a gubstiluto for an ovdiniuioe to coutuiue th» Board of Claim!*, 71 
 
 *' the passage of tlie ordinanca, 72 
 •' postponing indefinitely the ordinance and aniondments relation 
 
 to speculation, 78 
 
 •' the passage of the ordinanco, 75 
 " laying on the table the ordinance regulating th*t drilling of the 
 
 militia, 7ft 
 ^ '♦ motions to postpone the ordinance chartering the Piedmont Kail- 
 • road Company, 79, 8»1 
 
ii INDEX. 
 
 Pagb. 
 
 On adjournments, ^^< ^^ 85, 8*> 
 
 " laying on the tabic a comaaunicatiou from the AOjuttuit Gonera!, 82 
 " laying on the tiibk- a motion to take up tho urdinanco to perfect 
 
 an ordinance in rdfttioti ♦lO the want*! of tho Treasury. 84 
 
 ELECT10]:^S, &u. 
 
 Klectioii of i\, Couiijiission'ir to tiujierinti-nd the numut'ucture of suit, 52 
 
1 X 1) i: X 
 
 TO THE THIRD SESSION OF THE 00x^'V£NTI0^^ 
 
 AYKS AN]) NOKS. ^'*'*^*" 
 
 On rcforriiig to k select romniittpe an ordinance to perfect an ordi- 
 nance to provide for the wants of the Trea?ury, 7 
 •' the pafsnge of the ordinance, ' ^ 
 " postponing the ordinance to clmrt.T M.o Pi.dmuut Kailroad Com- 
 pany, 
 " «dj^"i'""'^-"t. ,0, 87, 08 
 " postponing the ordinance relating to the Chatham llailroad 
 
 / " the passage of the ordinaii.e to re,.,.al the 4th section of thu 
 
 Revenue Act, 
 / " the passage of the ordinance reij.ting to the act to incorporate 
 
 the Chatham llailroad Company, its third reading, [g 
 
 ,,'^ laying on tlio table a motion to take np the ordinance to charter 
 
 the Piedmont llailroad Company, .,5 
 
 " postponing IndeBnitely the ordinance in relation to the Stay Law, i>9 
 " laying on the table a resolution in relation to the subjects to be' 
 
 considered by the Convention, " ..^.j 
 
 ^^>' the passage of the ordinance to incorporat.- the Washington aiul 
 
 Tarboro' Railroad Company, its second reading, ;;- 
 
 ^^,." amending the ordinance to charter the Piedmont' llailroad Com- 
 
 pany, 
 
 38, :j9 
 
 " suspending the rules to put the ordinance o,, its third reading, ' 48 
 
 ^ ^, " the final passage of the ordinance, ' aq 
 
 " the subject of taking a recess, adjournujont. Arc, 47, 73, 7.i_ 7^5 
 
 " laying the resolution and amendments on the table, ' ' ' 48 
 
 " referring to a select committee, ic 
 " postponing the ordinancP in rplatVm to North Carolina', (piota of 
 
 Confederate troop?, ^ 
 
 " going into secret session. ro 
 " laying on tho table a motion to suspend the ruk> tn .-onsid.'r reso. 
 
 lutions relating to a recosn, ^^ 
 •• amending the ordinance to provide»:Nortli Caroiinas qaola ,,f 
 
 Coufederaie trorms, ci c.-. r... 
 
/ 
 
 ^ INDEX. 
 
 TA<i%. 
 
 kya the paeeage of the ordinance to provide for the assumption Rnd 
 
 payment of tho Confederate tax, it« second reading, «J7 
 
 " laying on the table ft motion to take up the ordinance in relation 
 
 to the Cheraw and Coalfields Railroad, 71 
 
 »^«* laying on the t)\ble the ordinance to provide for the office of 
 'j Lieutenant Governor, 72 
 
 ' " a motion to consider tho ordinance reported by the Military Corn' 
 
 mittee in relation to North Carolina's qnntn of troops, 76 
 
 " amendments to the ordinance, 77 
 
 '* printing a document accompanying the report of tho Board of 
 
 Claims, 78 
 
 " laying on the table an amendment to the rules of tho ConventioTi, 79 
 -i " amendmente to the ordinance in relation to the distillation of 
 ^ grain, 81, 83, 84, 86, 86, 89, 90, 91, 92, 93, 94 
 
 . «■' reconsidering the vote adopting an amendment proposed by M/. 
 
 Badger, 86 
 
 /'*' the passage of the ordinance, its third reading, % 
 
 " adjournment, 87, 88, 107 
 
 " the passage of an ordinance exempting person.* over 4o from 
 
 militia duty, 37 
 
 " reconsidering the vote by which the ordinance to suppres!* the 
 
 distillation of grain passed, 99 
 
 "■ 1^ motion to take up the ordinance to define and punish sedition, 100 
 " an amendment to the ordinance supplemental to the ordinance 
 
 authorizing the issue of Treasury notes, 104 
 
 —i " suspending the ru'es to put an ordinance to encourage the manu- 
 
 fticture of Cotton and Wool Cards, on its several readings, 106 
 
 , *' taking up the ordinance to exempt Quaker? from military service, 106 
 " amending a motion to rescind tbe order for adjournment, 107 
 
 " laying the motion on the table, 108 
 
 •' amending an ordinance to raisa troops for the defen?<5 of the State, 109 
 " amendments to the resolution rescinding the order for adjourn- 
 ment, 109, 110 
 " taking up tbe ordinance to raise troops for the defense of the 
 
 State, II** 
 
 " an amendment to au amendment to the same. 112 
 
 " laying the whole subject on the table, 113 
 
 '' the passage of the ordinance conferring on the Commissioners of 
 tka tOTrn of Wilmington certain power? ftr the defense of said 
 town, 115 
 
 " amendments tb the ordioHn?© to provide for the fuading of 
 
 Treasury notes, 115, Ht5 
 
 " u»eonsidering tbe vote adopting an am«ridm«nt, 117 
 
 " layiag on the tabU an ordiaaace allowiag drafted militia to eko^M 
 
 their «wa. oficsr*, 118 
 
T N D E X 
 
 TO THE FOUHTH SESSION OF THE CONVENTION. 
 
 AYES AND NOEf?. 
 
 Paue. 
 On puetpouing the ordinance in lulution to the C'h«raw »nd CuhI- 
 
 liolds Rftilroad, 5 
 " layint; on the tabic the ordiniincp to establish the office of L'cul- 
 
 enant Governor, (i 
 
 •' an amondmoiit to the ordinnncp, 7 
 
 '* striking out th« Uth so^:sion. 7 
 
 " laying the subject on tho tablo, ^ 
 " consideriuf; tho order in regard to a disposition of the con>titu- 
 tional anicndtoont'* finbracod in certain resolutions airroed to on 
 
 motion of Mr. Graham, 10 
 
 " an umondmonl uflt'reJ by Mi . Howard, 10 
 
 " layinj; on tablf a r<'.-oliitit>u lixing a day of adjournment, ll> 
 " amendm^nt.i to the ordinance in rejjard lo the election of (lovei- 
 
 nor, 14, 15, IG 
 " the passage of the ordinance, 10 
 " laying on the table the subject of i-xempting l^uakers froju mili- 
 tary duty, 17 
 '• amendments to the ordinancn,' 18, 2\, 22 25 
 " adjournment. 19, 40, 46, 58, 59, 08, 82, 90, %, 106, T07 
 " laying on i\\f^ tablo a m.ilion to take up Mr. Howard's resolution 
 
 relating to adjournment, 20 
 
 " po.^tponing the .special order.-;, 21 
 
 " postponinfT the ordinance exempting l^uakora from military duty, 25 
 
 " laying on the table the ordinance amending the Bill of I'ight^, 2G 
 
 " amendments to the same, 27 
 
 " the resolution in r<-fereiu;e to adjournment, 29, ;iU, ol 32 
 
 " postponing the tirder.s of the day, 29 
 " su.«pending the rules to consider resolutions iu relation to the 
 
 order of bu.sines.«, &e., ;j4 
 
 " amendments to the resolution.*, :i4, 3,5^ ytj 
 
 " laying them on the talde, ;^5 
 
 " postponing indefinitely. ^7 
 
 •' postponing the orders of the ordtrs, 87 
 
 •■' the adoption of resolutions relating to the order of busino?..-, iS 
 
 or, 
 
ii INDEX. 
 
 Pac-b. 
 Oh anicndiiiont:^ to the ordinance in relation to the Legislative Dc- 
 jjurtment of the Constitution. 43, 48, 49, 60, 54, 65, 61, 64; <>5, 
 
 71, 85, 8«, 87 
 " a motion to grant a loave i>f absence, 44 
 
 " Inying on the table the ordinance to define and punish sedition, 45 
 
 " liiying on the table resolutions to go into secret session to con- 
 
 .■iider the subject of a supply of salt. 47 
 
 " postponing indefinitely the ordinance to define and punish scditiou, 61 
 " laying on the table a motion to rescind that part46f an order pro- 
 viding for uigh't ses-sious, 5-8 
 " laying on the table the ordinance to amend the constitution in 
 
 relation to Justices of the Peace, 61 
 
 " Uiying on the table the (Ordinance in relation to the Executive 
 
 Department, ti- 
 
 •• laying on the table the ordinance in relation to the 8th section, 0'3 
 
 ■' .suspending the rules to take up a resolution in relation to a sup- 
 ply of salt, tio* 
 •"' laying on the table a substitute for the ordinance to enable tlie 
 
 AVestern Kailroad to complete their road, G6 
 
 " th« passage of the ordinance, its second and third readings. (■i7 
 
 " i^usponding the rules that an ordinance to incorporate the Seponab 
 Iron jilanufacturing Company might be passed its beveraJ read- 
 ings, ^ _ b9 
 
 " postponing the ordinance in relatitm to the Legislative Depart- 
 
 partment of the ConstitutioJi, 70 
 
 " a motion to recommit the ordinance in relation to a supply of 
 
 salt, 71 
 
 *' laving on the tablt; the ordinance in relation to the Cheraw and 
 
 Coalfields llailroad, 72 
 
 " suspending the rules to put the ordinance on its third reading, 7S 
 
 "^sustaining the decision of the chair, 74 
 
 " referring to a select Vonimittee a resolution in relation to Cfljit 
 
 Edwards' Rifle Battery, 76 
 
 " granting leave to introduce a resolution in volation to adjourn- 
 
 meut, 77 
 
 " suspending the rules in order to pass its several readings a reso- 
 lution granting aid to a company in Mecklenburg to establish 
 a rifle factory, 78 
 
 •' laying on the table the ordinance to restore the courtt, 7^1 
 
 " a resolution to increase the salaries of the Treasurer, Secretary 
 
 of State, and Comptroller, 7^ 
 
 '« the passage of the resolution in favor of the Western N. C 
 
 llailroad Company, 8t' 
 
 •' an amendment to the ordinance to enlarge th« powers of the 
 
 Commissioners of the City of Kaleigli, Si 
 
<^n Injing "U <>Ue tab)* Uie uidiDKucs in rftl«tiuH tw Xh* LegMatir* 
 
 department of the ConsUtulioB, 84 
 
 • postponiug the ordinance. 86 
 
 " suspending tlie rule? to take up the urdinauce u* reUlioa t<i iha 
 
 Cheraw and Coalflelds Railrond Company, 88 
 
 •' the liunl passage «f the ordinHnre, 88 
 
 •' the final pupsBge of the ordinance for tha coinpletiou of the Wes- 
 tern Railroad Company, 89 
 '• iusponding the rule-- to take uji the ordinanc-* to complete the 
 
 Cape Fear and Deep River Improvement, SK> 
 
 '-' au amendment to an ordinance in relation to electors for the 
 
 Senate, 92 
 
 " siiapeuding the rule^ to consider a re::olutioD in relation to tlie 
 
 appointment of a committee to consolidate the variooe proTtsion^ 
 
 of the Constitution, 5*3 
 
 '* laying the resolution on the tabic, 5*4 
 
 •' na amendment to the ordinance relative to tho bounty of soldiers, 8o 
 '• suspending tho rules to act on a resolution rescinding the order 
 
 for adjournment, 97 
 
 ' suspending the rulw- to considiT a resolution authorizing tho 
 
 Governor to tender certain troop- to tho C-onfcilerate States, &c., 99- 
 '' postponing the order? of the day, 106 
 
 " an amondraont to Uie ordinance lo provide for the office of Lieut> 
 
 cnant Governor, 101 
 
 <' laying the ordinancy on tlio table, 101 
 
 " tnking up tho ordinance providing for the election of Jubtic«6 o-f 
 
 the Peace by tho people, 102 
 
 " tho final passage of the ordinance in relation to tho Fayetleville 
 
 and Florence Railroad. 1-08 
 
 •• taking up tho ordinance to authorize the Orovernor to fix the 
 
 prices of artcles of prime necessity, 104 
 
 " laying the ordinance on tho table, 104 
 
 '• taking up the ordinance to exempt member* of the boeietjr of 
 
 Friends from military service, 105 
 
 " laying the same on the table, 106 
 
 " taking up the ordinance to provide ^or a Conveulien to aat«nd 
 
 the Constitutioa, 107 
 
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 L. B. Cat. No. 1137 / 
 

 DATE DUE 
 
 f7 3.7131 
 
 
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